Chapter 02 - Need For Health Facilities and Services
| 11.0101 Federally funded programs and projects ASHPDA consideration. Public health-grant funding agencies, in revi… |
| 11.0102 Authority – Review procedures and criteria. (a) Health services agencies (HSAs) are manda… |
| 11.0103 Purpose. The purpose of this chapter is to provide and… |
| 11.0104 ASHPDA dual role – American Samoa Plan for health. The ASHPDA performs a dual role in the territ… |
| 11.0105 Review required when. The ASHPDA will review and approve, or disapp… |
| 11.0106 Review not required when – Five-year continuation reviews. (a) The ASHPDA has no authority to review and… |
| 11.0107 ASHCC review. In a parallel manner, § 1524(c) (6) of the Pu… |
| 11.0108 Reports on proposal development. Providers of health services and other person… |
| 11.0109 Letter of intent to file federal funds – application. (a) Prior to the submission of an application… |
| 11.0110 Presubmission conference. If a presubmission conference is scheduled, t… |
| 11.0111 Applications – Submission. Applications for federal funds must be submit… |
| 11.0112 Applications – Noncompeting continuation grants. Applications for noncompeting continuation gr… |
| 11.0113 Applications – Confidential or proprietary information. If an application contains material which the… |
| 11.0114 Applications – Allotment-fund proposals. A proposal for using funds available from a t… |
| 11.0115 Notice of review – Deadline – Content. (a) Within 7 days of receipt of an applicatio… |
| 11.0116 Notice of review – Medium. Written notification to affected members of t… |
| 11.0117 Time allowed for review – Submissions near funding deadlines. (a) The ASHPDA will be allowed at least 60 da… |
| 11.0118 Plan implementation committee comment. The ASHPDA will submit copies of each applica… |
| 11.0119 Coordination with certificate of need reviews. To the extent possible, and whenever appropri… |
| 11.0120 Notice of review findings. (a) The ASHPDA will mail, no later than the c… |
| 11.0121 Appraisal of applicants and others – Reports of reviews – Public access. (a) Applicants and other persons subject to A… |
| 11.0122 Public hearing. (a) The ASHPDA shall provide for a public hea… |
| 11.0123 Scope of review – Substantial conformance principle – Criteria use. (a) The role of the ASHPDA under § 15 13(e) o… |
| 11.0124 Criteria. The criteria adopted by the ASHPDA are: (1) H… |
| 11.0125 Funding despite disapproval – Review requirement. If the ASHPDA, in accordance with the applica… |
| 11.0126 Funding despite disapproval – Review requests. To be effective, a request for review of an A… |
| 11.0127 Funding despite disapproval – Explanation. The Secretary may make such federal funds ava… |
| 11.0128 Rules amendment – Notice. When upon its own initiative the ASHPDA propo… |
| 11.0129 Rules amendment – Comment period. Interested persons will be allowed 30 days fr… |
| 11.0130 Rules amendment – Distribution of proposals. Copies of the proposed procedures and criteri… |
| 11.0131 Rules amendment – Adoption. When the period for public comment has expire… |
| 11.0132 Rules amendment – Distribution after adoption. Adopted procedures and criteria will be distr… |
| 11.0133 Appendix A noncode status. Appendix A is not a part of this code since t… |
| 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… |
| 11.0301 Uninsured hospital and medical charges-Authority. The rule codified in this section and 11.0302… |
| 11.0302 Uninsured hospital and medical charges-Designated. (a) Charges for patients for hospital and med… |
| 11.0303 Insured hospital and medical charges-Authority. The rule codified in this section and 11.0304… |
| 11.0304 Insured hospital and medical charges-Designated. (a) Charges for patients at the LBJ Tropical… |
| 11.0310 Restriction to unavailable services. Only patients in need of medical services tha… |
| 11.0311 Qualifications. To qualify for off-island medical referral, t… |
| 11.0312 Authorization and processing. (a) The chief of service immediately concerne… |
| 11.0313 Transportation from airport to hospital-Ambulance. When an ambulance is necessary to transport a… |
| 11.0314 Transportation from airport to hospital-Directness of travel. It is imperative that the patient proceed dir… |
| 11.0315 Medical attendants-Children’s parents or guardians. As a general rule, the American Samoa Governm… |
