ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2802: ambulance services; service areas

Sponsor:  Representative Burges, LD 1

Committee on Health & Human Services

Overview

Modifies requirements for the Director (Director) of the Arizona Department of Health Services (DHS) regarding certificates of necessity for ambulance services.

History

Anyone who wishes to operate an ambulance service in Arizona must apply to DHS for a certificate of necessity. The Director is required to issue a certificate a necessity if all of the following apply: 1) the ambulance service has a certificate of registration issued by DHS for least one ambulance; 2) the Director finds that public necessity requires the service or any part of the service proposed by the applicant; 3) the Director finds that the applicant is fit and proper to provide the service; 4) the applicant has paid the appropriate fees; and 5) the applicant has filed a surety bond. (A.R.S. § 36-2233)

Statute requires there to be a public hearing on any proposed action related to rates, fares or charges, operating or response times, bases of operation or certificates of necessity. The public hearing must be held pursuant to statute relating to uniform administrative hearing procedures and the Director must mail notice of the hearing to every ambulance service in the affected region not later than 15 days before the hearing. The Director may waive a public hearing if notification, including a general description of the proposed action by DHS and the time and manner for any interested person to request a hearing, is given and all of the following apply: Notification of the proposed action has been sent to every ambulance service in the affected region not later than fifteen days before the action. (A.R.S. § 36-2234)

If the Director determines that there is an immediate need for service to one or more points or within an area lacking adequate ambulance service, the Director may, without a public hearing, grant an ambulance service temporary authority to provide the needed service. Under current law, the temporary authority is valid for the period specified by the Director, not to exceed 90 days and may not be renewed. (A.R.S. § 36-2242)

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires the Director to determine a separate set of response times of ambulances for each city, town or fire district within each certificate of necessity if the service area within the city, town or fire district includes a response area designated as urban or suburban. (Sec. 1)

2.   Instructs the Director, within 90 days after receiving a complete application for a certificate of necessity, to determine whether public necessity requires the proposed ambulance service in a service area or any part of a service area and if necessity for the ambulance service is found to exist and must issue a certificate of necessity to operate the ambulance service. (Sec. 2)

3.   Allows any certificate of necessity holder whose ambulance service area in whole or in apart is within the affected service area of the new ambulance service to appeal the Director's determination. (Sec. 2)

4.   Specifies that the Director must send notice of a hearing and of a proposed action to every interested party. (Sec. 3)

5.   States that a city, town or fire district whose jurisdictional boundaries in whole or in part are within a certificate of necessity is considered to be an interested party. (Sec. 3)

6.   Stipulates that, if a certificate of necessity is issued to a city, town or fire district or other political subdivision, the service area must be all the geographic area lying within the jurisdictional boundaries of the city, town or fire district or pollical subdivision, unless the certificate:

a)   Excludes a portion of the city, town or fire district or political subdivision; or

b)   Includes an additional service area outside the jurisdictional boundaries of the city, town, fire district or other political subdivision. (Sec. 4)

7.   Allows a temporary authority granted by the Director to an ambulance service to be extended for one additional 90-day period if the person granted temporary authority to provide service applies for a certificate of necessity. (Sec. 6)

8.   Makes technical and conforming changes. (Sec. 1-7)

9.    

10.   

11.  ---------- DOCUMENT FOOTER ---------

12.                    HB 2802

13.  Initials EB  Page 0 Health & Human Services

14.   

15.  ---------- DOCUMENT FOOTER ---------