Chapter 02 — Need For Health Facilities and Services

The rules in this chapter are set forth for the purpose of interpreting and implementing 13.0106(5) and 13.02 A.S.C.A., the principal provisions of which confer responsibility upon the territorial health planning and development agency for making determinations of need for health…

The rules codified in this chapter are promulgated under authority of 13.0204 A.S.C.A. History: Rule 8-79, eff 16 Jul 29, Det. of Need Rules and Proc. § 2.

The rules set out in this chapter shall be known, and may be cited, as “American Samoa Determination of Need Rules and Procedures.” History: Rule 8-79, eff 16 Jul 79, Det. of Need Rules and Proc. § 3.

The rules in this chapter shall govern determinations of need in every instance where, under 13.0102(5) A.S.C.A., the territorial health planning and development agency has jurisdiction to determine the need for any health care facility or any part or service of any such facility…

Under the provisions of 13.0205 A.S.C.A., no person or organization, public or private, in the territory of American Samoa may make a substantial change in any health care facility or the services offered therein unless the agency has determined that there is a need for such subs…

(a) Notice is given that any person submitting an application for determination of need to the agency for filing shall be deemed, by virtue of such actions? to submit to the jurisdiction of the agency under this chapter. (b) Persons desiring a ruling as to the applicability of 13…

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 th…

Any period of time specified in. this chapter or otherwise in connection with the determination of need program shall include every calendar day, whether the offices of the agency are open on that day or not; except, that when the last day of the period falls on a day when the of…

Any forms or application instruction or procedures prepared in accordance with this chapter shall be available upon request made in person or in writing to the director or assistant director of territorial health planning and development, L.B.J. Tropical Medical Center. Any revis…

(a) Prior to the filing of an application, verbal and written communications between a potential applicant and the staff of the agency or members of the review board shall be freely permitted. All applicants are urged to discuss any proposed projects with the agency staff early i…

The agency, at its health planning office, shall maintain a file, open to public inspection, which shall contain all records of a public nature concerning every application for a determination of need. History: Rule 8-79, eff 16 Jul 79, Det. of Need Rules and Proc. § 9.1.

(a) Each of the following documents relating to an application for a detem1ination of need shall be treated as a public record: (1) A notice of intent; (2) An application for detem1ination of need; (3) Any amendment to an application; (4) Comments and recommendations of the revie…

The agency shall inform all agencies of government mentioned under 13.0206 ASCA (including the department of manpower resources) of their respective responsibilities in the enforcement of provisions of the act and this chapter. History: Rule 8-79, eff 16 Jul 79, Det. of Need Rule…

The agency shall compile a report annually which shall describe any reviews being conducted and their status and shall list all reviews completed since the last published report and a general statement of the findings and decisions made in the course of these reviews. These repor…

The health planning and development agency has been specified as the agency to administer the territorial certificate of need program of PL 16-26 and shall assure that all applications for certificate of need are reviewed by its review board in an unbiased manner according to pro…

(a) The agency is located in the administrative wing of the L.B.J. Tropical Medical Center in Faga’alu. (b) The address of the agency is State Health Planning and Development Agency, L.B.J. Tropical Medical Center, Pago Pago, American Samoa,96799. (c) The agency telephone number …

(a) The review board members shall be appointed for a tem1 of 3 years and shall include, but need not be limited to: (1) the director of health planning and development (executive director of the council); (2) the chairman of the council; (3) the chairman of the senate committee …

(a) The review board is the body of the agency authorized to perform the determination of need function of 13.0205 ASCA. (b) The function of the review board shall be to review applications for certificate of need. In reviewing such applications, the review board shall follow suc…

The following conflict-of-interest provisions shall prevail concerning the conduct of review by the review board: (a) No staff member of the agency may develop any proposal to be reviewed under the review process described in this chapter nor act as representative of, nor on beha…

Any person or organization intending to initiate a health facilities construction project or substantial change in institutional health services shall file a notice of intent with the agency at the office of territorial health planning and development no less than 14 days prior t…

(a) Every notice of intent filed under 11.0220 shall be entitled “Notice of Intent for Health Facilities or Services Project” and shall contain at least the following information: (1) Name and address of person or organization giving notice; (2) Location and brief description of …

Upon receipt of a notice of intent which meets the requirements of 11.0221, the agency shall, within 14 days, acknowledge receipt of such notice and its acceptability, in writing, to the person filing such notice and shall provide such forms and other information as is necessary …

The agency shall provide technical assistance to applicants for determination of need upon request, within the limitations of agency capabilities and resources. Such technical assistance shall be in the nature of: (1) interpretation of determination of need procedures and criteri…

The agency, at the request of an applicant for determination of need or upon its own initiative, may meet with an applicant to discuss an intended project and its relationship to the goals, objectives, and priorities established by the territorial health plan and annual implement…

Every person, organization or government agency seeking a determination of need shall submit an application therefor, in an original and 3 copies, to the territorial health planning and development agency. History: Rule 8-79, eff 16 Jul 79, Det. of Need Rules and Proc. § 14.1.

