ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: HHS DP 11-1-0-0

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HB 2785: health care facilities; electronic monitoring

Sponsor: Representative Nguyen, LD 1

House Engrossed

Overview

Implements prohibitions for assisted living facilities and nursing care institutions regarding the use of electronic monitoring devices by residents or potential residents.

History

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).

Under current law, the Department of Health Services (DHS) is responsible for the licensure and regulation of Arizona health care institutions. These institutions are defined as every place, institution, building or agency, whether organized for profit or not, that provides facilities with medical, nursing, behavioral health, health screening, supervisory care, personal care, directed care or any other health-related services, including home health agencies, outdoor behavioral health care programs and hospice service agencies (A.R.S. § 36-401).

Provisions

1. Prohibits assisted living facilities and nursing care institutions from:

a) forbidding a current or potential resident from installing and using electronic monitoring in the resident's room;

b) removing a current resident or refusing to admit a potential resident, discriminating or retaliating against a resident or potential resident because of their decision to conduct electronic monitoring in their private living space; or

c) retaliating or discriminating against any resident for consenting or refusing to consent to electronic monitoring. (Sec. 1)

2. Allows DHS to assess a civil penalty against an assisted living facility or nursing care institution that violates these prohibitions. (Sec. 1)

3. Defines the following terms:

a) electronic monitoring;

b) electronic monitoring device; and

c) resident. (Sec. 1)

d)

e)

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g)                         HB 2785

h) Initials AG     Page 0 House Engrossed

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