PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2254
(Reference to printed bill)
Strike everything after the enacting clause and
insert:
"Section 1. Title 36, Arizona Revised Statutes, is amended by adding chapter 38, to read:
CHAPTER 38
ASSISTED LIVING FACILITY REFERRAL AGENCIES
ARTICLE 1. GENERAL PROVISIONS
36-3801. Definitions
In this article, unless
the context otherwise requires:
1. "administrator"
means a person who is responsible for the general administration of a referral
agency.
2. "ASSISTED
LIVING FACILITY" HAS THE SAME MEANING PRESCRIBED IN SECTION 36-401.
3. "board"
means the board of EXAMINERS OF nursing CARE INSTITUTION ADMINISTRATORS AND
ASSISTED LIVING FACILITY MANAGERS established by section 36‑446.02.
4. "CLIENT"
MEANS A PERSON WHO IS SEEKING PLACEMENT IN A licensed ASSISTED LIVING FACILITY.
5. "contract"
means a signed agreement that is between the REFERRAL agency and the entity or
person who pays a REFERRAL fee and that includes a fee amount and refund
policy.
6. "Referral
agency" means a business that FOR A FEE provides REFERRALS TO CLIENTS FOR
ASSISTED LIVING FACILITY PLACEMENT AS PRESCRIBED BY THIS ARTICLE.
7. "Referral
agent" means an employee of a referral agency who refers clients to
licensed assisted living facilities.
8. "Sponsoring
referral agency" means an agency that is compensated for moving a client
into aN ASSISTED LIVING FACILITY.
36-3802.||Duties of the board; advisory committee
A. THe board
shall:
1. Adopt
rules to enforce this article.
2. Appoint
an advisory committee to assist the board to develop rules to enforce this article.
3. Prescribe
minimum certification requirements for administrators and referral agents and
minimum licensure requirements for referral agencies.
4. Issue
certificates to administrators and referral agents who meet the qualifications
prescribed by the board and this article.
5. Issue
licenses to referral agencies that meet the qualifications prescribed by the
board and this article.
6. Pursuant
to sections 35-146 and 35-147, deposit ten per cent of all monies collected
pursuant to this article in the state general fund and deposit the remaining
ninety per cent in the nursing care institution administrators' licensing and
assisted living facility managers' certification fund established by section
36-446.08.
7. prescribe
continuing education requirements for administrators and referral agents.
8. establish
a grievance and complaint procedure.
9. establish
recommended guidelines on fee structures, fee refund policies and client
SERVICE AGREEMENTS.
10. Prescribe
minimum training requirements for administrators and referral agents and ADOPT
a training program based on these requirements.
B. The
advisory committee shall include the following members:
1. A client
or the client's representative.
2. A member
of the advisory council on AGING established by section 46‑183.
3. A manager
of an assisted living facility.
4. three
referral agents certified pursuant to this article.
5. a health
care professional who is not associated with a referral agency.
6. One
member of the board of examiners of nursing care institution administrators and
assisted living facility managers.
C. advisory Committee members serve at the pleasure of the board. Committee members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
36-3803. Certification; qualifications; application
A. An
applicant for certification as a referral agent or administrator shall:
1. Submit an
application form as prescribed by the board.
2. Submit an
application fee as prescribed by the board.
3. Submit a
full set of fingerprints to the board.
4. Meet the
minimum certification requirements prescribed by the board and this article.
5. be at
least twenty-one years of age.
6. Submit
proof of professional liability insurance as required by the board.
7. submit
proof of minimum experience in a health related field as prescribed by the
board.
B. An
applicant for certification renewal shall:
1. Submit a
renewal fee prescribed by the board.
2. If an
administrator, complete at least twenty-four hours of continuing education
within the preceding certification period.
3. If a
referral agent, complete at least twelve hours of continuing education within
the preceding certification period.
C. An applicant for certification as a referral agency administrator is not required to submit a separate application or fee for certification as a referral agent. Certification as a referral agency administrator allows the certificate holder to practice as a referral agent.
36-3804. Licensure of referral agencies
An applicant for
licensure as a referral agency shall:
1. submit an
application form as prescribed by the board.
2. submit an
application fee as prescribed by the board.
3. meet the
minimum licensure requirements prescribed by the board and this article.
4. provide
the agency's business address.
5. certify
that the ADMINISTRATOR and its agents are certified pursuant to this article.
6. submit
proof of adequate professional liability insurance as required by the board.
7. Submit a
full set of fingerprints to the board.
36-3805. Fingerprinting of administrators and agents; requirements
A. As a
condition of certification or licensure, applicants shall submit a full set of
fingerprints to the board with the application for certification or licensure
for the purpose of obtaining a state and federal criminal records check
pursuant to section 41-1750 and public law 92‑544. The department
of public safety may exchange this fingerprint data with the federal bureau of
investigation. The application fee
shall include the cost to this state of conducting the fingerprint check.
