HB 2090 — hospitals; flu vaccines

HB2090 - 531R - HS Ver       HouseSenate Engrossed House Bill       State of Arizona House of Representatives Fifty-third Legislature First Regular Session     HOUSE BILL 2090       AN ACT   Amendingproviding sectionfor 36‑406,the Arizonaadoption Revisedby statutes;the state land department of licensing time frame rules.

relating to health care institutions.

Section 1.  SectionSection 1.  State 36-406,land Arizonadepartment; Revised Statutes, is amended to read:

START_STATUTE36-406.  Powersrulemaking; and duties of the department In addition to its other powers and duties:

1.  Thelicensing departmenttime shall:frames;

(a)  Administerdelayed andrepeal enforceA.  The thisstate chapterland anddepartment is an agency as defined in section 41‑1001, Arizona Revised Statutes, for the rules,purposes regulationsof andcomplying standardswith adoptedtitle pursuant41, theretochapter to6, thisarticle chapter.7.1, Arizona Revised Statutes.

(b)  Review,B.  The andstate mayland approve,commissioner plansshall: and specifications for construction or modification or additions to health care institutions regulated by this chapter.

(c)  Have1.  Adopt accesslicensing totime books,frame records,rules accountspursuant andto anytitle other41, informationchapter of6, anyarticle health7.1, careArizona institutionRevised reasonablyStatutes, necessaryincluding time frames for all applications that relate to the purposesselling, leasing, annexation, conveyance, exchange, right‑of‑way and use of thisstate chapter.lands or products of state lands that are managed by the state land department.

(d)  Require2.  File aswith athe conditionsecretary of licensurestate thata nursingnotice careof institutionsproposed andrulemaking assisted living facilities make vaccinations for influenza and pneumonia available to residents on site on‑site on a yearly basis.  The department shall prescribe the mannerrules required by in which the institutions and facilities shall document compliance with this subdivision,section including documenting residents who refuse to be immunized.  The department shall not impose a violation on aor licenseebefore forJanuary not1, making2018. a vaccination available This subdivision does not apply if there is a shortage of that vaccination vaccine in this state as determined by the director.

(e)  Monitor3.  Have thefinal centersrules for medicare and medicaid services hospital inpatient quality reporting and value based purchasing programs for changes to measures of timely and effective care that include offering the influenza vaccination and assessing the status of patients who are at least sixty‑five years of age.  If the centers for medicare and medicaid services no longer include the assessment of patients who are at least sixty‑five years of age and the offering of the influenza vaccination in theplace hospitalon quality programs, the department shall notify the chairperson of the house of representatives health committee and the chairperson of the senate health and human services committee, or theirbefore successorJune committees,30, in2018. order to consider whether a change in state law or rule to continue to require hospitals to assess patients who are at least sixty‑five years of age and offer the influenza vaccination is in the best interest of the public health.

2.  TheC.  This departmentsection may:is repealed from and after December 31, 2020.

(a)  Make or cause to be made inspections consistent with standard medical practice of every part of the premises of health care institutions which that are subject to the provisions of this chapter as well as those which that apply for or hold a license required by this chapter.

(b)  Make studies and investigations of conditions and problems in health care institutions, or any class or subclass thereof of health care institutions, as they relate to compliance with this chapter and rules, regulations and standards adopted pursuant thereto to this chapter.

(c)  Develop manuals and guides relating to any of the several aspects of physical facilities and operations of health care institutions or any class or subclass thereof of health care institutions for distribution to the governing authorities of health care institutions and to the general public.