REFERENCE TITLE: nursing homes; advisory council

State of Arizona

House of Representatives

Fifty-fifth Legislature

Second Regular Session

2022

HB 2388

Introduced by

Representatives Longdon: Dunn

AN ACT

Amending Title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-420.02; 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. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-420.02, to read:

START_STATUTE36-420.02. Nursing care institution advisory council; duties; membership; meetings; annual report

A. the nursing care institution advisory council is established in the department to:

1. advise the department on matters related to the oversight of nursing care institutions and on issues concerning nursing care institution residents and their families.

2. foster communication with the public regarding nursing care institutions.

B. The responsibilities of the advisory council include:

1. Analyzing and reviewing:

(a) the results of nursing care institution inspections and surveys that are conducted by the department, including the penalties assessed against nursing care institutions.

(b) the department's adherence to federal guidance concerning state inspections of nursing care institutions.

2. Receiving public comments on the results of nursing care institution inspections and surveys.

3. Consulting with the state long-term care ombudsman as necessary.

4. Reviewing the data provided to the advisory council by the department, the auditor general and the office of state long-term care ombudsman to:

(a) identify areas of concern within the nursing care institution industry.

(b) develop recommendations for policies, plans or strategies to foster improvements in quality of care, resident and staff safety and overall performance in nursing care institutions licensed in this state.

C. The advisory council consists of the following members:

1. The state long-term care ombudsman, the director of the Arizona health care cost containment system and the director of the department of economic security, or their designees, who serve as nonvoting members.

2. One nursing care institution surveyor employed by the department who is appointed by the director of the department.

3. Two representatives of the nursing care institution industry, one of whom is a representative of a for-profit nursing care institution and one of whom is a representative of a nonprofit nursing care institution, who are appointed by the governor.

4. Four public members who are advocates for residents of nursing care institutions, two of whom are appointed by the president of the senate and two of whom are appointed by the speaker of the house of representatives.

D. The public members of the advisory council shall be appointed and the advisory council shall first organize not later than forty-five days after the effective date of this section. On organizing, the advisory council shall select a chairperson and a vice chairperson from among its members. The chairperson shall appoint a secretary to the advisory council, who need not be a member of the advisory council.

E. Public members of the advisory council shall serve for a term of five years, except that, of the members first appointed, two members shall serve a term of three years, two shall serve a term of four years and two shall serve a term of five years. Vacancies in the membership shall be filled in the same manner in which the original appointments were made. Public members are eligible for reappointment to the advisory council.

F. The advisory council shall meet on a quarterly basis at such times and places as designated by the chairperson. A majority of the members serving pursuant to subsection C, paragraphs 2 through 4 of this section constitute a quorum for the purposes of the advisory council taking official action. All meetings of the advisory council shall be open to the public. Agendas, minutes, documents and testimony from each meeting shall be posted on the department's public website. The advisory council shall invite the attorney general or the attorney general's designee, the auditor general, the state comptroller and a representative of the department to be present at each meeting.

G. The members of the advisory council shall serve without compensation but are eligible to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2.

H. The advisory council shall receive assistance and services from any state, county or municipal department, board, commission or agency as may be available to it for its purposes. The department shall provide staff and administrative support to the advisory council.

I. The advisory council shall annually prepare and submit a report concerning its analysis of the department's oversight and inspections of nursing care institutions along with any recommendations for legislative or administrative action to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy to the secretary of state. The advisory council may provide additional recommendations to the department at any time on request by the department.