Ariz. Admin. Code § 9-25-903

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-25-903 - Application for Renewal of a Certificate of Necessity (Authorized by A.R.S. Sections 36-2233, 36-2235, 36-2238, 36-2240, 36-2242)

A. An applicant for a renewal of a certificate of necessity shall submit to the Department, not less than 30 days before the expiration date of the certificate of necessity, an application packet that includes:

1. The following information in a Department-provided format:

a. The identifying number on the applicant's current certificate of necessity;

b. The legal business or corporate name, address, telephone number, and facsimile number of the ground ambulance service;

c. Any other names by which the applicant is known;

d. The names of all other business organizations operated by the applicant related to the ground ambulance service;

e. The name, title, address, e-mail address, and telephone number of the following:

i. Each applicant and individual responsible for managing the ground ambulance service,

ii. The individual acting for the applicant according to R9-25-102,

iii. The individual to contact to access the ground ambulance service's records required in R9-25-908(B), and

iv. The statutory agent for the ground ambulance service or the individual designated by the applicant to accept service of process and subpoenas for the ground ambulance service;

f. Whether the applicant agrees to allow the Department to submit supplemental requests for information under R9-25-1201(C)(3);

g. Attestation that the applicant has analyzed response times according to R9-25-908(G)(2) and, if applicable, performance of interfacility transports of patients with no time-critical condition according to R9-25-908(H)(1);

h. Attestation that the applicant is familiar with the requirements in A.R.S. Title 36, Chapter 21.1 and this Chapter and will comply with applicable statutes and rules in any matter relating to or affecting the ground ambulance service;

i. Attestation that the certificate holder, except as provided in R9-25-908(G)(4), R9-25-908(H)(3), or R9-25-908(K)(1)(c), has and is continuing to meet the conditions of the certificate of necessity;

j. Attestation that any information or documents submitted to the Department are true and correct; and

k. The signature of the applicant or the applicant's designated representative and the date signed;

2. Proof of continuous insurance coverage or a statement of continuing self-insurance, including a copy of the current certificate of insurance or current statement of self-insurance required in R9-25-908(A);

3. Proof of continued coverage by a surety bond if required under A.R.S. § 36-2237(B);

4. A copy of the list of current charges required in R9-25-1109;

5. A list of all certificate holders with which the applicant has back-up agreements;

6. If an instance of noncompliance has been identified, a corrective action plan or documentation specified in R9-25-908(G)(4), R9-25-908(H)(3), or R9-25-908(K)(1)(c), as applicable, if not already submitted to the Department; and

7. $50 application filing fee.

B. A certificate holder who fails to file a timely application for renewal of the certificate of necessity according to A.R.S. § 36-2235 and this Section, shall:

1. Cease operations at 12:01 a.m. on the date the certificate of necessity expires;

2. If planning to continue operating as a ground ambulance service, file an initial certificate of necessity application according to R9-25-902; and

3. Not resume operations without receiving a new certificate of necessity from the Department.

C. The Department shall review an application packet under this Section according to A.R.S. §§ 36-2233 and 36-2235 and Article 12 of this Chapter, and:

1. Approve the application;

2. Approve the application with a corrective action plan, as specified in subsection (A)(6);

3. Approve the application with special limitations or conditions; or

4. Deny the application.

D. The Department may deny an application according to A.R.S. § 36-2235 if an applicant:

1. Fails to comply with any provision in A.R.S. Title 36, Chapter 21.1;

2. Fails to comply with any provision in this Article or Article 2, 10, or 11 of this Chapter;

3. Knowingly or negligently provides false documentation or false or misleading information to the Department; or

4. Fails to submit to the Department documents or information requested under R9-25-1201(B)(1) or (C)(3) and requests a denial as permitted under R9-25-1201(E).

E. If a certificate holder submits an application for renewal according to subsection (A), the current certificate of necessity does not expire until the Department has made a final determination on the application for renewal, as provided in A.R.S. § 41-1092.11.

F. If a certificate holder does not intend to apply for renewal of a certificate of necessity, the certificate holder shall:

1. At least 90 days before the expiration date of the certificate of necessity, send the Department written notice of the certificate holder's intention to cease operating, effective on the expiration date; and

2. Not discontinue service, except as provided in A.R.S. § 36-2238.

Ariz. Admin. Code § R9-25-903

New Section adopted by final rulemaking at 7 A.A.R. 1098, effective February 13, 2001 (Supp. 01-1). Renumbered and amended from R9-25-904 by final rulemaking at 30 A.A.R. 581, effective 3/7/2024.