Bill Text: AZ HB2111 | 2024 | Fifty-sixth Legislature 2nd Regular | Engrossed
Bill Title: Licensed facilities; transfer; sale; prohibition
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed) 2024-03-04 - Senate read second time [HB2111 Detail]
Download: Arizona-2024-HB2111-Engrossed.html
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House Engrossed
licensed facilities; transfer; sale; prohibition |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HOUSE BILL 2111 |
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An Act
amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding sections 36-420.05 and 36-420.06; amending title 36, chapter 18, article 4, Arizona Revised Statutes, by adding section 36-2068; relating to licensed facilities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding sections 36-420.05 and 36-420.06, to read:
36-420.05. Health care institutions; legal action; licensure; change of ownership
A. If the department determines patient safety may be in jeopardy due to the actions of a licensee, the department may deny a new application for licensure of a currently licensed health care institution while any enforcement or court action related to the licensure or operation of the health care institution is pending against that health care institution's current licensee.
B. The director may continue to pursue any court, administrative or enforcement action against a licensee described in subsection A of this section even if the health care institution is in the process of being sold or transferred to a new owner or has closed.
C. The department may deny the approval of a change in ownership of a currently licensed health care institution if the department determines that the transfer of ownership, whether involving a direct owner or indirect owner, may jeopardize patient safety. If the department approves a change of ownership of a currently licensed health care institution, any deficiency remaining transfers to the new owner but any fees or civil penalties associated with the deficiency remain the responsibility of the previous owner.
36-420.06. Assisted living facilities; registry check; hiring; prohibition; civil penalty
A. Each assisted living facility shall conduct an adult protective services registry check on prospective and current employees as prescribed by the department of economic security. The assisted living facility shall maintain documentation on each adult protective services registry check completed.
b. An assisted living facility may not hire an individual who is listed on the adult protective services registry maintained pursuant to section 46-459.
C. The department of health services shall assess a civil penalty of at least $1,000 for each violation by an assisted living facility that does not conduct an adult protective services registry check as prescribed in subsection A of this section and rules adopted by the department of economic security.
Sec. 2. Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding section 36-2068, to read:
36-2068. Sober living homes; legal action; licensure; change of ownership
A. The department may not act on an application for licensure of a currently licensed sober living home while any enforcement or court action related to the sober living home, including enforcement and court actions of a city, town or county that are reported to the department, is pending against that sober living home or the current licensee.
B. The director may continue to pursue any court, administrative or enforcement action against a licensee described in subsection A of this section even though the sober living home is in the process of being sold or transferred to a new owner.
C. The department may not approve a change in sober living home ownership unless the department determines that there has been a transfer of all legal and equitable interests, control and authority in the sober living home so that persons other than the transferring licensee, that licensee's agent or other parties exercising authority or supervision over the sober living home's daily operations or staff are responsible for and have control over the sober living home. If the department approves a change of ownership of a currently licensed sober living home, any deficiency remaining transfers to the new owner but any fees or civil penalties associated with the deficiency remain the responsibility of the previous owner.
