The following words or phrases, as used in this chapter, shall have the following meanings unless the context otherwise requires:

(a) “Action” means the issuance of written findings of need or lack of need for a project described in an application for determination of need, by the review board of the agency.

(b) “Agency” means the territorial (state) health planning and development agency of the ASG.

(c) “Appeals board” means the board appointed by the Governor to consider appeals from the rulings of the agency.

(d) “Applicant” means any person, organization, agency, or institution who applies to the agency for a certificate of need under the act.

(e) “Certificate of need” means a written notification from the agency that the review board has determined that there is a public need for a proposed project as described in an application for certificate of need.

(f) “Construction ” means the erection, building, alteration, reconstruction, improvements, renovation, extension, or modification of a health care facility, including its equipment, and the studies, designs, plans, working drawings, and specifications pertaining thereto, and any arrangements or commitments for financing such construction.

(g) “Council ” means the American Samoa health coordinating council of PL 16-26.

(h) “Determination of need ” means a determination by the review board that the proposed health-care facilities project or health-care services change proposed by an applicant for a certificate of need is needed in the territory to further the purposes stated in 13.0101 ASCA, utilizing the criteria adopted under 13.0209.1 ASCA.

(i) “Health care facility and health care service” means any program, institution, place, building, or agency, or portion thereof, including health maintenance organizations, private or public, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care to any person or persons, whether preadmission, outpatient, inpatient or postdischarge care, including but not limited to nursing service, home care nursing, and other paramedical service; ambulance service; mental health and psychiatric service; service provided by an intern, reidentin-training, or physician; laboratory service; medical social service; drugs; biologicals; supplies; appliances; and equipment.

(j) “Review board” means the board established by the act for the purpose of reviewing applications for certificate of need under the requirements of 13.0205 ASCA and this chapter.

(k) “Staff’ means professional personnel of the territorial health planning and development agency.

(l) “Substantial capital expenditure” means the expenditure of a sum of money for a health care facility or its equipment or predevelopment activities which exceeds, or may reasonably be regarded as leading to, an aggregate expenditure for construction in excess of $100,000, or of $50,000 for equipment only for an undertaking sufficiently specific to constitute the subject matter of an application for determination of need under the act.

(m) “Substantial change in services” means an increase, decrease, or modification in the scope or type, rather than degree, of health services provided, including the addition of a service not previously provided within the 12-month period prior to the provision of the service; specifically, the increase or change in the class of usage of the bed complement of a health care facility, or the relocation from one facility to another, which involves 5 or more beds or 5% or more of the total bed complement, whichever is less.

(n) “The act” means PL 16-26 (Chapters 13.01 and 13.02 ASCA).

History: Rule 8-79, eff 16 Jul 79; Det. of Need Rules and Proc. § S.