reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.23.01 - Campus

Current through Register Vol. 42, No. 9, June 28, 2024
The contiguous real property, contained within a single county,
				which is owned or leased by a health care facility and upon which is located
				the buildings and any other real property used by the health care facility to
				provide existing institutional health services which are subject to
				review.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(3), Act
				  2003-331.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.24 - Major Medical Equipment

Current through Register Vol. 42, No. 9, June 28, 2024
Medical clinical equipment intended for sue in the diagnosis or
				treatment of medical conditions, which is used to provide institutional health
				services of a health care facility which are subject to review, and which
				expenditure exceeds the thresholds referenced in Alabama Administrative Code R.
				410-1-2-.07, and/or Alabama
				Administrative Code R.
				410-1-4-.01.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(11),
				  Act 2003-331.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-3 - ADMINISTRATION › Section 410-1-3-.01 - Designated State Health Statistical Agency

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to Executive Order Number Thirty-Six (36), dated
				December 15, 1980, the state agency is recognized as the central state agency
				responsible for administering statistical activities under the Cooperative
				Health Statistical System.
Author:
Statutory Authority:
Executive Order Number 36,
				  December 15, 1980.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-3 - ADMINISTRATION › Section 410-1-3-.02 - Other State Agencies

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Other state agencies who may be requested to comment on specific applications
			 may include, but are not limited to, the following:
(a) Division of Mental Illness, State
			 Department of Mental Health may be requested to comment on all applications for
			 mental health facilities and services as appropriate.
(b) Alabama Medicaid Agency may be requested
			 to comment on all projects involving Title XIX monies.
(c) Bureau of Licensure and Certification,
			 Department of Public Health, may be requested to comment on certain
			 applications as deemed appropriate by the state agency.
Author:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-3 - ADMINISTRATION › Section 410-1-3-.03 - Ex Parte Contacts

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 There shall be no ex parte contacts:
(a) in
			 the case of an application for certificate of need, between the applicant for
			 the certificate of need, any person acting on behalf of the applicant, or any
			 person opposed to the issuance of a certificate of need for the applicant and
			 any member of the Certificate of Need Review Board who exercises any
			 responsibility respecting the application after the application has been
			 received by the agency and before a decision is made with respect to the
			 application; or
(b) in the case of
			 a proposed revocation of a certificate of need, between the holder of the
			 certificate of need, any person acting on behalf of the holder, or any person
			 in favor of the revocation and any member of the Certificate of Need Review
			 Board who exercises responsibility respecting revocation of the certificate
			 after the petition to revoke the certificate of need has been filed and before
			 a decision is made on revocation.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-3 - ADMINISTRATION › Section 410-1-3-.04 - Board Meeting Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Parliamentary procedure shall be conducted within the sound discretion of the
			 Chairman of the Certificate of Need Review Board according to the latest
			 version of
Robert's Rules of Order, Newly
			 Revised
.
(2) Any
			 member of the Certificate of Need Review Board who has a financial interest,
			 privileges of practice or any other potential conflicts of interest pertaining
			 to any application or the opposing party to any application pending before the
			 Certificate of Need Review Board, must recuse themselves from any debate,
			 votes, or proceedings pertaining to said application.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4(2).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-3 - ADMINISTRATION › Section 410-1-3-.05 - Time Periods

Current through Register Vol. 42, No. 9, June 28, 2024
Any time period established herein shall begin on the day
				following the event which invokes the time period. When the last day of the
				period falls on a Saturday, Sunday, or state or federal holiday, the period
				shall be extended to the next day which is not a Saturday, Sunday, or state or
				federal holiday. The time period shall expire at 5:00 p.m. of the last day of
				the computed period.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-3 - ADMINISTRATION › Section 410-1-3-.07 - Periodic Records