B. Applicants shall certify on the application form that they are not awaiting trial on and have never been convicted of any felony or any misdemeanor involving moral turpitude or an incapacitated or vulnerable adult.
36-3806.||Referral agencies; operational requirements
A. Each
referral agency shall be licensed and shall be operated by one administrator
who is certified pursuant to this article and who provides full-time
supervision to the AGENCY'S referral agents.
B. AN
administrator certified pursuant to this article may not administer more than
one referral agency.
C. A referral agency must notify the board in writing at least thirty days before any change in its ownership or administration. The new owner must comply with the certification requirements of this article.
36-3807.||Referral agencies; duties
a. before a
referral agency may place a client, it must complete a written assessment of
the CLIENT'S medical, physical, psychosocial and financial status and provide a
copy of this assessment to the assisted living facility and the client or the
client's representative.
b. a
referral agency must provide a service agreement to the client or the client's
representative. The service agreement
must clearly describe the services that the referral agency will provide, the
agency's source of payment and, if requested by the client or the client's
representative, the amount paid to the agency.
c. a referral agency must report any situation that endangers the health or safety of a client.
36-3808.||Unlawful acts; violation; classification
A. It is
unlawful to do any of the following:
1. claim to
be a licensed referral agency, a certified administrator or a certified
referral agent unless that person is certified pursuant to this article.
2. commit any act of Dishonesty, fraud, incompetency or gross negligence in the performance of administrative or employment duties.
3. Receive remuneration of any kind from a nursing care institution.
4. Violate this article or rules adopted pursuant to this article.
5. In relation to a referral agency, refer a client to an unlicensed assisted living facility.
6. In
relation to a referral agency or a sponsoring referral agency, receive more
than one referral fee for a client within six months after the initial
placement of that client.
7. Not
disclose a conflict of interest to a client or the client's representative.
8. Charge a client more than the published fee.
9. in
relation to a referral agency, accept fees or an incentive from any assisted
living facility owner, manager or employee beyond those fees stated in the contract
between the REFERRAL agency and the person or agency that pays the fee.
10. in
relation to a referral AGENCY, engage in fee splitting or to give incentives or
payments to any employee whose job or duties require the employee to make
referrals for prospective residents.
11. In
relation to a referral agency, engage in fee splitting or to give incentives or
PAYMENTS to a client or prospective resident.
12. in
relation to an owner, administrator or employee of a referral agency, RECEIVE a
fee for placing a client in an assisted living facility owned by that person.
B. A person who violates this section is guilty of a class 2 misdemeanor.
36-3809.||Disciplinary actions; hearings; letters of concern; civil penalties
A. The board
shall investigate any information that appears to show that a certificate
holder or licensee is in violation of this article or rules adopted pursuant to
this article. The board shall notify the certificate holder or
licensee about whom information is received as to the content of the
information within thirty days after the board receives this information. Any person who reports or provides
information to the board in good faith regarding a possible violation of this
article is immune from civil liability.
The board shall not disclose that PERSON'S name unless the PERSON'S
testimony is essential to the disciplinary proceedings conducted pursuant to
this section.
B. The board
may deny, revoke or suspend a certificate or license or impose a civil penalty
if the board determines that a person has violated this article or a rule
adopted pursuant to this article.
C. A hearing
to revoke or suspend a certificate or license or to impose a civil penalty
shall be held pursuant to title 41, chapter 6, article 10.
d. The board
shall issue a letter of concern to notify a certificate holder or licensee
that, while there is insufficient evidence to support disciplinary action, the
board believes the certificate holder or licensee should modify or eliminate
certain practices.
e. The board shall impose a civil penalty of not more than one thousand dollars for a violation of this article or a rule adopted pursuant to this article. The attorney general and the county attorney may bring an action in the name of this state to enforce civil penalties imposed pursuant to this subsection.
36-3810.||Fees
A. The board
shall establish fees that do not exceed the following:
1. For
initial application for licensure or certification, one hundred dollars.
2. For
initial licensure of a referral agency, one hundred dollars.
3. For
initial certification as a referral agency, one hundred dollars.
4. For
biennial renewal of a license, three hundred dollars.
5. for
biennial renewal of a certificate, three hundred dollars.
6. For a
duplicate license or certificate, fifty dollars.
7. For late
renewal of a license, fifty dollars.
8. For late
renewal of a certificate, fifty dollars.
9. For
certifying licensure or certification status, ten dollars.
10. For
reviewing referral training programs, TWENTY dollars.
B. All fees
are nonrefundable.
C. The board
shall prorate fees for initial licensure or certification on a monthly basis.
36-3811.||Program termination
The program established
by this article ends on July 1, 2011 pursuant to section 41-3102.
Sec.|2. Requirements for enactment; two-thirds vote
Pursuant to article IX, section 22, Constitution of Arizona, this act is effective only on the affirmative vote of at least two-thirds of the members of each house of the legislature and is effective immediately on the signature of the governor or, if the governor vetoes this act, on the subsequent affirmative vote of at least three-fourths of the members of each house of the legislature."