36-401. Definitions; adult foster care
A. In this chapter, unless the context otherwise requires:
1. "Accredited health care institution" means a health care institution, other than
a hospital, that is currently accredited by a nationally recognized accreditation
organization.
2. "Accredited hospital" means a hospital that is currently accredited by a
nationally recognized organization on hospital accreditation.
3. "Adult day health care facility" means a facility that provides adult day health
services during a portion of a continuous twenty-four hour period for compensation on a
regular basis for five or more adults not related to the proprietor.
4. "Adult day health services" means a program that provides planned care
supervision and activities, personal care, personal living skills training, meals and
health monitoring in a group setting during a portion of a continuous twenty-four hour
period. Adult day health services may also include preventive, therapeutic and
restorative health-related services that do not include behavioral health services.
5. "Adult foster care home" means a residential setting that provides room and
board and adult foster care services for at least one and no more than four adults who
are participants in the Arizona long-term care system pursuant to chapter 29, article 2
of this title and in which the sponsor or the manager resides with the residents and
integrates the residents who are receiving adult foster care into that person's family.
6. "Adult foster care services" means supervision, assistance with eating, bathing,
toileting, dressing, self-medication and other routines of daily living or services
authorized by section 36-2939, subsection C and rules adopted pursuant to that section.
7. "Assisted living center" means an assisted living facility that provides
resident rooms or residential units to eleven or more residents.
8. "Assisted living facility" means a residential care institution, including an
adult foster care home, that provides or contracts to provide supervisory care services,
personal care services or directed care services on a continuous basis.
9. "Assisted living home" means an assisted living facility that provides resident
rooms to ten or fewer residents.
10. "Construction" means the building, erection, fabrication or installation of a
health care institution.
11. "Continuous" means available at all times without cessation, break or
interruption.
12. "Controlling person" means a person who:
(a) Through ownership, has the power to vote at least ten per cent of the
outstanding voting securities.
(b) If the applicant or licensee is a partnership, is the general partner or a
limited partner who holds at least ten per cent of the voting rights of the partnership.
(c) If the applicant or licensee is a corporation, an association or a limited
liability company, is the president, the chief executive officer, the incorporator or any
person who owns or controls at least ten per cent of the voting securities. For the
purposes of this subdivision, corporation does not include nonprofit corporations.
(d) Holds a beneficial interest in ten per cent or more of the liabilities of the
applicant or the licensee.
13. "Department" means the department of health services.
14. "Directed care services" means programs and services, including supervisory and
personal care services, that are provided to persons who are incapable of recognizing
danger, summoning assistance, expressing need or making basic care decisions.
15. "Direction" means authoritative policy or procedural guidance for the
accomplishment of a function or activity.
16. "Director" means the director of the department of health services.
17. "Facilities" means buildings that are used by a health care institution for
providing any of the types of services as defined in this chapter.
18. "Freestanding urgent care center":
(a) Means an outpatient treatment center that, regardless of its posted or
advertised name, meets any of the following requirements:
(i) Is open twenty-four hours a day, excluding at its option weekends or certain
holidays, but is not licensed as a hospital.
(ii) Claims to provide unscheduled medical services not otherwise routinely
available in primary care physician offices.
(iii) By its posted or advertised name, gives the impression to the public that it
provides medical care for urgent, immediate or emergency conditions.
(iv) Routinely provides ongoing unscheduled medical services for more than eight
consecutive hours for an individual patient.
(b) Does not include the following:
(i) A medical facility that is licensed under a hospital's license and that uses
the hospital's medical provider number.
(ii) A qualifying community health center pursuant to section 36-2907.06.
(iii) Any other health care institution licensed pursuant to this chapter.
(iv) A physician's office that offers extended hours or same day appointments to
existing and new patients and that does not meet the requirements of subdivision (a),
item (i), (iii) or (iv). For the purposes of this item, "physician" means a person
licensed pursuant to title 32, chapter 13 or 17.
19. "Governing authority" means the individual, agency, group or corporation,
appointed, elected or otherwise designated, in which the ultimate responsibility and
authority for the conduct of the health care institution are vested.
20. "Health care institution" means every place, institution, building or agency,
whether organized for profit or not, that provides facilities with medical services,
nursing services, health screening services, other health-related services, supervisory
care services, personal care services or directed care services and includes home health
agencies as defined in section 36-151, outdoor behavioral health care programs and
hospice service agencies.
21. "Health-related services" means services, other than medical, that pertain to
general supervision, protective, preventive and personal care services, supervisory care
services or directed care services.