An application shall be one of the following two types: standard review application or emergency review application. If during the course of any emergency review, the agency determines that the true nature of the project requires a standard review, the applicant shall be so notif…

The agency may accept an application for emergency review if it determines that an emergency situation exists requiring the project to prevent the occurrence of damage to, or further damage to, the public health or a health care facility. History: Rule 8-79, eff 16 Jul 79, Det. o…

The agency shall develop and make available upon request, forms and applications, and abbreviated forms for emergency review applications. The forms shall include such instructions as are necessary to inform applicants of the information required to complete an acceptable applica…

Upon receipt of an application for determination of need, the agency staff shall evaluate the application for acceptability according to the information requirements prescribed and published for such application. The applicant shall be notified within 14 days of any deficiencies …

Every applicant shall be given notice that the responsibility for justifying the need for the proposed project lies with the applicant, not the agency staff or the review board. The applicant should submit with his application whatever additional evidence he wishes to place befor…

Instead of using the application forms referred to in 11.0228, any person or organization may, in an emergency situation described in 11.0227, make application for a determination of need by filing with the agency a letter stating the identity of the applicant, the nature of the …

Any applicant may amend or submit additional supportive information for any application if submitted to the agency within 14 days after filing the application. If such amendment or additional information constitutes an increase in the maximum estimated capital expenditures for th…

Any applicant for determination of need may, at any time, by written notice to the agency, withdraw an application filed under this chapter. History: Rule 8-79, eff 16 Jul 79, Det. of Need Rules and Proc. § 17.

The agency shall afford a reasonable opportunity for public comment on any standard review application for determination of need and shall consider any such comments received, before it acts on any such application. Reasonable opportunity for comment may include a public hearing …

Written notification of the beginning of a review shall be hand delivered to the applicant. Such written notification and public notice of the beginning of a review shall include, at a minimum: (1) notification of the proposed schedule for the review; (2) notification of the peri…

The agency shall order a public hearing on an application upon written request of the applicant or any bona fide resident of American Samoa or whenever, in its opinion, a public hearing would aid the staff or review board in carrying out their duties; provided, that such request …

(a) Any person may, for good cause shown, request, in writing, a public hearing for purposes of reconsideration of a finding of the agency. Such requests must be received by the agency within 30 days of publication of the notice of the finding of the agency. (b) Good cause shall …

The agency shall send to the person requesting the hearing, the applicant, and others upon request, written notification of the time, place, and nature of any public hearing to be held under 11.0236 or 11.0237. Such notice shall also be published in at least one weekly newspaper …

A public hearing ordered upon request under 11.0236 shall be held not more than 30 days after it is requested. A public hearing ordered by the agency may be held at any time. If feasible, every public hearing shall be held at a location sufficient in size to accommodate all inter…

A designated representative of the agency shall be responsible for the conduct of any public hearing, including setting the permissible length of presentation, arranging the order of presentations, and serving as presiding officer. An opportunity shall be provided for any person,…

(a) The staff of the agency shall summarize the comments given at each public hearing; except, that a summary of the applicant’s comments shall. not be required. It shall be the duty of the applicant to file any comments he or she wishes to enter in the record in writing to the a…

The agency staff shall prepare a written report on every application for determination of need; provided,that such staff report may be dispensed with in the case of emergency applications filed pursuant to 11.0227. History: Rule 8-79, eff 16 Jul 79, Det. of Need Rules and Proc. §…

The staff report on each standard application shall contain at least the following : (1) A description of the project applied for, with a summary of any supporting material filed by the applicant; (2) A summary of all comments filed in timely and proper manner by the applicant or…

(a) The staff report shall be placed in the public file on the application and copy sent to the applicant to the members of the review board at least 14 days before the board meeting to consider such application. (b) The applicant or any other affected person shall have the right…

An applicant for determination of need may seek to convince the review board of the appropriateness of taking favorable action on its application in the following ways: (1) by submitting material supporting its application under 11.0228, 11.0230, or 11.0232; (2) by requesting a p…

The agency shall take final action and document such action in writing under 11.0257 through 11.0265 on every application for determination of need within 90 days after notification of the beginning of the review. A failure to take final action within 90 days of notification shal…

Except in the case of an emergency application, the agency shall not act on an application under 11.0257 through 11.0265 unless : (1) the application and any amendments thereto have been on file with the agency at least 20 days after public notification of the filing of such appl…

The review board shall meet upon the call of the chairman. Meetings shall be announced at least 7 days in advance and shall be open to the public and the press. The chairman or his designee shall preside at every meeting of the review board. When a designee of the chairman presid…

Notice of any meeting of the review board shall be transmitted to each member of the board at least 7 days prior to each meeting, together with a copy of the staff report on the application to be considered, if any, and any comments on the application or staff report from the app…

Any standard review of an application for determination of need by the; review board shall be conducted in accordance with the following procedures: (a) Staff Presentation. Unless the chairman directs otherwise, consideration shall begin with an oral presentation by the agency st…