Current with changes from the 2024 Legislative Session
Section 190.241 - Trauma, STEMI, or stroke centers, designation by department - site reviews - grounds for suspension or revocation of designation - data submission and analysis - fees - administrative hearing commission to hear persons aggrieved by designation1. Except as provided for in subsection 4 of this section, the department shall designate a hospital as an adult, pediatric or adult and pediatric trauma center when a hospital, upon proper application submitted by the hospital and site review, has been found by the department to meet the applicable level of trauma center criteria for designation in accordance with rules adopted by the department as prescribed by section 190.185. Site review may occur on-site or by any reasonable means of communication, or by any combination thereof. Such rules shall include designation as a trauma center without site review if such hospital is verified by a national verifying or designating body at the level which corresponds to a level approved in rule. In developing trauma center designation criteria, the department shall use, as it deems practicable, peer-reviewed and evidence-based clinical research and guidelines including, but not limited to, the most recent guidelines of the American College of Surgeons.2. Except as provided for in subsection 4 of this section, the department shall designate a hospital as a STEMI or stroke center when such hospital, upon proper application and site review, has been found by the department to meet the applicable level of STEMI or stroke center criteria for designation in accordance with rules adopted by the department as prescribed by section 190.185. Site review may occur on-site or by any reasonable means of communication, or by any combination thereof. In developing STEMI center and stroke center designation criteria, the department shall use, as it deems practicable, peer-reviewed and evidence-based clinical research and guidelines including, but not limited to, the most recent guidelines of the American College of Cardiology, the American Heart Association, or the American Stroke Association. Such rules shall include designation as a STEMI center or stroke center without site review if such hospital is certified by a national body.3. The department of health and senior services shall, not less than once every three years, conduct a site review of every trauma, STEMI, and stroke center through appropriate department personnel or a qualified contractor, with the exception of trauma centers, STEMI centers, and stroke centers designated pursuant to subsection 4 of this section; however, this provision is not intended to limit the department's ability to conduct a complaint investigation pursuant to subdivision (3) of subsection 2 of section 197.080 of any trauma, STEMI, or stroke center. Site reviews shall be coordinated for the different types of centers to the extent practicable with hospital licensure inspections conducted under chapter 197. No person shall be a qualified contractor for purposes of this subsection who has a substantial conflict of interest in the operation of any trauma, STEMI, or stroke center under review. The department may deny, place on probation, suspend or revoke such designation in any case in which it has determined there has been a substantial failure to comply with the provisions of this chapter or any rules or regulations promulgated pursuant to this chapter. Centers that are placed on probationary status shall be required to demonstrate compliance with the provisions of this chapter and any rules or regulations promulgated under this chapter within twelve months of the date of the receipt of the notice of probationary status, unless otherwise provided by a settlement agreement with a duration of a maximum of eighteen months between the department and the designated center. If the department of health and senior services has determined that a hospital is not in compliance with such provisions or regulations, it may conduct additional announced or unannounced site reviews of the hospital to verify compliance. If a trauma, STEMI, or stroke center fails two consecutive site reviews because of substantial noncompliance with standards prescribed by sections 190.001 to 190.245 or rules adopted by the department pursuant to sections 190.001 to 190.245, its center designation shall be revoked.4.(1) Instead of applying for trauma, STEMI, or stroke center designation under subsection 1 or 2 of this section, a hospital may apply for trauma, STEMI, or stroke center designation under this subsection. Upon receipt of an application on a form prescribed by the department, the department shall designate such hospital at a state level that corresponds to a similar national designation as set forth in rules promulgated by the department. The rules shall be based on standards of nationally recognized organizations and the recommendations of the time-critical diagnosis advisory committee.(2) Except as provided by subsection 5 of this section, the department shall not require compliance with any additional standards for establishing or renewing trauma, STEMI, or stroke designations under this subsection. The designation shall continue if such hospital remains certified or verified. The department may remove a hospital's designation as a trauma center, STEMI center, or stroke center if the hospital requests removal of the designation or the department determines that the certificate or verification that qualified the hospital for the designation under this subsection has been suspended or revoked. Any decision made by the department to withdraw its designation of a center pursuant to this subsection that is based on the revocation or suspension of a certification or verification by a certifying or verifying organization shall not be subject to judicial review. The department shall report to the certifying or verifying organization any complaint it receives related to the center designated pursuant to this subsection. The department shall also advise the complainant which organization certified or verified the center and provide the necessary contact information should the complainant wish to pursue a complaint with the certifying or verifying organization.5. Any hospital receiving designation as a trauma center, STEMI center, or stroke center pursuant to subsection 4 of this section shall:(1) Within thirty days of any changes or receipt of a certificate or verification, submit to the department proof of certification or verification and the names and contact information of the center's medical director and the program manager; and(2) Participate in local and regional emergency medical services systems for purposes of providing training, sharing clinical educational resources, and collaborating on improving patient outcomes.
