Title 13 — Health and Economic Welfare Services

American Samoa Medical Center, hereinafter “Medical Center” is established as an independent agency of the Executive branch of the American Samoa Government. History: 1998, PL 25-20.

The Medical Center has the powers and duties: (1) to provide quality medical attention within the constraints of available resources as required by statute; (2) to operate, manage, and supervise all hospital facilities and functions of the Medical Center; and other medical facili…

(a) The Medical Center shall be governed by a Board of five Directors. (b) The members of the Board of Directors shall be appointed by the Governor and confirmed by the Senate, and may be removed by the Governor only for cause. (c) The Board of Directors shall be constituted as f…

All powers and duties vested in the Medical Center shall be exercised by the Board. In carrying out its functions, the Board shall also: (1) elect officers at its first meeting, including a chairperson, vice-chairperson and others as the Board deems advisable. Thereafter, the Boa…

The Chief Executive Officer shall be responsible for the overall management of the Medical Center’s operations under the direction and control of the Board of Directors. The Chief Executive Officer shall report directly to the Board of Directors. History: 1998, PL 25-20.

The Chief Financial Officer shall be responsible for the financial management of the Medical Center’s operations under the direction and control of the Chief Executive Officer. The Chief Financial Officer shall report directly to the Chief Executive Officer. History: 1998, PL 25-…

The Medical Director shall be a physician who shall be responsible for maintaining the quality of professional medical care provided by the Medical Center. The Medical Director shall report directly to the Chief Executive Officer. For the purposes of this act, a physician is defi…

All officers and employees of the Medical Center other than the Chief Executive Officer, Chief Financial Officer, and Medical Director, are hired and compensated in accordance with the requirement of the American Samoa Government personnel laws, 7.0101 et seq., except that the Bo…

The Medical Center shall establish Medical Center financial accounts. The use of the accounts shall be restricted to transactions authorized by the Medical Center and no funds deposited into the Medical Center accounts may be withdrawn for any other purpose. All revenues generate…

The Medical Center is responsible for the program planning, accounting and financial management of its operations and shall administer all accounting systems, including general ledger, fixed assets, accounts receivable, accounts payable, payroll, revenues, and cash through the Me…

The Medical Center may contract for the procurement of supplies, equipment, materials, personal services, and construction, with any public or private entity upon the terms and conditions it finds necessary to the full and convenient exercise of its purposes and powers, subject t…

The Medical Center shall prepare an annual budget sufficient to support its operations and planned improvements, and to provide basic health care services of acceptable quality and scope. The annual Medical Center budget shall be submitted to the Governor, for submittal to the Le…

The Attorney General of American Samoa, as the attorney for the American Samoa Government, shall represent the Medical Center with respect to all legal matters. The Medical Center at its own discretion may retain the services of a private attorney. History: 1998, PL 25-20.

The Medical Center shall have control of all personal property used in connection with the operations of the existing hospital. The Medical Center shall have the right to occupy all real property currently occupied by the existing hospital, but the authority to control the future…

The Medical Center shall pay all debts and liabilities incurred in its operation. The Medical Center shall itemize all existing debts and liabilities and submit allocated to the Medical Center and which debts should be allocated to the general fund. History: 1998, PL 25-20.

This act is effective immediately upon passage by the Legislature and approval by the Governor, due to the emergency need to satisfy the federal requirements for continued eligibility of American Samoa’s Medicare and Medicaid funding for the LBJ Tropical Medical Center. History: …

Notwithstanding the effective date of this act, the Medical Center shall adopt a transition timetable and schedule for the reasonable and prudent transfer of administrative and financial management functions required by this act. History: 1998, PL 25-20.

This chapter shall be known as, and may be cited as, the American Samoa Public Health Act. History: 2007, PL 30-11.

The purpose of this act is to: (a) Identify and strengthen the public health infrastructure to improve the public’s health; (b) Establish the department’s mission for providing essential public health services and functions through the department and in collaboration with federal…

As used in this act, these terms shall be defined as follows: (1) “Acquire”, “acquired” or “acquisition” means to collect or gain possession or control of. (2) “Act” means the American Samoa Public Health Act. (3) “ALJ” means the Office of the Administrative Law Judge. (4) “Amend…

(a) It is the policy of the department that the health of the public be protected and promoted to the greatest extent possible through the public health system while respecting individual rights to dignity, health information privacy, nondiscrimination, due process, and other leg…

(a) A strong public health infrastructure is needed to achieve the mission of the department and to provide essential public health services and functions, in collaboration with federal agencies, ASG agencies, public and private sector partners and volunteers. (b) Developing a st…

(a) The department shall have general charge, oversight, and care of the public health of the people of the Territory. (b) To carry out the mission of the department and to develop a strong public health infrastructure, the department is authorized to provide or implement essenti…

(a) In carrying out the director and department’s authorized powers, the director and the department shall be guided by the following principles: (1) The exercise of any public health authority or power shall further or support improving or sustaining the public’s health by perfo…

