Bill Text: AZ HB2163 | 2023 | Fifty-sixth Legislature 1st Regular | Introduced
Bill Title: Health care institutions; civil penalties
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2023-01-18 - House read second time [HB2163 Detail]
Download: Arizona-2023-HB2163-Introduced.html
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REFERENCE TITLE: health care institutions; civil penalties |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2163 |
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Introduced by Representatives Schwiebert: Gutierrez, Stahl Hamilton, Senator Epstein
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An Act
amending section 36-431.01, Arizona Revised Statutes; relating to health care institutions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-431.01, Arizona Revised Statutes, is amended to read:
36-431.01. Violations; civil penalties; enforcement
A. The director may assess a civil penalty against a person who violates this chapter or a rule adopted pursuant to this chapter in an amount of not to exceed five hundred dollars more than $1,000 for each violation. Each day that a violation occurs constitutes a separate violation.
B. The director may issue a notice of assessment that shall include the proposed amount of the assessment. A person may appeal the assessment by requesting a hearing pursuant to title 41, chapter 6, article 10. When an assessment is appealed, the director shall take no further action to enforce and collect the assessment until after the hearing.
C. In determining the amount of the civil penalty pursuant to subsection A of this section, the department shall consider the following:
1. Repeated violations of statutes or rules.
2. Patterns of noncompliance.
3. Types of violations.
4. Severity of violations.
5. Potential for and occurrences of actual harm.
6. Threats to health and safety.
7. Number of persons affected by the violations.
8. Number of violations.
9. Size of the facility.
10. Length of time that the violations have been occurring.
D. Pursuant to interagency agreement specified in section 36-409, the director may assess a civil penalty, including interest, in accordance with 42 United States Code section 1396r. A person may appeal this assessment by requesting a hearing before the director in accordance with subsection B of this section. Civil penalty amounts may be established by rules adopted by the director that conform to guidelines or regulations adopted by the secretary of the United States department of health and human services pursuant to 42 United States Code section 1396r.
E. Actions to enforce the collection of penalties assessed pursuant to subsections A and D of this section shall be brought by the attorney general or the county attorney in the name of the state in the justice court or the superior court in the county in which the violation occurred.
F. Penalties assessed under subsection D of this section are in addition to and not in limitation of other penalties imposed pursuant to this chapter. All civil penalties and interest assessed pursuant to subsection D of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the nursing care institution resident protection revolving fund established by section 36-431.02. The director shall use these monies for the purposes prescribed by 42 United States Code section 1396r, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of the deficiencies or closure and reimbursement of residents for personal monies lost.
G. The department shall transmit deposit penalties assessed under subsection A of this section to in the state general fund.
