Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-2-3 - SPECIALTY SERVICES › Section 410-2-3-.05 - End Stage Renal Disease Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Discussion
(a) Those who suffer with End Stage Renal
			 Disease have inadequate renal function to support life. Individuals with
			 end-stage disease must rely on kidney dialysis or peritoneal dialysis to
			 survive. End Stage Renal Disease may be caused by a number of problems
			 including diabetes, sickle cell disease, hypertension and congenital renal
			 disease (polycystic kidney disease).
(b) In 1991 the Legislature declared that it
			 was in the best interest of the state and its residents for kidney disease
			 treatment centers to be established and operated throughout the state so that
			 any patient needing such treatment would be able to utilize a hemodialysis unit
			 located within a reasonable distance of their home.
Code of Ala.
			 1975
, §
									22-21-278, allows kidney disease
			 treatment centers with ten (10) stations or less located in a Class 3, 4, 5, 6,
			 7 or 8 municipality to be established without a Certificate of Need. Kidney
			 disease treatment centers located in a Class 4, 5, 6, 7, or 8 municipality
			 located in a county in which a Class 1, 2 or 3 municipality, or any part of
			 such municipality, are located are required to receive Certificate of Need
			 approval for any dialysis stations.
(c) In order to further expand access to End
			 Stage Renal Disease treatment in rural areas, any existing kidney disease
			 treatment center located in a county that does not contain all or any part of a
			 Class 1, 2, or 3 municipality (as such classes are defined in sections
			 11-40-12 and
			 11-40-13, C
ode of
			 Ala. 1975
) shall qualify for this exception to the need
			 methodology set forth in
			 410-2-3-.05(2)
			 to add up to six (6) stations if the existing kidney disease treatment center
			 can demonstrate an average weekly utilization at or above the Optimal
			 Utilization of eighty percent (80%) of Present Capacity (as such terms are
			 defined in
			 410-2-3-.05(2))
			 for a period of ten (10) consecutive weeks within the six (6) months
			 immediately preceding the filing of a Letter of Intent for the additional
			 stations. Such additional stations shall be considered an exception to the need
			 methodology set forth within
			 410-2-3-.05(2)
			 and shall be considered regardless of the utilization of any other kidney
			 disease treatment centers in the county. However, any present in-center
			 stations developed pursuant to a CON granted under this provision will
			 thereafter be included in future need methodology calculations in accordance
			 with 410-2-3-.05(2).
(i) In addition to such additional
			 information that may be required by SHPDA, a kidney disease treatment center
			 seeking a CON under this provision must provide the following information:
(I) Demonstration of compliance with the
			 utilization rate in paragraph (1)(c);
(II) The existing kidney disease treatment
			 center has not been granted a CON for an increase of stations under this
			 section within the preceding twelve (12) month period, which twelve (12) month
			 time period begins to run upon the issuance of a license by the Alabama
			 Department of Public Health for the additional stations in accordance with
			 paragraph (1) (c); and
(III) The
			 kidney disease treatment center must have been licensed for at least one (1)
			 year as an End Stage Renal Disease treatment center.