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SB1678 - 572R - S Ver
Senate Engrossed
health
facilities; group homes; resident information
(now:� residential
healthcare; emergencies; study committee)
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1678
AN
ACT
amending section 36-420.04, Arizona
Revised Statutes; Amending title 36, chapter 4, article 1, Arizona Revised
Statutes, by adding section 36-420.06; amending title 36, chapter 5.1,
article 1, Arizona Revised Statutes, by adding section 36-576; relating
to health care institutions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 36-420.04, Arizona Revised
Statutes, is amended to read:
START_STATUTE
36-420.04.
Assisted living centers and homes; emergency responders; resident
information; hospitals; discharge planning; patient screenings; discharge
documents
A. An assisted living center or assisted living home
that contacts an emergency responder on behalf of a resident shall provide to
the emergency responder a written document that includes all of the following:
1. The reason or reasons the emergency responder was
requested on behalf of the resident.
2. Whether the resident receives medication services
and, if the resident has provided this information to the assisted living
center or assisted living home, a list of all the resident's prescription and
over-the-counter medications, their dosages and how frequently they are
administered.
3. The name, address and telephone number of the
resident's current pharmacy.
4. A list of any known allergies to any medications,
additives, preservatives or materials
like
,
such as
latex or adhesive.
5. The name and contact information for the
resident's primary care physician and power of attorney or authorized
representative.
6. Basic information about the resident's physical
and mental conditions and basic medical history, such as having diabetes or a
pacemaker or experiencing frequent falls or cardiovascular and cerebrovascular
events, as well as dates of recent episodes, if known.
7. The point-of-contact information for
the assisted living center or assisted living home, including the telephone
number
and
, if available,
a
cell phone number and email address. A point of contact
must be available to respond to questions regarding the information provided
twenty-four hours a day, seven days a week.
8. A copy of the resident's health insurance
portability and accountability act release authorizing a receiving hospital to
communicate with the assisted living center or assisted living home to plan for
the resident's discharge. This paragraph does not preclude a resident from
revoking the resident's health insurance portability and accountability act
release authorization.
9. A copy of the resident's advance directives, if
any, on file at the assisted living center or assisted living home. This
paragraph does not preclude a resident from revoking or modifying the
resident's advance directives.
B. Each assisted living center or
assisted living home that contacts an emergency responder on behalf of a
resident shall note in the resident's record that the assisted living center or
assisted living home provided the document required by subsection A of this
section to the emergency responder and shall obtain written or electronic
acknowledgment from the emergency responder that the emergency responder
received the document.
B.
C.
The
assisted living center or assisted living home must notify the resident's
authorized representative that the resident was transported to a hospital and
provide the name and location of the hospital.
C.
D.
Each
assisted living center and assisted living home must maintain a standardized
form for each resident that includes the information prescribed in subsection A
of this section, except for the information prescribed in subsection A,
paragraph 1 of this section, which shall be provided at the time the emergency
responder is contacted. Each assisted living center and assisted living home
shall periodically update this form for each resident as necessary.
D.
E.
An
assisted living center or assisted living home shall maintain a copy of the
document provided to the emergency responder and documentation of the actions
required by subsection
B
C
of this section for a period of two years after the date of
the emergency.
E.
F.
If
the emergency responder transports the resident to a hospital, the emergency
responder shall provide a copy of the written document required by subsection A
of this section to the receiving hospital.
F.
G.
To
protect the health and safety of patients being transferred by a hospital to an
assisted living center or assisted living home, a discharging hospital shall
coordinate with the health care institution from which the patient has been
transferred or the health care institution to which the patient will be
discharged and shall provide a written discharge plan for each inpatient. The
discharge plan shall:
1. Be prepared by appropriate staff.
2. Include point-of-contact information
for the discharging hospital, including a telephone number and, if available,
an email address. The hospital's point of contact shall monitor the telephone
and, if available, the email address provided and shall promptly respond to any
inquiry. For forty-eight hours after discharge, the
discharging hospital's designated point of contact must be available to respond
to the receiving assisted living center or assisted living home to assist in
returning or admitting the patient to the facility and to clarify any needed
information in the discharge plan. Hospitals shall have a qualified
hospital representative respond to discharge plan questions received from the
assisted living center or assisted living home.
3. Document the patient's discharge evaluation and
provide an assessment of the patient's medical or health conditions, including:
(a) Any documented pressure injuries or ulcers, the
location on the body and the assessed stage level.
(b) Cognitive or physical conditions or impairments.
(c) The patient's weight-bearing status.
(d) Specified dietary requirements, if applicable.
(e) Whether the patient requires continuous medical
services or continuous or intermittent nursing services or restraints.
(f) Whether the patient requires specialized medical
equipment or home health services and a copy of the hospital's orders for that
equipment or those services.
(g) Follow-up health care services and other
services recommended for the patient.
