PREFILED JAN 03 2024
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REFERENCE TITLE: licensed facilities; transfer; sale; prohibition |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2111 |
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Introduced by Representatives Willoughby: Bliss
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An Act
amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-420.05; amending title 36, chapter 18, article 4, Arizona Revised Statutes, by adding section 36-2068; relating to licensed facilities.
(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 36-420.05, to read:
36-420.05. Health care institutions; legal action; licensure; change of ownership
A. The department may not act on an application for licensure of a currently licensed health care institution while any enforcement or court action related to health care institution licensure is pending against that health care institution's current licensee.
B. The director may continue to pursue any court, administrative or enforcement action against a licensee described in subsection A of this section even though the health care institution is in the process of being sold or transferred to a new owner.
C. The department may not approve a change in health care institution ownership unless the department determines that there has been a transfer of all legal and equitable interests, control and authority in the health care institution so that persons other than the transferring licensee, that licensee's agent or other parties exercising authority or supervision over the health care institution's daily operations or staff are responsible for and have control over the health care institution.
Sec. 2. Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding section 36-2068, to read:
36-2068. Sober living homes; legal action; licensure; change of ownership
A. The department may not act on an application for licensure of a currently licensed sober living home while any enforcement or court action related to sober living home licensure is pending against that sober living home's current licensee.
B. The director may continue to pursue any court, administrative or enforcement action against a licensee described in subsection A of this section even though the sober living home is in the process of being sold or transferred to a new owner.
C. The department may not approve a change in sober living home ownership unless the department determines that there has been a transfer of all legal and equitable interests, control and authority in the sober living home so that persons other than the transferring licensee, that licensee's agent or other parties exercising authority or supervision over the sober living home's daily operations or staff are responsible for and have control over the sober living home.