reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-2-4 - FACILITIES › Section 410-2-4-.13 - Renovations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Renovation is
			 defined as a project for modernization, improvement, alteration and/or
			 upgrading of an existing physical plant and/or equipment. Renovation does not
			 include the modernization or construction of a non-clinical building, parking
			 facility, or any other non-institutional health services capital item on the
			 existing campus of a health care facility, provided that construction or
			 modernization does not allow the health care facility to provide new
			 institutional health services subject to review and not previously provided on
			 a regular basis.
(2) Planning
			 Policies
(a) The applicant must demonstrate
			 that the proposed renovation is the most cost effective or otherwise most
			 appropriate alternative to provide patients with needed health care services
			 and/or facility improvements.
(b)
			 The applicant must provide evidence that the proposed square footage,
			 construction cost per square foot, and cost of fixed equipment is appropriate
			 and reasonable for the types and volumes of patients to be served.
(c) The applicant must demonstrate how the
			 disruption of normal operations will be minimized during the period of
			 construction.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-2-4 - FACILITIES › Section 410-2-4-.14 - Replacements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Replacement is
			 defined as a project for the erection, construction, creation or other
			 acquisition of a physical plant or facility where the proposed new structure
			 will replace an existing structure and will be located in the same planning
			 area and market area. Replacement does not include the modernization or
			 construction of a non-clinical building, parking facility, or any other
			 non-institutional health services capital item on the existing campus of a
			 health care facility, provided that construction or modernization does not
			 allow the health care facility to provide new institutional health services
			 subject to review and not previously provided on a regular basis.
(2) Planning Policies
(a) The applicant must demonstrate that the
			 proposed replacement is the most cost effective or otherwise most appropriate
			 alternative to provide patients with needed health care services and/or
			 facility improvements.
(b) The
			 applicant must provide evidence that the proposed square footage, construction
			 cost per square foot, and cost of fixed equipment is appropriate and reasonable
			 for the types and volumes of patients to be served.
(c) The applicant for the proposed
			 replacement must be the same as the owner of the facility to be
			 replaced.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-2-4 - FACILITIES › Section 410-2-4-.15 - Inpatient Hospice Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Discussion
(a) Hospice care is a choice made
			 to enhance end of life. Hospice focuses on caring and comfort for patients and
			 not curative care. In most cases, care is provided in the patient's place of
			 residence.
(b) It is the intent of
			 this section to address health planning concerns relating to hospice services
			 provided on an inpatient basis. For coverage of hospice services provided
			 primarily in the patient's place of residence, please see Section
			 410-2-3-.10.
(c) A hospice program is required by federal
			 statutes as a Condition of Participation for hospice care (Title 42- Public
			 Health; Chapter IV - CMS, Department of Health and Human Services; Part 418 -
			 Hospice care; Section 418.98 or successors) and state statutes and regulations
			 (Alabama State Board of Health, Department of Public Health; Administrative
			 Code, Chapter 420-5-17; Section
			 420-5-17-.01 or successors) to
			 provide general inpatient level of care and inpatient respite level of care as
			 two of the four levels of hospice care. As per the Medicare Condition of
			 Participation (418.108), the total number of inpatient days used by Medicare
			 beneficiaries who elected hospice coverage in a 12-month period in a particular
			 hospice may not exceed twenty percent (20%) of the total number of hospice days
			 consumed in total by this group of beneficiaries.
(d) A hospice program per federal statute
			 must provide the inpatient levels of care that meets the conditions of
			 participation specified. The approved locations for inpatient hospice care are
			 a hospital, a skilled nursing facility ("SNF"), or an inpatient hospice
			 facility.
(e) A hospice program may
			 provide the inpatient levels of care in a freestanding inpatient facility/unit
			 which the hospice program owns and manages; through beds owned by either a
			 hospital or a skilled nursing facility ("SNF") but leased and managed by a
			 hospice program; or through contracted arrangements with another hospice
			 program's inpatient facility/unit.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-2-4 - FACILITIES › Section 410-2-4-.16 - Freestanding Emergency Departments (FEDs)

Current through Register Vol. 42, No. 9, June 28, 2024
A "Freestanding Emergency Department" or "FED" is a new
				institutional health service requiring a Certificate of Need under Alabama law.
				In addition to other applicable criteria, all proposed FEDs must demonstrate,
				through substantial evidence, that their project will meet all the requirements
				for licensure under Ala. Admin. Code r 420-5-9, which is incorporated herein by
				reference.
Author:
Statewide Health Coordinating Council
				  (SHCC)
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-260(13),
				  (15).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-2-5 - ALABAMA HEALTH STATISTICS AND REVISION PROCEDURES › Section 410-2-5-.01 - Introduction

