DAR File No. 40452

This rule was published in the June 15, 2016, issue (Vol. 2016, No. 12) of the Utah State Bulletin.


Health, Family Health and Preparedness, Licensing

Rule R432-104

Specialty Hospital - Long-Term Acute Care

Notice of Proposed Rule

(Amendment)

DAR File No.: 40452
Filed: 05/31/2016 10:56:38 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment will allow, by rule, for a long term acute care hospital to perform in house surgical services. The Health Facility Committee reviewed and approved this rule amendment on 05/18/2016. This amendment also includes correcting other rule reference numbers that have been changed.

Summary of the rule or change:

The rule amendment adds Subsection R432-104-10(d) under Section R432-104-10 allowing for surgical services to be provided in house by the long term acute care hospital and requires them to comply with the hospital surgical services rule at Section R432-100-15. The changes also correct rule reference numbers in Sections R432-104-3, R432-104-8, R432-104-10, R432-104-11, and R432-104-12.

State statutory or constitutional authorization for this rule:

  • Title 26, Chapter 21

Anticipated cost or savings to:

the state budget:

There is no impact to the state budget because there will be no change in current practice.

local governments:

There is no impact to the local government budget because there will be no change in current practice.

small businesses:

There is no impact to the small businesses budget because there will be no change in current practice.

persons other than small businesses, businesses, or local governmental entities:

There is no impact to businesses, individuals, local governments, and persons that are not small businesses because there will be no change in current practice.

Compliance costs for affected persons:

There is no impact to the affected persons because there will be no change in current practice.

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

There is no fiscal impact on business because there is no change to current practice.

Joseph Miner, 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
Family Health and Preparedness, Licensing
3760 S HIGHLAND DR
SALT LAKE CITY, UT 84106

Direct questions regarding this rule to:

  • Joel Hoffman at the above address, by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov
  • Carmen Richins at the above address, by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@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:

07/15/2016

This rule may become effective on:

07/22/2016

Authorized by:

Joseph Miner, Executive Director

RULE TEXT

R432. Health, Family Health and Preparedness, Licensing.

R432-104. Specialty Hospital - Long-Term Acute Care.

R432-104-3. License.

(1) To be licensed as an LTAC hospital, the facility shall:

(a) Have a duly constituted governing body with overall administrative and professional responsibility;

(b) Have an organized medical staff which provides 24-hour inpatient care;

(c) Have a chief executive officer to whom the governing body delegates the responsibility for the operation of the hospital;

(d) Maintain at least one nursing unit containing patient rooms, patient care spaces, and service spaces defined in construction rules R432-10-[3]4;

(e) Each nursing unit shall contain at least six patient beds;

(f) Rooms and spaces comprising each nursing unit shall be organized in a contiguous arrangement.

(g) Maintain current and complete medical records.

(h) Provide continuous registered nurse supervision and other nursing services;

(i) Provide in house the following basic services:

(i) Pharmacy;

(ii) Laboratory;

(iii) Nursing services;

(iv) Occupational, Physical, Respiratory and Speech therapies;

(v) Dietary;

(vi) Social Services; and

(vii) Specialized Diagnosis and therapeutic services.

(2) The LTAC hospital shall provide on site all basic service required of a general hospitals that are needed for the diagnosis, therapy, and treatment offered or required by all patients admitted to the hospital.

 

R432-104-8. Clinical Services.

(1) The following services shall be provided in-house and comply with R432-100.

(a) Pharmacy Service, R432-100-2[4]5.

(b) Laboratory Service, R432-100-2[2]3.

(c) Rehabilitation Therapy Services, R432-100-2[0]1.

(d) Dietary Service, R432-100-3[1]2.

(e) Social Services, R432-100-2[5]6.

(2) Occupational Therapy Services shall be available for all patients who require the service.

(a) The occupational therapy services shall be directed by a licensed occupational therapist who shall have administrative responsibility for the occupational therapy department.

(b) Staff occupational therapists shall be licensed by the Utah Department of Commerce Title 58, Chapter 42.

(i) If Occupational Therapy Assistants are employed to provide patient services they shall be supervised by a licensed therapist.

(ii) Patient services shall be commensurate with each person's documented training and experience.

(c) Occupational Therapy services shall be initiated by an order from the medical staff.

(d) Written policies and procedures shall be developed and approved in conjunction with the medical staff to include:

(i) Methods of referral for services;

(ii) Scope of services to be provided;

(iii) Responsibilities of professional therapists;

(iv) Admission and discharge criteria for treatment;

(v) infection control;

(vi) safety;

(vii) individual treatment plans, objectives, clinical documentation and assessment;

(viii) incident reporting system; and

(ix) emergency procedures.

(e) Equipment shall be calibrated to manufacturer's specifications.

(f) There shall be a written individual treatment plan for each patient appropriate to the diagnoses and condition.

(g) The Occupational Therapy department shall organize and participate in continuing education programs.

(3) Speech Therapy services shall be available for all patients who require the service.

(a) The Speech-Pathology language services shall be directed by a licensed Speech-Pathologist or Audiologist who shall have administrative responsibility for the Speech-Audiology therapy department.

(b) Staff speech therapist and audiologist shall be licensed the Utah Department of Commerce, see Title 58, Chapter 41.

(i) If Speech-language pathology aides or audiology aides are employed to provide patient services they shall be supervised by a licensed therapist.

(ii) Patient services shall be commensurate with each person's documented training and experience.

(c) Speech and Audiology services shall be initiated by an order from the medical staff.

(d) Written policies and procedures shall be developed and approved in conjunction with the medical staff to include:

(i) Methods of referral for services;

(ii) Scope of services to be provided;

(iii) Responsibilities of professional therapists;

(iv) Admission and discharge criteria for treatment;

(v) Infection control;

(vi) Assistive Technology;

(vii) Individual treatment plans, objectives, clinical documentation and assessment;

(viii) Incident reporting system; and

(ix) Emergency procedures.

(e) Equipment shall be calibrated to manufacturer's specifications.

(f) There shall be a written individual treatment plan for each patient appropriate to the diagnoses and condition.

(g) The Department shall organize and participate in continuing education programs.

(4) Respiratory Care Services shall comply with R432-100-19.

 

R432-104-10. Complementary Services.

(1) If the following services are provided in-house, they shall comply with R432-100.

(a) Radiology Services, R432-100-2[1]2.

(b) Outpatient Services, R432-100-2[8]9.

(c) Pediatric Services, R432-100-1[8]9.

(d) Surgical Services, R432-100-15.

 

R432-104-11. Ancillary Services.

(1) The following services shall be provided in-house and shall comply with R432-100.

(a) Central Supply, R432-100-3[4]5.

(b) Laundry, R432-100-3[5]6.

(c) Medical Records, R432-100-3[3]4.

(d) Maintenance, R432-100-3[7]8.

(e) Housekeeping, R432-100-3[6]7.

(f) Emergency and Disaster Plans, R432-100-3[8]9.

 

R432-104-12. Penalties.

Any person who violates any provision of this rule may be subject to the penalties enumerated in 26-21-11 and R432-3-[6]7 and be punished for violation of a class A misdemeanor as provided in 26-21-16.

 

KEY: health care facilities

Date of Enactment or Last Substantive Amendment: [December 10, 2002]2016

Notice of Continuation: November 9, 2015

Authorizing, and Implemented or Interpreted Law: 26-21-5; 26-21-2.1; 26-21-20

 


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160615.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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For questions regarding the content or application of this rule, please contact Joel Hoffman at the above address, by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov; Carmen Richins at the above address, by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.