The Association’s Best Practices are designed to promote honest and ethical conduct in Arizona’s senior referral industry. They are also designed to facilitate and encourage prompt reporting of law and/or regulatory violations.
Universal Best Practices
All PASRS Members will:
1. Maintain a business environment that fosters fairness, respect and integrity. It is the Association’s policy that its members are lawful, highly principled and socially responsible in all business practices. All members are expected to become familiar with these Best Practices and to apply these guiding principles in the daily performance of their business activities and responsibilities.
2. PASRS Members will operate their businesses with due diligence and professional care in accordance with professional standards and best practices from their respective industry in all matters.
3. Serve in the interest of their clients and business organizations in a lawful and honest manner, while maintaining high standards of conduct and character and not engage in acts discreditable to the industry or to the Association.
4. PASRS Members will maintain the privacy and confidentiality of information obtained in the course of their duties. Such information shall not be used for personal benefit or released to unauthorized parties. Sensitive information is at times managed and in those circumstances, HIPAA guidelines must be adhered to for those members fall under the jurisdiction of HIPAA
5. PASRS Members will maintain competency, certification and/or licensure in the senior living industries and other respective professional fields.
6. PASRS Members agree to undertake only those business activities, clients, or commitments which they can reasonably expect to service and/or complete with professional competence.
7. PASRS Members will have a client problem resolution or client complaint policy in place to promptly address and resolve issues reflecting professional care and competence.
PASRS Industry Members Best PracticesAll Industry (Placement Agent) Members will:
1. PASRS Industry Members will submit to all Universal Best Practices found in Universal Best Practices Policy.
2. PASRS Industry Members submit to and honor all Medicare/Medicaid policies at hospitals and skilled nursing facilities, home health and hospice companies regarding vendor visitation, gifting and compensation for referrals. PASRS Members will not pay for or compensate employees of these companies for referrals.
3. PASRS Industry Members will disclose to client or client's agent information on PASRS and Best Practices as part of the services rendered, including the manner and nature of services provided. Meaning the Member is compensated for carrying out the services rendered. The Member will provide documentation that includes authorization for the Member to represent the client or client's agent when arranging placement tours with homes and centers they deem appropriate for the respective client or client's agent. The Member needs to secure the signed documentation before visiting any facility. The Member should provide a copy to the facility at the time of the tour.
Eliminating any confusion for the Member, and the facility in the event the client or client's agent selects the facility for services; the Member's compensation will not pose any uncertainty.
4. In accordance with federal and state laws, no fees of any kind can be charged or accepted for residents that are already approved or accepted into the ALTCS/Medicaid program. This includes those instances when a family may arrange for an upgrade in the living arrangements (i.e. private room setting) and additional fees are collected between the family and facility. However, an agency may charge on a fee for service agreement defined in their Written Service Agreement with the family, a specific fee for assisting the family in researching and selecting an approved ALTCS/Medicaid facility. This fee is paid by the family/client representative directly to the referral agency and does not involve funds of the client who is covered under the ALTCS/Medicaid program
5. PASRS Industry Members as a practice arrange for a personal interviews of the client whenever possible prior to escorting the client or their representatives for tours . It is also the practice of PASRS Industry Members to tour with the client or client's representative whenever possible.
6. Prior to touring any facility with the client or client's representative, PASRS Industry Members will review the most recent DHS surveys and share results with the resident or resident's legal representative..
7. PASRS Industry Members will only refer to licensed assisted living homes. There are times when Industry members can and will refer to unlicensed independent living centers.
8. PASRS Industry Members will not knowingly work with or refer to any facility which has a policy to recover previously paid referral fees to the referring agency from the client or client's representative for any reason.
9. PASRS Industry Members will familiarize themselves with the State Statutes and Administrative Codes regarding assisted living law, with particular attention paid to content of residency agreements, referral fees, refund policies, behavioral placements, termination clauses and caregiver and manager training.
10. PASRS Industry Members will not engage in the practice of moving or relocating a previously placed client for additional economic gain (known as "churning"). Any issue following a placement of a client or requests to relocate a client must be addressed directly by the Member with the involved family and the facility involved. The Member must not be the initiator of a relocation- this must be initiated by the family and/or the facility after all parties have been unable to resolve and there is agreement that relocation is in the best interest of the resident.
11. PASRS Industry Members will attend at least 50% of organized events in a calendar year. Attendance and participation is a vital component to the health and quality of PASRS as an organization. PASRS will notify the industry member if attendance falls below requirements.
