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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
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HB 2653: long-term care; reporting; monitoring; injury
Sponsor: Representative Nguyen, LD 1
Committee on Health & Human Services
Overview
Establishes requirements for electronic monitoring devices and incident reporting for assisted living facilities.
History
Long-Term Care Facilities
Residential care institutions are health care institutions other than a hospital or a nursing care institution that provides resident beds or residential units, supervisory care services, personal care services, behavioral health services, directed care services or health-related services for persons who do not need continuous nursing services. Assisted living facilities are residential care institutions, including an adult foster care home, that provides or contracts to provide supervisory care services, personal care services or directed care services on a continuous basis. Nursing care institutions are health care institutions that provide inpatient beds or resident beds and nursing services to persons who need continuous nursing services but who do not require hospital care or direct daily care from a physician (A.R.S. § 36-401).
Adult Protective Services Registry
Laws 2006, Chapter 211 created the Adult Protective Services (APS) registry. The law instructs the Arizona Department of Economic Security (DES) to maintain a registry of substantiated reports of abuse, neglect and exploitation of vulnerable adults. The APS registry contains the name and date of birth of the person determined to have abused, neglected or exploited a vulnerable adult, the nature of the allegation made and the date and description of the disposition of the allegation. The names of the vulnerable adult and reporting source cannot be reported to the registry. DES must maintain a report in the APS registry for 25 years after the date of the entry. A vulnerable adult is an individual who is 18 years of age or older and unable to protect themselves from abuse, neglect or exploitation by others because of a physical or mental impairment (A.R.S. §§ 46-451 and 46-459).
Duty to Report Abuse, Neglect and Exploitation of Vulnerable Adults
The following individuals are required to immediately report or cause reports to be made to a peace officer or to the APS central intake unit if they have a reasonable basis to believe that abuse, neglect or exploitation is happening to a vulnerable adult: 1) health professionals; 2) emergency medical technicians; 3) home health providers; 4) hospital interns or residents; 5) speech, physical or occupational therapists; 6) long-term care provider; 7) social workers; 8) peace officers; 9) medical examiners; 10) guardians and conservators; 11) fire protection personnel; 12) developmental disabilities providers; 13) DES employees; and 14) other persons who are responsible for the care of the vulnerable adult (A.R.S. § 46-454)
Provisions
Registry Checks
1. Requires, beginning January 1, 2025, an owner of a residential care institution, nursing care institution or home health agency to verify that an employee or potential employee is not on the APS registry or Elder Abuse Central Registry. (Sec. 1)
2. Requires an owner to take action to terminate the employment of an employee or not hire a potential employee if they are found to be on the APS or Elder Abuse Central Registry. (Sec. 1)
Electronic Monitoring Devices
3. Allows an owner or manager of a nursing care institution or assisted living facility to install, oversee and monitor electronic monitoring devices in common areas, including hallways, unless any resident or resident's responsible person objects to the installation of the devices. (Sec. 2)
4. Requires an owner or manager to provide advance notice of the intent to install electronic monitoring devices at least 30 days before installing the devices. (Sec. 2)
5. Permits an owner or manager to contract with a third party to install, oversee and monitor the electronic monitoring devices. (Sec. 2)
6. Permits an owner or manager to require cost sharing for the electronic monitoring devices only with the consent of responsible persons. (Sec. 2)
7. Allows a resident to a resident's responsible person to install electronic monitoring devices of the resident. (Sec. 2)
8. Prohibits an owner or manager from preventing the resident or the resident's responsible person from installing and paying for the cost of electronic monitoring devices if the resident or resident's responsible person agrees to the installation. (Sec. 2)
9. Asserts that the resident or the resident's responsible person is responsible for the maintenance and repairs of those electronic monitoring devices if they install and pay for the devices. (Sec. 2)
10. Prohibits an owner or manager from accessing the installed electronic record of electronic monitoring devices unless the resident or resident's responsible person provides access. (Sec. 2)
11. Establishes rules that the Arizona Department of Health Services (DHS) Director must adopt at minimum regarding the use of electronic monitoring devices in nursing care institutions and assisted living facilities. (Sec. 2)
12. Asserts that the rules adopted regarding the use of electronic monitoring devices do not apply if the residents' responsible persons install the electronic monitoring device. (Sec. 2)
13. States that the rules adopted for electronic monitoring devices may not:
a) prohibit accessing the electronic record from the owner or manager, the resident or resident's responsible person unless the electronic record contains evidence of a suspected criminal offense; and
b) prohibit cost sharing for the electronic monitoring devices between the owner or manager and the residents' responsible persons. (Sec. 2)
14. States that if an owner or manager has installed and uses an electronic monitoring device before the effective date, the owner or manager must establish policies consistent with DHS rules and submit the policies to DHS within 90 days after the rules are adopted. (Sec. 2)
Assisted Living Facilities Injury Reportion Requirements
15. Directs assisted living facilities to report to DHS each incident involving any of the following:
a) any serious injury or medical issue sustained by a resident, whether incidental to a situation or malicious;
b) any injury sustained by a resident that was inflicted by another resident;
c) any injury in which a resident leaves the assisted living facility without notice; and
d) any injury sustained by staff that was inflicted by a resident. (Sec. 4)
16. Requires an assisted living facility to also report the injury to the family member or the resident's representative who is designated to receive such reports. (Sec. 4)
17. Specifies that the report to DHS and the family member or resident's representative must include any follow-up action the assisted living facility takes to prevent the incident from happening again. (Sec. 4)
18. Requires DHS to adopt rules for the implementation of the assisted living facility incident reporting requirements. (Sec. 8)
19. Requires the rules for assisted living facility incident reporting to include timelines for reports to DHS, the family member or resident's representative involved in any of the described incidents. (Sec. 8)
Duty to Report Abuse, Neglect and Exploitation of Vulnerable Adults
20. Requires the DHS Director and the Arizona Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers (NCIA Board) to immediately report to APS information that a nursing care institution administrator's or assisted living facility manager's conduct may have resulted in abuse, neglect or exploitation of an adult in the nursing care institution or assisted living facility. (Sec. 3 and 5)
21. Requires the Director of the Arizona Health Care Cost Containment System and its contractors to immediately report to:
a) the NCIA Board information identifying that a nursing care institution administrator or an assisted living facility manager's conduct may be grounds for disciplinary action; and
b) DHS that an assisted living facility's conduct may be grounds for disciplinary action pursuant to DHS's requirements for health care institutions applicable to assisted living facilities. (Sec. 6)
22. Makes a DHS employee a mandatory reporter for abuse, neglect or exploitation of a vulnerable adult. (Sec. 7)
Miscellaneous
23. Defines the following terms:
a) assisted living facilities;
b) electronic monitoring device; and
c) serious injury or medical issue. (Sec. 2, 4 and 6)
24.
Makes technical and conforming
changes. (Sec. 1, 3 and 7)
25.
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28. HB 2653
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