DAR File No. 32499

Health, Health Systems Improvement, Emergency Medical Services

R426-5

Statewide Trauma System Standards

NOTICE OF PROPOSED RULE

DAR File No.: 32499
Filed: 04/07/2009, 08:05
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule satisfies the requirement of Section 26-8a-254 that directs the Department of Health to establish by rule model state guidelines for triage, treatment, transport, and transfer of trauma patients to the most appropriate health care facility.

Summary of the rule or change:

The Department adopts the 2009 Resources and Guidelines for the Triage and Transfer of Trauma Patients as model guidelines for triage, transfer, and transport of trauma patients to the most appropriate health care facility. The new guidelines encourage transport to a trauma center more appropriate for the injury without having to first transport the patient to the closest community hospital.

State statutory or constitutional authorization for this rule:

Section 26-8a-252

Anticipated cost or savings to:

the state budget:

Savings: $75,000 per year to the Medicaid program by avoiding emergency medical services (EMS) transports to multiple health care facilities prior to patients' receiving definitive care for injuries sustained due to trauma.

local governments:

Savings: $25,000 per year to local EMS agencies by eliminating multiple stops to health care facilities not providing definitive care to trauma patients.

small businesses and persons other than businesses:

Savings: $250,000 per year in Emergency Department charges to private and third party payers by avoiding duplicate admissions of trauma patients to health care facilities prior to transfer to a trauma center offering definitive care.

Compliance costs for affected persons:

No compliance costs are identified. Adoption of the rule will help reduce costs through the elimination of admissions of trauma patients to multiple health care facilities prior to transport to definitive care for sustained injuries.

Comments by the department head on the fiscal impact the rule may have on businesses:

Adoption of the rule will reduce costs for care and treatment of trauma patients by avoiding duplicate admissions to health care facilities not providing definitive care for sustained injuries. David Sundwall, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Health Systems Improvement, Emergency Medical Services
3760 S HIGHLAND DR
SALT LAKE CITY UT 84106

Direct questions regarding this rule to:

Guy Dansie at the above address, by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/01/2009

This rule may become effective on:

06/08/2009

Authorized by:

David N. Sundwall, Executive Director

R426. Health, Health Systems Improvement, Emergency Medical Services.

R426-5. Statewide Trauma System Standards.

R426-5-9. Trauma Triage and Transfer Guidelines.

The Department adopts by reference the 2009 Resources and Guidelines for the Triage and Transfer of Trauma Patients published by the Utah Department of Health as model guidelines for triage, transfer, and transport of trauma patients. The guidelines do not mandate the transfer of any patient contrary to the judgment of the attending physician. They are a resource for pre-hospital and hospital providers to assist in the triage, transfer and transport of trauma patients to designated trauma centers or acute care hospitals which are appropriate to adequately receive trauma patients.

 

R426-5-[9]10. Noncompliance to Standards.

(1) The Department may warn, reduce, deny, suspend, revoke, or place on probation a facility designation, if the Department finds evidence that the facility has not been or will not be operated in compliance to standards adopted under R426-5.

(2) A hospital, clinic, health care provider, or health care delivery system may not profess or advertise to be designated as a trauma center if the Department has not designated it as such pursuant to this rule.

 

R426-5-[10]11. Statutory Penalties.

A person who violates this rule is subject to the provisions of Title 26, Chapter 23, which provides for a civil money penalty of up to $[5,000 per violation or a Class B misdemeanor on the first offense and a Class A misdemeanor on a subsequent offense]10,000 for each violation.

 

KEY: emergency medical services, trauma, reporting

Date of Enactment or Last Substantive Amendment: [February 24, ]2009

Notice of Continuation: July 18, 2007

Authorizing, and Implemented or Interpreted Law: 26-8a-252