Current through Register Vol. 42, No. 9, June 28, 2024
The State Agency will prepare and publish at least annually
				decisions made by the Certificate of Need Review Board, certificates issued,
				and the status of proposals in the Certificate of Need process. Subscribers may
				subscribe to receive a special, monthly status report of all pending matters
				upon payment of an annual fee to cover the estimated cost to the Agency of
				$180.00 (for a print report) or $90.00 (for an electronic report, when
				available). Interested parties may subscribe to receive printed notice of all
				SHPDA filings as processed at an annual fee to cover the estimated cost of the
				Agency of $50.00 for a single location or $250.00 for multiple locations or,
				when available, electronic notice of such filings for $25.00 for a single
				location or $125.00 for multiple locations.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, 22-21-275(15).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-3 - ADMINISTRATION › Section 410-1-3-.08 - Mode Of Filing

Current through Register Vol. 42, No. 9, June 28, 2024
All official documents filed with this Agency must be timely
				filed by electronic mail, as required by Rule
				410-1-3-.09, and must be sent to
				the Executive Secretary of the Agency at shpda.online@shpda.alabama.gov in
				order to be deemed officially filed.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-3 - ADMINISTRATION › Section 410-1-3-.10 - Electronic Notice

Current through Register Vol. 42, No. 9, June 28, 2024
Except as specifically required under law, SHPDA may 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 any other
				interested parties seeking to be included in SHPDA's general distribution list,
				shall maintain with the State Agency a current e-mail address for purposes of
				this rule.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-271(d).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-3 - ADMINISTRATION › Section 410-1-3-.12 - Annual Reports

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Entities
			 holding Certificate of Need authority are required to file the following annual
			 reports, as adopted by rule, on the due dates specified below
(a) Hospitals (Form BHD-134A), due annually
			 by December 15.
(b) Home Health
			 Agencies (Form DM-1), due annually by December 15.
(c) Ambulatory Surgery Centers (Form ASC-1),
			 due annually by December 15.
(d)
			 Specialty Care Assisted Living Facilities (Form SCALF-1), due annually by April
			 15.
(e) Hospice Providers (Form
			 HPCE-4), due annually by April 15.
(f) Skilled Nursing Facilities (Form SNH-F1),
			 due annually by August 15.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-4 - SCOPE OF REVIEW › Section 410-1-4-.02 - Construction Or Relocation Of Administrative Or Branch Office

Current through Register Vol. 42, No. 9, June 28, 2024
The construction or relocation of an administrative or branch
				office of a home health agency or in-home hospice provider which:
(1) is within the service are for which the
			 provider is the holder of a CON (excluding home health agencies' contiguous
			 county service areas authorized pursuant to §
								22-21-265(f),
Code of Ala. 1975
, as amended); and
(2) at which no patient care is provided,
			 does not constitute the construction, development, acquisition or other
			 establishment of a new health care facility requiring a Certificate of Need
			 under §
								22-21-263(a)(1),
Code of Ala. 1975
, as amended. The home health or
			 hospice agency shall notify SHPDA, pursuant to Rule
			 410-1-3-.09, of its construction
			 or relocation plans at least thirty-five (35) days in advance of the action. As
			 part of such notification, a home health or hospice agency may obtain a
			 reviewability determination letter pursuant to ALA. ADMIN. CODE r.
			 410-1-7-.02, acknowledging
			 compliance with this rule, with a copy of said letter sent to the Alabama
			 Department of Public Health. Nothing in this rule shall be construed as
			 authorizing the extension of a home health or in-home hospice services beyond
			 those areas authorized under the provider's Certificate of Need or as may be
			 otherwise authorized under Alabama law.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-263 thru 22-21-275.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-5 - REPLACEMENT OF EXISTING EQUIPMENT › Section 410-1-5-.01 - Exemption Of Replacement Equipment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The replacement of equipment by health
			 care facilities shall be exempt from certificate of need review provided:
(a) such replacement does not change the
			 purpose, use or application of the equipment;
(b) the existing equipment is taken out of
			 service;
(c) the replacement
			 equipment does not enable the health care facility to expand its health
			 services;
(d) the replacement
			 equipment does not enable the health care facility to provide any health
			 services not previously provided on a regular basis;
(e) the Executive Director approves the
			 exemption after receipt of the proper application as indicated below.
Author:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-5 - REPLACEMENT OF EXISTING EQUIPMENT › Section 410-1-5-.02 - Determination Of Exemption Status

