ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

 

HB 2290: certificates of operation; interfacility transfers

Sponsor: Representative Kolodin, LD 3

Committee on Regulatory Affairs

Overview

Authorizes Certificates of Operation to operate an ambulance service to facilitate the interfacility transport of patients.

History

The DHS Director is authorized to adopt reasonable medical equipment, supply, staffing and safety standards, criteria and procedures to issue a certificate of necessity (CON) to operate an ambulance. These standards, criteria and procedures must require that an ambulance providing interfacility transportation or serving a rural or wilderness CON area with a population of less than 10,000 individuals have at least one ambulance attendant who is an EMT, a licensed physician or professional nurse, as well as one who is either an EMT or emergency medical responder while transporting a patient (A.R.S. § 36-2202).

Statute defines an ambulance as any publicly or privately owned surface, water or air vehicle, including a helicopter, that contains a stretcher and necessary medical equipment and supplies that is constructed or modified and equipped to be used primarily for the transport of individuals who are sick, injured, wounded or who require medical monitoring or aid.

An ambulance attendant means any of the following: 1) an EMT, advanced EMT or a paramedic whose primary responsibility is the care of patients in an ambulance; 2) an emergency medical responder who is employed by an ambulance operating service; 3) a licensed medical doctor or osteopathic physician; or 4) a licensed professional nurse who meets the Arizona State Board of Nursing criteria to care for patients in the prehospital care system or whose primary responsibility is the care of patients in an ambulance during an interfacility transport (A.R.S. § 36-2201).

Provisions

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteCertificate of Operation  (Sec. 3)

1.   States that an eligible entity must apply to DHS for a Certificate of Operation to operate an ambulance service to provide interfacility transports in Arizona.

2.   Permits an eligible entity to operate an ambulance service directly or through a service contract with a registered service provider. 

3.   Allows Certificate of Operation holders to bill for services according to the rate or charge approved by the DHS director. 

4.   Requires Certificate of Operation holders to abide by the certificate of registration statutory requirements.  (Sec. 3)

5.   Exempts the Certificate of Operation holders from CON statutory requirements. (Sec. 3)

6.   Outlines the requirements that must be met for the DHS director to issue a Certificate of Operation to an eligible entity within 45 days after receiving an application. 

7.   Grants the Certificate of Operation if the DHS director fails to make a determination regarding the application within 60 calendar days after receiving the application. 

8.   Makes the initial Certificate of Operation valid for one year.

9.   Requires, within 90 days before expiration, the DHS director to renew the Certificate of Operation for three years if the holder meets all statutory requirements.  

Insurance and Financial Responsibility (Sec. 3)

10.  Requires a Certificate of Insurance filing or other evidence of financial responsibility equal to that required for a CON. 

 

11.  Directs the liability insurance to bind the insurer to pay compensation for injuries to persons for loss or damage to property resulting from the negligent operation of the ambulance service. 

12.  Authorizes the DHS director to revoke the Certificate of Operation for any entity that fails to comply with the statutory requirements. 

Amended Certificates of Operation (Sec. 3)

13.  Requires written notice to DHS at least 30 days before an eligible entity holding a Certificate of Operation changes its legal name. 

 

14.  Directs DHS to include the name change in an amended Certificate of Operation within 30 days after receiving the notice but to retain the original expiration date. 

Miscellaneous  

15.  Assesses fees for the Certificate of Operation that are equivalent to those to obtain a CON. (Sec. 2)

16.  Defines pertinent terms.  (Sec. 1)

 

 

 

 

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                        HB 2290

Initials  DC    Page 0 Regulatory Affairs

 

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