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter contains information that is pertinent to the
State Health Plan
, but of such detail that it is best included
				in this Appendix. Population is based on Center for Business and Economic
				Research (CBER) The University of Alabama.
Author:
Statewide Health Coordinating Council
				  (SHCC)
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(4)
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-2-5 - ALABAMA HEALTH STATISTICS AND REVISION PROCEDURES › Section 410-2-5-.02 - Population

Current through Register Vol. 42, No. 9, June 28, 2024
The most current population data supplied to SHPDA by the
				Center for Business and Economic Research (CBER), University of Alabama, is
				available by contacting the Data Division as follows:
MAILING ADDRESS
U. S. Postal Service)
STREET ADDRESS
(Commercial Carrier)
PO BOX 303025
MONTGOMERY, AL 36130-3025
100 NORTH UNION STREET, SUITE 870
MONTGOMERY, AL 36104
TELEPHONE:
(334) 242-4103
FAX:
(334) 242-4113
EMAIL:
data.submit@shpda.alabama.gov
WEBSITE:
http://www.shpda.alabama.gov
Author:
Statewide Health Coordinating Council
				  (SHCC)
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(4)
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-2-5 - ALABAMA HEALTH STATISTICS AND REVISION PROCEDURES › Section 410-2-5-.03 - Vital Events

Current through Register Vol. 42, No. 9, June 28, 2024
The most recent publicly available information on Vital Events
				can be obtained from the Center for Health Statistics, Alabama Department of
				Public Health, at
www.alabamapublichealth.gov/healthstats/index.html
,
				or at (334) 206-5429.
For additional assistance with any data related to this section
				contact the Data Division as follows:
MAILING ADDRESS
U. S. Postal Service)
STREET ADDRESS
(Commercial Carrier)
PO BOX 303025
MONTGOMERY, AL 36130-3025
100 NORTH UNION STREET, SUITE 870
MONTGOMERY, AL 36104
TELEPHONE:
(334) 242-4103
FAX:
(334) 242-4113
EMAIL:
data.submit@shpda.alabama.gov
WEBSITE:
http://www.shpda.alabama.gov
Author:
Statewide Health Coordinating Council
				  (SHCC)
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(4).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-2-5 - ALABAMA HEALTH STATISTICS AND REVISION PROCEDURES › Section 410-2-5-.04 - Plan Revision Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Introduction. The Statewide Health
			 Coordinating Council (SHCC) is responsible for the development of the State
			 Health Plan (SHP) with final approval required by the Governor. The SHCC
			 desires (a) a process that will maintain a viable and current SHP; (b) a
			 coordinated system of revising the SHP; and (c) required information to be
			 provided as outlined in Ala. Admin Code r
			 410-2-5-.05 by individuals,
			 groups, or other entities seeking a specific revision to the SHP commonly
			 called an adjustment.
(2) There are
			 three types of plan revisions:
(a) Plan
			 Adjustment. In addition to such other criteria that may be set out in the SHP,
			 a requested modification or exception to the SHP of limited duration, to permit
			 additional facilities, beds, services, or equipment to address circumstances
			 and meet the identified needs of a specific planning area, or part thereof,
			 that is less than statewide and identified in the State Health Plan. A Plan
			 Adjustment is not of general applicability and is thus not subject to the
			 AAPA's rulemaking requirements. Unless otherwise provided by the SHCC, a Plan
			 Adjustment shall be valid for only one (1) year from the date the Plan
			 Adjustment becomes effective, subject to the exceptions provided in this
			 paragraph. If an Application is not filed with SHPDA seeking a Certificate of
			 Need for all or part of the additional facilities, beds, services or equipment
			 identified in the Plan Adjustment within one (1) year of the Governor's
			 approval of the Plan Adjustment, the Plan Adjustment shall expire and be null
			 and void. If an Application(s) seeking a Certificate of Need for all or part of
			 the additional facilities, beds, services or equipment identified in the Plan
			 Adjustment is filed prior to the expiration of the one (1) year period, the
			 Plan Adjustment shall remain effective for purposes of such pending Certificate
			 of Need Application(s). Such one (1) year period shall be further extended for
			 the duration of any deadline provided by SHPDA for the filing of applications
			 as part of a batching schedule established in response to a letter of intent
			 filed within nine (9) months of the effective date of the adjustment. Upon the
			 expiration of such deadlines, no Certificate of Need Applications shall be
			 accepted by SHPDA which are based, in whole or in part, upon the expired Plan
			 Adjustment.
(b) Statistical Update
			 - An update of a specific section of the SHP to reflect more current
			 population, utilization, or other statistical data.
(c) Plan Amendment - The alteration or
			 adoption of rules, policies, methodologies, or any other plan revision that
			 does not meet the plan adjustment or statistical update definition. An
			 amendment is of "general applicability" and subject to the AAPA's rulemaking
			 requirements.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-2-5 - ALABAMA HEALTH STATISTICS AND REVISION PROCEDURES › Section 410-2-5-.05 - Application For State Health Plan Adjustment