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Determination of whether the acquisition of replacement equipment is exempt
			 from review shall be made by the Executive Director of the agency and shall be
			 governed by the procedures in Rule
			 410-1-7-.02.
Author:
Alva M.Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-265(b).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-5 - REPLACEMENT OF EXISTING EQUIPMENT › Section 410-1-5-.03 - Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
Any decision of the Executive Director regarding the
				reviewability of replacement equipment may be appealed to the Certificate of
				Need Review Board, in the form of a request for Declaratory Ruling; provided,
				however, that the Certificate of Need Review Board shall consider only those
				facts and arguments presented to the Executive Director for his
				decision.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-265(b).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-5 - REPLACEMENT OF EXISTING EQUIPMENT › Section 410-1-5-.04 - Fees

Current through Register Vol. 42, No. 9, June 28, 2024
The applicant shall submit with the application a
				non-refundable fee in the amount of twenty percent (20%) of the fee provided in
				Rule 410-1-7-.06 for non-rural
				hospitals, except that a rural hospital shall be required to submit an
				application fee of only twenty-five percent (25%) of the fee specified for
				non-rural hospitals. All required filing fees must be submitted to the State
				Agency via overnight mail and marked in such a way as to clearly identify the
				fee with the electronic submission; or the fee may be submitted electronically
				via the payment portal available through the State Agency's
				website.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-265(b).
The amended
				version of this section by
				Alabama
				Administrative Monthly Volume XXXV, Issue No. 06, March 31, 2017,
				file. 3/21/2017 is not yet
				available.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-5A - ADDITION OF NURSING HOME BEDS WITHOUT A CERTIFICATE OF NEED › Section 410-1-5A-.01 - Exemption From Certificate Of Need Review

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An increase in the bed capacity of a
			 licensed skilled or intermediate care nursing facility shall be exempt from
			 certificate of need review provided:
(a) the
			 increase does not exceed ten percent (10%) of the total nursing home beds of
			 the applying facility, rounded to the nearest whole number, or ten beds,
			 whichever is greater; and
(b) the
			 average rate of occupancy of the applying facility is ninety-five percent (95%)
			 or greater during the 24-month period ending on June 30th of the year
			 immediately preceding the application for exemption; and
(c) the aggregate average rate of occupancy
			 for all other skilled and intermediate care nursing home facilities situated in
			 the same county as the applicant is ninety-five percent (95%) or greater during
			 the 24-month period ending on June 30th of the year immediately preceding the
			 application for exemption; and
(d)
			 the increase does not require capital expenditures exceeding the capital
			 spending thresholds prescribed in 22-21-263(a)(2), or result in the addition of
			 a new health service or result in the conversion of beds; and
(e) the facility has not been granted an
			 increase in beds under this exemption within the 24-month period immediately
			 preceding the application; and
(f)
			 the applying facility is not an intermediate care facility designated ICF-MR by
			 the State Board of Health and operated by the Department of Mental Health;
			 and
(g) the executive director of
			 the state agency approves the exemption after receipt of the proper
			 application.
Author:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-5A - ADDITION OF NURSING HOME BEDS WITHOUT A CERTIFICATE OF NEED › Section 410-1-5A-.02 - Determination Of Exemption Status

