Any hospital that fails a trauma center designation site survey may file an appeal under the following guidelines:
(1)
- (A) A hospital that files an appeal shall submit a written request for rereview to the Trauma Section within thirty (30) calendar days of denial.
- (B) The request shall state the specific point or points of disagreement with any deficiencies noted and provide support for reconsideration of the ruling.
- (C) The Trauma Section shall send the hospital’s request to the TAC Designation Committee for consideration.
- (D) The hospital may make a request to present its case to the TAC Designation Committee in person.
- (E) Within one (1) week of considering the request, the TAC Designation Committee shall make a recommendation to the Trauma Section, which shall retain the authority to either uphold or modify the previous decision regarding designation;
(2)
- (A) Should a hospital continue to disagree with the ruling of the Trauma Section, it may continue the appeal process.
- (B) A hospital wishing to do so shall submit a written petition to the Secretary of the Department of Health for a hearing.
- (C) The petition shall clearly set forth the nature of the appeal;
(3)
- (A) Hearings may be conducted before the entire State Board of Health, one (1) or more members of the board, an examiner or referee, or one (1) or more members of the department.
- (B) The secretary shall recommend to the President of the State Board of Health the composition of the hearing committee and the hearing officer to preside at the hearing.
- (C) The president shall appoint the hearing officer and other hearing committee members; and
- (4) All administrative enforcement and hearing procedures hereunder, in which a final order is issued by the department, shall be conducted in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., and amendments thereto.