Phoenix, Arizona
FINAL
REVISED
health care institutions;
licensure
Makes numerous changes to
the health care institution statutes.
The Department of Health
Services (DHS) is responsible for protecting the public’s health, safety and
welfare through licensing and regulating facilities that provide health care
services. These duties are carried out
by the Division of Assurance and Licensure Services (ALS), which is responsible
for providing accurate and accessible information to the public regarding the
quality of facilities. Currently, DHS
licenses 3,239 health care institutions, including assisted living facilities,
behavioral health facilities, child care facilities, long-term care facilities
and medical facilities.
In 1999, the Office of the
Auditor General (OAG), in a performance audit of ALS, recommended strengthening
DHS’ enforcement authority by increasing civil fine amounts and expanding the
use of civil fines against providers.
Additionally, the OAG recommended requiring all licensed health care
providers to post the availability of regulatory information and make this
information available in an area readily accessible to all consumers. S.B. 1311 implements the OAG recommendations
by increasing civil penalties for violations of regulations for health care
institutions and requiring institutions to post a notice identifying where
inspection reports are available for public review.
1. Defines “licensed capacity" as the total number of persons who are expected to stay in a health care institution for more than 24 hours and for whom the health care institution is authorized to provide services.
2. Specifies “licensed capacity” for a hospital only includes the beds specified on a hospital license.
3. Clarifies all fees collected from health care institutions are nonrefundable.
4. Clarifies fees are due for initial licensure and licensure renewal.
5. Exempts adult foster care residential settings and state agencies that operate a licensed health care institution from licensure fee requirements.
6. Requires a licensed health care institution to maintain DHS inspection reports at the institution and conspicuously post a notice identifying where the reports are available for review.
7. Stipulates inspection reports are subject to statutory confidentiality requirements relating to hospital and surgical center utilization reviews, peer reviews and patient treatment records and communications.
8. Outlines the criteria DHS must consider in determining a civil penalty against a health care institution.
9. Increases, from $300 to $500, the maximum civil penalty DHS may assess against a health care institution.
10. Requires DHS to transmit monies generated from fines to the state general fund.
11. Makes numerous conforming and technical changes.
12. Provides for a general effective date.
Amendments Adopted by Committee
Modifies the definition of “licensed capacity.”
Amendments Adopted by Committee of the Whole
Requires DHS to report the plan for use of the fund monies to JLBC.
Amendments Adopted by the House of Representatives
1. Eliminates the health care institution emergency revolving fund.
2. Eliminates the authority of DHS to use monies in the fund for either the relocation of residents from closed facilities, to maintain a facility pending closure or to correct facility deficiencies.
3. Requires DHS to transmit monies generated from fines to the state general fund.
Senate Action House Action
HEA 2/20/01 DPA 8-0-0-0 HEA 4/2/01 DPA 10-0
APPROP 3/6/01 DPA 10-0-2-0 3rd Read 4/26/01 55-0-5
3rd Read 3/20/01 30-0-0-0
Final Read 5/1/01 29-0-1
Signed by the Governor 5/4/01
Chapter 322
Prepared by Senate Staff
May 16, 2001