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…