HB 2290 — health care institutions; accreditation; inspections.

HB2290 - 551R - IH Ver       REFERENCEHouse TITLE:Engrossed health care institutions;

health care institutions;

        State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session       HBHOUSE BILL 2290   Introduced  by  RepresentativesAN Osborne:ACT   amending section 36-424, Arizona Revised Statutes;

Chaplik, Dunn, Longdon     AN ACT   amending section 36‑424, Arizona Revised Statutes;

Section 1.  SectionSection 1. 36-424, Arizona Revised Statutes, is amended to read:

START_STATUTE36-424.  Inspections;Section 36-424, Arizona Revised Statutes, is amended to read:

START_STATUTE36-424.

Inspections;

report to board of examiners of nursing care institution administrators and assisted living facility managers A.  SubjectA. to the limit prescribed by except as provided in subsection B of this section, the director shall inspect the premises of the health care institution and investigate the character and other qualifications of the applicant to ascertain whether the applicant and the health care institution are in substantial compliance with the requirements of this chapter and the rules established pursuant to this chapter.  The director may prescribe rules regarding department background investigations into an applicant's character and qualifications.

B.  TheSubject directorto shallthe maylimit acceptprescribed proofby thatexcept aas healthprovided care institution is an accredited hospital or is an accredited health care institution in lieusubsection B of all compliance inspections required by this chaptersection, if the director receivesshall ainspect copy of the institution'spremises accreditationof report for the licensurehealth periodcare and the institution isand accreditedinvestigate by an independent, nonprofit accrediting organization approved by the secretarycharacter ofand theother Unitedqualifications States department of health and human services.  If the healthapplicant careto institution'sascertain accreditationwhether report is not valid for the entireapplicant licensureand period, the department may conduct a compliance inspection of the health care institution duringare thein timesubstantial periodcompliance thewith department does not have a valid accreditation report for the healthrequirements care institution.  For the purposes of this subsection,chapter eachand licensedthe premisesrules ofestablished apursuant healthto carethis institutionchapter. must have its own accreditation report.  The director may not accept an accreditation report in lieu of a compliance inspection of:

1.  An intermediate care facility for individuals with intellectual disabilities.  The director may acceptprescribe anrules accreditationregarding reportdepartment inbackground lieuinvestigations ofinto aan complianceapplicant's inspectioncharacter ofand aqualifications. behavioral health residential facility providing services to children only if both of the following apply:

1.  TheB. facility is accredited by an independent, nonprofit accrediting organization approved by the secretary of the United States department of health and human services.

2.  AThe director shall may accept proof that a health care institution ifis thean facilityaccredited hospital or is an accredited health care institution hasin notlieu beenof subjectall tocompliance aninspections enforcementrequired actionby pursuantthis tochapter sectionif 36‑427the ordirector 36‑431.01receives withina copy of the yearinstitution's precedingaccreditation report for the annuallicensure licensingperiod feeand anniversarythe date.institution is accredited by an independent, nonprofit accrediting organization approved by the secretary of the United States department of health and human services.

C.  OnIf a determination by the director that there is reasonable cause to believe a health care institutioninstitution's accreditation report is not adheringvalid tofor the licensingentire requirementslicensure ofperiod, this chapter, the directordepartment andmay anyconduct dulya designatedcompliance employeeinspection or agent of the director, including county health representatives and county or municipal fire inspectors, consistent with standard medical practices, may enter on and into the premises of any health care institution that is licensed or required to be licensed pursuant to this chapter at any reasonable time for the purpose of determining the state of compliance with this chapter, the rules adopted pursuant to this chapter and local fire ordinances or rules.  Any application for licensure under this chapter constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendencytime ofperiod the applicationdepartment and,does if licensed, during the term of the license.  If an inspection reveals that the health care institution is not adheringhave toa thevalid licensingaccreditation requirementsreport establishedfor pursuant to this chapter, the director may take action authorized by this chapter.  Any health care institution,institution. including an accredited hospital, whose license has been suspended or revoked in accordance with this section is subject to inspection on application for relicensure or reinstatement of license.

D.  TheFor directorthe shallpurposes immediatelyof reportthis tosubsection, theeach boardlicensed ofpremises examiners of nursinga health care institution administratorsmust andhave assistedits livingown facilityaccreditation managersreport.  informationThe identifyingdirector thatmay anot nursingaccept carean institutionaccreditation administrator'sreport conductin maylieu beof groundsa forcompliance disciplinaryinspection actionof: pursuant to section 36‑446.07.

1.

An intermediate care facility for individuals with intellectual disabilities.  The director may accept an accreditation report in lieu of a compliance inspection of a behavioral health residential facility providing services to children only if both of the following apply:

1.

The facility is accredited by an independent, nonprofit accrediting organization approved by the secretary of the United States department of health and human services.

2.

A health care institution if the facility health care institution has not been subject to an enforcement action pursuant to section 36-427 or 36-431.01 within the year preceding the annual licensing fee anniversary date.

C.

On a determination by the director that there is reasonable cause to believe a health care institution is not adhering to the licensing requirements of this chapter, the director and any duly designated employee or agent of the director, including county health representatives and county or municipal fire inspectors, consistent with standard medical practices, may enter on and into the premises of any health care institution that is licensed or required to be licensed pursuant to this chapter at any reasonable time for the purpose of determining the state of compliance with this chapter, the rules adopted pursuant to this chapter and local fire ordinances or rules.

Any application for licensure under this chapter constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the application and, if licensed, during the term of the license.

If an inspection reveals that the health care institution is not adhering to the licensing requirements established pursuant to this chapter, the director may take action authorized by this chapter.

Any health care institution, including an accredited hospital, whose license has been suspended or revoked in accordance with this section is subject to inspection on application for relicensure or reinstatement of license.

D.

The director shall immediately report to the board of examiners of nursing care institution administrators and assisted living facility managers information identifying that a nursing care institution administrator's conduct may be grounds for disciplinary action pursuant to section 36-446.07.