4. Include, if applicable, a copy of any
prescription that was transmitted to the patient's current pharmacy as
designated in subsection A of this section or the medication summary or
medication instructions. The copy of the prescription or medication summary or
medication instructions shall include the patient's name, medication
administration instructions and the signature of the prescriber or a record
that the prescription was electronically signed by the prescriber.
5. Document that the hospital notified the receiving
assisted living center or assisted living home of any new device orders for the
patient.
6. Document that the discharging hospital notified
the patient's authorized representative that the patient was discharged and
provided the name, location and contact information of the receiving facility.
G.
H.
The
discharging hospital shall contact the assisted living center or assisted
living home from which the patient entered the hospital, after initial
inpatient assessment, to discuss an evaluation of the patient's likely
postdischarge health care needs. The hospital shall reevaluate and
discuss with the assisted living center or assisted living home from which the
patient entered the hospital the patient's condition, as appropriate, to
identify changes to the patient's condition that may impact the patient's
postdischarge health care needs, including recommendations, if any, by the
hospital to transfer the patient to a different facility other than the
facility from which the patient entered the hospital to address the patient's
higher care needs. The discharging hospital shall provide an opportunity for a
patient screening before discharge by the assisted living center or assisted
living home from which the patient entered the hospital or to which the patient
is being referred. The assisted living center or assisted living
home shall determine through a screening and a review of or discussion about
medical records whether the patient's postdischarge care needs, including
additional ordered services, are within the facility's scope of services. After
receiving notification from the discharging hospital, the assisted living
center or assisted living home shall perform the screening
promptly. For on-site screenings, the staff of the assisted
living center or assisted living home may be required to follow standard
hospital security and identification requirements. If the assisted
living center or assisted living home from which the patient entered the
hospital can no longer meet the patient's needs, the facility shall provide
documentation to the hospital demonstrating the reasons why the facility cannot
accept the patient back to the facility.
H.
I.
For
patients being transferred from a hospital to an assisted living center or
assisted living home who have not previously been admitted to the assisted
living center or assisted living home, the hospital shall coordinate with the
assisted living center or assisted living home to allow time to expeditiously
obtain documentation from a physician, registered nurse practitioner,
registered nurse or physician assistant coordinating the level of care needed
in the assisted living center or assisted living home.
I.
J.
For
emergency department or observation patients, the hospital shall provide the
assisted living center or assisted living home from which the patient entered
the hospital with a point of contact, including a telephone number and, if
available, an email address. The hospital's point of contact shall
monitor the telephone and, if available, the email address provided and
promptly respond to any inquiry. For forty-eight hours after
discharge, the discharging hospital's designated point of contact must be
available to respond to the receiving assisted living center or assisted living
home to assist in returning or admitting the patient to the assisted living
center or assisted living home and to clarify any needed information in the
discharge plan. Hospitals shall have a qualified hospital
representative respond to discharge plan questions received from the assisted
living center or assisted living home. The hospital shall also
provide the patient's assisted living center or assisted living home with any
new prescription orders as prescribed in subsection
F
G
, paragraph 4 of this section, a
record of medications administered and any identified follow-up care services
recommended for the patient. The hospital shall provide the
additional information outlined in subsection
F
G
, paragraph 3 of this section if
the hospital determines it is applicable. An assisted living center
or assisted living home from which the patient entered the hospital shall
readmit the patient if the assisted living center or assisted living home can
meet the care needs for the patient.
J.
K.
Each
hospital shall develop a discharge document that encompasses the information
outlined in subsection
F
G
of this section for inpatient discharges. The
discharge document shall be provided to the assisted living center or assisted
living home to which the patient is being discharged.
END_STATUTE
Sec. 2. Title
36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding
section 36-420.06, to read:
START_STATUTE
36-420.06.
Patients and residents; advance directives; do-not-resuscitate
orders; policies and procedures; definitions
A.
IF THE
DEPARTMENT RECEIVES A COMPLAINT FROM AN EMERGENCY MEDICAL CARE TECHNICIAN OR
peace officer ALLEGING THAT a health care institution
FAILED
TO PROVIDE A patient's or resident's
DO-NOT-RESUSCITATE
ORDER or other advance directive, if on file with the health care institution,
AFTER REQUESTING EMERGENCY MEDICAL SERVICES, the department shall determine
whether the health care institution:
1. Is in COMPLIANCE with section 36-420.04,
if applicable.
2. Has policies and procedures
established, documented and implemented that cover advance directives,
including do-not-resuscitate orders.
3. Complied with the policies and
procedures in the situation that was the basis for the complaint.
B. This section does not require a
patient or resident to have any advance directive, including a do-not-resuscitate
order, on file with a health care institution unless otherwise required by law.
C. For the purposes of this section
:
1. "Emergency medical care
technician" has the same meaning prescribed in section 36-2201.
2. "Health care
institution" means an assisted living center, an assisted living home, an
assisted living facility, hospice, a nursing-supported group home, a
nursing care institution or a residential care institution that is licensed
pursuant to this chapter.
END_STATUTE
Sec. 3. Title 36, chapter 5.1, article 1,
Arizona Revised Statutes, is amended by adding section 36-576, to read:
START_STATUTE
36-576.
