American Samoa Administrative Code

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.

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…

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…

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…

(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…

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…

The rule codified in this section and 11.0302 ASAC is adopted under authority of 13.0601 and 13.0602 ASCA. History: Rule 5-81, eff26 May 81, (part); repealed and replaced by Rule 15-83, eff17 Aug 83, §§ I and 2 (part); repealed and replaced by Rule 1-84, eff16 Feb 84. §§ 1 and 2 …

(a) Charges for patients for hospital and medical services not covered by insurance who are entitled to medical attention free of charge under 13.0601 ASCA are as follows: (1) A charge of $7.50 per inpatient day for the use of facilities at the LBJ Tropical Medical Center; and (2…

The rule codified in this section and 11.0304 ASAC is adopted under authority of Article IV, Section 6 of the Revised Constitution of American Samoa. History: Rule 4-82, eff 13 June 82, § I; and Rule 4-83, eff 25 Apr 83, §1.

(a) Charges for patients at the LBJ Tropical Medical Center for hospital and medical services covered by insurance or payable under health care programs of the United States Government applicable to American Samoa are as follows: (1) An all-inclusive charge of $201.00 per inpatie…

Only patients in need of medical services that cannot be provided at the LBJ Tropical Medical Center will be referred for off-island medical care. History: Rule 7-80, eff 24 Jun 80, § 1.

To qualify for off-island medical referral, the patient must come within one of the categories set forth in 13.0601 (a) ASCA. These categories include: (1) American Samoans, as defined in 41.0202(1)(c) ASCA, and their spouses and dependent children who are residing in American Sa…

(a) The chief of service immediately concerned rills out an off-island medical referral form and sends it to the office of the director of health. (b) The medical referral committee (chiefs of various services) will meet to review each proposed referral case, and after discussing…

When an ambulance is necessary to transport a patient from the Honolulu International Airport to the Tripler Army Medical Center, prior arrangements will be made by the director’s office, by telephone or telex, for the TAMC ambulance to meet the patient. The American Samoa Govern…

It is imperative that the patient proceed directly from the Honolulu International Airport to the Tripler Army Medical Center, Patients must not be transported to the homes of relatives or friends and subsequently transported to TAMC, History: Rule 7-80, eff 24 Jun 80. § 5.

As a general rule, the American Samoa Government will not pay the airfare, room, or meals for relatives or friends to accompany the patient. If the patient’s condition requires a medical attendant in transit, the department of health will provide a qualified nurse or physician to…

(a) Except as officials and employees of the American Samoa Government in official travel status may be authorized, the American Samoa Government will not pay for the medical care of any patient who presents himself to the Tripler Army Medical Center or any other health care inst…

The references to Tripler Army Medical Center in this article shall apply in the same manner in the event of referral to Letterman Army Medical Center in San Francisco. History: Rule 7-80, eff 24 Jun 80, § 8.

If the patient chooses to go to a private health care institution, the American Samoa Government will pay no more than the Tripler Army Medical Center rate. The government will not make any agreement to pay the excess amount while the patient pays back on any installment plan. Th…

The following definitions apply throughout this Manual unless clearly indicates another meaning: ABANDONMENT OF POSITION – Failure of an Employee to report for duty or to return from leave for five or more consecutive work days. ACCRUED LEAVE – Leave earned by an employee during …

In filling vacancies within the career service of the American Samoa Medical Center Authority, it is the policy of LBJ-ASMC Authority that: A. Appointments and promotions to all positions shall be made solely on the basis of merit, fitness, and experience. B. The same standards a…

A. The Chief Executive Officer (CEO) has primary responsibility for establishing and administering procedures for filling vacancies in compliance with U.S. Civil Service Commission and American Samoa Government laws and regulations. However, all employees and supervisors share re…

A. Vacancies can either be filled competitively or non-competitively, competition procedures apply to the following types of actions: 1. Selection of a non-ASMC Authority employee to either a permanent or temporary appointment. 2. Promotion of an employee in the career service ex…

A. In filling vacancies competitively, all recruitment efforts shall be conducted publicly in any manner which will attract a sufficient number of qualified persons to meet the needs of the career service. Recruitment will be coordinated through the Chief Executive Officer. Vacan…

A. All applications shall be on a form prescribed by the Human Resources Division. The applicant’s signature shall certify the truth of the stated information. Applications shall remain under active consideration by LBJ-ASMC Authority for one year from the date received. After th…

The Human Resources Manager is expected to follow accepted standards of personnel practice in screening applicants and may refuse to examine an applicant or, after examination, may disqualify such applicant or remove the applicant’s name from a register or refuse to certify any p…

A. An applicant may be disqualified and not permitted to take a vacant position if the applicant has violated any of the provision listed under cause for disqualification. B. The Human Resources Division shall notify a disqualified applicant promptly using the last known address …

A. The Chief Executive Officer or his designated representative shall determine, by uniform standards, the appropriate examination for a register for a class and the tests or combination of tests and relative weights to be assigned, ensuring at all times that the examinations are…

A. The following types of registers shall be established and maintained by the Human Resources Division: 1. Reduction-in-force Register. a. The reduction-in-force register will consist of appropriate classes and the names of all employees who have permanent status and have been n…

A. Requests for certification will submitted on the LBJ-ASMC Form 35 by the Human Resources Manager to the Chief Executive Officer when filing vacancies in existing or newly allocated positions. B. Upon receipt of a request for certification, the Chief Executive Officer shall cer…