Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-1 - LEGAL AUTHORITY AND SANCTIONS › Section 410-1-1-.04 - Sanctions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Injunctive Relief
. Injunctive relief against
			 violations of the statute or any reasonable rules and regulations of the state
			 agency may be obtained from the Circuit Court of Montgomery County, Alabama, at
			 the instance of the state agency, any holder of a certificate of need that is
			 adversely affected in the exercise of privileges thereunder by such violation
			 or any member of the public directly and adversely affected by such violation.
			 Upon written request by the state agency, it shall be the duty of the Attorney
			 General of the State of Alabama to furnish such legal services as may be
			 appropriate and to prosecute such action for injunctive relief to an
			 appropriate conclusion.
(2)
No License to Operate
. The State Board of Health shall
			 not issue a license to operate new inpatient beds or any health care facility
			 constructed or acquired in violation of the statute and without a certificate
			 of need issued pursuant to the statute.
(3)
No Reimbursement Upon
			 Violation
. Any facility or service provided or constructed in
			 violation of the statute and without a certificate of need shall not receive
			 reimbursement for services rendered by the health care facility or for the
			 service provided by the facility which is provided in violation of the statute
			 without a certificate of need. This provision applies to all reimbursement
			 programs administered by the State of Alabama. Recommendations will be made to
			 other reimbursing agencies that reimbursement be denied.
(4)
Revocation of Certificate of
			 Need
.
(a) The state agency or
			 any person who has standing to seek injunctive relief for violations of the
			 statute may petition the Certificate of Need Review Board for the revocation of
			 a Certificate of Need. The petition must be filed pursuant to the provisions of
			 Rule 410-1-3-.09. No Certificate of
			 Need can be revoked except upon sworn proof of evidence that shows conclusively
			 that the holder of the Certificate of Need has committed actual fraud in its
			 inducement or has fraudulently exceeded the scope of the approved application.
			 Upon receipt of such petition, the state agency will give notice to, and an
			 opportunity to show compliance by the holder of the Certificate of Need. No
			 Certificate of Need can be revoked except after such notice and a public
			 hearing, at which time the petitioner, the holder of the Certificate of Need,
			 and any other affected party will have an opportunity to be heard.
(b) Any person may, upon request and for good
			 cause shown, request a public hearing on the reconsideration of the revocation,
			 pursuant to the provisions of Rule
			 410-1-3-.09. Such a hearing shall
			 conform with the regulations regarding reconsideration hearings
			 herein.
(c) Any person adversely
			 affected by a decision to revoke a Certificate of Need may, request a fair
			 hearing on the decision pursuant to the provisions of Rule
			 410-1-3-.09. Such a hearing shall
			 conform with the regulations regarding fair hearings herein.
(d) For purposes of this section, the burden
			 of proof is upon the petitioner to show that the holder of a Certificate of
			 Need has materially exceeded the scope or cost of the project as evidenced by
			 the application for the Certificate of Need as well as by the conditions made
			 on the certificate itself.