12. PASRS Industry Members maintain professional and general liability insurance in the amount of one million dollars ($1,000,000) per occurrence. The Member will supply a copy of the ACORD Certificate of Liability Insurance within 10 days of policy renewal. Member will request that the insurance carrier name PASRS as a Certificate Holder so that the form is automatically sent to us upon renewal and update.
13. PASRS Industry members are expected to be experts in the arena of Senior Living in the geographical areas they choose to serve. This includes staying current with changes to the assisted living law, with particular importance and awareness to new facilities that open in the marketplace, consistency and tenure of directors and leadership in the facilities, reviewing DHS surveys when considering a facility for placement, availability of 24 hour awake staff, and a current policy for the availability of advanced directives to caregivers and first responders to name a few.
14. PASRS Industry Members should assist the facilities and residents resolve any and all questions or issues regarding pricing, residency agreements, furnishings, services provided and support services prior to or after the resident moves in to the facility. Special care must be made by the agent after the move in to help in the transition process for the resident but as to not ultimately violate Best Practices 10 as stated above.
15. PASRS Industry Member Agents should disclose and promote PASRS Membership and Best Practices to all clients and referral sources.
By typing my name below, I certify:
I understand I am responsible for operating under these Best Practices and all employees/agents which work under my authority are responsible to adhere to these Best Practices as well. If I or anyone affiliated with my business entity is suspected of non-compliance or violation, then I am subject to the Grievance Procedure to be enforced by the Board of Directors. Investigation could follow and ultimately loss of membership could result if the non-compliance or violation is substantiated. br>
It is the policy of PASRS to have a procedure and expectation that members will abide by the Best Practices set forth by the Board of Directors (the "Board"). In the event there is a question regarding adherence to these Best Practices, the Board has a policy in which a member, affiliate member, or non-member can initiate a grievance against a PASRS member. The grievance is reviewed by the Ethics Committee and the Board. As a condition of membership, members agree to abide by the recommendations made by the Ethics Committee and Board.
1) All members will submit to and sign the Grievance Policy at the time of their application form membership to PASRS. Signing the Policy designates the member's willingness to submit to the findings and recommendations of the Ethics Committee and the Board.
2) The initiator of the grievance will notify the Board of the intent to file a grievance and complete the Grievance Form. All grievances must be filed with the Board President and no action shall be taken on any grievance until the Grievance Form is filed. After the grievance is filed with the Board President, such individual will notify the members of the Ethics Committee and provide copies of all submitted documentation to Ethics Committee members.
3) The Ethics Committee will meet and review the grievance within 14 days of the filing of the grievance. The Ethics Committee will make their recommendations to the Board within 30 days after their initial meeting, unless otherwise extended by good cause. Ethics Committee recommendations shall be obtained by simple majority vote.
4) The Board will hold a hearing with the agency named in the grievance to review the findings and recommendations submitted by the Ethics Committee. Such hearing shall be held within 30 days of the Ethics Committee submitting its findings and recommendations, unless otherwise extended by good cause. At the conclusion of the hearing, the Board will vote on whether to accept the findings and recommendations of the Ethics Committee by a simple majority vote. All recommendations will be made in writing and become part of the agency file that the Board keeps on all members.
5) Grievances substantiated after votes by the Ethics Committee and the Board that involve a violation of the Best Practices of PASRS can be grounds for the termination of membership.
6) Other than the publication of recommendations discussed in Paragraph 4 or as otherwise required by law, all matters regarding grievance complaints will remain confidential to the Ethics Committee, the Board, and the agency involved. Notwithstanding this Paragraph, the party initiating the grievance shall be entitled to notice of the findings and recommendations of the Ethics Committee and the Board.
7) The purpose of this policy is to promote consistency and integrity among professionals serving Arizona's elderly population. The intention and spirit of PASRS policy is to clarify best practices and support professionals in their quest to serve Arizona's elderly. This policy is not intended as a punitive action, but rather an educational tool designed to remedy poor practices through self-regulation.
8) Every member indemnifies and holds harmless any participant of the Ethics Committee or the Board engaged in the application of this Policy for all actions taken consistent with the investigation, hearing, and resolution of any grievance.
9) This Policy may be amended from time to time to reflect the procedures necessary to achieve PASRS' goals. Prior to the adoption of any amendment to this Policy, the proposed amendment shall be made available to all PASRS members for comment. Any proposed amendment can be adopted by majority vote of the Board 30 days after publication to PASRS' membership and shall become effective 30 days thereafter.
By typing my name below, I certify:
I, and the business entity I represent, acknowledges receipt of PASRS Grievance Policy and agrees to be bound by its provisions and the recommendations of the Ethics Committee and the Board.