Arizona Laws 11-1437. Transfer of county employees
A. The operating agreement:
Terms Used In Arizona Laws 11-1437
- agreement: means an agreement between the sponsoring county and a nonprofit corporation under this chapter for the corporation to assume the health care responsibilities previously performed by the county, including all arrangements and understandings, including a lease agreement, between the county and corporation. See Arizona Laws 11-1401
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- corporation: means a nonprofit corporation that is organized under title 10 and that is qualified or will qualify under section 501(c)(3) of the internal revenue code. See Arizona Laws 11-1401
- County health system: means the health system maintained, owned or operated by the sponsoring county immediately before the transfer date. See Arizona Laws 11-1401
- Health system: means any health care institution and all related real and personal property including, without limitation, all clinics, rehabilitation centers, therapy facilities, outpatient clinics, nursing homes, blood banks, ambulance facilities, extended care facilities, dispensaries, pharmacies, parking facilities, laundry facilities, dormitories, offices and administration buildings, cafeterias and food service facilities, research, laboratory and diagnostic facilities, libraries, information systems and data bases, ambulances, stretcher vans and other medical transportation equipment, education facilities, school-based clinics, equipment, tools, machinery, accounts receivable and other intangible assets, health maintenance organizations, health care services organizations and health insurance plans, including all related reserves, deposits, prepayments, risk pools and similar assets of these organizations and plans, graduate medical and other health care professional educational programs, public health education programs and business operations, in each case maintained, owned or operated for the payment and delivery of medical services, nursing services, home health services, home delivery services, emergency medical services, behavioral health services, long-term care services, health-related services and health screening services, adult day health services, adult foster care services, hospice services, personal care services, respite care services, supervisory care services and medical equipment services. See Arizona Laws 11-1401
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Sponsoring county: means a county that enters into an operating agreement under this chapter. See Arizona Laws 11-1401
- Transfer date: means a date, agreed to by the sponsoring county and a nonprofit corporation, for the lease of any health system assets and the assumption of all or part of the health system liabilities by the corporation. See Arizona Laws 11-1401
1. Shall include provisions to ensure that all employees of the county health system are considered for employment by the nonprofit corporation.
2. May include provisions with respect to the transfer of county health system employees, including appropriate arrangements for hiring preferences, employee seniority, rates of pay, benefits, accrued leave and retirement benefits and for financial adjustments and settlements.
B. The nonprofit corporation shall allow employees chosen to perform services under the operating agreement who have ten or more years of credited service with the county health system as of the transfer date and employees who are within four years of becoming eligible for retirement benefits under the Arizona state retirement system as of the transfer date to remain at their option as employees of the sponsoring county on loan to the corporation for purposes of membership in the Arizona state retirement system for up to four years. The corporation shall pay all costs incurred by the county to implement this subsection. The sponsoring county may pay any amounts received from the corporation under this subsection to the Arizona state retirement system regardless of whether the county budgeted the expenditure pursuant to section Title 42, Chapter 17, Article 3. All amounts received by the county from the corporation under this subsection are considered to be held by the county as a custodian pursuant to article IX, section 20, subsection (3), paragraph (d), subdivision (iii), Constitution of Arizona.
C. This chapter shall not be construed to require the nonprofit corporation to employ any employee of the county or the county health system.