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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
nursing care; assisted living; continuation
Purpose
Continues the Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers (NCIA Board) for eight years. Requires, by June 15, 2026, the NCIA Board, the Department of Health Services (DHS) and the Arizona Health Care Cost Containment System (AHCCCS) to collaborate on updating training standards and programs for caregivers, assisted living facility managers and nursing care institution administrators.
Background
The NCIA Board
regulates nursing care institution administrators and assisted living facility
managers in Arizona. NCIA Board duties include: 1) adopting rules for licensing
and certifying qualified applicants; 2) conducting examinations to determine
applicant qualification; 3) adopting application, certification and examination
fees; 4) conducting investigations or administrative hearings in response to
complaints; 5) prescribing standards for assisted living facility training
programs; 6) meeting biannually; and 7) reporting to the Legislature (A.R.S.
§ 36-446.03).
The NCIA Board consists of 11 members appointed by the Governor, including: 1) one administrator who holds an active license in nursing care institution administration; 2) one manager who holds an active license in assisted living facility management; 3) one administrator of a nonprofit or faith-based skilled nursing facility; 4) one administrator of a proprietary skilled nursing facility; 5) two managers of an assisted living center; 6) one manager of an assisted living home; 7) two public members who are not affiliated with a nursing care institution or an assisted living facility; 8) one public member who represents an organization that advocates for the elderly; and 9) one person who is a family member of a resident in either a skilled nursing facility or an assisted living facility at the time the person is appointed. Members are appointed to two-year terms for members not affiliated with a nursing care institution or an assisted living facility, and three-year terms for members who are administrators of a nursing care institution or the manager of an assisted living facility. Active members may not serve on any other regulatory board relating to long-term care or serve more than two consecutive terms (A.R.S. § 36-446.02).
The Senate Health and Human Services Committee of Reference (COR) held a public meeting on January 11, 2024, to review and evaluate the NCIA Board's response to the sunset review factors and receive public testimony. The COR recommended that the NCIA Board be continued for eight years until July 1, 2032 (COR Report). The NCIA Board is set to terminate on July 1, 2024, unless continued by the Legislature (A.R.S. § 41-3024.03).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Continues, retroactive to July 1, 2024, the NCIA Board until July 1, 2032.
2. Repeals the NCIA Board on January 1, 2033.
3. Requires, by June 15, 2026, the NCIA Board, DHS and AHCCCS to:
a) collaborate to update training programs, oversight and standards for caregivers, assisted living facility managers and nursing care institution administrators;
b) form an advisory workgroup to inform the NCIA Board's and agencies' efforts; and
c) recommend the appropriate board or agency to oversee the training standards, program approval, program oversight and implementation date.
4. Contains a purpose statement.
5. Becomes effective on the general effective date, with a retroactive provision as noted.
Amendments Adopted by Committee of the Whole
· Requires, by June 15, 2026, the NCIA Board, DHS and AHCCCS to:
a) collaborate to update training programs, oversight and standards for caregivers, assisted living facility managers and nursing care institution administrators;
b) form an advisory workgroup to inform the NCIA Board's and agencies' efforts; and
c) recommend the appropriate board or agency to oversee the training standards, program approval, program oversight and implementation date.
Senate Action
HHS 2/20/24 DP 7-0-0
Prepared by Senate Research
March 5, 2024
MM/DM/slp