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Determination of whether the increase in beds capacity is exempt from review
			 shall be made by the executive director of the state agency upon the filing of
			 an application requesting such determination on the application forms
			 prescribed by the state agency.
(a) the
			 applicant shall submit the original and three copies of the application to the
			 state agency;
(b) applications
			 pursuant to this section can be submitted only during the 90-day period
			 beginning January 1st through March 31st of each year;
(c) within 60 days of receipt of the
			 application, the executive director shall notify the applicant in writing of
			 the decision and the basis for the determination. The absence of a decision
			 within the 60 day period is deemed a denial and the applicant may appeal under
			 Rule 410-1-5 A-.05;
(d) the
			 application shall be deemed to be filed on the date that it is received by the
			 state agency. No facsimiles will be accepted.
Author:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-5A - ADDITION OF NURSING HOME BEDS WITHOUT A CERTIFICATE OF NEED › Section 410-1-5A-.03 - Determination Of Occupancy

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In
			 determining the occupancy of a facility the executive director shall disregard
			 licensed beds removed from service by state or federal requirements, or
			 otherwise removed from service or beds not in use during the three (3) year
			 period immediately preceding the application. The executive director may
			 require, and applicant must provide all information/documentation necessary to
			 make such determination. For occupancy determination, all beds granted under
			 this exemption or under a certificate of need shall be deemed available for
			 service as of the date granted. Beds granted under this exemption or a CON
			 which are not placed in service within the applicable time frame will not be
			 counted in calculating occupancy for a county
(2) Occupancy shall be computed from the
			 annual report filed with the state agency, or the agency may use statistical
			 data filed with the Division of Licensure and Certification, Department of
			 Public Health, or cost reports filed with the Alabama Medicaid Agency.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-265(e), as
				  amended 1994.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-5A - ADDITION OF NURSING HOME BEDS WITHOUT A CERTIFICATE OF NEED › Section 410-1-5A-.04 - Expiration Of Exemption

Current through Register Vol. 42, No. 9, June 28, 2024
Any exemption from review granted hereunder shall expire and be
				determined null and void 12 months after the date of issue. Notwithstanding the
				foregoing, the executive director may grant one extension not to exceed 12
				months upon a showing of substantial progress.
Author:
Statutory Authority:
Code of Ala.
				  1975
, § 22-21-165(e), as amended 1994.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-5A - ADDITION OF NURSING HOME BEDS WITHOUT A CERTIFICATE OF NEED › Section 410-1-5A-.05 - Appeal

Current through Register Vol. 42, No. 9, June 28, 2024
A denial of exemption under this section may be appealed within
				fifteen days of the date of the decision to the CON review Board. No new
				material or information will be considered.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-265(e), as
				  amended 1994.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-5A - ADDITION OF NURSING HOME BEDS WITHOUT A CERTIFICATE OF NEED › Section 410-1-5A-.06 - Fees

Current through Register Vol. 42, No. 9, June 28, 2024
The applicant shall submit with the application a
				non-refundable fee as set by the Agency.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-265(e), as
				  amended 1994.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.01 - The Certificate of Need Review Board Use of Criteria

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Certificate
			 of Need Review Board will apply as appropriate, the criteria and standards
			 contained herein in conducting the review of a certificate of need application.
			 The applicant should present information in the application which addresses
			 each relevant criterion and each sub-part of the criterion. The burden of
			 producing evidence is on the applicant.
(a)
			 Mandated Criteria and Standards. Pursuant to and consistent with
Code of Ala. 1975
, §
									22-21-264, the state agency shall
			 review and report its findings on each proposal for a new institutional health
			 service, health care facility, and/or capital expenditure included in the
			 certificate of need review program.
(b) Supplemental Review Criteria. The
			 proposal for the new institutional health service, health care facility and/or
			 capital expenditure shall be consistent with additional criteria prescribed by
			 regulation adopted under state law as well as all other applicable state and
			 local requirements to which the proposal may be related.
(c) Compliance with Criteria and Standards.
			 To receive favorable findings, each application and proposal must be found in
			 conformity with the criteria and standards established herein insofar as the
			 criteria or standards established herein apply to the proposed new
			 institutional health service, health care facility, and/or capital expenditure.
			 These requirements are in addition to the required findings for inpatient
			 facilities found in
Code of Ala. 1975
, §
									22-21-266. Favorable findings
			 shall be made in writing and shall be made a part of the administrative record
			 on the project.
Author:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.02 - State Health Plan Or Plans

