ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: MAPS DP 12-1-1-0


HB 2609: ambulance services; service areas

Sponsor: Representative Burges, LD 1

House Engrossed

Overview

Outlines changes to the Department of Health Services' (DHS) certificate of necessity (CON) issuing procedures and ambulance service operations in rural areas.

History

Statute currently requires DHS to regulate operating and response times of ambulances including providing uniform standards for urban, suburban, rural and wilderness areas within the CON based on population density, geographic and medical considerations (A.R.S. § 36-2232).

DHS must prescribe a uniform accounting system for ambulance services to use that conforms to standard principles for the ambulance industry and generally accepted accounting principles (A.R.S. § 36-2232).

Current statute requires ambulance services to file an annual financial report with DHS within 180 days of the completion of its annual accounting period (A.R.S. § 36-2232).

Statute requires the director of DHS (Director) to issue a CON if:

1)   The applicant has at least one registered ambulance;

2)   The director that public necessity requires the issuance of a CON;

3)   The applicant is fit and proper to provide the service; and

4)   The applicant has filed a surety bond (A.R.S. § 36-2232).

The director must hold a public hearing on any proposed action related to rates, fares, response times or CONs (A.R.S. § 36-2234).

If a CON is issued to a city or town in Arizona, the service area is defined as the geographical area within the jurisdiction of the city or town (A.R.S. § 36-2236).

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteRequires DHS to make evidence-based quality patient care the priority in all decision-making. (Sec. 1)

2.   States response times begin tolling when the ambulance service is contacted by an answering point. (Sec. 1)

3.   States arrival times must be documented by the ambulance service and kept on file. (Sec. 1)

4.   Requires DHS to make response time data publicly available on its website. (Sec. 1)

5.   States DHS must review ambulance service response times every six years. (Sec. 1)

6.   States one additional review may be requested by an eligible city, town, fire district or fire authority during each six-year period. (Sec. 1)

7.   States DHS must offer technical assistance to ambulance services to ensure compliance with rules. (Sec. 1)

8.   Adds an ambulance service must install and maintain and electronic global positioning system monitoring device in each vehicle that is used for transport. (Sec. 1)

9.   Requires an ambulance service to maintain response records for a period of three years. (Sec. 1)

10.  Requires the Director to make an CON eligibility decision within 180 days of receiving an application. (Sec. 2)

11.  States the applicant has 30 days to respond to the Director if the Director requests additional information from the CON applicant. (Sec. 2)

12.  States the Director may give the applicant one additional 30 day period to respond to a request for additional information. (Sec. 2)

13.  States the 180-day period for the Director to decide on a CON applicant's eligibility does not include the time the applicant uses to respond to requests for additional information. (Sec. 2)

14.  Repeals statute that required an ambulance service to have at least one registered ambulance before the director issues a CON.  (Sec. 2)

15.  States any CON holder whose service area is within the affected service area of a new ambulance service may appeal the Director's decision within 30 days after the decision. (Sec. 3)

16.  Requires the Director to hold a public hearing within 180 days if an appeal is made regarding a CON decision. (Sec. 3)

17.  States that city, town, fire district, fire authority whose jurisdictional boundaries fall within a service area of CON, and any eligible hospital, are considered interested parties for the purposes of any hearings regarding CONs. (Sec. 3)

18.  States all interested parties must be notified of any applications for a new CON within 15 days after an application is filed. (Sec. 3)

19.  States a CON hearing may not last more than five business days. (Sec. 3)

20.  Requires the director to mail CON hearing notices to every ambulance service and interested party at least 15 days prior to the hearing. (Sec. 3)

21.  States if the jurisdictional boundaries of a city, town, fire district, fire authority or other political subdivision expand, the service area of the CON expands to reflect those changes. (Sec. 4)

22.  States if the population of a service area changes, DHS must conduct a review to determine whether adjustments must be made to the response times in the service area. (Sec. 4)  

23.  Grants a fire department, fire district or fire authority temporary authority to provided needed ambulance services in areas lacking adequate ambulance service. (Sec. 6)

24.  States that temporary authority lasts 90 days, and may be extended for one additional 90 day period. (Sec. 6)

25.  States that CON applicant must demonstrate that the service provided under the temporary authority includes appropriately equipped vehicles. (Sec. 6)

26.  Contains a rulemaking exemption. (Sec. 8)

27.  Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6, 7)

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31.                    HB 2609

32.  Initials FK  Page 0 House Engrossed

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