R426-10-400. Air Ambulance Service Deemed Status

  (1) The Department may grant deemed status for state license to an air ambulance provider that has received accreditation from a Department recognized accreditation service. An air ambulance provider who has deemed status may receive a license if they meet all of the requirements for application and licensure.

  (2) To be recognized by the Department as an approved accreditation organization for the purposes of this section, the accrediting organization shall meet the following minimum standards:

  (a) Publish standards that are equivalent to or exceed the standards in this chapter.

  (b) Publish standards which address every component of a medical transport service that could potentially impact the quality of care and patient safety with respect to communications centers, pilots, drivers, maintenance, patient care providers, and administrative support.

  (c) Provide evidence of timely reviews of applications from providers seeking accreditation.

  (d) Procedures for random site visits, audits, and other strategies utilized to ensure an accredited provider or a provider seeking accreditation is adhering to the accreditation standards.

  (e) Publish policies for the

  (i) initial accreditation requirements;

  (ii) the tenure of accreditation, not to exceed three (3) years;

  (iii) the requirements for reaccreditation; and

  (iv) the accreditation decision making process.

  (f) Uses trained accreditation personnel with experience in medical transport at the level of accreditation and license for the level of accreditation being sought.

  (g) A formal training program that educates accreditation auditors in consistent interpretation of standards and policies of the accreditation agency.

  (h) Publish the required qualifications for accreditation personnel who conduct site surveys. Such qualifications must demonstrate an extensive depth of experience with and knowledge of the air ambulance industry.

  (i) Policies and standards that recognize the special circumstances of medical transport services that serve rural areas.

  (j) Demonstrate that accreditation standards are updated on a regular basis to stay current with changes in healthcare and air medical transportation.

  (k) Provide definition of all sentinel events including near misses. The accrediting agency shall outline the processes for notifying the Department of such events and the process for investigating and instituting corrective measures for such events.

  (l) Provide information about the Board of Directors. Members of the Board of Directors shall have experience in the air medical transport industry. The Board of Directors shall include broad representation by members of relevant national organizations that are engaged in the development, training, and oversight of critical care and air medical patient transportation.

  (m) Clearly outline the Conflict of Interest Policy that excludes Board members or other accreditation agency representatives from participating in accreditation decisions, site surveys, or other processes when a real or potential conflict of interest exists.

  (n) Publish fees for providers seeking accreditation.

  (o) Provide documentation of the process that allows and encourages input, suggestions, and review by outside individuals and agencies related to its standards, policies, and procedures.

  (p) Explain the procedure for a corrective action plan when an audit uncovers areas that are out of compliance.

  (q) Demonstrate a continuous quality improvement process that reviews the application process, site surveys, accreditation decisions, and accreditation standards. The process must include measures to achieve improvement, fairness, and transparency.

  (r) Maintain insurance (General liability, Medical Professional Liability, Directors and Officers and Travel) and be able to present their current certificates of insurance to the state licensing agency.

  (s) Comply with all applicable Health Insurance Portability and Accountability Act (HIPAA) regulations, including any necessary requirements of a Business Associate entity.

  (t) Allow a Department representative to be present during site surveys, investigations, and any other on-site visit performed in the Utah.

  (u) Provide simultaneous notification to the Department of an air ambulance provider's accreditation decisions, corrective action, any changes in accreditation status, and sentinel event reports; and

  (v) List the accrediting agency's involvement in research to improve the air medical transportation industry.

  (3) A current list of recognized accreditation organizations is available on the Department's website.