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The proposed new institutional health service shall be consistent with the
			 appropriate state health facility and services plans effective at the time the
			 application was received by the state agency, which shall include the latest
			 approved revisions of the following plans:
(a)
			 the most recent Alabama State Health Plan;
(b) Alabama State Plan for Services to the
			 Mentally Ill;
(c) Alabama State
			 Plan for Rehabilitation Services;
(d) Alabama Developmental Disabilities
			 Plan;
(e) Alabama State Alcoholism
			 Plan;
(f) such other state plans as
			 may from time to time be required by federal or state statute.
Author:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.03 - Applicant's Long-Range Development Plan

Current through Register Vol. 42, No. 9, June 28, 2024
The relationship to the long-range development plan (if any) of
				the person providing, or proposing the project shall be addressed.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-264.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.04 - Availability Of Alternatives

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 availability of less costly, more efficient, more appropriate, or more
			 effective alternatives to the proposed facility or service to be offered,
			 expanded, or relocated will be considered.
(a) In the consideration of the availability
			 of alternatives, priority may be given to those alternatives that are in
			 existence.
(b) Less costly
			 alternatives must be judged against the need for greater accessibility,
			 availability, and the impact on the total health care system.
Author:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.05 - Need For The Project

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Determination of a substantially unmet public requirement for the proposed
			 health care facility, service, or capital expenditure shall be made before
			 approval may be granted. The need shall be consistent with orderly planning
			 within the state and community for furnishing comprehensive health care. Such
			 determination of need shall be made based on the merits of the proposal after
			 giving appropriate consideration to the following:
(a) financial feasibility of the proposed
			 change in service of the facility;
(b) specific data supporting the
			 demonstration of need for the proposed change in facility or service shall be
			 reasonable, relevant, and appropriate;
(c) evidence of evaluation and consistency of
			 the proposed change in facility or service with the facility's and the
			 community's overall health and health-related plans;
(d) evidence of consistency of the proposal
			 with the need to meet nonpatient care objectives of the facility such as
			 teaching and research;
(e) evidence
			 of review of the proposed facility, service, or capital expenditure when
			 appropriate and requested by other state agencies;
(f) evidence of the locational
			 appropriateness of the proposed facility or service such as transportation
			 accessibility, manpower availability, local zoning, environmental health,
			 etc.;
(g) reasonable potential of
			 the facility to meet licensure standards;
(h) reasonable consideration shall be given
			 to medical facilities involved in medical education.
Authors:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.07 - Access To The Facility Or Service

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The contribution of the proposes service
			 or facility in meeting the health related needs of traditionally medically
			 underserved groups (for example, low income persons, racial and ethnic
			 minorities, women, and handicapped persons) particularly those needs identified
			 in the appropriate state plan will be considered. This purpose is to ensure
			 that the medically underserved will receive equal access to care, that the
			 project will be accessible to the whole community, and that the community needs
			 the proposed project. For the purpose of determining the extent to which the
			 proposed service will be accessible, the state agency will consider:
(a) the extent to which the medically
			 underserved currently use the applicant's services in comparison to the
			 percentage of the population in the applicant's service areas which is
			 medically underserved, and the extent to which the medically underserved are
			 expected to use the proposed services;
(b) the applicant's performance in meeting
			 its obligation, if any, under any applicable federal regulations requiring
			 provision of uncompensated care, community service, or access by minorities or
			 handicapped to programs receiving federal financial assistance;
(c) the extent to which the unmet needs of
			 Medicare, Medicaid, and medically indigent patients are proposed to be served
			 by the applicant; and
(d) the
			 extent to which the application offers a range of means by which a person will
			 have access to the proposed services.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.08 - Relationship Of Existing Health Care System

