77 Ill. Adm. Code 1110.240
Selected Organ Transplantation
Section 1110
Section 1110.240 Selected Organ Transplantation
a) Introduction
1) This subsection
(a) applies to projects involving the following category of service: Selected
Organ Transplantation. Applicants proposing to establish or modernize this
category of service shall comply with the applicable subsections of this
Section, as follows:
PROJECT TYPE
REQUIRED
REVIEW CRITERIA
Establishment of Services or Facility
(b)(1)
−
Planning Area Need – 77 Ill. Adm. Code 1100 (formula
calculation)
(b)(2)
−
Planning Area Need – Service to Planning Area Residents
(b)(3)
−
Planning Area Need – Service Demand − Establishment
of Category of Service
(b)(4)
−
Planning Area Need − Service Accessibility
(c)(1)
−
Unnecessary Duplication of Services
(c)(2)
−
Maldistribution
(c)(3)
−
Impact of Project on Other Area Providers
(e)
−
Staffing Availability
(f)
−
Surgical Staff
(g)
−
Collaborative Support
(h)
−
Support Services
(i)
−
Performance Requirements
(j)
−
Assurances
Category of Service Modernization
(d)(1)
−
Deteriorated Facilities
(d)(2) & 3
−
Documentation
(d)(4)
−
Utilization
(i)
−
Performance Requirements
(j)
−
Assurances
2) If
the proposed project involves the replacement of a facility or service on site,
the applicant shall comply with the requirements listed in subsection (a)(1) (Category
of Service Modernization) plus subsection (j) (Assurances).
3) If
the proposed project involves the relocation of an existing facility or
service, the applicant shall comply with the requirements of subsection (a)(1) (Establishment
of Services or Facility), as well as requirements in Section 1110.290 (Discontinuation)
and Section 1110.230(i) (Relocation of Facilities).
4) If
the proposed project involves the replacement of a hospital or service (onsite
or new site), the number of key rooms being replaced shall not exceed the
number justified by historical occupancy rates for each of the latest 2 years.
b) Planning
Area Need − Review Criteria
The applicant shall document that
the proposed category of service is necessary to serve the planning area's
population, based on the following:
1) 77
Ill. Adm. Code 1100 (Formula Calculation)
No formula need for this
category of service has been established.
2) Service
to Planning Area Residents
Applicants proposing to establish
this category of service shall document that the primary purpose of the project
will be to provide necessary health care to the residents of the area in which
the proposed project will be physically located (i.e., the planning or
geographical service area, as applicable) for each category of service included
in the project.
3) Service
Demand – Establishment of Category of Service
The establishment of this category
of service is necessary to accommodate the service demand experienced annually
by the existing applicant facility over the latest 2-year period, as evidenced
by historical and projected referrals, or, if the applicant proposes to
establish a new hospital, the applicant shall submit projected referrals.
A) Historical
Referrals
If the applicant is an existing
facility, the applicant shall document the number of referrals to other
facilities, for this category of service, for each of the latest 2 years.
Documentation of the referrals shall include: patient origin by zip code; name
and specialty of referring physician; name and location of the recipient
hospital.
B) Projected
Referrals
An applicant proposing to
establish this category of service shall submit the following:
i) Physician
referral letters that attest to the physician's total number of patients (by
zip code of residence) who have received care at existing facilities located in
the area during the 12-month period prior to submission of the application;
ii) An
estimated number of patients the physician will refer annually to the applicant's
facility within a 24-month period after project completion. The anticipated
number of referrals cannot exceed the physician's experienced caseload;
iii) The
physician's notarized signature, the typed or printed name of the physician,
the physician's office address and the physician's specialty; and
iv) Verification
by the physician that the
patient referrals have
not been used to support another pending or approved CON application for the
subject services.
4) Service
Accessibility
The establishment
of this category of service is necessary to improve access for planning area
residents. The applicant shall document the following:
A) Service
Restrictions
The applicant shall document that
at least one of the following factors exists in the planning area:
i) The
absence of the proposed service within the planning area;
ii) Access
limitations due to payor status of patients, including, but not limited to,
individuals with health care coverage through Medicare, Medicaid, managed care
or charity care;
iii) Restrictive
admission policies of existing providers;
iv) The
area population and existing care system exhibit indicators of medical care
problems, such as an average family income level below the State average
poverty level, high infant mortality, or designation by the Secretary of Health
and Human Services as a Health Professional Shortage Area, a Medically
Underserved Area, or a Medically Underserved Population;
v) For
purposes of this subsection (b)(4) only, all services within the 3-hour normal
travel time meet or exceed the utilization standard specified in 77 Ill. Adm.
Code 1100.
