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. Operate their businesses with due diligence and professional care in accordance with professional standards and best practices.
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. Maintain the privacy and confidentiality of information obtained in the course of their duties, unless disclosure is required by legal authority. Such information shall not be used for personal benefit or released to inappropriate parties.
5. Ensure that all employees maintain competency in the senior referral industry and other respective fields as applicable.
6. Agree to undertake only those business activities, clients, or commitments, which they can reasonably expect to service or complete in a timely manner and with professional competence.
7. Have a written client problem resolution and/or client complaint process policy in place that promptly addresses and resolves problems, issues or conflicts in a timely manner and with professional competence.
PASRS Industry Members Best PracticesAll Industry (Placement Agent) Members will:
1. PASRS Industry Members will submit to and honor all of the 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 for referrals from any of these companies.
3. PASRS Industry Members will utilize a written Service Agreement to be signed by client or client's legal representative when service is initiated. At a minimum, PASRS suggests the Service Agreement contain identification of the placement agency, client, description of how referral and placement services will be performed, and description of compensation arrangement.
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.
5. There are exceptions to be considered when ALTCS/Medicaid approved patients are placed into a facility and a room upgrade is arranged for privately, between the family/responsible party and the receiving facility. In this instance, private pay money can be subjected to an arranged referral fee.
6. PASRS Industry Members should arrange for personalized initial interviews of clients and tours of homes and facilities when possible.
7. Prior to tours of homes or facilities, PASRS Industry Members should review the most recent DHS surveys when scheduling and planning tours of homes or facilities.
8. PASRS Industry Members will not knowingly work with homes or facilities that may recover referral fees from residents or families of residents.
9. PASRS Industry Members will familiarize themselves with the Arizona Revised Statutes and Arizona Administrative Code regarding assisted living law, with particular attention paid to residency agreements, referral fees, refund policies, 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").
11. PASRS Industry Members will attend at least 50% of monthly (6) membership meetings during calendar year.
12. PASRS Industry Members will acquire and maintain active business professional liability insurance in the amount of $1,000,000 per occurrence. Members will provide PASRS with proof of insurance at the time of membership initiation and at renewal each year.
13. PASRS Industry Members should routinely familiarize themselves with the changing landscape of homes and centers in the community they serve, so as to always aspire to bring the best resources forward to their clients.
14. PASRS Industry Members should assist the homes, centers, and residents in resolving any and all questions regarding pricing, residency agreements, furnishings, services provided, and support services that may be indicated prior to the resident moving into the facility.
15. PASRS Industry Member Agents should disclose and promote their membership with PASRS to their clients.
By typing my name below, I certify:
I, and the business entity I represent, have read and agree to abide by the PASRS Best Practices Agreement. I understand I am responsible for operating under these guidelines. If I, and the business entity I represent, fail to comply with this agreement, I understand disciplinary action could be taken including loss of membership.
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.