Chapter 03 - Medical Treatment

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…