December 10, 2024
The Arizona Senate Health and Human Services Committee recently passed the “Long-Term Care; Enforcement; Memory Care” bill (HB2764). HB2764 now awaits the Senate’s vote and the Governor’s signature before it can become law.
HB2764 intends to improve regulations for some institutions serving the state’s vulnerable residents. For example, one regulation would increase inspections of covered healthcare facilities. These institutions include nursing homes, outpatient treatment clinics, assisted living centers, home health agencies, and behavioral health facilities.
Furthermore, HB2764 would strengthen home care background checks by amending current regulations to require them as a condition of licensure. This requirement would affect home health agencies and skilled nursing care institutions and be a condition of employment in specific areas. Those impacted by HB2764 include the following:
- A residential or nursing care institution,
- A home health agency,
- Employees, contracted employees, volunteers, and owners of residential care institutions,
- Home health agencies that provide medical services, nursing services, behavioral health services, health-related services, or direct supportive services
HB2764 also affects health professionals who do not need to meet a health professional’s regulatory board’s fingerprinting requirements under Title 32, which states, “[professionals] shall have a valid fingerprint clearance card… issued pursuant to Title 41, Chapter 12, Article 3.1.” Otherwise, the individual must apply for a fingerprint clearance card within the first 20 working days of employment, volunteer work, or contracted work.
It would also require residential care institutions, nursing care institutions, and home health agencies to verify that none of their potential employees are on the Adult Protective Services Registry. These institutions and agencies cannot hire anyone in this Registry under HB2764. They must also verify that none of their current employees appear on the Adult Protective Services Registry by March 31, 2025. HB2764 requires employers to terminate the employment of anyone found on this Registry by this deadline.
HB2764 states these agencies must “not allow an employee to continue employment or a volunteer or contracted person to continue to provide medical services, nursing services, behavioral health services, health-related services, home health services or direct supportive services if the person has been denied a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1, has been denied approval pursuant to this section before May 7, 2001, or has had a fingerprint clearance card suspended or revoked.”
However, the bill offers exemptions for rare cases. For example, individuals “eligible pursuant to section 41-1758.07, subsection C to petition the board of fingerprinting for a good cause exception and who provide documentation of having applied for a good cause exception pursuant to section 41-619.55 but who have not yet received a decision is exempt from the fingerprinting requirements of this section if [they] provide medical services, nursing services, behavioral health services, health-related services, home health services or direct supportive services to residents or patients while under the direct visual supervision of an owner or employee who has a valid fingerprint clearance card.” Individuals with a record of unemployment spanning six or more months must complete a new application with a new set of fingerprints and submit it to the Department of Public Safety.
There are significant penalties for violating healthcare institution rules or statutes. For example, the cap for civil penalties increased from $500 to $1,000 for each resident or patient. Furthermore, failure to pay civil fines or provider agreement fees on time can void a facility’s healthcare institution license.
The Arizona Department of Health Services (ADHS) can continue with enforcement actions even after the sale or closure of a facility or agency. In addition, pending enforcement actions can prevent new licenses if the ADHS has reason to believe there is a risk to patient safety, such as a change in ownership potentially jeopardizing patient safety. Because new rules, such as HB2764, make completing background screening more complicated, companies should frequently review their policies to ensure compliance with ever-changing regulations.
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