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Requirements
(a) Applicant Identification. An application
			 for a Plan Adjustment must be filed in accordance with SHPDA Rule
			 410-1-3-.09, and accompanied by
			 the administrative fee specified in Rule
			 410-2-5-.04(c)(5).
			 The application must include the name of the applicant, physical address,
			 telephone number, the contact person and mailing address, telephone number, and
			 e-mail address.
(b) Project
			 Description. Provide a narrative statement explaining the nature of the
			 request, with details of the plan adjustment desired. (If the request is for
			 additional beds, indicate the number and type, i.e., Psychiatric,
			 Rehabilitation, Pediatric, Nursing Home, etc.) The narrative should address
			 availability, accessibility, cost, quality of the health care in question, and
			 state with specificity the proposed language of the adjustment.
(c) Service Area. Describe the geographical
			 area to be served. (Provide an 8½" x 11" map of the service area. The
			 map should indicate the location of other similar health care facilities in the
			 area.)
(d) Population Projections.
			 Provide population projections for the service area. In the case of beds for a
			 specific age group, such as pediatric beds or nursing home beds, document the
			 existence of the affected population. An example for nursing home beds is the
			 number of persons 65 and older. The applicant must include the source of all
			 information provided.
(e) Need for
			 the Adjustment. Address the current need methodology. If the application is to
			 increase beds or services in a planning area, give evidence that those beds or
			 services have not been available and/or accessible to the population of the
			 area.
(f) Current and Projected
			 Utilization. Provide current and projected utilization of similar facilities or
			 services within the proposed service area.
(g) If additional staffing will be required
			 to support the additional need, indicate the availability of such
			 staffing.
(h) Effect on Existing
			 Facilities or Services. Address the impact this plan adjustment will have on
			 other facilities in the area both in occupancy and manpower.
(i) Community Reaction. Give evidence of
			 project support demonstrated by local community, civic and other organizations.
			 (Testimony and/or comments regarding plan adjustment provided by community
			 leaders, health care professionals, and other interested citizens.)
(j) Provide any other information or data
			 available in justification of the plan adjustment request.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-2-5 - ALABAMA HEALTH STATISTICS AND REVISION PROCEDURES › Section 410-2-5-.06 - Open Meetings Act

Current through Register Vol. 42, No. 9, June 28, 2024
All meetings of the Statewide Health Coordinating Council
				(SHCC) shall be held in compliance with the provisions of the "Alabama Open
				Meetings Act" ("Act") ALA. CODE §§
								36-25A-1 through -11 (1975 as
				amended), which requires public notice of any gathering, whether or not
				prearranged, of a quorum of a governmental body, committee or subcommittee
				during which the members deliberate specific matters expected to come before
				the body, committee or subcommittee at a later date. To ensure compliance with
				the letter and spirit of the Act, entities seeking to sponsor inspection or
				educational sessions for multiple SHCC members relating, directly or
				indirectly, to a pending or contemplated plan adjustment or amendment must
				first file a written request for approval from the Chairman, with a copy to all
				other entities that have filed comments or pleadings relating to the matter.
				Such requests will only be granted in extraordinary circumstances, and will be
				publicized and conducted in accordance with the provisions of the Act relating
				to meetings involving a quorum of the SHCC.
Author:
Statewide Health Coordinating Council
				  (SHCC)
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(13),
				  (15).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-2-5 - ALABAMA HEALTH STATISTICS AND REVISION PROCEDURES › Section 410-2-5-.07 - Electronic Notice