22. "Health screening services" means the acquisition, analysis and delivery of
health-related data of individuals to aid in the determination of the need for medical
services.
23. "Hospice" means a hospice service agency or the provision of hospice services in
an inpatient facility.
24. "Hospice service" means a program of palliative and supportive care for
terminally ill persons and their families or caregivers.
25. "Hospice service agency" means an agency or organization, or a subdivision of
that agency or organization, that is engaged in providing hospice services at the place
of residence of its clients.
26. "Inpatient beds" or "resident beds" means accommodations with supporting
services, such as food, laundry and housekeeping, for patients or residents who generally
stay in excess of twenty-four hours.
27. "Licensed capacity" means the total number of persons for whom the health care
institution is authorized by the department to provide services as required pursuant to
this chapter if the person is expected to stay in the health care institution for more
than twenty-four hours. For a hospital, licensed capacity means only those beds specified
on the hospital license.
28. "Medical services" means the services that pertain to medical care and that are
performed at the direction of a physician on behalf of patients by physicians, dentists,
nurses and other professional and technical personnel.
29. "Modification" means the substantial improvement, enlargement, reduction or
alteration of or other change in a health care institution.
30. "Nonproprietary institution" means any health care institution that is organized
and operated exclusively for charitable purposes, no part of the net earnings of which
inures to the benefit of any private shareholder or individual, or that is operated by
the state or any political subdivision of the state.
31. "Nursing care institution" means a health care institution that provides
inpatient beds or resident beds and nursing services to persons who need continuous
nursing services but who do not require hospital care or direct daily care from a
physician.
32. "Nursing services" means those services that pertain to the curative,
restorative and preventive aspects of nursing care and that are performed at the
direction of a physician by or under the supervision of a registered nurse licensed in
this state.
33. "Organized medical staff" means a formal organization of physicians, and
dentists where appropriate, with the delegated authority and responsibility to maintain
proper standards of medical care and to plan for continued betterment of that care.
34. "Outdoor behavioral health care program" means an agency that provides
behavioral health services in an outdoor environment as an alternative to behavioral
health services that are provided in a health care institution with facilities. Outdoor
behavioral health care programs do not include:
(a) Programs, facilities or activities that are operated by a government entity or
that are licensed by the department as a child care program pursuant to chapter 7.1 of
this title.
(b) Outdoor activities for youth that are designated to be primarily recreational
and that are organized by church groups, scouting organizations or similar groups.
(c) Outdoor youth programs licensed by the department of economic security.
35. "Personal care services" means assistance with activities of daily living that
can be performed by persons without professional skills or professional training and
includes the coordination or provision of intermittent nursing services and the
administration of medications and treatments by a nurse who is licensed pursuant to title
32, chapter 15 or as otherwise provided by law.
36. "Physician" means any person who is licensed pursuant to title 32, chapter 13 or
17.
37. "Residential care institution" means a health care institution other than a
hospital or a nursing care institution that provides resident beds or residential units,
supervisory care services, personal care services, directed care services or
health-related services for persons who do not need continuous nursing services.
38. "Residential unit" means a private apartment, unless otherwise requested by a
resident, that includes a living and sleeping space, kitchen area, private bathroom and
storage area.
39. "Respite care services" means services that are provided by a licensed health
care institution to persons otherwise cared for in foster homes and in private homes to
provide an interval of rest or relief of not more than thirty days to operators of foster
homes or to family members.
40. "Substantial compliance" means that the nature or number of violations revealed
by any type of inspection or investigation of a health care institution does not pose a
direct risk to the life, health or safety of patients or residents.
41. "Supervision" means direct overseeing and inspection of the act of accomplishing
a function or activity.
42. "Supervisory care services" means general supervision, including daily awareness
of resident functioning and continuing needs, the ability to intervene in a crisis and
assistance in the self-administration of prescribed medications.
43. "Temporary license" means a license issued by the department to operate a class
or subclass of a health care institution at a specific location that is valid until an
initial licensing inspection.
44. "Unscheduled medical services" means medically necessary periodic health care
services that are unanticipated or cannot reasonably be anticipated and that require
medical evaluation or treatment before the next business day.
B. If there are fewer than four Arizona long-term care system participants
receiving adult foster care in an adult foster care home, nonparticipating adults may
receive other types of services that are authorized by law to be provided in the adult
foster care home as long as the number of adults served, including the Arizona long-term
care system participants, does not exceed four.
C. Nursing care services may be provided by the adult foster care licensee if the
licensee is a nurse who is licensed pursuant to title 32, chapter 15 and the services are
limited to those allowed pursuant to law. The licensee shall keep a record of nursing
services rendered.
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