Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-10 - SPECIAL REVIEWS › Section 410-1-10-.01 - Emergency Review

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person
			 may apply independently and without notice for an emergency Certificate of Need
			 for the authorization of capital expenditures made necessary by unforeseen
			 events which endanger the health and safety of the patients. Emergency capital
			 expenditures include, but are not necessarily limited to, emergency
			 expenditures to maintain quality care, overcome failure of fixed equipment,
			 including heating and air conditioning equipment, elevators, electrical
			 transformers, and switch gear, sterilization equipment, emergency generators,
			 water supply and other utility connections and damage caused by natural or
			 manmade disaster.
(a) The applicant must
			 notify the State Agency in writing, describing the nature of the emergency, the
			 probable amount of the emergency expenditure and the anticipated date that the
			 emergency expenditure would be obligated. The applicant must clearly
			 demonstrate that an emergency exists. A copy of the application shall be served
			 on any party that has a pending application seeking a Certificate of Need for
			 similar authority in the same health service area. Each application for an
			 emergency Certificate of Need shall be accompanied by a nonrefundable filing
			 fee as provided for in Rule
			 410-1-7-.06(1)(b).
(b) The executive director shall publish
			 notice of the application on the agency's website and provide general notice to
			 the general distribution list maintained by the agency and notify the Chairman
			 and the Vice Chairman of the Certificate of Need Review Board of the stated
			 emergency, who may, upon a determination that an emergency actually exists,
			 order that a Certificate of Need be issued. The Chairman and Vice-Chairman may
			 approve an application for an emergency Certificate of Need prior to the
			 fifteen (15) comment period referenced in paragraph (c) below upon a finding
			 that a fifteen day (15) delay in issuance of the emergency Certificate of Need
			 would result in direct and immediate danger to the health and safety of
			 patients. Should the Chairman or Vice-Chairman recuse himself or herself from
			 consideration of the application, it may be approved with the signature of the
			 remaining officer.
(c) Within
			 fifteen (15) days of publication pursuant to (b) above, any affected person may
			 file with the agency comments regarding the application, regardless of whether
			 it has been approved by the Chairman and Vice-Chairman.
(d) The Executive Director, prior to the
			 meeting of the Certificate of Need Review Board ("Board") where ratification is
			 to be considered, shall provide copies of any comments to the Certificate of
			 Need Review Board members for their consideration.
(e) An emergency Certificate of Need which
			 has been issued by the Chairman and Vice-Chairman shall be voted upon and
			 ratified or disapproved by the Board at the next regularly scheduled meeting in
			 which a quorum exists to consider the matter. Failure to ratify the emergency
			 Certificate of Need at such meeting shall render the Certificate of Need null
			 and void.
(f) The applicant or
			 intervenor may appeal the Board's grant or denial of an Emergency Certificate
			 of Need to a Fair Hearing. Such appeal shall be conducted in accordance with
			 the provisions of Ala. Admin. Code r.
			 410-1-8-.16 applicable to regular
			 Certificate of Need applications; provided, however, that the Fair Hearing
			 Officer shall conduct a hearing on an expedited basis and shall issue an order
			 within two (2) weeks of the filing of the appeal, unless this period is
			 extended by consent of all parties. There is no right to a Fair Hearing appeal
			 for an emergency Certificate of Need request not signed by the Chairman and
			 Vice-Chairman pursuant to paragraph (b) above.
(g) A firm commitment or obligation shall be
			 incurred pursuant to the emergency Certificate of Need within ninety (90) days
			 from the date of issuance thereof. No extensions of Emergency Certificates of
			 Need will be authorized.