REFERENCE TITLE: assisted living facilities; ownership; employees

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

HB 2315

Introduced by

Representatives Contreras P: Austin, Schwiebert, Seaman, Stahl Hamilton, Sun, Villegas

An Act

amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding sections 36-420.05 and 36-420.06; 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 sections 36-420.05 and 36-420.06, to read:

START_STATUTE36-420.05. Assisted living facilities; legal action; licensure; change of ownership

A. The department may not act on an application for licensure of a currently licensed assisted living facility while any enforcement or court action related to the assisted living facility is pending against that assisted living facility'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 assisted living facility is in the process of being sold or transferred to a new owner.  If an assisted living facility is sold or transferred to a new owner, the new owner shall retain all documentation relating to the assisted living facility's operation and directly relating to residents for at least six years.

C. The department may not approve a change in assisted living facility ownership unless the department determines that all persons and entities previously holding legal or equitable interests in the assisted living facility have fully divested all such interests. END_STATUTE

START_STATUTE36-420.06. Assisted living facilities; registry check; hiring; prohibition; violations; civil penalty

A. An assisted living facility shall conduct an adult protective services registry check on prospective and current employees as prescribed by the department. The assisted living facility shall maintain documentation on each adult protective services registry check completed.

b. An assisted living facility may not hire an individual who is listed on the adult protective services registry pursuant to section 46-459.

C. The department shall assess a civil penalty of at least $5,000 for each violation against an assisted living facility that does not conduct adult protective services registry checks as prescribed in subsection A of this section and rules adopted by the department. END_STATUTE

Sec. 2. Exemption from rulemaking

Notwithstanding any other law, for the purposes of section 36-420.06, Arizona Revised Statutes, as added by this act, the department of health services is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.