Current through Register Vol. 42, No. 9, June 28, 2024
SHPDA shall provide any written notice required under these
				rules in electronic PDF format, which shall be considered delivered upon the
				date of transmission. All health care providers holding a certificate of need
				from SHPDA, as well as other interested parties seeking to be included in
				SHPDA's general distribution list, shall maintain with the agency a current
				e-mail address for purposes of this rule.
Author:
Statewide Health Coordinating Council
				  (SHCC)
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(4).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-2-5 - ALABAMA HEALTH STATISTICS AND REVISION PROCEDURES › Section 410-2-5-.08 - SHCC Committee Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Discussion. In order to assist the SHCC
			 with the process of reviewing and revising the State Health Plan, the Chair of
			 the SHCC may create committees tasked with the purpose of reviewing certain
			 assigned sections of the Plan. The Chair of the SHCC shall assign various
			 members to individual committees based on their knowledge and experience and
			 shall have the authority to nominate chairs of the individual committees at the
			 time of the committee assignments. Historically, the SHCC has kept six (6)
			 standing committees, with additional committees and/or task forces created by
			 the Chair as needed. The six (6) standing committees of the SHCC, and the
			 current sections of the Plan assigned to each committee are as follows:
(a) General Items. The General Items
			 Committee shall have responsibility over the section(s) of the Plan related to
			 an introduction to health planning, as well as any healthcare or health-related
			 priorities set forth by the Governor. The section(s) of the Plan the General
			 Items Committee are responsible for include:
1. 410-2-1 Introduction to Health
			 Planning
2.
										410-2-1-.01 Statutory
			 Authority
3.
										410-2-1-.02 Overview of
			 Chapters
4.
										410-2-1-.03 Health Planning
			 Structure in Alabama
5.
										410-2-1-.04 Alabama Health Policy
			 Analysis
6.
										410-2-1-.05 Data Collection and
			 Publication
7. 410-2-2 Health
			 Priorities
8.
										410-2-2-.01
			 Introduction
9.
										410-2-2-.02 Maternal and Child
			 Health
10.
										410-2-2-.03 Care of the Elderly
			 and Chronically Ill
11.
										410-2-2-.04 Rural Health
			 Care
12.
										410-2-2-.05 Diseases - Prevention
			 and Management
13.
										410-2-2-.06 Health Care for the
			 Medically Indigent
14.
										410-2-2-.07 Substance Use
			 Disorders
15.
										410-2-2-.08
			 RESERVED
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-2-5 - ALABAMA HEALTH STATISTICS AND REVISION PROCEDURES › Section 410-2-5-.09 - State Of Emergency Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Finding of Emergency Need and Waiver.
(a) The Statewide Health Coordinating Council
			 recognizes that additional health care resources may be required, on an urgent
			 and temporary basis, to address public health needs of the citizens of Alabama
			 during a State of Emergency declared by the Governor (a "Declaration").
			 Accordingly, upon the issuance of a Declaration authorizing temporary waivers
			 to Certificate of Need ("CON") requirements, the State Health Planning and
			 Development Agency (the "Agency") may grant waivers for:
1. Any proposed expansion of institutional
			 health services, beds, facilities, equipment and other resources (hereafter
			 "institutional health services") by existing providers to meet the declared
			 emergency, regardless of existing need methodology and without respect to
			 health planning areas otherwise provided in the State Health Plan ("SHP");
			 and
2. The establishment of
			 emergency alternate care sites, or their equivalent, as may be approved by ADPH
			 for the duration of the declared emergency.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Appendix - FORMS › Appendix - Certificate of Need Application

Current through Register Vol. 42, No. 9, June 28, 2024
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Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-267, 271, 275.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Appendix - FORMS › Appendix - Application for Extension of Certificate of Need

Current through Register Vol. 42, No. 9, June 28, 2024
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Statutory
				  Authority:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Appendix - FORMS › Appendix - Request for Determination of Exemption Status for Replacement of Existing Equipment

Current through Register Vol. 42, No. 9, June 28, 2024
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Statutory
				  Authority:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Appendix - FORMS › Appendix - Annual Report For Ambulatory Surgery Centers (ASCs)

Current through Register Vol. 42, No. 9, June 28, 2024
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Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Appendix - FORMS › Appendix - Annual Report For Home Health Agencies

Current through Register Vol. 42, No. 9, June 28, 2024
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Author:
Alva M. Lambert
Statutory Authority:
Code of Ala. 1975,
				  §§
										22-4-34,
				  22-4-35.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Appendix - FORMS › Appendix - Annual Report For Hospice Providers