Residents; advance directives; do-not-resuscitate
orders; policies and procedures; rules; definition
A.
IF THE
DEPARTMENT RECEIVES A COMPLAINT FROM AN EMERGENCY MEDICAL CARE TECHNICIAN OR
peace officer ALLEGING THAT a group home or behavioral-supported group
home
failed to provide a resident's
DO-NOT-RESUSCITATE ORDER or other advance directive, if on
file with the group home or behavioral-supported group home, AFTER
REQUESTING EMERGENCY MEDICAL SERVICES, tHE DEPARTMENT SHALL CONDUCT AN
INVESTIGATION to determine whether the group home or behavioral-supported
group home:
1. Has policies and procedures
established, documented and implemented that cover advance directives,
including do-not-resuscitate orders.
2. Complied with the policies and
procedures in the situation that was the basis for the complaint.
B. This section does not require a
resident to have any advance directive, including a do-not-resuscitate
order, on file with a group home or behavioral-supported group home
unless otherwise required by law.
C. The department shall adopt rules
to ensure compliance with the requirements of this section.
D. for the purposes of this section,
"emergency medical care technician" has the same MEANING prescribed
in section 36-2201.
END_STATUTE
Sec. 4.
Vulnerable adult
system study committee; membership; duties; report; delayed repeal
A. The vulnerable adult
system study committee is established consisting of the following members:
1. Two members of the house
of representatives who are appointed by the speaker of the house of
representatives and who are members of different political parties. The speaker
of the house of representatives shall designate one of these members to serve
as cochairperson of the committee.
2. Two members of the
senate who are appointed by the president of the senate and who are members of
different political parties. The president of the senate shall
designate one of these members to serve as cochairperson of the committee.
3. The director of the
department of health services or the director's designee.
4. The director of the
department of economic security or the director's designee.
5. The director of the
Arizona health care cost containment system or the director's designee.
6. One member who
represents the governor's office and who is appointed by the governor.
7. One member who
represents the attorney general's office and who is appointed by the attorney
general.
8. The department of
economic security's long-term care ombudsman or the ombudsman's designee.
9. One member who currently
serves as a public fiduciary and who is appointed by the governor.
10. Two members who are
employed by a local law enforcement agency or by a statewide organization that
represents law enforcement and who are appointed by the governor.
11. The executive director
of the Navajo area agency on aging or the executive director's designee.
12. The executive director
of the inter tribal council of Arizona or the executive director's designee.
13. Two members who
represent assisted living facilities and who are appointed by the speaker of
the house of representatives.
14. Two members who
represent nursing care institutions and who are appointed by the governor.
15. One member who
represents a statewide organization that advocates for elderly vulnerable
adults and who is appointed by the president of the senate.
16. One member who
represents a statewide organization that advocates on behalf of persons
affected by Alzheimer's disease and who is appointed by the president of the
senate.
17. One member who
represents a statewide association that advocates on behalf of persons who
provide services to persons with developmental disabilities and who is
appointed by the speaker of the house of representatives.
18. One health care
professional who is appointed by the speaker of the house of representatives
and who both:
(
a
) Is
licensed pursuant to title 32, Arizona Revised Statutes.
(
b
) Provides
health care services to elderly vulnerable adults.
19. One member who is on
the governor's advisory council on aging and who is appointed by the governor.
20. One member who
represents a statewide association representing firefighters in this state and
who is appointed by the president of the senate.
B. The vulnerable adult
system study committee shall:
1. Develop and implement a
coordinated vulnerable adult services delivery system that ensures the health
and safety of vulnerable adults.
2. Recommend best practices
relating to responding to and investigating complaints.
3. Research best practices
related to adult protective services at the state, municipality and community
levels.
4. Research and make
recommendations on how the vulnerable adult system can ensure that vulnerable
adults receive services they require after the vulnerable adult system
completes its investigatory duties, including assigning a specific agency with
the responsibility to provide or coordinate case management.
5. Research and identify
common statewide outcomes.
6. Identify best practices
for data collection and data sharing by various entities involved in providing
vulnerable adult services.
7. Review and recommend
changes to the statutes and rules that govern vulnerable adult services.
C. The cochairpersons may
designate work groups to research, study and make recommendations to the study
committee. At least two work groups shall be established to separately address
the needs of persons with developmental disabilities and persons who are
elderly or who have a physical disability, including the training requirements
for persons who are caring for these populations.
D. Once the study committee
establishes a strategic direction, the department of economic security, in
conjunction with the work groups, shall develop an action plan for
implementation.
E. Public members of the
study committee are eligible to receive reimbursement of expenses pursuant to
title 38, chapter 4, article 2, Arizona Revised Statutes.
F. On or before October 1,
2026 and each October 1 thereafter, the study committee shall submit a report
of its findings and recommendations to the governor, the president of the
senate and the speaker of the house of representatives and shall provide a copy
of this report to the secretary of state.
G. This section is repealed
from and after December 31, 2028.