HB 2195 — nursing facilities; records; surveys; timelines

HouseSenate Engrossed House Bill nursing facilities;

timelines State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session CHAPTER 85 HOUSE BILL 2195 AN ACT AMENDING SECTION 36-406, ARIZONA REVISED STATUTES;

AMENDING TITLE 36, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES, BY ADDING SECTIONSECTIONS 36-447.03;36-447.03 AND 36-447.04;

(TEXT OF BILL BEGINS ON NEXT PAGE)PAG - i - H.B.

Title 36, chapter 4, article 7, Arizona Revised Statutes, is amended by adding sectionsections 36-447.03,36-447.03 and 36-447.04, to read:

BEGINNING JULY 1, 2027, THE DEPARTMENT SHALL ISSUE ANY STATEMENT OF DEFICIENCIES TO A NURSING CARE INSTITUTION WITHIN TEN BUSINESS DAYS AFTER COMPLETING THE STATE SURVEY.

NOTWITHSTANDING THE DATE THAT THE STATEMENT OF DEFICIENCIES IS ISSUED, THE NURSING CARE INSTITUTION SHALL COMPLY WITH THE STATEMENT OF DEFICIENCIES AND SUBMIT A PLAN OF CORRECTION TO THE DEPARTMENT.

THEIN DEPARTMENTCONDUCTING MAY NOT INITIATE A COMPLAINTCOMPLIANCE INVESTIGATIONINSPECTION RELATINGOR TOINITIAL ACOMPLAINT NURSINGINVESTIGATION, CARETHE INSTITUTIONDEPARTMENT MOREMAY THANNOT TWELVECONSIDER MONTHSOR AFTERINVESTIGATE THEANY ALLEGED BASISVIOLATION OFTHAT THE INCIDENT OCCURRED UNLESSMORE THETHAN COMPLAINTTWELVE INVOLVESMONTHS ALLEGATIONSBEFORE OFTHE CRIMINALDATE ABUSETHAT ORTHE NEGLECTCOMPLAINT ANDWAS ASUBMITTED FAILURE BY A PERSON WHO HAS A DUTY TO REPORT THE POSSIBLEDEPARTMENT. ABUSE OR NEGLECT PURSUANT TO SECTION 13-3620 OR 46-454.

IF RECORDS THAT ARE MAINTAINED PURSUANT TO ARTICLE 4 OF THIS CHAPTER HAVE BEEN LAWFULLY DESTROYED PURSUANT TO RETENTION REQUIREMENTS, THE DEPARTMENT MAY NOT CITE THE LICENSEE FOR FAILURE TO PRODUCE THE RECORDS FOR AN INVESTIGATION INITIATED MORE THAN TWELVE MONTHS AFTER THE ALLEGED BASIS OF THE INCIDENT OCCURRED.

THE DEPARTMENT MAY INITIATE A COMPLAINT INVESTIGATION FOR INCIDENTS THAT OCCURRED MORE THAN TWELVE MONTHS BEFORE THE DATE THE COMPLAINT WAS SUBMITTED IF THE COMPLAINT INVOLVES AN ALLEGATION OF ABUSE AS DEFINED IN SECTION 13-3623.

D.

IF RECORDS THAT ARE MAINTAINED PURSUANT TO ARTICLE 4 OF THIS CHAPTER HAVE BEEN LAWFULLY DESTROYED PURSUANT TO RETENTION REQUIREMENTS, THE DEPARTMENT MAY NOT CITE THE LICENSEE FOR FAILURE TO PRODUCE THE - 2 - H.B.

2195 RECORDS FOR AN INVESTIGATION INITIATED MORE THAN TWELVE MONTHS AFTER THE ALLEGED BASIS OF THE INCIDENT OCCURRED.

E.

-36-447.04. 2 - H.B.

2195Off-site Sec.preliminary reviews;

compliance inspections;

complaint investigations THE DEPARTMENT MAY CONDUCT AN OFF-SITE PRELIMINARY REVIEW OF A COMPLAINT OR SELF-REPORT USING WRITTEN OR VERBAL COMMUNICATIONS OR DOCUMENTATION FROM THE LICENSEE TO DETERMINE WHETHER AN ON-SITE COMPLIANCE INSPECTION OR COMPLAINT INVESTIGATION IS NECESSARY.

IF THE REVIEW CONFIRMS THAT THE LICENSEE HAS IMPLEMENTED SYSTEMS AND PROCESSES THAT MAKE FURTHER VIOLATIONS UNLIKELY AND THE LICENSEE PROVIDES SUFFICIENT EVIDENCE OF COMPLIANCE, THE DEPARTMENT SHALL CLOSE THE COMPLAINT AND NO FURTHER INVESTIGATION IS REQUIRED.

Sec.

G.- 3 - H.B.

2195 G.

-APPROVED 3BY -THE GOVERNOR JUNE 4, 2026.

FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 5, 2026.

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