Current through Register Vol. 42, No. 9, June 28, 2024
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Author:
Alva M. Lambert
Statutory Authority:
Code of Ala. 1975,
				  §§
										22-4-34,
				  22-4-35.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Appendix - FORMS › Appendix - Annual Report for Hospitals and Related Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
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Author:
Alva M. Lambert
Statutory Authority:
Code of Ala. 1975,
				  §§
										22-4-34,
				  22-4-35.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Appendix - FORMS › Appendix - Annual Report For Skilled Nursing Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
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Author:
Alva M. Lambert
Statutory Authority:
Code of Ala. 1975,
				  §§
										22-4-34,
				  22-4-35.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Appendix - FORMS › Appendix - Annual Report Speciality Care Assisted Living Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
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Author:
Alva M. Lambert
Statutory Authority:
Code of Ala. 1975,
				  §§
										22-4-34,
				  22-4-35.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Appendix - FORMS › Appendix - Notice of Change of Ownership/Control

Current through Register Vol. 42, No. 9, June 28, 2024
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Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-271(c)
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-1 - CHEMICAL TEST FOR INTOXICATION › Section 420-1-1-.01 - Breath (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										32-5-192,
et
seq
.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-1 - CHEMICAL TEST FOR INTOXICATION › Section 420-1-1-.02 - Blood, Urine And Other Bodily Substance (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										32-5-192,
et
seq
.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-2 - RULE-MAKING PROCEDURES › Section 420-1-2-.01 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter prescribes general rule-making procedures that
				apply to the adoption, amendment and repeal of rules of the State Board of
				Health (hereinafter referred to as "the Board").
Author:
John R. Wible
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  41-22-5.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-2 - RULE-MAKING PROCEDURES › Section 420-1-2-.02 - Sources Of Proposed Rules

Current through Register Vol. 42, No. 9, June 28, 2024
Rules to be considered by the Board may be proposed in the
				following manner:
(a) The adoption,
			 amendment or repeal of a rule may be proposed to the Board by a member of the
			 Board, the State Health Officer or any legislatively-created council or board
			 dealing with public health.
(b) Any
			 person may petition the Board to adopt, amend or repeal a rule.
Author:
John R. Wible
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  41-22-5,
				  41-22-8.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-2 - RULE-MAKING PROCEDURES › Section 420-1-2-.03 - Register Of Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
(a)
			 Records of the Board concerning rule-making actions, including notice of
			 rule-making; comments received in response to those notices; petitions for
			 rule-making; denials of petitions for rule-making; and final rules are
			 maintained in a current register of regulations in the Office of General
			 Counsel, State Board of Health, 201 Monroe Street, Suite 1540, Montgomery,
			 Alabama 36104.
(b) Any person may
			 examine any registered material at that office and may obtain a copy of any
			 registered material upon payment of costs in accordance with Rule
			 420-1-5-.04.
Author:
John R. Wible
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  41-22-5,
				  41-22-6,
				  41-22-7.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-2 - RULE-MAKING PROCEDURES › Section 420-1-2-.04 - Right To Petition; Contents And Submission

Current through Register Vol. 42, No. 9, June 28, 2024
Any person may petition the Board to adopt, amend or repeal a
				rule by making and filing a written petition in accordance with the
				following:
(a) A petition to adopt,
			 amend or repeal a rule shall contain the following information:
(1) the name, address and telephone number of
			 the person making the petition;
(2)
			 a statement of the interest of the person making the petition; and the name,
			 address and telephone number of the group or entity represented by the
			 Petitioner, if any.
(3) the
			 specific language of the rule proposed to be adopted, the proposed amendment,
			 or the rule proposed to be repealed;
(4) all evidence, data and information on
			 which the petitioner relies in support of the petition; and
(5) a statement of the petitioner's position
			 on the considerations described in subparagraphs (b) through (g) of Rule
			 420-1-2-.05.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-2 - RULE-MAKING PROCEDURES › Section 420-1-2-.05 - Consideration Of Petitions

Current through Register Vol. 42, No. 9, June 28, 2024
The Board shall give consideration to any petition for
				rule-making made and filed in accordance with Rule
				420-1-2-.04. The Board may
				consider:
(a) the views of the
			 Department staff; and of other state agencies
(b) whether the proposed rule adoption,
			 amendment, or repeal is constitutional and within the statutory authority of
			 the Department to adopt;
(c)
			 whether the proposed rule adoption, amendment, or repeal would promote the
			 legislative intent and purposes of the statutes that the Department
			 administers;
(d) whether the
			 petition is supported by such substantive, credible and relevant evidence, data
			 and information as would reasonably support the proposed rule action.
(e) whether the petitioner has had a prior
			 opportunity to present relevant evidence, data and information on the subject
			 matter of the petition and the petitioner failed to present such evidence, data
			 or information;
(f) whether
			 alternative means of obtaining the same or similar relief are presently
			 available to the petitioner or have in the recent past been made available to
			 the petitioner;
(g) the manner in
			 which the proposed rule adoption, amendment, or repeal would impact the overall
			 regulatory scheme of the Department and whether the proposed rule adoption,
			 amendment, or repeal would promote the basic underlying public policies of the
			 statutes and rules which the Department administers; and
(h) any other relevant factors, evidence,
			 data or information.
Author:
John R. Wible
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  41-22-8.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-2 - RULE-MAKING PROCEDURES › Section 420-1-2-.06 - Disposition Of Petitions