Any hospital receiving designation as a level III stroke center pursuant to subsection 4 of this section shall have a formal agreement with a level I or level II stroke center for physician consultative services for evaluation of stroke patients for thrombolytic therapy and the care of the patient post-thrombolytic therapy.
6. Hospitals designated as a trauma center, STEMI center, or stroke center by the department shall submit data by one of the following methods:(1) Entering hospital data into a state registry; or(2) Entering hospital data into a national registry or data bank. A hospital submitting data pursuant to this subdivision shall not be required to collect and submit any additional trauma, STEMI, or stroke center data elements. No hospital submitting data to a national data registry or data bank under this subdivision shall withhold authorization for the department to access such data through such national data registry or data bank. Nothing in this subdivision shall be construed as requiring duplicative data entry by a hospital that is otherwise complying with the provisions of this subsection. Failure of the department to obtain access to data submitted to a national data registry or data bank shall not be construed as hospital noncompliance under this subsection.7. When collecting and analyzing data pursuant to the provisions of this section, the department shall comply with the following requirements: (1) Names of any health care professionals, as defined in section 376.1350, shall not be subject to disclosure;(2) The data shall not be disclosed in a manner that permits the identification of an individual patient or encounter;(3) The data shall be used for the evaluation and improvement of hospital and emergency medical services' trauma, stroke, and STEMI care; and(4) Trauma, STEMI, and stroke center data elements shall conform to national registry or data bank data elements, and include published detailed measure specifications, data coding instructions, and patient population inclusion and exclusion criteria to ensure data reliability and validity.8. The department shall not have authority to establish additional education requirements for physicians who are emergency medicine board-certified or board-eligible through the American Board of Emergency Medicine (ABEM) or the American Osteopathic Board of Emergency Medicine (AOBEM) and who are practicing in the emergency department of a facility designated as a trauma center, STEMI center, or stroke center by the department under this section. The department shall deem the education requirements promulgated by ABEM or AOBEM to meet the standards for designations under this section. Education requirements for non-ABEM or non-AOBEM certified physicians, nurses, and other providers who provide care at a facility designated as a trauma center, STEMI center, or stroke center by the department under this section shall mirror but not exceed those established by national designating or verifying bodies of trauma centers, STEMI centers, or stroke centers.9. The department of health and senior services may establish appropriate fees to offset only the costs of trauma, STEMI, and stroke center surveys.10. No hospital shall hold itself out to the public as a STEMI center, stroke center, adult trauma center, pediatric trauma center, or an adult and pediatric trauma center unless it is designated as such by the department of health and senior services.11. Any person aggrieved by an action of the department of health and senior services affecting the trauma, STEMI, or stroke center designation pursuant to this chapter, including the revocation, the suspension, or the granting of, refusal to grant, or failure to renew a designation, may seek a determination thereon by the administrative hearing commission under chapter 621. It shall not be a condition to such determination that the person aggrieved seek a reconsideration, a rehearing, or exhaust any other procedure within the department.
§ 190.241, RSMo
Amended by 2022 Mo. Laws, HB 2331,s A, eff. 8/28/2022.Amended by 2017 Mo. Laws, SB 50,s A, eff. 8/28/2017.Amended by 2016 Mo. Laws, SB 732,s A, eff. 8/28/2016.Amended by 2016 Mo. Laws, SB 988,s A, eff. 7/5/2016.Amended by 2016 Mo. Laws, SB 635,s A, eff. 8/28/2016.L. 1987 S.B. 31 & 29 § 4, A.L. 1998 S.B. 743, A.L. 2008H.B. 1790