Chapter 02 - Need For Health Facilities and Services
| 11.0201 Purpose. The rules in this chapter are set forth for t… |
| 11.0202 Authority. The rules codified in this chapter are promul… |
| 11.0203 Short title. The rules set out in this chapter shall be kn… |
| 11.0204 Applicability. The rules in this chapter shall govern determ… |
| 11.0205 Certificate of need required when. Under the provisions of 13.0205 A.S.C.A., no… |
| 11.0206 Application submits to jurisdiction-Applicability rulings. (a) Notice is given that any person submittin… |
| 11.0207 Definitions. The following words or phrases, as used in th… |
| 11.0208 Time period computation. Any period of time specified in. this chapter… |
| 11.0209 Forms, applications, and procedures. Any forms or application instruction or proce… |
| 11.0210 Communications between applicant and staff or review board. (a) Prior to the filing of an application, ve… |
| 11.0211 Public records on applications. The agency, at its health planning office, sh… |
| 11.0212 Public records designated-Status apprisal and information providing. (a) Each of the following documents relating… |
| 11.0213 Enforcing agency apprisal. The agency shall inform all agencies of gover… |
| 11.0214 Annual reports. The agency shall compile a report annually wh… |
| 11.0215 ASHPDA-Duties. The health planning and development agency ha… |
| 11.0216 ASHPDA-Location-Address-Telephone number. (a) The agency is located in the administrati… |
| 11.0217 Review board-Composition-Chairman-Terms. (a) The review board members shall be appoint… |
| 11.0218 Review board-Function-Procedure generally. (a) The review board is the body of the agenc… |
| 11.0219 Staff activity restrictions. The following conflict-of-interest provisions… |
| 11.0220 Notices of intent-Required-When filed. Any person or organization intending to initi… |
| 11.0221 Notice of intent-Title-Content. (a) Every notice of intent filed under 11.022… |
| 11.0222 Notice of intent-Acknowledgment-Providing forms and information-Response to requests. Upon receipt of a notice of intent which meet… |
| 11.0223 Technical assistance. The agency shall provide technical assistance… |
| 11.0224 Preapplication conferences. The agency, at the request of an applicant fo… |
| 11.0225 Application-Required-Number of copies. Every person, organization or government agen… |
| 11.0226 Application-Standard and emergency. An application shall be one of the following… |
| 11.0227 Application-Emergency review justification. The agency may accept an application for emer… |
| 11.0228 Application-Form-Content. The agency shall develop and make available u… |
| 11.0229 Application-Evaluation-Requirement restrictions. Upon receipt of an application for determinat… |
| 11.0230 Application-Justification responsibility -Supporting evidence. Every applicant shall be given notice that th… |
| 11.0231 Application-Emergency form. Instead of using the application forms referr… |
| 11.0232 Application-Amendment or addition. Any applicant may amend or submit additional… |
| 11.0233 Application-Withdrawal. Any applicant for determination of need may,… |
| 11.0234 Public comment, notice, and document access. The agency shall afford a reasonable opportun… |
| 11.0235 Notice of beginning of review. Written notification of the beginning of a re… |
| 11.0236 Public hearings-When ordered-Request deadline. The agency shall order a public hearing on an… |
| 11.0237 Public hearings-For reconsideration of agency finding. (a) Any person may, for good cause shown, req… |
| 11.0238 Public hearings-Notice. The agency shall send to the person requestin… |
| 11.0239 Public hearings-When held-Place. A public hearing ordered upon request under 1… |
| 11.0240 Public hearings-Conduct. A designated representative of the agency sha… |
| 11.0241 Public hearings-Summaries-Applicant comments-Reconsideration findings. (a) The staff of the agency shall summarize t… |
| 11.0242 Staff reports-Required when. The agency staff shall prepare a written repo… |
| 11.0243 Staff reports-Content. The staff report on each standard application… |
| 11.0244 Staff reports-Filing and distribution -Contents. (a) The staff report shall be placed in the p… |
| 11.0245 Advocacy by applicant. An applicant for determination of need may se… |
| 11.0246 Deadline for agency action and documentation-Failure to act. The agency shall take final action and docume… |
| 11.0247 Prerequisites for agency action. Except in the case of an emergency applicatio… |
| 11.0248 Review board meetings-Announcement and public nature-Presiding officer. The review board shall meet upon the call of… |
| 11.0249 Review board meetings-Notice and transmittal of material to members. Notice of any meeting of the review board sha… |
| 11.0250 Review procedure. Any standard review of an application for det… |
| 11.0251 Official record of review board action. Following every meeting at which the review b… |
| 11.0252 Preliminary action-Permitted-Procedure. The review board, upon consideration of an ap… |
| 11.0253 Preliminary action-Alternatives. As preliminary action upon an application, th… |
| 11.0254 Dismissa1-Permitted. The review board, upon consideration of an ap… |
| 11.0255 Dismissal-Grounds. No application shall be dismissed except on o… |
| 11.0256 Dismissal-Procedures. The review board may dismiss such application… |
| 11.0257 Final determination deadline. Within 90 days of the filing of a standard re… |
| 11.0258 Objective in determination. In making determinations of need, the review… |
| 11.0259 Findings required. (a) In taking final action under this chapter… |
| 11.0260 Determination criteria-Consideration. (a) In addition to the mandatory findings req… |
| 11.0261 Determination criteria-Services and equipment. Criteria for determining need for health care… |
| 11.0262 Determination criteria-New facilities for new services. Criteria for determining need for new health… |
| 11.0263 Determination criteria-New facilities for existing services. Criteria for determining need for new facilit… |
| 11.0264 Applicant demonstration of need-Determination data resources. (a) The sole responsibility for demonstrating… |
| 11.0265 Issuance of certificate-Director action contrary to board. (a) The agency director, acting on the findin… |
| 11.0266 Term of determination-Changes to projects. Determinations of need and certification ther… |
| 11.0267 Notice of review board action-Effective date. (a) Whenever the review board takes prelimina… |
| 11.0268 Revocation. (a) The review board is authorized to revoke… |
| 11.0269 Appeals board review-Complaints to board. (a) Any determination of need or lack of need… |
| 11.0270 Agency review-Appeals board or judicial remedy. Any applicant for determination of need aggri… |
| 11.0271 Rulemaking-Applicability of provisions. This section through 11.0274 govern the proce… |
| 11.0272 Rulemaking-Notice of proposal. When upon its own initiative the agency propo… |
| 11.0273 Rulemaking-Public hearing. (a) Requirement. A public hearing will be hel… |
| 11.0274 Rulemaking-Distribution of proposals-Comments. (a) Copies of the proposed rules will be sent… |
| 11.0275 Reports-Who must submit. (a) All providers of health services, and oth… |
| 11.0276 Reports-Notice of requirement. The agency will inform all persons or organiz… |
| Exhibit 1 – Standard Categories of Health Care Services The initiation or implementation of any… |
| Exhibit 2 – Examples of Major Movable Equipment Air conditioners. Analyzers, gas. Ambulance.… |
| Exhibit 3 – Examples of Fixed Equipment (a) Building Services Equipment: Electric lig… |
| Exhibit 4 – Determination of Need Form AMERICAN SAMOA HEALTH PLANNING AND DEVELOPMEN… |
| Exhibit 5 – Certificate of Need for Health Services, Facilities, or Equipment Notification is hereby given that the Review… |