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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: TI DPA 6-0-1-0 |
HB 2124: hospitals; interfacility transport
Sponsor: Representative Willoughby, LD 13
House Engrossed
Overview
Provides an exemption from the requirement of a certificate of necessity (CON) for certain ambulance services.
History
The Department of Health Services (DHS) regulates the operation of ambulances and ambulance services, including regulating the response times of ambulances to meet the needs of the public and to ensure adequate service. Individuals wishing to operate an ambulance service in this state must apply for a CON. Upon determining that the public necessity requires the service, or any part of the service proposed by the applicant, DHS issues the certificate provided the applicant is found to be fit and proper to provide the service and has paid and filed the appropriate fees and bonds.
Statute grants an exemption from the requirement to obtain a CON for certain vehicles and persons that are statutorily exempted from a certificate of registration as well as ambulance services operating under temporary authority to operate in urgent circumstances (A.R.S. §§ 36-2232, 36-2233).
A certificate of necessity is a certificate that is issued to an ambulance service by DHS and that describes the service area, level of service, type of service, hours of operation, effective date, expiration date, legal name and address of the ambulance service and any limiting or special provisions DHS prescribes (A.R.S. § 36-2201).
Provisions
1. Prohibits current CON holders, whose service areas overlap a proposed service area of an applicant that is a direct owner or indirect owner of a hospital and that is applying for a CON to perform only interfacility transport of patients to and from the applicant's health care institutions (institutions), from appealing the Director of DHS's decision. (Sec. 2)
2. Restricts a CON holder, whose CON allows only interfacility transport of patients to and from the CON holder's institutions, from taking any action to prevent another CON holder from amending a CON to remove some or all the CON holders' overlapping service area. (Sec. 2)
3. Requires any ambulance service, holding a CON for interfacility transport and whose service area overlaps with that service area of a CON holder whose CON allows only interfacility transport of patients to and from the CON holder's institutions, to have the right of first refusal to provide interfacility transportation within the ambulance service area if the transfer is:
a) within the arrival time frame specified by the CON. If the CON does not have a specified arrival time, the arrival time must be within the time frame specified by the patient's treating medical provider based on the patient's medical condition; and
b) with the medical equipment and trained personnel necessary to transfer the patient safely and within the assigned personnel's scope of practice. For pediatric patients, the patient's treating medical provider may request specialized personnel and equipment necessary for the scope of the patient's transport. (Sec. 4)
4. Directs the transferring health care institution to document any communication made with each ambulance service holding a CON for interfacility transport and the interfacility transport details, including:
a) the transfer request, including the patient's condition, equipment and medications, the time determined by the patient's treating medical provider to transport and the time the call was made to each ambulance service;
b) the required time frame for the transfer as specified in the current CON or, if the CON does not have a specified arrival time, the arrival time specified by the patient's treating medical provider based on the patient's medical condition;
c) the required medical equipment and trained personnel or, in the case of a pediatric patient, the specialized personnel and equipment necessary for the scope of the patient's transport as requested by the patient's treating medical provider;
d) whether each ambulance service contacted accepted or declined to transport the patient; and
e) which ambulance service ultimately transported the patient and the reasons why. (Sec. 4)
5. Allows the transferring health care institution to make other interfacility transport arrangements for a patient if all ambulance services holding a CON for interfacility transport as prescribed decline to transport the patient. (Sec. 4)
6. Defines pertinent terms. (Sec. 1, 4)
7. Makes technical and conforming changes. (Sec. 1-3)
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HB 2124
Initials LM Page 0 House Engrossed
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