ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

HB2163: health care institutions; civil penalties

Sponsor: Representative Schwiebert, LD 2

Committee on Health & Human Services

Overview

Increases the amount of a civil penalty the Director of the Arizona Department of Health Services (DHS) can assess against a person who violates statutes or rules regarding health care institutions to not more than $1,000 for each violation.

History

Currently, the DHS Director can assess a civil penalty against a person who violates statutes or rules related to health care institutions in an amount not exceeding $500 for each violation. Each day that a violation occurs constitutes a separate violation.

The DHS Director may issue a notice of the assessment which must include the proposed amount of the assessment. A person may appeal the assessment by requesting a hearing from the Office of Administrative Hearings. If the assessment is appealed, the DHS Director cannot take any further action to enforce and collect the assessment until after the hearing. Statute outlines the factors the DHS Director must consider when determining the civil penalty (A.R.S. § 36-431.01).

A health care institution is every place, institution, building or agency, whether organized for profit or not, that provides facilities with medical, nursing, behavioral health, health screening or other health-related services, supervisory, personal or directed care services and includes home health agencies, outdoor behavioral health care programs and hospice service agencies (A.R.S. § 36-401).

Provisions

1. Modifies the maximum amount the DHS Director may assess as a civil penalty against a person who violates health care institution statutes or rules from $500 to $1000 per violation. (Sec. 1)

2. Makes technical changes. (Sec. 1)

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6. HB 2163

7. Initials AG/KM Page 0 Health & Human Services

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