Current through Register Vol. 42, No. 9, June 28, 2024
The relationship of the services proposed to be provided to the
				existing health care system of the area in which the services are proposed to
				be provided will be considered. The proposed services shall be complimentary to
				and supportive of the existing health care system.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-264, 274.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.09 - Appropriate Applicant

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Determination shall be made that the person applying is an appropriate
			 applicant, or the most appropriate applicant in the event of competing
			 applications, for providing the proposed health care facility or service, such
			 determination to be established from the evidence as to the ability of the
			 person, directly or indirectly, to render adequate service to the public,
			 including affirmative evidence as to the following:
(a) Professional capability of the facility
			 proposing the capital expenditure.
1. If the
			 application requires the services of a specialist, such as an open heart
			 surgeon, the applicant will comment on the availability of such
			 specialist.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.11 - Access By Health Professional Schools

Current through Register Vol. 42, No. 9, June 28, 2024
If proposed health services are to be available in a limited
				number of facilities, the extent to which the health professional schools in
				the area, or in adjacent areas, will have access to the services for training
				purposes will be considered.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-264.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.12 - Special Needs Of Multi-Area Providers

Current through Register Vol. 42, No. 9, June 28, 2024
The special needs and circumstances of those entities which
				provide a substantial portion of their services or resources, or both, to
				individuals not residing in the health service areas in which the entities are
				located or in adjacent health service areas will be considered. These entities
				include medical and other health professional schools, multidisciplinary
				clinics and specialty centers (including but not limited to
				obstetrical-gynecological, pediatric, eye, psychiatric, or rehabilitation
				hospitals, or other single specialty hospitals).
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-264.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.13 - Special Needs Of Health Maintenance Organizations

Current through Register Vol. 42, No. 9, June 28, 2024
The special needs and circumstances of health maintenance
				organizations will be considered. These needs include the needs of enrolled
				members and reasonably anticipated new members of the health maintenance
				organization for the health services proposed to be provided by the
				organization.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-264, 274.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.14 - Construction Projects

Current through Register Vol. 42, No. 9, June 28, 2024
All construction projects shall be designed and constructed
				with the objective of maximizing cost containment, protection of the
				environment and conservation of energy. The impact of the construction costs,
				including financing charges on the cost of providing health care, shall be
				considered.
(a) All applicants for new
			 construction need not provide evidence of appropriate zoning for the proposed
			 construction, but must provide such should it be requested by the
			 agency.
(b) Each proposal in excess
			 of one million, five hundred thousand dollars ($1,500,000.00) which involves
			 construction, modernization, or alteration of the physical plant, shall be
			 accompanied by a copy of the schematic drawings.
(c) Each proposal involving construction
			 shall be accompanied by a cost estimate.
(d) Construction projects limited to the
			 elimination of architectural barriers to the handicapped shall receive special
			 consideration.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-264(8).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.15 - Supplemental Review Criteria

