190.241. Trauma, STEMI, or stroke centers, designation by department--on-site reviews--grounds for suspension or revocation of designation--fees--administrative hearing commission to hear persons aggr
Trauma, STEMI, or stroke centers, designation by department--on-sitereviews--grounds for suspension or revocation ofdesignation--fees--administrative hearing commission to hearpersons aggrieved by designation.
190.241. 1. The department shall designate a hospital as an adult,pediatric or adult and pediatric trauma center when a hospital, upon properapplication submitted by the hospital and site review, has been found bythe department to meet the applicable level of trauma center criteria fordesignation in accordance with rules adopted by the department asprescribed by section 190.185.
2. The department shall designate a hospital as a STEMI or strokecenter when such hospital, upon proper application and site review, hasbeen found by the department to meet the applicable level of STEMI orstroke center criteria for designation in accordance with rules adopted bythe department as prescribed by section 190.185. In developing STEMIcenter and stroke center designation criteria, the department shall use, asit deems practicable, appropriate peer-reviewed or evidence-based researchon such topics including, but not limited to, the most recent guidelines ofthe American College of Cardiology and American Heart Association for STEMIcenters, or the Joint Commission's Primary Stroke Center Certificationprogram criteria for stroke centers, or Primary and Comprehensive StrokeCenter Recommendations as published by the American Stroke Association.
3. The department of health and senior services shall, not less thanonce every five years, conduct an on-site review of every trauma, STEMI,and stroke center through appropriate department personnel or a qualifiedcontractor. On-site reviews shall be coordinated for the different typesof centers to the extent practicable with hospital licensure inspectionsconducted under chapter 197, RSMo. No person shall be a qualifiedcontractor for purposes of this subsection who has a substantial conflictof interest in the operation of any trauma, STEMI, or stroke center underreview. The department may deny, place on probation, suspend or revokesuch designation in any case in which it has reasonable cause to believethat there has been a substantial failure to comply with the provisions ofthis chapter or any rules or regulations promulgated pursuant to thischapter. If the department of health and senior services has reasonablecause to believe that a hospital is not in compliance with such provisionsor regulations, it may conduct additional announced or unannounced sitereviews of the hospital to verify compliance. If a trauma, STEMI, orstroke center fails two consecutive on-site reviews because of substantialnoncompliance with standards prescribed by sections 190.001 to 190.245 orrules adopted by the department pursuant to sections 190.001 to 190.245,its center designation shall be revoked.
4. The department of health and senior services may establishappropriate fees to offset the costs of trauma, STEMI, and stroke centerreviews.
5. No hospital shall hold itself out to the public as a STEMI center,stroke center, adult trauma center, pediatric trauma center, or an adultand pediatric trauma center unless it is designated as such by thedepartment of health and senior services.
6. Any person aggrieved by an action of the department of health andsenior services affecting the trauma, STEMI, or stroke center designationpursuant to this chapter, including the revocation, the suspension, or thegranting of, refusal to grant, or failure to renew a designation, may seeka determination thereon by the administrative hearing commission underchapter 621, RSMo. It shall not be a condition to such determination thatthe person aggrieved seek a reconsideration, a rehearing, or exhaust anyother procedure within the department.
(L. 1987 S.B. 31 & 29 § 4, A.L. 1998 S.B. 743, A.L. 2008 H.B. 1790)