Ariz. Admin. Code § 9-25-712

Current through Register Vol. 30, No. 25, June 21, 2024

Section R9-25-712 - Enforcement Actions (Authorized by A.R.S. Sections 36-2202(A)(4), 36-2209(A)(2), 36-2213, 36-2214, 36-2215, 41-1092.03, and 41-1092.11(B))

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

1. Fails to meet the eligibility requirements of R9-25-703;

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

3. Fails or has failed to comply with any provision in this Article or Article 2 or 8 of this Chapter;

4. Does not submit a corrective action plan, as provided in R9-25-711(G)(2), that is acceptable to the Department;

5. Does not complete a corrective action plan submitted according to R9-25-711(G)(2); or

6. 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 an air 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 air ambulance service license, or

b. The certificate of registration of an aircraft to be used as an air ambulance by the air 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 air ambulance service license, or

b. The certificate of registration of an aircraft to be used as an air ambulance by the air ambulance service; and

3. As permitted under A.R.S. § 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 air ambulance service license pending proceedings for revocation or other action, or

b. The certificate of registration of an aircraft to be used as an air ambulance by the air ambulance service pending proceedings for revocation or other action.

C. In determining whether to take action under subsection (B), the Department shall consider:

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

2. The number of violations relative to the transport volume of the air ambulance service;

3. The nature and circumstances of each violation;

4. Whether each violation was corrected and, if so, the manner of correction; and

5. The duration of each violation.

Ariz. Admin. Code § R9-25-712

New Section made by final rulemaking at 12 A.A.R. 656, effective April 8, 2006 (Supp. 06-1). Section expired under A.R.S. 41-1056(E) at 18 A.A.R. 2153, effective June 30, 2012 (12-3). Renumbered from R9-25-709 and amended by final rulemaking at 28 A.A.R. 842, effective 6/5/2022. Amended by final expedited rulemaking at 29 A.A.R. 1461, effective 6/6/2023.