Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
211.490,
211.492,
211.494,
211.496
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
211.494(8) authorizes the
Department for Public Health to promulgate administrative regulations in
accordance with KRS Chapter 13A to implement a statewide trauma care system.
This administrative regulation establishes the hospital designation process for
Kentucky's trauma system.
Section 1.
Hospital Trauma Center Designation. A hospital shall receive designation as a
trauma center by the Department for Public Health following successful
completion of the verification and review process established in this
administrative regulation and
902 KAR
28:030.
(1)
Hospitals seeking designation in the Kentucky Trauma Care System shall adhere
to:
(a) The criteria established by the
American College of Surgeons Verification Review Committee that is available at
http://www.facs.org/trauma/verifivisitoutcomes.html.
and is included in the Reference Guide of Classification, if the facility is
seeking designation as a Level I, II, or III trauma center; or
(b) The standards for Level IV designation
established in
902 KAR
28:030.
(2) Hospitals in Kentucky that volunteer to
become part of the trauma care system shall make application to the
Commissioner of Public Health using the:
(a)
KYTAC1, Hospital Application for Level IV Verification and Kentucky Designation
as a Trauma Center, if the facility is seeking designation as a Level IV trauma
center; or
(b) KYTAC2, Hospital
Application for Kentucky Trauma Center Designation, if the facility is seeking
designation as a Level I, II, or III trauma center.
(3) Designation shall be for a three (3) year
period following trauma center verification and hospitals shall be reverified
to maintain trauma designation.
(4)
Only hospitals which are designated trauma centers under the provisions of
902 KAR
28:010 through
902 KAR
28:060 shall be recognized by the Commonwealth as
belonging to the Kentucky Trauma Care System and may hold themselves out to the
public as a trauma center.
Section
2. Designation by the Commissioner for Public Health.
(1) The commissioner shall:
(a) Upon receipt of the application and
request to ACS COT, review any ACS COT correspondence regarding the results of
any consultation site visit, or the trauma center verification visit and shall
review a copy of any certificates issued by ACS COT, within thirty (30) days of
receipt of the document at the hospital;
(b) Upon receipt of a copy of the ACS COT
certificate of trauma center designation, issue a certificate of designation in
the Kentucky Trauma Care System; and
(c) Upon agreement of both the applying
hospital and the ACS COT, direct a representative of the department or the
KyTAC to participate as an observer during the site visit.
(2) The state-issued designation certificate
shall be posted in a public area of the hospital adjacent to the Kentucky
facility licensure certificate.
Section 3. State Designation for Existing
Trauma Centers.
(1) A hospital that has been
voluntarily verified as a Level I, Level II, or Level III Trauma Center by ACS
COT prior to the effective date of this administrative regulation that seeks
designation as a Kentucky Trauma Care System Level I, Level II, or Level III
trauma center, shall submit a completed KYTAC2 application form to the
commissioner along with a copy of the ACS COT verification letter and
certificate.
(a) The application for
designation in the Kentucky system shall be made within six (6) months of the
effective date of this administrative regulation.
(b) Upon receipt of the application and ASC
verification letter and certificate, a trauma center designation certificate
shall be issued by the commissioner and shall be posted in a public area of the
hospital adjacent to the Kentucky facility licensure certificate.
(c) The period of Kentucky designation shall
be concurrent with the expiration date of the ACS COT verification.
(d) The initial fee for trauma center
designation as specified in
902 KAR
28:060 shall be waived for the initial designation
cycle for a hospital that has been voluntarily certified by ACS COT prior to
the effective date of this administrative regulation.
(2) A hospital previously designated as a
Level I, Level II, or Level III trauma center seeking redesignation by the
Commissioner shall file a completed KYTAC2 application form concurrent with the
application or request to ACS COT for a reverification site visit.
(3) A hospital that does not meet the
requirements of subsection (1) of this section and that is preparing for
initial voluntary trauma center designation as a Level I, Level II, or Level
III trauma center shall apply to the commissioner for designation following
successful completion of the ACS COT verification process.
(4) The period of redesignation shall be
concurrent with the expiration date of the ACS COT verification.
(5) The fee for redesignation shall be the
same as the fee for initial designation as specified in
902 KAR
28:060.
Section 4. Level IV Trauma Center
Designation.
(1) Initial designation.
(a) Once the facility has completed the Level
IV Consultation or Verification Program pursuant to Section 1 of this
administrative regulation, the original completed KYTAC1 application form shall
be forwarded to KyTAC. KyTAC shall conduct a review of the facility's
compliance with this administrative regulation and
902 KAR
28:030 and make recommendations to the Commissioner
within sixty (60) days of receipt of the application.
(b)
1. If
the facility meets the requirements of this administrative regulation and
902 KAR
28:030, a certificate of trauma center designation
shall be:
a. Issued by the commissioner;
and
b. Posted in a public area of
the hospital adjacent to the Kentucky facility licensure
certificate.
2. If the
facility does not meet the requirements of this administrative regulation and
902 KAR
28:030, the commissioner shall send a written notice
to the facility informing the facility of that determination. The facility may
appeal the decision in accordance with
902 KAR
28:060.
(c) Designation shall be for a three (3) year
period following completion of the trauma center verification
process.
(2)
Redesignation. Within six (6) months preceding the expiration of a designation
certificate, the hospital shall initiate the process established in
902 KAR
28:030 for reverification and
redesignation.
Section 5.
Designation Suspension or Revocation.
(1) A
designated trauma center hospital that is unable to meet the applicable minimum
required criteria of a Level I, Level II or Level III Trauma Center as
established by ACS COT, or a Level IV Trauma Center as established in
902 KAR
28:030, shall notify the commissioner within five (5)
business days of the event which caused the facility to fall below minimum
criteria.
(2) If the commissioner
becomes aware of a significant change in the status of the trauma care program
at a designated hospital that may potentially affect its designation status,
the commissioner may:
(a) Request confirmation
of continued designation status from the hospital; or
(b) Assign a representative of KyTAC or a
designee to conduct a site visit to review the status of the trauma program and
report the findings back to the commissioner within thirty (30) days of
assignment.
(3) The
commissioner may consult with KyTAC and the ACS COT on information received
from the hospital and site visit, and may:
(a)
Suspend the hospital's designation;
(b) Place the facility into a probationary
status pending resolution within thirty (30) days of the disciplinary action;
or
(c) Revoke the hospital's
designation.
(4) If the
designation is revoked, and if the facility seeks redesignation, the facility
shall correct the identified problems, and request, at its expense, a focused
review to demonstrate that each problem has been corrected.
(5) Following the review required by
subsection (4) of this section, the commissioner shall:
(a) Reinstate the designation;
(b) Request that the facility reapply for
verification at a lower level;
(c)
Deny redesignation; or
(d) Refer
the matter to KyTAC for determination of other appropriate action.
(6) A hospital not able to meet
trauma center criteria at the initial designation level shall not hold
designation as a trauma center until reverified at an appropriate level and
redesignated.
Section 6.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
KYTAC1, "Hospital Application for Level IV Verification and Kentucky
Designation as a Trauma Center", April 2012;
(b) KYTAC2, "Hospital Application for
Kentucky Trauma Center Designation", April 2012; and
(c) "American College of Surgeons
Verification Review Committee Reference Guide of Classification", January
2012.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Kentucky Department for Public Health, Commissioner's Office, 275 East Main
Street, Frankfort, Kentucky 406012, Monday through Friday, 8 a.m. to 4:30
p.m.
STATUTORY AUTHORITY:
211.494(8)