| 11.0316 Care without referral. (a) Except as officials and employees of the… |
| 11.0317 Applicability of provisions to Letterman Army Medical Center. The references to Tripler Army Medical Center… |
| 11.0318 Care in private institution. If the patient chooses to go to a private hea… |
| 11.0401 Definitions. The following definitions apply throughout th… |
| 11.0402 Recruitment and Placement. In filling vacancies within the career servic… |
| 11.0403 Responsibility. A. The Chief Executive Officer (CEO) has prim… |
| 11.0404 Filling Vacancies. A. Vacancies can either be filled competitive… |
| 11.0405 Recruitment. A. In filling vacancies competitively, all re… |
| 11.0406 Applications. A. All applications shall be on a form prescr… |
| 11.0407 Cause for Disqualification of an Applicant. The Human Resources Manager is expected to fo… |
| 11.0408 Notice of Disqualification. A. An applicant may be disqualified and not p… |
| 11.0409 Examination. A. The Chief Executive Officer or his designa… |
| 11.0410 Registers. A. The following types of registers shall be… |
| 11.0411 Certification. A. Requests for certification will submitted… |
| 11.0412 Types of Appointments. The following types of appointments exist wit… |
| 11.0413 Types of In-Service Placements. The following types of in-service placement e… |
| 11.0414 Employment of More than one Person in the same Family. In all recruitment and placement activities,… |
| 11.0415 Effective Dates of Actions. The official effective date for all recruitme… |
| 11.0416 Classification and Pay. In keeping with the Code of American Samoa, i… |
| 11.0417 Upgraded Level. The classification and compensation plan prov… |
| 11.0418 Entrance Salary Rates. A. Entrance salary rates for positions on the… |
| 11.0419 Reinstatement. Upon reinstatement, an employee with one year… |
| 11.0420 Periodic Step Increments. Employees who serve under appointments withou… |
| 11.0421 Promotions. Promotion policies that are in effect such an… |
| 11.0422 Projection of Compensation. Salary adjustments shall be handled as indica… |
| 11.0423 Overtime Compensation & Compensatory Time Policy. A. Permanent, probationary, emergency and tem… |
| 11.0424 Hours of Work, Leave, and Absence from Duty. It is recognized by the LBJ-American Samoa Me… |
| 11.0425 Responsibility. A. The Human Resources Division is responsibl… |
| 11.0426 Hours of Work. Except as provided in (Section 8.2 (Furlough)… |
| 11.0427 Holidays. A. The following public holidays are designat… |
| 11.0428 Determining Holidays. A. When a holiday falls on one of the employe… |
| 11.0429 Holidays During Leave Without Pay. An employee who would otherwise be entitled t… |
| 11.0430 Accrual of Leave During Pay Periods. A. Full bi-weekly pay period. An employee sha… |
| 11.0431 Annual Leave. A. Such leave is authorized absence from duty… |
| 11.0432 Sick Leave. A. Absence of an employee from duty with pay… |
| 11.0433 Leave Without Pay. A. Leave without pay is a temporary absence f… |
| 11.0434 Maternity Leave. A. Maternity leave, a period of approved abse… |
| 11.0435 Military Leave. A. General Provisions – a full-time employee… |
| 11.0436 Court Leave. A. Court leave is authorized absence, without… |
| 11.0437 Excused Absence. A. Excused is absence from duty, duly authori… |
| 11.0438 Administrative Leave. A. Administrative leave is proclaimed by the… |
| 11.0439 Unauthorized Absence. Unauthorized absence shall be treated as abse… |
| 11.0440 Conduct of LBJ-ASMCA Employees. A. It is the policy of LBJ-ASMC to urge its c… |
| 11.0441 Separation and Adverse Actions. It is the policy of the LBJ-American Samoa Me… |
| 11.0442 Voluntary Separation. A. Resignation – An employee has the right to… |
| 11.0443 Involuntary Separation. A. Temporary Employees. 1. Employees who are… |
| 11.0444 Demotion. Any personnel action resulting in the reducti… |
| 11.0445 Suspension. A. Any employee serving under an appointment… |
| 11.0446 Letter of Reprimand. A. Authority and Preliminary Investigation –… |
| 11.0447 Voluntary Reassignment. A. When the Chief Executive Officer concurs w… |
| 11.0449 Hearings Before the Governing Board of Directors. A. When an employee fails to report for duty… |
| 11.0450 Standard Schedule of Disciplinary Offenses and Penalties. Hearing before the Governing Board of Directo… |
| 11.0451 Appeals and Grievances. A. General Statement – The Standard Schedule… |
| 11.0452 Appeals. Any permanent career service employee may app… |
