Ariz. Admin. Code § 9-25-911

Current through Register Vol. 30, No. 40, October 4, 2024

Section R9-25-911 - Enforcement Action (Authorized by A.R.S. Sections 36-2234(L), 36-2244, 36-2245, 41-1092.03, 41-1092.11(B))

A. The Department may take an action listed in subsection (B) against a ground ambulance service that:

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

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

3. Does not submit a corrective action plan, as provided in R9-25-903(A)(6), R9-25-908(G)(4)(a), R9-25-908(H)(3)(a), R9-25-908(K)(1)(c), or R9-25-910(E)(2), that is acceptable to the Department;

4. Does not complete a corrective action plan submitted according to R9-25-903(A)(8) or R9-25-910(E)(2); or

5. Knowingly or negligently provides false documentation or false or misleading information to the Department or to a patient, third-party payor, or other person billed for service.

B. The Department may take the following actions against a ground ambulance service:

1. Except as provided in subsection (B)(3), after notice and an opportunity to be heard is provided under A.R.S. Title 41, Chapter 6, Article 10, suspend:

a. The ground ambulance service's certificate of necessity, or

b. The certificate of registration of a ground ambulance vehicle operated by the ground ambulance service;

2. After notice and an opportunity to be heard is provided under A.R.S. Title 41, Chapter 6, Article 10, revoke:

a. The ground ambulance service's certificate of necessity, or

b. The certificate of registration of a ground ambulance vehicle operated by the ground ambulance service;

3. As permitted under A.R.S. §§ 36-2234(N) and 41-1092.11(B), if the Department determines that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the Department's order, immediately suspend:

a. The ground ambulance service's certificate of necessity pending proceedings for revocation or other action, or

b. The certificate of registration of a ground ambulance vehicle operated by the ground ambulance service pending proceedings for revocation or other action; or

4. Another enforcement action according to A.R.S. § 36-2245(I), (J), or (K).

C. In determining the type of enforcement action to impose under A.R.S. § 36-2245, the Director shall consider:

1. The severity of the violation relative to public health and safety;

2. The number of violations relative to the annual transport volume of the certificate holder;

3. The nature and circumstances of the violation;

4. Whether the violation was corrected, the manner of correction, and the time-frame involved;

5. The duration of each violation;

6. The frequency and nature of complaints received by the Department about a certificate holder; and

7. The impact of the penalty or assessment on the provision of ambulance response or transport in the certificate holder's service area.

Ariz. Admin. Code § R9-25-911

New Section adopted by final rulemaking at 7 A.A.R. 1098, effective February 13, 2001 (Supp. 01-1). Renumbered and amended from R9-25-912 by final rulemaking at 30 A.A.R. 581, effective 3/7/2024.