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Conformity With Local Zoning and Building Codes. The proposed facility or
			 service must conform to local zoning ordinances and building codes.
(2) Compliance with Applicable State Statutes
			 for the Protection of the Environment. The proposed facility shall comply with
			 all applicable state statutes and regulations for the protection of the
			 environment.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-264.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.16 - Compliance With State Licensure Rules, Regulations and Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The proposed
			 facility shall be constructed and operated in compliance with the appropriate
			 state licensure rules, regulations, and standards.
(a) The proponent shall certify on the
			 application form that he has read and understands the state licensure rules,
			 regulations, and standards and that the facility or service complies, or will
			 comply fully.
(b) In the case of an
			 existing facility, no proposal will be approved for a facility operating with a
			 "Probational License" unless the proposal will specifically bring the facility
			 into compliance with rules, regulations, and standards. Facilities holding
			 "Probational Licenses" from the Alabama Department of Public Health, based on
			 operation deficiencies, will be denied approval until the operation
			 deficiencies are corrected and verified by the licensure authority.
Author:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.17 - Past Performance Of Existing Services and Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
In the case of existing services or facilities, the quality of
				care provided by those services or facilities in the past will be
				considered.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-264, 274.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-6 - REVIEW CRITERIA AND STANDARDS › Section 410-1-6-.18 - Required Findings For New Inpatient Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
No certificate of need for new inpatient facilities or services
				shall be issued unless the Certificate of Need Review Board makes each of the
				following findings as required by state statute:
(a) that the proposed facility or service is
			 consistent with the latest approved revision of the appropriate state plan
			 effective at the time the application was received by the state
			 agency;
(b) that less costly, more
			 efficient or more appropriate alternatives to such inpatient service are not
			 available, and that the development of such alternatives has been studied and
			 found not practicable;
(c) that
			 existing inpatient facilities providing inpatient services similar to those
			 proposed are being used in an appropriate and efficient manner consistent with
			 community demands for services;
(d)
			 that in the case of new construction, alternatives to new construction (e.g.,
			 modernization and sharing arrangement) have been considered and have been
			 implemented to the maximum extent practicable; and
(e) that patients will experience serious
			 problems in obtaining inpatient care of the type proposed in the absence of the
			 proposed new service.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-266.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.01 - Time Periods

Current through Register Vol. 42, No. 9, June 28, 2024
Any time period established herein shall begin on the day
				following the event which invokes the time period. When the last day of the
				period falls on a Saturday, Sunday, or state or federal holiday, the period
				shall be extended to the next day which is not a Saturday, Sunday, or state or
				federal holiday. The time period shall expire at 5:00 p.m. on the last day of
				the computed period.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(3).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.02 - Reviewability Determination Request

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person may request for informational
			 purposes only a determination as to the current reviewability of an anticipated
			 project or determination of exemption for replacement equipment. Such request
			 shall be submitted pursuant to Rule
			 410-1-3-.09 disclosing full
			 factual information as may be more specifically identified on the SHPDA
			 website, supplemented by any additional information or documentation which the
			 Executive Director may deem necessary. Such request shall be attested by an
			 officer, partner or authorized agent of the company having knowledge of the
			 facts contained therein, utilizing the following form:
(a)
Affirmation of Requesting
			 Party
: The undersigned, being first duly sworn, hereby make oath
			 or affirm that he/she is [include position with entity requesting the
			 determination], has knowledge of the facts in this request, and to the best of
			 his/her/their information, knowledge and belief, such facts are true and
			 correct.
Affiant ____________________________________________
				(SEAL)
SUBSCRIBED AND SWORN to before me this ____ day of
				__________.
_______________________________________
Notary Public
My commission expires:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.03 - Notice Of Intent To Acquire

Current through Register Vol. 42, No. 9, June 28, 2024
Notice of intent to acquire shall be submitted in electronic
				PDF format, pursuant to Rule
				410-1-3-.09, to the executive
				director of the state agency, by any person entering into a contract to acquire
				major medical equipment which will not be owned or located in a health care
				facility. Said notice shall be filed at least (30) days before the transaction
				occurs.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.04 - Notice Of Change Of Ownership

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A notice of a change in ownership or
			 control of a health care facility or service for which a CON has been granted
			 shall be provided to the State Agency by the acquiring entity at least twenty
			 (20) days before the transaction occurs, unless a shorter period is authorized
			 for good cause shown by the Executive Director.
(2) The notice of change of ownership or
			 control shall be filed pursuant to Rule
			 410-1-3-.09 on forms approved by
			 the State Agency, accompanied by a reviewability determination fee of $2,500.00
			 before the transaction occurs. Any transfer of ownership or control of a CON
			 that has not become "vested" under
Code of Ala. 1975
,
			 §
								22-21-270(d) must
			 meet the requirements of
Code of Ala. 1975
, §
								22-21-270(e) to
			 qualify for an exemption from CON review. The Executive Director shall issue a
			 letter confirming the non-reviewability of any transfer of ownership or control
			 that qualifies for an exemption under
Code of Ala.
			 1975
, §
								22-21-270.
(3) The notice shall include:
(a) the financial scope of the project to
			 include the preliminary estimate of the costs broken down by equipment,
			 construction, and yearly operating cost;
(b) the services to be offered by the
			 proposal; (The applicant will state whether he has previously offered the
			 service and whether the service is an extension of a presently offered service,
			 or whether the service is a new service.)
(c) whether the proposal will include the
			 addition of any new beds;
(d)
			 whether the proposal will involve the conversion of beds;
(e) whether the assets and stock (if any)
			 will be acquired; and
(f) any other
			 information that the Executive Director shall deem necessary to ensure a full
			 understanding by the State Agency.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.05 - Letter Of Intent

