Assigned to HHS & JUD FOR
COMMITTEE
Assigned to HHS & JUD FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
certificates of necessity; hearings; duration
Purpose
Limits the number of days a Certificate of Necessity (CON) hearing may last, unless otherwise determined by an administrative law judge
Background
A CON is issued by the Department of Health Services (DHS) to an individual that operates an ambulance service. The Director of DHS is required to issue a CON if all of the following apply: 1) the ambulance service has at least one ambulance registered by DHS; 2) public necessity requires the service or any part of the proposed service; 3) the applicant is fit and proper to provide the service; and 4) the appropriate fees and bonds have been paid and filed (A.R.S. § 36-2233).
The Director of DHS is required to hold a public hearing on any proposed action related to rates, fares, charges, operating or response times, bases of operation or CONs. The Director of DHS is required to mail a notice of the hearing to every ambulance service in the affected area no more than 15 days before the hearing. Other persons determined to be interested in the hearing may also be mailed a notice (A.R.S. § 36-2234).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a CON hearing from lasting more than 10 days unless the administrative law judge determines, in writing, on the final day that there is an extraordinary need for additional hearing days.
2. Defines hearing day as any portion of a business day that is used for any hearing-related activity, including testimony, argument or presentation of evidence.
3. Makes technical changes.
4. Becomes effective on the general effective date.
House Action
HEALTH 2/08/18 DP 9-0-0-0
3rd Read 2/21/18 60-0-0
Prepared by Senate Research
March 9, 2018
CRS/JN/lat