Current through Register Vol. 42, No. 9, June 28, 2024
Within sixty days after a petition is filed with the State
				Health Officer in accordance with Rule
				420-1-2-.04, the Board shall do
				one of the following, provided however, that upon written notice to the
				petitioner, such sixty-day period may be extended by the State Health Officer
				or the Board for not more than thirty days:
(a) initiate rule-making proceedings in
			 accordance with
Code of Ala. 1975
, §
								41-22-5, as amended; or
(b) deny the petition in writing on the
			 merits stating the reasons therefore.
Author:
John R. Wible
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  41-22-8.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-2 - RULE-MAKING PROCEDURES › Section 420-1-2-.07 - Administrative Procedures For Rule-Making

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Except for the promulgation of an
			 emergency rule, the State Health Officer, through the Agency Secretary, shall
			 issue public notices of proposed rule-making.
(b) Public Hearing.
(1) Prior to the taking of any action on a
			 proposed rule, the Board shall allow all interested persons a reasonable
			 opportunity to submit data, views or comments, either orally or in writing. A
			 public hearing shall be scheduled. Notice of such hearing shall be published in
			 the
Alabama Administrative Monthly.
Actual notice to interested
			 groups, agencies or persons may be made at the direction of the State Health
			 Officer.
(2) The State Health
			 Officer shall appoint a hearing officer who shall be given full control over
			 the proceeding of the hearing. He shall direct the hearing so as to eliminate
			 repetition and keep order, and shall require statements to be as factual as
			 possible.
(3) All oral comments at
			 the hearing shall be directed to the hearing officer. The hearing officer and
			 members of the staff may question speakers if they so desire. Speakers will not
			 be subject to questions from the audience.
(4) A stenographic reporting or electronic
			 recording of the proceedings shall be made. A verbatim transcript may be
			 prepared if needed. When so prepared, it shall become a part of the hearing
			 record.
(5) Unless otherwise
			 specified, all hearings shall be held in Montgomery, Alabama.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-2 - RULE-MAKING PROCEDURES › Section 420-1-2-.08 - Advisory Boards

Current through Register Vol. 42, No. 9, June 28, 2024
Except for the adoption of an emergency rule, the Board shall
				not adopt a rule governing the operation of a "hospital," as that term is
				defined at
Code of Alabama 1975
, §
								22-21-20, without the prior advice
				and approval of the Licensure Advisory Board established by
Code of
				Alabama 1975
, §
								22-21-27. The chairperson of the
				Licensure Advisory Board, or another member designated by the chairperson,
				shall attest in writing to the Licensure Advisory Board's approval of any such
				rule, so that such attestation may be submitted to the Board for
				consideration.
Author:
John R. Wible
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-21-27, 22-21-281,
				  41-22-4.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-2 - RULE-MAKING PROCEDURES › Section 420-1-2-.09 - Waivers Or Variances

