House Engrossed |
State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HOUSE BILL 2090 |
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AN ACT
Amending section 36‑406, Arizona Revised statutes; 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 36-406, Arizona Revised Statutes, is amended to read:
36-406. Powers and duties of the department
In addition to its other powers and duties:
1. The department shall:
(a) Administer
and enforce this chapter and the rules, regulations and standards adopted
pursuant thereto to this chapter.
(b) Review, and may approve, plans and specifications for construction or modification or additions to health care institutions regulated by this chapter.
(c) Have access to books, records, accounts and any other information of any health care institution reasonably necessary for the purposes of this chapter.
(d) Require
as a condition of licensure that nursing care institutions and assisted living
facilities make vaccinations for influenza and pneumonia available to residents
on site on‑site on a yearly basis. The
department shall prescribe the manner by in which the institutions
and facilities shall document compliance with this subdivision, including
documenting residents who refuse to be immunized. The
department shall not impose a violation on a licensee for not making a
vaccination available
This subdivision does not apply if there is a shortage of that vaccination vaccine in this state as determined by the director.
(e) Monitor the centers for medicare and medicaid services hospital inpatient quality reporting and value based purchasing programs for changes to measures of timely and effective care that include offering the influenza vaccination and assessing the status of patients who are at least sixty‑five years of age. If the centers for medicare and medicaid services no longer include the assessment of patients who are at least sixty‑five years of age and the offering of the influenza vaccination in the hospital quality programs, the department shall notify the chairperson of the house of representatives health committee and the chairperson of the senate health and human services committee, or their successor committees, in order to consider whether a change in state law or rule to continue to require hospitals to assess patients who are at least sixty‑five years of age and offer the influenza vaccination is in the best interest of the public health.
2. The department may:
(a) Make
or cause to be made inspections consistent with standard medical practice of
every part of the premises of health care institutions which
that are subject to the provisions of
this chapter as well as those which that apply for or hold a
license required by this chapter.
(b) Make
studies and investigations of conditions and problems in health care
institutions, or any class or subclass thereof of health care institutions,
as they relate to compliance with this chapter and rules, regulations and
standards adopted pursuant thereto to this chapter.
(c) Develop
manuals and guides relating to any of the several aspects of physical
facilities and operations of health care institutions or any class or subclass thereof of health care institutions for distribution to the
governing authorities of health care institutions and to the general public.