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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
health care facilities; electronic monitoring
Purpose
Prohibits assisted living facilities and nursing care institutions that receive public monies from restricting the use of electronic monitoring devices in a current or prospective resident's private living space or otherwise discriminating or retaliating against a resident for the use of electronic monitoring.
Background
The Department of Health Services (DHS) licenses and regulates long-term care facilities, including assisted living facilities, in Arizona. Long-term care facilities provide a variety of services, including medical and personal care, to individuals who are unable to live independently. This may include: 1) assisted living facilities, which are residential care institutions, including adult foster care homes, that provide or contract to provide supervisory care services, personal care services or directed care services on a continuous basis; and 2) nursing care institutions, which are healthcare institutions that provide inpatient or resident beds and nursing services to persons who need continuous nursing services but do not require hospital care or direct daily care from a physician (A.R.S. § 36-401).
The Director of DHS may assess a civil penalty of up to $1,000 for each violation of health care institution statutes, for every day a violation occurs. (A.R.S. § 36-431.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits an assisted living facility or nursing care institution from:
a) prohibiting 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, or discriminating or retaliating against a resident or potential resident, because of the decision to conduct electronic monitoring of the resident's private living space; and
c) retaliating or discriminating against any resident for consenting or refusing to consent to electronic monitoring.
2. Allows DHS to assess a civil penalty against any assisted living facility or nursing care institution that violates electronic monitoring requirements.
3. Defines electronic monitoring as the use of an electronic monitoring device in the room of a resident of a nursing care institution or assisted living facility to record or transmit sounds or activity to or for the resident, the resident's authorized representative or an authorized third party, including the tapes or recordings from the electronic monitoring device.
4. Defines electronic monitoring device as any device or technology that has a placed, fixed or otherwise installed location, that captures, records or broadcasts audio or video, or both, and that is used for electronic monitoring.
5. Defines resident as a person who resides in an assisted living facility or nursing care institution and whose services provided by the assisted living facility or nursing care institution are paid for, in whole or in part, using public monies.
6. Becomes effective on the general effective date.
House Action
HHS 2/17/25 DP 11-1-0-0
3rd Read 3/3/25 56-2-2
Prepared by Senate Research
March 24, 2025
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