The attorneys with Chelle Law can provide an Arizona DHS Hearing Attorney to represent individuals before the Arizona Office of Administrative Hearings (OAH). The Arizona Department of Health Services (DHS) operates programs that assist Arizona citizens with the promotion of health and wellness. DHS also has the responsibility to license and investigate health care facilities in Arizona.
Department of Health Services Licensing
The ADHS Division of Licensing Services licenses and monitors childcare centers, assisted living centers, nursing homes, hospitals, health care providers, and emergency services throughout Arizona. The Division of Licensing Services facilitates inspections, surveys, and conducts investigations. This is done to ensure performance standards are being met. DHS license the following:
- Child Care Facilities
- Long Term Care Facilities
- Medical Facilities
- Residential Facilities
- Group Homes
- Sober Living Homes
- Hearing Aid Dispensers
- Speech-Language and Hearing Professionals
- Medical Radiologic Technologists
- Laser Technicians
Arizona DHS Facility Deficiencies
Complaints or inspections of DHS facilities are assigned to a surveyor for investigation. The investigation may include an examination of the facility, document review, interviews and obtaining reports from other agencies. An investigation of a complaint may result in a complete compliance inspection being conducted. Common DHS facility deficiencies include:
- Failure to sign necessary plans.
- Lack of Fingerprint Clearance Cards for employees.
- Resident Service Plans not signed and dated.
- No CPR/first aid certification.
- Lack of required personnel records.
- Missing disaster and evacuation drills.
- Repeat of previous deficiencies.
- Failure to have a licensed or certified manager.
Health Care Facility and Provider Enforcement Actions
If the department determines an applicant or licensee is violating applicable statutes and rules, and the violation poses a direct risk to the life, health or safety of a patient, an enforcement will likely be placed on AZ Care Check. This searchable database contains information about deficiencies found against facilities and providers by ADHS. An Enforcement Action by ADHS could:
- Issue a provisional license to the applicant or licensee.
- Assess a civil penalty.
- Impose an intermediate sanction.
- Remove a licensee and appoint another person to continue operation of the health care institution pending further action.
- Suspend or revoke a license.
- Deny a license.
- Issue an injunction.
Arizona DHS Hearing Attorney
Any ADHS Hearing is conducted by the Arizona Office of Administrative Hearings before an Administrative Law Judge (ALJ). The hearing isn’t as formal as a trial, but it’s similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening statement and a closing argument which should explain why the judge should rule one way or the other. The attorney can cross examine witnesses and testify on her own behalf. After the hearing, the ALJ will review the transcripts, evidence and make a recommendation to ADHS. A rehearing can be requested if an error is made by ADHS. The Department of Health Services Director may be uphold, amend or reject the ALJ’s ruling.