185 Neb. Admin. Code, ch. 1, § 003

Current through June 17, 2024
Section 185-1-003 - DESIGNATION OF TRAUMA CENTERS

To receive a designation as a trauma center, an applicant must submit a complete application and meet the requirements for designation set out in statute and in this regulation.

003.01INITIAL APPLICATION REQUIREMENTS. An applicant seeking designation for a facility as:
(1) An advanced level trauma center must submit a letter of verification from the American College of Surgeons indicating that the facility is currently verified as a Level II Trauma Center or meet the standards for an advanced trauma center as set out in these regulations;
(2) A basic level trauma center must submit a letter of verification from the American College of Surgeons indicating that the facility is currently verified as a Level IV Trauma Center or meet the standards for a basic trauma center as set out in these regulations;
(3) A comprehensive level trauma center must submit a letter of verification from the American College of Surgeons indicating that the facility is currently verified as a Level I Trauma Center;
(4) A general level trauma center must submit a letter of verification from the American College of Surgeons indicating that the facility is currently verified as a Level III Trauma Center or meet the standards for a general trauma center as set out in these regulations;
(5) An advanced level rehabilitation center must submit an accreditation survey letter from the Commission on Accreditation of Rehabilitation Facilities for accreditation in Comprehensive Integrated Rehabilitation Program and either Brain Injury Specialty Program or Spinal Cord Specialty Program;
(6) A general level rehabilitation center must submit an accreditation survey letter from the Joint Commission indicating it has accreditation as a rehabilitation hospital and current Nebraska trauma center designation;
(7) An intermediate level rehabilitation center must submit a letter of accreditation from the Commission on Accreditation of Rehabilitation Facilities for accreditation in Comprehensive Integrated Rehabilitation Programs;
(8) A specialty burn trauma center must submit a letter of verification indicating that the facility is currently verified as a burn center by the American Burn Association in conjunction with the American College of Surgeons; or
(9) A pediatric trauma center must submit a letter of verification from the American College of Surgeons indicating that the facility is currently verified as a Specialty Level Pediatric Center.
003.01(A)WITHOUT VERIFICATION OR ACCREDITATION. An applicant seeking designation for a facility as an advanced, basic, or general level trauma center not based on verification or accreditation must submit a complete application. An on-site review of the facility is required to determine if all standards are met for designation set out in this chapter.
003.02ON-SITE REVIEWS. A facility must cooperate with the Department and any on-site review team, including the following:
(1) Allowing a tour and inspection of the physical plant;
(2) Permitting equipment to be checked for appropriateness and maintenance;
(3) The examination and copying of records; and
(4) Interviewing of staff.
003.02(A)ON-SITE REVIEW TEAM. An on-site review team must have, at a minimum, a physician that specializes in trauma surgery and a nurse that specializes in trauma nursing or individuals with equivalent qualification as determined by the Department as members.
003.02(B)FEES. A comprehensive or advanced level facility must pay the Department a fee for the cost of an on-site review of the facility. Such fee shall be the actual cost of the on-site review as provided in contract(s) between the Department and each reviewer or team of reviewers.
003.03RENEWAL OF DESIGNATION. Except as provided in this section, the procedures, standards, and requirements described in this chapter govern the renewal of designations.
003.03(A) When a designated center has made a timely application, its designation does not expire until the Department's decision is final.
003.03(B) An advanced level trauma center, a basic level trauma center, a comprehensive level trauma center, a general level trauma center or specialty level pediatric, or burn trauma center who have a verification application pending with the American College of Surgeons or American Burn Association, as applicable, may submit a completed application for renewal, prior to designation expiration, and evidence that its request for verification remains pending with the American College of Surgeons or American Burn Association. The designated center must forward the American College of Surgeon's or American Burn Association's decision and any supporting documentation to the Department.
003.03(C) An advanced level or intermediate level rehabilitation center pending with the Commission on Accreditation of Rehabilitation or general level rehabilitation center pending with the Joint Commission may submit a completed application for renewal, prior to designation expiration, and evidence that its request for accreditation remains pending with the corresponding verifying body. The designated center must forward the decision and any supporting documentation to the Department.
003.04CAUSE FOR DENIAL, REVOCATION, OR SUSPENSION OF DESIGNATION. The Department may deny, revoke, or suspend any designation or application for designation when the facility:
(A) Is in violation of the statutes; these regulations; or failure to maintain accreditation, verification, or certification for the level of designation;
(B) Makes a false statement of material facts in its application for designation or in any record required by this regulation, or in a matter under investigation;
(C) Fails to allow the on-site review team or a Department employee to inspect any part of the facility, any records, or other documentation for purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the Department;
(D) Fails to comply with the requirements of the approved regional plan;
(E) Engages in false, fraudulent, or misleading advertising. The facility must not be fraudulent in any aspect of conducting business, which adversely affects, or which reasonably could be expected to affect adversely, the capacity of the facility to provide trauma care;
(F) Fails to maintain standards required for verification or accreditation in cases where designation was based on the facility's professional verification or accreditation pursuant to Neb. Rev. Stat. § 71-8244; or
(G) Fails to comply with all applicable provisions of the Emergency Medical Treatment and Active Labor Act.
003.05DUTY TO PROVIDE CURRENT INFORMATION. Any designated center as a comprehensive, advanced, general, basic, or specialty level trauma center must provide written notice to the Department of any change in the designated centers trauma medical director or trauma coordinator or manager. Such notice must be provided no later than 15 days after the change is made. If the accreditation or certification of a designated center has been sanctioned, modified, terminated, or withdrawn, the licensee must notify the Department within 15 days of receipt of notification of the action.

185 Neb. Admin. Code, ch. 1, § 003

Adopted effective 5/17/2022