Cal. Code Regs. Tit. 22, § 90927 - Criteria for Surgical Clinics
(a) An applicant for a new surgical clinic
shall establish by a preponderance of evidence that:
(1) The surgical clinic will have at least
two operating rooms.
(2) The
surgical clinic, as a condition of granting staff privileges, will require the
physicians to maintain comparable clinical privileges in local general acute
care hospitals.
(3) The applicant
has an appropriate utilization review plan and quality assurance
plan.
(4) The applicant has
acceptable written procedures for the transfer of surgical clinic patients and
their records in an emergency to an appropriate general acute care hospital in
the service area.
(5) The surgical
clinic can achieve and maintain a minimum of 240 operating room minutes (not
including preparation and clean up time) per operating room per day within
three years of commencement and will not cause the utilization at existing
surgical clinics to drop below or fail to attain the minimum of 240 operating
room minutes per operating room per day. For purposes of this section, surgical
operating room minutes shall be calculated on the basis of five days per week
and fifty weeks per year.
(6) There
will be a sufficient number of physicians in the service area who will use the
surgical clinic and will have staff privileges and will enable the clinic to
meet the minimum operating room time.
(7) It will be an appropriate facility in the
service area, considering equipment, staff, location, and other relevant
factors.
(8) The clinic will make
provision to serve those who are unable to pay all or a substantial portion of
the clinic's fee in advance of the provision of services.
(b) Notwithstanding Section
90901(b)(1), with
respect to the determination of unmet need in the community, and
notwithstanding Section
90901(b)(2), with
respect to the determination of adverse effect, the applicant may demonstrate
that area hospitals are not making efforts to fully utilize their ambulatory
surgical capacity or providing ambulatory surgical services at a reasonable
cost to the community. With respect to the determination of unmet community
need for purposes of Section
90901(b)(1), and
with respect to the determination of adverse effect under Section
90901(b)(2), the
Office shall not consider any hospital in the service area which the applicant
demonstrates does not meet both of the following criteria:
(1) The hospital has a functioning, organized
ambulatory surgery program with staff, approved policies, procedures, quality
of care standards, and other documentation associated with an organized
ambulatory surgery program.
(2) The
hospital is making good faith efforts to utilize its ambulatory surgical
capacity and to provide ambulatory surgical services at a reasonable cost to
the community.
Notes
2. Certificate of Compliance filed 3-8-77 (Register 77, No. 11).
3. Amendment filed 9-8-77; effective thirtieth day thereafter (Register 77, No. 37).
4. Repealer and new section filed 5-17-83; designated effective 4-22-83 pursuant to Government Code Section 11349.3 (Register 83, No. 21).
5. Repealer and new section filed 10-14-83; designated effective 10-17-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 42).
Note: Authority cited: Sections 437.6, 437.7, 437.8 and 437.9, Health and Safety Code. Reference: Sections 437.7, 437.8 and 437.9, Health and Safety Code.
2. Certificate of Compliance filed 3-8-77 (Register 77, No. 11).
3. Amendment filed 9-8-77; effective thirtieth day thereafter (Register 77, No. 37).
4. Repealer and new section filed 5-17-83; designated effective 4-22-83 pursuant to Government Code Section 11349.3 (Register 83, No. 21).
5. Repealer and new section filed 10-14-83; designated effective 10-17-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 42).
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