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The
			 State Health Officer or the Board may grant a waiver or variance from any rule,
			 except that no waiver or variance may be granted for any provision that
			 restates a statutory requirement or defines any term. "Waiver" or "variance"
			 means that the application of a rule, or a particular provision of a rule, has
			 been suspended for the time and/or in the manner specified by order of the
			 Board or the State Health Officer. Waivers or variances may be of general
			 application or apply only to specified persons or entities.
(b) Upon request of the staff of the
			 Department of Public Health or on his or its own motion, the State Health
			 Officer or the Board may grant a waiver or a variance to the application of any
			 rule as to the public in general, when such waiver or variance is based upon a
			 compelling public health need, or a threatened public health emergency, or the
			 occurrence of an event or circumstance that makes strict compliance with a rule
			 highly impractical or impossible.
(c) The State Health Officer shall report
			 variances and waivers to the Board.
(d) A current or prospective licensee,
			 permittee, or registrant directly affected by a provision of a rule may request
			 a waiver or variance from said rule. To be considered for a waiver or variance,
			 the licensee, permittee, or registrant must demonstrate the following:
(1) Conditions are such that the licensee,
			 permittee, or registrant cannot meet the rule provision for which the waiver or
			 variance is sought; and
(2)
			 Approval of the waiver or variance will not unreasonably increase the risk of
			 harm to the public or undermine the public health purpose furthered by the
			 rule.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-3 - HEARING OF CONTESTED CASES › Section 420-1-3-.01 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) These
			 rules apply to the initiation, hearing and resolution of contested cases of the
			 State Board of Health (hereinafter also referred to as "the Board") under the
			 Alabama Administrative Procedure Act. These rules do not apply to actions
			 governed under other specific rules of the State Board of Health.
(2) Statutory Authority. These rules are
			 promulgated and adopted pursuant to the authority of the Alabama Administrative
			 Procedure Act,
Code of Ala. 1975
, §§
								41-22-1, et seq., and other
			 specific enabling statutes.
(3)
			 Administration. The Office of General Counsel of the Department of Public
			 Health (hereinafter also referred to as "the Department") will coordinate the
			 hearing of contested cases within the purview of the Alabama Administrative
			 Procedure Act,
Code of Ala. 1975
, §§
								41-22-1, et seq.
(4) Correspondence. Correspondence and filing
			 or service shall be made at the following address:
Alabama Department of Public Health
Office of General Counsel
201 Monroe Street, The RSA Tower, Suite 1540
Montgomery, Alabama 36104
Author:
Brian Hale
Statutory Authority:
Code of Ala.
				  1975
, §44-22-4.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-3 - HEARING OF CONTESTED CASES › Section 420-1-3-.02 - Service On Licensee Or Other Party

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Service of any document required to be
			 served on a licensee or other party pursuant to the provisions of the
			 Administrative Procedure Act in contested cases,
Code of Ala.
			 1975
, §§
								41-22-1, et seq., may be made by
			 any of the following methods unless a specific method is required by law:
(a) by certified mail, return receipt
			 requested; or
(b) by any sheriff or
			 another person authorized to make service of process in civil proceedings;
			 or
(c) by any representative of the
			 Department of Public Health; or
(d)
			 by any other method allowable under the Alabama Rules of Civil Procedure as
			 such may be amended.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-3 - HEARING OF CONTESTED CASES › Section 420-1-3-.03 - Time

Current through Register Vol. 42, No. 9, June 28, 2024
Time within which an act must be done under the provisions of
				these rules shall be computed in the manner prescribed by
Code of
				Ala. 1975
, §
								1-1-4.
Author:
Brian Hale
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-3 - HEARING OF CONTESTED CASES › Section 420-1-3-.04 - Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A contested
			 case is a proceeding in which the legal rights, duties or privileges of a party
			 are required by law to be determined by the Board after an opportunity for
			 hearing. Such actions include the granting or denial of licenses or permits, a
			 change in status of a license or permit, or a revocation, suspension, or
			 modification of a license or permit.
(2) An action to revoke, suspend, or modify a
			 license or permit by the Board shall be initiated by the service of a notice of
			 intent to revoke, or modify, or suspend the license or permit or to take other
			 adverse action on the licensee or permittee.
(3) Contested cases initiated by the licensee
			 or permittee, or prospective licensee or permittee shall be initiated by the
			 filing of a notice of appeal with the Department's Office of General Counsel
			 and by filing a copy upon the Board, Bureau or Division affected. The notice of
			 appeal must be received by the Office of General Counsel within 15 days of the
			 determination by the Department, unless a different time period is set by other
			 specific rule or statute. Failure to timely file a notice of appeal with the
			 Office of General Counsel waives the right of appeal and the determination
			 becomes final.
(4) Contested cases
			 initiated by a party other than the licensee, prospective licensee, or
			 permittee or prospective permittee, or the Board shall be so initiated by the
			 filing of a notice of appeal on the Office of General Counsel within 15 days of
			 the determination by the Department, unless a different time period is set by
			 other specific rule or statute. Copies of such notice of appeal shall be served
			 on the licensee or prospective licensee and any other affected parties. Failure
			 to timely file a notice of appeal waives such person's right of
			 appeal.
(5) The Office of General
			 Counsel shall set a hearing for not less than 15 days nor more than 60 days
			 from the filing of the notice of a contested case unless a different time is
			 required by statute or unless the parties agree to a time. Requests for
			 continuances must be filed with the hearing officer and may be granted, within
			 the hearing officer's discretion, for good cause.
(6) Upon setting the hearing, the Office of
			 General Counsel shall send written notice to all parties. The notice shall
			 include at a minimum, the following:
(a) a
			 statement of the time, place and nature of the hearing;
(b) a statement of the legal authority and
			 jurisdiction under which the hearing is to be held;
(c) a reference to the particular sections of
			 the statutes and rules involved; and
(d) a plain statement of the factual matters
			 asserted.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-3 - HEARING OF CONTESTED CASES › Section 420-1-3-.05 - Discovery

