Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-5B - SPECIALTY CARE ASSISTED LIVING FACILITIES › Section 410-1-5B-.01 - Review Procedures For Existing Facilities And Facilities Which Are In Development

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Alabama Department of Public Health has determined that there exists a need for
			 a new license category for a level of intermediate care which is separate and
			 distinct from the current license requirements for an Assisted Living Facility.
			 Such intermediate care is designed to address certain residents' special needs
			 due to the onset of dementia, Alzheimer's disease or similar severe cognitive
			 impairment and are in addition to assistance with normal daily activities
			 including, but not limited to, restriction of egress for residents where
			 appropriate and necessary to protect the resident. The new requirements are set
			 forth at
Ala. Admin. Code
§ 420-5-20,
et
			 seq.
and went into effect on November 6, 2000.
Without implementation of a procedure to quickly and
				efficiently issue CONs to existing facilities which were going to continue to
				provide this intermediate care, there existed a risk that said facilities would
				not have been able to maintain their license and, thus, placed at risk the
				patients which these facilities served and the financial viability of said
				facilities. This represented an immediate threat to the health, safety and
				welfare of the residents, their families, the facilities and the facilities'
				employees.
(2) As a result,
			 this Agency adopted an emergency rule which provided a means whereby said
			 facilities could obtain the necessary CONs in a timely manner to prevent any
			 unnecessary disruption of services. By adoption of this permanent rule, the
			 Agency adopts on a permanent basis a procedure wherein said existing facilities
			 can obtain the necessary CONs under a non-substantive review procedure to
			 prevent any unnecessary disruption of services.
(a) In accordance with the regulations
			 adopted by the State Health Coordinating Council on October 20, 2000, need will
			 be presumed to be established for any existing Assisted Living Facility that
			 demonstrates that it was providing Specialty Care as defined by the Department
			 of Public Health under
Ala. Admin. Code
§
			 420-5-20,
et seq.
as of November 6, 2000 or was under
			 development as of such date. For purposes of this provision, the term "under
			 development" shall mean that at least preliminary first stage architectural
			 drawings for construction of the Specialty Care Assisted Living Facility at a
			 site designated by subdivision plat or metes and bounds have been submitted to
			 the State Board of Health for construction of a certified Specialty Care
			 Assisted Living Facility under
Ala. Admin. Code
§
			 420-5-20,
et seq.
(b) Any existing provider seeking a CON under
			 this rule must file an application by December 31, 2000. Applicants should
			 provide evidence of their ability to meet licensure standards as part of their
			 application. Applicants that meet the aforementioned criteria and affirm that
			 their application to continue existing services does not involve a capital
			 expenditure in excess of $500,000 shall have their applications considered as
			 part of a non-substantive review process, which shall include direct review by
			 the Certificate of Need Review Board. Applicants who are existing providers and
			 whose projects are "under development" (as both terms are described in 410-1-5
			 B-.01(2)(a) above) and who file their applications prior to the December 31,
			 2000 deadline shall be required to pay an application fee of $25.00 prior to
			 the issuance of the requested CON.
(c) Since need shall be presumed for all
			 existing providers as of November 6, 2000 who meet the requirements of this
			 section, there will be no batching cycle established with respect to any
			 applications for a CON under the provisions of this emergency rule.