Chapter 02 — Need For Health Facilities and Services

Following every meeting at which the review board acts upon an application, the chairman shall cause such action, and the reasons therefor in the case of final action, to be reduced to a written statement. The chairman may, within his discretion, consult with members of the revie…

The review board, upon consideration of an application on its agenda, may, when it considers final action inappropriate, by motion duly made, seconded, and voted, take preliminary action thereon. History: Rule 8-79, eff 16 Jul 79, Det. of Need Rules and Proc. § 24.1.

As preliminary action upon an application, the review board may: (1) notify the applicant and all other participants in the proceeding of its intent to resume consideration of the application at a subsequent meeting; (2) direct the staff to conduct further review of the applicati…

The review board, upon consideration of an application on its agenda, may, by motion duly made, seconded, and voted, dismiss such application without making a determination of need or lack of need. History: Rule 8-79, eff 16 Jul 79, Det. of Need Rules and Proc. § 25.1.

No application shall be dismissed except on one of the following grounds : (1) The applicant has failed to file a notice of intent to apply; (2) The applicant has made an improper communication to any review board member or staff member, as under 11.0210, or has sought to exert u…

The review board may dismiss such application with or without prejudice to submission of a new application, as it deems appropriate. Every dismissal shall be reduced to writing and shall set forth the reasons therefor. History: Rule 8-79, eff 16 Jul 79, Det. of Need Rules and Pro…

Within 90 days of the filing of a standard review application for determination of need unless such application is not acceptable under the requirements of 11.0228 through 11.0231, or is sooner dismissed (see 11.0254,11.0255, and 11.0256), the review board shall, by motion duly m…

In making determinations of need, the review board shall have as its objective the appropriate allocation of ASG and federal health care resources and the development of improved systems of delivering health care services so that adequate health care services will be reasonably a…

(a) In taking final action under this chapter, the review board shall not make a determination of need on any application for proposed new institutional health services or facilities for inpatients unless it first makes each of the following findings in writing (such findings sha…

(a) In addition to the mandatory findings required by 11.0259, the review board shall consider such of the criteria set forth in 11.0261, 11.0262, and 11.0263 as it deems relevant to making an appropriate determination of need on a particular application. (b) A finding adverse to…

Criteria for determining need for health care services and equipment : (1) Targeting to Needs. The proposed service (equipment) is aimed at a specific unmet or inadequately met community health need; (2) Benefit Potential. The proposed service (equipment) has potential for improv…

Criteria for determining need for new health care facilities to house new services : (1) Service Need.The service to be housed by the facility has been determined to be needed according to 11.0261; (2) Plan Conformance. Conformance of the proposed facility with the Territorial Me…

Criteria for determining need for new facilities to house existing health services: (1) Other New Facilities Criteria. Criteria set forth in 11.0262; and (2) Unsuitability to Needs and Alternatives to Construction. Existing physical facility is unsuited for the service needs -fea…

(a) The sole responsibility for demonstrating the need for any proposed project of an application for determination of need shall lie with the applicant. (b) In making determinations under this chapter, the review board shall rely upon such vital statistics and other demographic …

(a) The agency director, acting on the findings of the review board, shall issue a certificate of need to each applicant where application has received a positive determination of need by the review board. No certificate of need may be issued unless the review board has determine…

Determinations of need and certification thereof shall be valid for 1 year. The review board, for good cause shown and not otherwise, may, in writing, grant an extension of the period of validity. Such determinations of need shall be valid only for the scope of the project for wh…

(a) Whenever the review board takes preliminary or final action upon an application for determination of need, it shall be the responsibility of the chairman to send appropriate notice in writing to the applicant and the council. In the case of final action taken, such notice sha…

(a) The review board is authorized to revoke a determination of need for failure of an applicant to comply with all terms and conditions of the determination of need established in accordance with 11.0266. If the chairman of the review board has reason to believe that a determina…

(a) Any determination of need or lack of need made pursuant to the act and this chapter is subject to review by the appeals board established by the act in the manner and under the terms set forth in 13.0211 and 13.0212 ASCA. (b) Any appeal must be made to the appeals board withi…

Any applicant for determination of need aggrieved by the action of the review board in denying acceptance of an application or by dismissal of an application, or by a determination of lack of need upon an application, may be afforded an opportunity for administrative review withi…

This section through 11.0274 govern the procedure to be used to adopt, amend, or repeal agency rules. History: Rule 8-79, eff 16 Jul 79, Det. of Need Rules and Proc. § 31.1.

When upon its own initiative the agency proposes to adopt, amend, or repeal a rule, a notice of proposed rulemaking will be published, in a territorial newspaper of general circulation, stating that new/revised procedures and/or criteria have been proposed for adoption and that t…

(a) Requirement. A public hearing will be held for all proposed issuance, amendment, or repeal of rules initiated by the agency. (b) Presiding Officer and Conduct. Each such hearing will be conducted by the director of health planning and development or an authorized representati…

(a) Copies of the proposed rules will be sent to all territory-wide health agencies and organizations and to the council at the time of notice of public hearing. Comments will be received in writing by the agency for 7 days following the conclusion of the public hearing (b) Copie…

(a) All providers of health services, and other persons or organizations subject to the provisions of 13.0205 (a) ASCA shall submit to the agency periodic written reports respecting the development of projects or services subject to review. (b) Such reports shall be submitted at …

The agency will inform all persons or organizations under 11.0275 of the requirement for submission of periodic reports initially, and will send reminders to each 1 month before such reports are due. History: Rule 8-79, eff 16 Jut 79, Det. of Need Rules and Proc. § 32.2.

The initiation or implementation of any of the specified health care services, as shown below, which have not been previously provided by the health care facility will require a certificate of need. (a) Bed-related. (1) (A) Medicine: Allergy Anesthesiology Dermatology Endocrinolo…

Notification is hereby given that the Review Board, of the Territorial Health Planning Agency of American Samoa, acting under the authority invested in it by P.L. 15-66 and the rules promulgated by the Agency for implementing said law, after due consideration of the information p…

AMERICAN SAMOA HEALTH PLANNING AND DEVELOPMENT AGENCY L.B.J. TROPICAL MEDICAL CENTER FAGA’ALU DETERMINATION OF NEED FORM 100 A. This form is being submitted for ________ Application for determination of need ________ Notice of Intent for Health Facility or services Project B. Nam…

(a) Building Services Equipment: Electric lighting and power feed wiring: Conduit and wiring Fixtures Transformers Switch gear. Central television antenna systems. Clock systems. Communications. Heating, ventilating, and air conditioning systems: Air conditioning systems: (all eq…

Air conditioners. Analyzers, gas. Ambulance. Anesthesia units. Audiometers. Auto-analyzers. Autoclaves. Automobiles, delivery. Automobiles, passengers. Bain maries. Balances. Basal metabolism units. Bassinets, heated. Baths, paraffin. Beds, electric. Beds, manual. Biochemical ana…