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In a contested
			 case, on motion of a party, the hearing officer conducting the hearing may
			 issue subpoenas, discovery orders relating to relevant matters, and protective
			 orders in accordance with the Alabama Rules of Civil Procedure. The cost of
			 copies shall be a $5.00 retrieval fee plus $1.00 per page for the first 25
			 pages and $0.50 for every page thereafter unless otherwise provided by law or
			 rule.
(2) Process issued pursuant
			 to this rule shall be enforced by a court in the same manner as process issued
			 by the court.
Author:
Brian Hale
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-12.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-3 - HEARING OF CONTESTED CASES › Section 420-1-3-.06 - Evidence In Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The only evidence that the hearing
			 officer shall consider in making a finding of fact shall be sworn testimony and
			 exhibits accepted in the hearing or as otherwise agreed upon among the
			 parties.
(2) Hearsay Evidence.
			 Hearsay testimony shall be allowed in any hearing so long as it has probative
			 value as justice requires in the opinion of the hearing officer.
(3) Affidavits and other Written Evidence.
(a) Affidavits shall be admissible in any
			 hearing so long as they have probative value and the affiant, for reasons of
			 impossibility or impracticality, cannot be present for testimony at the
			 hearing. The burden of impossibility or impracticality shall be upon the party
			 offering the affidavit.
(b) Signed
			 letters from physicians on the physician's letterhead shall be considered as an
			 affidavit.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-3 - HEARING OF CONTESTED CASES › Section 420-1-3-.07 - Intervention

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon timely
			 application filed with the Office of General Counsel, an affected person shall
			 be permitted to intervene in any hearing to contest an administrative action of
			 the Board when a statute confers an unconditional right to intervene, or when
			 the applicant has a direct, substantial and legally protectable interest in the
			 outcome of the proceeding and the representation of the interest of the
			 applicant by those already parties is inadequate to protect that interest. An
			 application to intervene filed less than 10 days prior to a scheduled contested
			 case hearing shall be deemed untimely filed and shall be denied.
(2) An application to intervene shall
			 contain:
(a) the name, mailing address, and
			 telephone number of the applicant;
(b) a short and plain statement identifying
			 the administrative action of the Department being contested and, if possible,
			 the name of the person who filed the request for a hearing to contest such
			 action;
(c) a short and plain
			 statement of the grounds for the application, including reference to the
			 statute which confers an unconditional right to intervene or a statement of the
			 direct, substantial and legally protectable interest of the applicant in the
			 outcome of the proceeding, and a statement as to why that interest cannot be
			 adequately represented by those already parties; and
(d) the name, mailing address, and telephone
			 number of the applicant's attorney, if represented by an attorney.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-3 - HEARING OF CONTESTED CASES › Section 420-1-3-.08 - Consolidation And Severance

Current through Register Vol. 42, No. 9, June 28, 2024
The State Health Officer may order consolidation, in whole or
				in part, of two or more hearings to contest an administrative action of the
				Department whenever it appears that such consolidation would expedite or
				simplify consideration of the issues and no party would be prejudiced
				thereby.
Rule
				  420-1-3-.07 was renumbered .08 as
				  per certification filed March 20, 2008.
Author:
Brian Hale
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-12.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-3 - HEARING OF CONTESTED CASES › Section 420-1-3-.09 - Informal Settlement Conferences

Current through Register Vol. 42, No. 9, June 28, 2024
Informal settlement conferences before the county health
				officer or program director of the affected county or state program or his or
				her designee may be held in an attempt to resolve contested cases. Such
				informal settlement conferences shall not be of record as required by Rule 408
				of the Alabama Rules of Evidence and shall not be adversarial in nature but
				shall be utilized to resolve the contested case prior to formal hearings for
				the record.
Rule
				  420-1-3-.08 was renumbered .09 as
				  per certification filed March 20, 2008.
Author:
Brian Hale
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-12.