TASA: Task Force Against Senior Abuse

TASA has supported the enactment of new laws in several areas:

Under Arizona law, a person may submit to the Secretary of State any of the following documents (and any revocations of such documents) for registration:

• health care power of attorney
• mental health care power of attorney
• living will

However, registration is not required and therefore does not affect such documents’ validity.

Once a document is registered, a digital reproduction of the document is entered into the health care directives registry database.

Previously, only the person who submitted the document or that person’s personal representative could access it through the registry.

The law supported by TASA – Arizona Revised Statutes (A.R.S) § 36-3295 – allows healthcare providers and first responders to access such documents in an emergency. This will permit them to know what health care directives to follow and therefore make it easier for them to respect people’s end-of-life care wishes.

Under Arizona law, home care services include each of the following:

• part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse
• physical, occupational, or speech therapy
• part-time or intermittent services of a home health aide
• medical social services under the direct supervision of a physician and surgeon
• medical supplies and the use of medical appliances
• medical services provided by an intern or resident-in-training of a teaching hospital

The new law supported by TASA – A.R.S. § 36-144 – requires home care service providers to provide annual disclosures to their clients and/or their clients’ designated family representative(s). Any business that provides home care services to clients in Arizona must provide in writing to those clients every year at least all of the following information:

a. whether criminal background checks have been performed on the employees or contractors who provide home care services and the policy of the business regarding the sending of employees or contractors who have a criminal history to clients’ homes

b. the name and position of the person who is responsible for the day-to-day management of the employees and contractors, for the hiring and firing of employees, and for the termination of contracts

c. a description of any required training for employees or contractors who provide home care services and whether the training includes first aid and cardiopulmonary resuscitation

d. a description of the home care services the business provides and the cost of each service

e. a description of the home care services agreements that the business uses and how such agreements may be terminated

 These provisions do not apply to the following:

• a volunteer organization, person, or family member who employs, recommends, refers, or provides home care services for one or more persons and who does not receive compensation or monetary benefit for the volunteer organization’s, person’s, or family member’s services beyond a nominal benefit or value
• an organization or individual licensed pursuant to Titles 32 or 36 to provide home care services
• an organization or individual who is contracted through the State of Arizona to provide home care services or who is contracted with an organization to provide home care services on behalf of the State of Arizona or the federal government

Under Arizona law, before a seller or solicitor may begin a solicitation or sales presentation over the telephone, the seller or solicitor must disclose to the consumer:

• the complete street address of the physical location from which the seller or solicitor is making the telephone solicitation and the complete street address of the seller’s principal location
• the legal name of the seller on whose behalf the solicitor is making the solicitation
• the solicitor’s true legal name
• that the purpose of the call is to sell merchandise

Under Arizona law, both during the solicitation or sales presentation over the telephone and in any written correspondence provided to the consumer as part of the solicitation, the seller or solicitor must disclose to the consumer:

• any charge, including the amount for the use of any premium being offered
• any material restriction, requirement, condition, limitation, or exception that is associated with the use of the premium
• any charge connected with the sale of merchandise
• the time period within which any premium will be delivered
• the consumer’s right to cancel the transaction up to midnight of the third business day (excluding both Sundays and holidays) after the receipt of the merchandise or premium, whichever is later

Under Arizona law, the telephone solicitation sale or sale of a business opportunity or merchandise related to a business opportunity becomes effective only if the consumer is advised both orally and in writing of the right of cancellation.

The law supported by TASA – A.R.S. § 44-1276.01 – requires sellers and solicitors to provide written disclosures to the consumer at least five days before the consumer executes a contract, receives anything of value, pays any money, or authorizes a credit or debit card charge.

The consumer must be sent a written notice that says the following in bold type:

Disclosures Required by Arizona Law

The information contained in this disclosure has not been verified by the state. If you have any questions about your purchase of this business opportunity, seek professional advice before you sign a contract or make any payment. You are to be provided five business days to review this document before signing a contract or making any payment to the seller or the seller’s representative.

This document must contain a very specific set of information.

The disclosure requirement applies no matter what method the seller uses to solicit the purchase: telephone, internet, mail, or door-to-door.

Yes. You may reach the TASA Helpline by dialing any of the following telephone numbers:

English: (602) 542-2124

Español: (602) 542-7918

Toll-free: (844) 894-4735