| 11.0453 Grievances. A. All appeals must be made in writing and st… |
| 11.0454 Reduction in Force. A.The LBJ American Samoa Medical Center Autho… |
| 11.0455 Furlough. A.Employees may be separated in accordance wi… |
| 11.0456 Appeals. A. A furlough is normally a Reduction-In-Forc… |
| 11.0457 Contract Specialist. A permanent employee officially notified of a… |
| 11.0458 Contract Recruitment. Contract Specialists are not part of the care… |
| 11.0459 Contract Compensation. A. All vacant positions within the LBJ Americ… |
| 11.0460 Contract Expiration. A. Compensation for positions filled by contr… |
| 11.0461 Contract Renewal. At the expiration of a contract, every effort… |
| 11.0462 Miscellaneous. A. Contract renewal is the prerogative of man… |
| 11.0463 Travel Policy. A. Since the basis for most benefits for a co… |
| 11.0464 Travel Approval. It is the policy of the LBJ American Samoa Me… |
| 11.0465 Travel Arrangements. For employees contemplating travel on LBJ-ASM… |
| 11.0466 Travel Allowance. Once travel is approved by the Chief Executiv… |
| 11.0467 Travel Report. As soon as the air fare cost is determined an… |
| 11.0468 An Oral Report. Upon the return of the employee from LBJ-ASMC… |
| 11.0468 Travel for Board Members and Chief Executive Officer. Travel for the Chief Executive Officer and Bo… |
| 11.0488 Abandonment of Position. A trip report at the following Board Meeting… |
| 11.0501 Purpose. A. LBJ promulgates this Program in order to p… |
| 11.0502 Scope. This policy applies to all Employees of LBJ,… |
| 11.0503 Definitions. For the purposes of this Program, the followi… |
| 11.0504 Prohibitions. The following are prohibited actions for Empl… |
| 11.0505 Types of Testing. A. To use any of the following illegal drugs… |
| 11.0506 Applicant Drug Testing. An applicant for a Testing-Designated Positio… |
| 11.0507 Occurrence Drug Testing. Drug and alcohol tests are required as soon a… |
| 11.0508 Random Drug Testing Requirements and Identification of Testing Designated Position. A. Each year at least 25 percent (25%) of the… |
| 11.0509 Reasonable Suspicion Testing. A. An Employee may be tested for the improper… |
| 11.0510 Call Back Duty. Employees who are called in to work outside o… |
| 11.0511 Return to Duty Testing. Whenever an Employee is referred to a Substan… |
| 11.0512 Follow-Up Testing. Any Employee who the SAP determines as needin… |
| 11.0513 Alcohol and Drug Testing Procedures. A. All drugs and alcohol tests and procedures… |
| 11.0514 Drug Testing – Confirmation Test. Employees with negative test results will not… |
| 11.0515 Alcohol Testing – Initial Screening Test. LBJ may use alcohol saliva swab test methodol… |
| 11.0516 Alcohol Testing – Confirmation Test. An evidential breath testing (EBT) device app… |
| 11.0517 Collection of Samples – Privacy. Procedures for providing urine specimens must… |
| 11.0519 Result, Medical Review. All test results shall be submitted for medic… |
| 11.0520 Action – Positive Test. A. When an Applicant for employment has been… |
| 11.0521 Release of Information. Except as provided by law or regulation, neit… |
| 11.0601 Short Title. The policies codified in this chapter shall b… |
| 11.0602 Authority. The rules in this policy are promulgated purs… |
| 11.0603 Purpose. The purpose of this policy is to prescribe un… |
| 11.0604 Definitions. As used in this policy, the words or acronyms… |
| 11.0605 Applicability. A. Except as otherwise specified by law this… |
| 11.0607 Centralization of Procurement Authority. Except as otherwise provided by law or execut… |
| 11.0608 Chief Procurement Officer. A. Location. The LBJ Chief Procurement Office… |
| 11.0609 Centralized Procurement Authority. Delegation of Authority. The LBJ Chief Procur… |
| 11.0610 Coordination. Under procedures adopted by the CPO, and exce… |
| 11.0611 Duties of the Attorney General. A. The Attorney General, or such officer as t… |
| 11.0612 Duties of the LBJ Chief Procurement Officer. A. The LBJ Chief Procurement Officer shall, o… |
| 11.0613 Duties of the LBJ Chief Financial Officer. A. The Chief Financial Officer shall certify… |
| 11.0614 Definitions. As used in this article, the following defini… |
| 11.0615 Methods of Source Selection. A. It is the policy of LBJ Tropical Medical C… |
| 11.0616 Small purchases. Any procurement not exceeding $10,000, includ… |
| 11.0617 Noncompetitive Bidding. Contracts shall be awarded by competitive sea… |