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A letter of
			 intent must be filed electronically pursuant to Rule
			 410-1-3-.09 at least thirty (30)
			 days prior to submission of a formal application, and shall be accompanied by a
			 possessing fee of $250.00. The processing fee must be submitted to the State
			 Agency via overnight mail and marked in such a way as to clearly identify the
			 fee with the electronic submission; or the fee may be submitted electronically
			 via the payment portal available through the State Agency's website.
(2) The letter of intent must contain as a
			 minimum the information addressed in Rule
			 410-1-7-.04(3)(a)
			 -(f). All letters of intent should be directed to the executive director of the
			 state agency.
(3) The letter of
			 intent must include the anticipated date of filing the formal application with
			 the state agency.
(4) A letter of
			 intent shall remain effective for a period of six (6) months from the date of
			 receipt by the state agency. If no application is received by the state agency
			 within the six-month period, the letter of intent will be rendered null and
			 void.
(5) For those projects
			 eligible for batching, use of the letter of intent in Rule
			 410-1-7-.19 should be
			 noted.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(17).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.07 - Incomplete Applications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon
			 determination that the application is incomplete, the state agency will notify
			 the applicant of the additional information required. The applicant will have
			 thirty (30) days from the date of the notice in which to submit the additional
			 information.
(2) Failure of the
			 applicant to provide such additional information within the required thirty
			 (30) days, will result in the application being deemed insufficient for
			 certificate of need review and will be dismissed from the review process.
(a) The applicant will be notified if the
			 application is dismissed from the review process.
(b) If the application is dismissed from the
			 review process on the grounds that it is incomplete, the applicant will be
			 required to file a new application with the required fee to enter the same
			 project into the review process.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.08 - Complete Applications

Current through Register Vol. 42, No. 9, June 28, 2024
Upon determination that the application is complete, the state
				agency will notify the applicant and other affected persons of the review
				schedule. This notification will include, at a minimum, the identification of
				the proposed facility or service, to include the name of the applicant,
				location of the project (that is, the area of the city or county, i.e., north,
				south, east, west, etc., in which the project is to be located), a description
				of the scope of the proposal and the review schedule.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-267, 275.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.09 - Project Review Period (Review Cycle)

Current through Register Vol. 42, No. 9, June 28, 2024
The project review period shall be ninety (90) days (unless
				extended) from the date the application is deemed complete. The review period
				will begin on the date of notification that an application is complete, which
				shall be the date on which the notice is sent to the applicant, affected
				persons and the appropriate newspapers.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.10 - Extension Of The Review Period

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Extension by the state agency.
(a) The state
			 agency may extend the project review period for a period not to exceed thirty
			 (30) days with or without the consent of the applicant under the following
			 conditions:
1. to allow time for competing or
			 comparable applications to be heard in the same review cycle;
2. to allow additional time for review of
			 difficult and complicated projects;
3. to allow the project to be reviewed at the
			 next meeting of the Certificate of Need Review Board.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.11 - Withdrawal From The Review Process

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The applicant may withdraw an application
			 from the review process.
(a) The request to
			 withdraw shall be made to the State Agency pursuant to the provisions of Rule
			 410-1-3-.09.
(b) If an application is withdrawn, the
			 filing fee will not be refunded.