(a) To promote the availability of essential public health services and functions, the department may undertake the development of a comprehensive, Territory-wide public health plan that assesses and sets priorities for the public health system. (b) If the department undertakes t…

(a) The director, or his designee, shall establish a list of reportable diseases or conditions of public health importance. The list may also include diseases or conditions of humans or animals caused by exposure to toxic substances, microorganisms, or any other pathogens. (b) Th…

(a) Every health care provider, physician, pharmacist, laboratory director, coroner, medical examiner, and veterinarian having knowledge of any individual or animal affected by or suspected of being affected by a disease or condition declared reportable by the director shall repo…

(a) Any health care provider, physician, pharmacist, laboratory director, coroner, medical examiner, and veterinarian who refuses, neglects, or fails to report a required disease or condition within the time period specified by the director shall be guilty of a Class A misdemeano…

Upon a complaint made or upon reasonable belief, supported by sufficient facts, that a condition of public health importance is present in any house or elsewhere and has not been reported, the department may make an inspection and investigation for the purpose of discovering whet…

(a) The department may investigate conditions of public health importance through methods of epidemiological investigation. This includes identifying individuals who have been or may have been exposed to or affected by the condition, interviewing and testing those individuals, an…

The department is authorized to compel any individual who has or may have been exposed to a contagious disease that poses a significant risk or danger to others or the public’s health to complete an appropriately prescribed course of medication (including through directly-observe…

(a) The director, or his designee, may order the isolation or quarantine of an individual or group of individuals in compliance with this section. (b) The director shall adhere to the following conditions and principles when isolating or quarantining individuals or groups of indi…

(a) The department shall administer a health information system to collect, use and analyze health, medical and vital information for the Territory. The health information system may include, but is not limited to, identifiable health information, non-identifiable health informat…

(a) Identifiable health information shall not be secretly acquired by the department. (b) The department shall only acquire identifiable health information where: (1) The acquisition relates directly to a public health purpose (including analysis and evaluation of conditions of p…

(a) Identifiable health information shall be used by the department: (1) Solely for public health purposes that are directly related to the purpose for which the information was acquired, including analysis and evaluation of conditions of public health importance and evaluation o…

(a) Identifiable health information is not public information, and may not be disclosed without the written authorization of the individual (or legal representative) who is the subject of the information, except as provided in this act and other controlling law. (b) Any written a…

(a) When the department receives any identifiable health information disclosed from any source including any federal or ASG agency, other than the individual (or legal representative) who is the subject of the information, the department shall take appropriate measures to protect…

(a) Within fourteen days of the receipt of a request to review identifiable health information, the department shall provide the requestor an opportunity during regular business hours to inspect copies of such information in the possession of the department, which concerns or rel…

(a) The department may deny a requestor the opportunity to inspect identifiable health information in the possession of the department or may deny a request for copies of such information if: (1) The department can show by clear and convincing evidence that the review of the iden…

(a) The department shall reasonably ensure the accuracy and completeness of identifiable health information. (b) After inspection or review of copies of identifiable health information, a requestor may request that the department correct, amend, or delete erroneous, incomplete, o…

(a) It is unlawful for any person to create, aggravate, or allow the existence of a public health nuisance. (b) The department may immediately and thoroughly investigate any suspected public health nuisance upon receiving a complaint of its existence or when there is probable cau…

(a) Upon consent of the owner, custodian or occupant, department personnel may enter any property, building or structure at any reasonable time to inspect, investigate, evaluate, conduct tests, or take specimens or samples for testing as may be reasonably necessary to determine c…

(a) The department may require vaccination of any individual within their jurisdictions to prevent the introduction or spread of an infectious disease or other condition of public health importance. The department may make rules requiring and governing immunization against typhoi…

(a) The department may establish and administer testing, examination, and screening procedures or programs to identify conditions of public health importance among individuals or communities in the Territory. (b) In conducting any test, exam, or screening procedure or program, th…

The director shall appoint a suitable number of agents and inspectors to enforce all public health laws and regulations. History: 2007, PL 30-11.

(a) The director may establish voluntary, confidential programs for counseling and referral services (CRS). These services shall be available and easily accessible to all individuals with, or possibly exposed to, a contagious disease as determined by the director. (b) If the dire…

(a) The director, or his designee, may seek to establish working relationships with federal agencies, ASG agencies, public and private sector partners and volunteers to aid and assist in the provision of essential public health services and functions. (b) The director may form an…

For the purpose of carrying into effect this act relating to public health, the department may apportion and disburse all sums of money received including but not limited to sums that are appropriated by the Fono, or granted through federal health grants from the United States Go…

The department shall administer and supervise community health center facilities and functions on Tutuila Island, Manu’a Islands, and Swains Island. The number and location of community health centers, and the scope of services provided shall be determined by the director and the…

(a) The department may declare one or more community health centers as demonstration projects. (b) Other provisions of the American Samoa Code Annotated notwithstanding, the scope of services, standards of quality and performance, degree of autonomy, organization and staffing mod…