| 11.0618 Invitation for bids. A. An invitation for bids shall be issued and… |
| 11.0619 Rejection Of Bid. A. A bid may be rejected for any of the follo… |
| 11.0620 Correction of Bid. A. Correction or withdrawal of inadvertently… |
| 11.0621 Withdrawal of Bid. Withdrawal of a bid shall only be permitted w… |
| 11.0622 Cancellation Of Awards. Cancellation of awards or contracts shall onl… |
| 11.0623 Awarding of Contract. A. A contract shall be awarded with reasonabl… |
| 11.0624 Competitive Negotiation. A. Contracts may be awarded by competitive ne… |
| 11.0625 Clauses Required By Section 7.01. A. Public notice shall be made in accordance… |
| 11.0626 Noncompetitive Condition. A. Conditions for use. Contracts may be award… |
| 11.0627 Emergency Procurement. A. Conditions for use. Not withstanding any o… |
| 11.0628 Sole Source Procurement Of Medical And Pharmaceutical Supplies. A. The Medical Supply Officer is authorized t… |
| 11.0629 Cancellation of Solicitation. An invitation for bids or requests for propos… |
| 11.0630 Qualifications and Duties. A. Responsibility factors. To be determined r… |
| 11.0631 Prequalification. Prospective suppliers of goods or services ma… |
| 11.0632 Types of Contracts. A. Use of cost-plus-a-percentage-of-cost and… |
| 11.0643 Fiscal Responsibility. Every contract modification, change order, or… |
| 11.0644 Architect – Engineer Services. A. Applicability. Architect-engineer services… |
| 11.0645 Required contract Provisions. The following clauses shall be included in al… |
| 11.0646 Duties of the LBJ Chief Procurement Officer. The LBJ Chief Procurement Officer may promulg… |
| 11.0647 Policy. It shall be the policy of LBJ to use its proc… |
| 11.0648 Definitions. As used in this article, the following defini… |
| 11.0649 Local Bidder Preference and Evaluation. A. For construction procurement where the con… |
| 11.0650 Responsibilities. The LBJ Chief Procurement Officer and other o… |
| 11.0651 Contract File Documentation. For each contract awarded, an official contra… |
| 11.0652 Disputes and Appeals. A. Definition. “Dispute” means any disagreeme… |
| 11.0653 Ethical Conduct Standard For LBJ Employees And Contractors. Public employment is a public trust. In gover… |
| 11.0654 Definitions. As used in this article, the following defini… |
| 11.0655 Standards of Ethical Conduct. A. Ethical Standards for Employees. Any attem… |
| 11.0656 Prohibition Against Gratuities and Kickbacks. A. It shall be a breach of ethical standards… |
| 11.0657 Prohibition Against Contingent Fees. A. It shall be a breach of ethical standards… |
| 11.0658 Restrictions On Employment. A. Present employees. It shall be a breach of… |
| 11.0659 One Year Representation Restriction Regarding Matters For Which A Former Employee Was Officially Responsible. It shall be a breach of ethical standards for… |
| 11.0660 Disqualification Of Business When An Employee Has A Financial Interest. It shall be a breach of ethical standards for… |
| 11.0661 Selling To LBJ Within 6 Months After Termination Of Employment Is Prohibited. It shall be a breach of ethical standards for… |
| 11.0662 Policy. A. Collusion or secret agreement between bidd… |
| 11.0663 Prohibition Against Employee Use And Contractor Acceptance Of Purchase Requisitions. A. Only valid purchase orders and contracts a… |
| 11.0664 Civil Penalties. A. An employee who violates a provision of th… |
| Appendix A – Termination for Convenience (a) The government may terminate performance… |
| Appendix B1 – Termination for Default (Construction) If the con tractor re fuses or fails to prose… |
| Appendix B2 – Termination for Default (Goods and Services) (1) Default. If the contractor refuses or fai… |
| Appendix C – Equal Opportunity (The following clause is applicable unless th… |
| Appendix D – Anti-Kickback Statute The contractor shall comply with the Copeland… |
| Appendix E – Davis-Bacon Act The following clause must be included in all… |
| Appendix F – Contract Work Hours and Safety Standards Act – Overtime Compensation This contract, to the extent that it is of a… |
| Appendix G – Clean Air and Water (a) ” Air Act, ” as used in this clause, mean… |
| Appendix I – Examination of Records The contractor agrees that the contracting of… |
| Appendix J – Patents The contractor shall hold and save the govern… |
| 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… |