B) Supporting
Documentation
The applicant shall provide the
following documentation, as applicable to cited restrictions, concerning
existing restrictions to service access:
i) The
location and utilization of other planning area service providers;
ii) Patient
location information by zip code;
iii) Independent
time-travel studies;
iv) A
certification of waiting times;
v) Scheduling
or admission restrictions that exist in area providers;
vi) An
assessment of area population characteristics that document that access
problems exist;
vii) Most
recently published IDPH Hospital Questionnaire.
c) Unnecessary
Duplication/Maldistribution − Review Criterion
1) The
applicant shall document that the project will not result in an unnecessary
duplication. The applicant shall provide the following information:
A) A list
of all zip code areas that are located, in total or in part, within 3 hours
normal travel time of the project's site;
B) The
total population of the identified zip code areas (based upon the most recent
population numbers available for the State of Illinois population); and
C) The
names and locations of all existing or approved health care facilities located
within 3 hours normal travel time from the project site that provide this
category of service.
2) The
applicant shall document that the project will not result in maldistribution of
services. Maldistribution exists when the identified area (within the planning
area) has an excess supply of facilities, beds and services characterized by
such factors as, but not limited to:
A) Historical
utilization (for the latest 12-month period prior to submission of the
application) for existing facilities and services that is below the occupancy
standard established pursuant to 77 Ill. Adm. Code 1100; or
B) Insufficient
population to provide the volume or caseload necessary to utilize the services
proposed by the project at or above occupancy standards.
3) The
applicant shall document that, within 24 months after project completion, the
proposed project:
A) Will
not lower the utilization of other area providers below the occupancy standards
specified in 77 Ill. Adm. Code 1100; and
B) Will
not lower, to a further extent, the utilization of other area hospitals that
are currently (during the latest 12-month period) operating below the occupancy
standards.
d) Category of Service
Modernization
1) If
the project involves modernization of this category of service, the applicant
shall document that the inpatient areas to be modernized are deteriorated or
functionally obsolete and need to be replaced or modernized, due to such
factors as, but not limited to:
A) High cost of
maintenance;
B) Non-compliance with
licensing or life safety codes;
C) Changes
in standards of care (e.g., private versus multiple bed rooms); or
D) Additional space for
diagnostic or therapeutic purposes.
2) Documentation shall
include the most recent:
A) IDPH
CMMS inspection reports; and
B) The
Joint Commission reports.
3) Other
documentation shall include the following, as applicable to the factors cited
in the application:
A) Copies
of maintenance reports;
B) Copies of citations
for life safety code violations; and
C) Other pertinent
reports and data.
4) Projects
involving the replacement or modernization of a category of service or hospital
shall meet or exceed the utilization standards for the category of service, as
specified in 77 Ill. Adm. Code 1100.
e) Staffing
Availability − Review Criterion
The applicant
shall document that relevant clinical and professional staffing needs for the
proposed project were considered and that licensure and The Joint Commission
staffing requirements can be met. In addition, the applicant shall document
that necessary staffing is available by providing letters of interest from
prospective staff members, completed applications for employment, or a narrative
explanation of how the proposed staffing will be achieved.
f) Surgical Staff – Review
Criterion
The applicant shall document that
the facility has at least one transplant surgeon certified in the applicable
specialty on staff and that each has had a minimum of one year of training and
experience in transplant surgery, post-operative care, long term management of
organ recipients and the immunosuppressive management of transplant patients. Documentation
shall consist of curricula vitae of transplant surgeons on staff and
certification by an authorized representative that the personnel with the
appropriate certification and experience are on the hospital staff.
g) Collaborative
Support – Review Criterion
The applicant shall document
collaboration with experts in the fields of hepatology, cardiology, pediatrics,
infectious disease, nephrology with dialysis capability, pulmonary medicine
with respiratory therapy support, pathology, immunology, anesthesiology,
physical therapy and rehabilitation medicine. Documentation of collaborate
involvement shall include, but not be limited to, a plan of operation detailing
the interaction of the transplant program and the stated specialty areas.
h) Support Services –
Review Criterion
An applicant shall submit a
certification from an authorized representative that attests to each of the
following:
1) Availability
of on-site access to microbiology, clinical chemistry, radiology, blood bank
and resources required to monitor use of immunosuppressive drugs;
2) Access
to tissue typing services; and
3) Ability
to provide psychiatric and social counseling for the transplant recipients and
for their families.
i) Performance
Requirements
1) The
applicant shall document that the proposed category of service will be provided
at a teaching institution.
2) The
applicant shall document that the proposed category of service will be
performed in conjunction with graduate medical education.
3) The
applicant shall provide proof of membership in the Organ Procurement and
Transplantation Network (OPTN) and a federally designated organ procurement
organization (OPO).
j) Assurances
The applicant representative who
signs the CON application shall submit a signed and dated statement attesting
to the applicant's understanding that, by the second year of operation after
the project completion, the applicant will achieve and maintain the occupancy
standards specified in 77 Ill. Adm. Code 1100 for each category of service
involved in the proposal.