Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.06 - Filing Of A Certificate Of Need Application

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Formal application for a Certificate of
			 Need review shall be made on the appropriate forms provided by the State
			 Agency, or reasonable facsimile thereof. Information required for review may
			 vary depending on the nature of the proposal. The filing of a formal
			 application with the Agency shall be a prerequisite for the issuance of a
			 Certificate of Need.
(a) The applicant must
			 submit the application to the Agency electronically in text searchable, PDF
			 format, as required under SHPDA Rule
			 410-1-3-.09. In addition,
			 applicants for a certificate of need for substance abuse treatment facilities
			 or psychiatric beds shall also provide proof of publication of notice of the
			 application once a week for two consecutive weeks in a newspaper of general
			 circulation in the areas(s) affected, in such size and using such forms as
			 provided by the Agency, and electronically submit proof of publication to the
			 Agency no later than the 30th day of the review
			 cycle. Where publication has occurred within the thirty day deadline but the
			 newspaper failed to provide a notarized proof of publication, counsel may
			 provide copies of the actual publication along with a notarized certificate
			 from counsel or an employee of the applicant attesting to the newspaper and
			 publication date. Failure to provide proof of publication by the
			 30th day of the review cycle will deem the
			 application incomplete, and it will be dismissed from the review cycle in
			 accordance with Rule
			 410-1-7-.07.
(b) Each application for a Certificate of
			 Need except as provided below, shall be accompanied by a nonrefundable fee of
			 one percent of the estimated cost of the proposed cost of the new institutional
			 health service, or a maximum of $12,000.00 indexed and a minimum of $3,500.00.
1. An applicant, other than a rural hospital
			 as defined by the Health Care Financing Administration, who has had an average
			 daily census comprised of fifty percent (50%) or more Medicaid patients within
			 the last year prior to the filing of the application must pay a filing fee of
			 three-quarters of one percent of the cost of the proposed cost of the new
			 institutional health service with a maximum of $8,000.00 and a minimum of
			 $3,000.00.
2. A rural hospital
			 applicant who has had an average daily census comprised of thirty percent (30%)
			 or more Medicaid/Medicare patients within the last year prior to the filing of
			 the application must pay a filing fee of three-quarters of one percent of the
			 estimated cost of the proposed cost of the new institutional health service
			 with a maximum of $6,000.00 and a minimum of $1,500.00.
3. 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.
(c) The
			 application shall include a sworn statement as to the validity of the facts
			 stated therein and shall be notarized by an official authorized to administer
			 oaths in the State of Alabama.
(d)
			 The filing fee is not refundable after the fee has been tendered to the State
			 Agency.
(e) Any provisions of this
			 regulation notwithstanding, a filing fee shall not be required at the time of
			 the filing of the application if the Statewide Health Coordinating Council has
			 not met and reviewed and/or revised the State Health Plan in the year
			 proceeding the filing of the application unless and until the Statewide Health
			 Coordinating Council shall subsequently meet and review and/or revise the State
			 Health Plan. In said instances where the annual review comes after the initial
			 filing of an application, the applicant shall have thirty (30) days in which to
			 pay the requisite filing fee as established at the time of filing.