reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.12 - Thirtieth (30th) Day Of The Review Period

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Once an application is deemed to be
			 complete by the State Agency staff, the applicant will then have thirty (30)
			 days from this date in which to submit additional information. No additional
			 data will be accepted or considered for inclusion in the application unless
			 received on or before the thirtieth (30th) day of the review cycle, unless such
			 additional information is requested by the Executive Director of the State
			 Agency. Additional data may include but not be limited to the following:
(a) additional information, letters of
			 support and other materials for the Board's consideration in ruling on the
			 merits of the application;
(b)
			 speakers to make the presentation to the Certificate of Need Review Board;
1. The applicant will provide to the State
			 Agency staff a complete list of speakers by name on or before the thirtieth
			 (30th) day of the review period. Speakers will be limited to those named; only
			 at the sound discretion of the Chairman of the Certificate of Need Review Board
			 will substitution be permitted.
2.
			 If no list of speakers is received from the applicant, only the applicant or
			 his designee will be allowed to speak.
3. The presentations to the Certificate of
			 Need Review Board will be limited to the materials filed as a matter of record
			 with the Agency on or before the 30th day of the review period.
(c) content of visual aids used in
			 presentations to the Certificate of Need Review Board.
1. The applicant may use visual aids, such as
			 graphs, charts and related materials in his presentation to the Certificate of
			 Need Review Board, only if the content of such aids, provided in sufficient
			 detail to allow any opponent to prepare a response thereto, is included in the
			 application materials by the thirtieth (30th) day of the review
			 cycle.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.13 - Forty-Fifth (45th) Day Of The Review Period

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Once an application is deemed complete by
			 the state agency staff, person(s) other than the applicant will have forty-five
			 (45) days from the beginning of the review cycle in which to have filed with
			 the state agency the following:
(a)
			 information and letters for the Board's consideration in ruling on the merits
			 of the application;
1. Person(s) other than
			 the applicant, who wish to submit written statements, either in opposition or
			 support of the application, must electronically filed their comments on or
			 before the forty-fifth (45th) day of the review cycle.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.14 - Fiftieth (50) Day Of Review Period

Current through Register Vol. 42, No. 9, June 28, 2024
The state agency staff shall prepare a staff report on each
				application in the review process. The staff report shall be mailed to the
				applicant on or before the Fiftieth (50th) day of the review period.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.15 - Fifty-Fifth (55th) Day Of The Review Period

Current through Register Vol. 42, No. 9, June 28, 2024
The applicant or any intervenor of record may request a
				contested case hearing, as described in Section
				410-1-8-.02, on or before the
				55th day of the review cycle.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.16 - Sixty-Fifth (65th) Day Of The Review Period

Current through Register Vol. 42, No. 9, June 28, 2024
The applicant may respond in letter form to the State Agency
				staff report and any comments submitted in opposition to the application on or
				before the sixty-fifth (65th) day of the review cycle, pursuant to the
				provisions of Rule
				410-1-3-.09.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.17 - Certificate Of Need Review Board Public Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Certificate of Need Review Board will
			 hold monthly public hearings for the purpose of reaching decisions on all
			 applications in the review cycle.
(a) The
			 application should be scheduled to be heard by the Certificate of Need Review
			 Board not less than eighty (80) days after the project has been deemed complete
			 and no longer than ninety (90) days unless the application has been
			 extended.
(b) Notification of the
			 public hearing will be made in writing to the applicant and other affected
			 parties. The general public will be notified of the public hearing through news
			 releases. The notification will include the time, place, and nature of the
			 public hearing.
(c) Where an
			 Administrative Law Judge has conducted a contested case hearing with respect to
			 an application or competing applications, pursuant to
			 410-1-8-.02, then presentations
			 before the Certificate of Need Review Board shall be by written briefs filed
			 with the agency no later than seven (7) days before the Certificate of Need
			 Review Board meeting at which the recommendated findings of fact and
			 conclusions of law submitted by the Administrative Law Judge are to be
			 considered and/or, at the discretion of the Chairperson, by oral
			 arguments.
Author:
Alva M. Lambert
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.18 - Failure To Reach Decision Within Time Specified

Current through Register Vol. 42, No. 9, June 28, 2024
Should the state agency fail to reach a decision within the
				ninety (90) day project review period or an authorized extension thereof, the
				application will be deemed denied and the project deemed not to be
				needed.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(3).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.19 - Batching

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Batching is the
			 formal review in the same 90-day review cycle and comparative consideration of
			 all completed applications pertaining to similar types of services, facilities,
			 or equipment affecting the same health service area.
(2) Batch eligible projects are only those
			 facilities, services, and equipment, which are finite in number (such finite
			 number being greater than zero) as defined by the State Health Plan.
(3) The concurrent review cycle (batching)
			 begins when a letter of intent is submitted by an applicant for a project which
			 is batch eligible. The letter of intent shall be in such detail as to advise
			 the state agency and other health care providers in the same health service
			 area of the nature, scope and approximate cost of the project for which
			 certificate of need approval will be sought. (See
			 410-1-7-.04.)
(4) The following is the concurrent review
			 schedule (batching):
(a) Day One (1): Day one
			 (1) begins on the fifth (5th) working day following receipt of the letter of
			 intent by the state agency at which time written notice will be sent to all
			 affected persons, which will include a copy of the letter of intent. Notice
			 will be sent to all affected persons by calendar day one.
(b) Day Thirty (30): On or before day thirty
			 (30), all other letters of intent for a similar project must be
			 submitted.
(c) Day Sixty (60): On
			 or before day sixty (60), all certificate of need applications must be on file
			 according to
			 410-1-7-.05(1).
			 No certificate of need application will be deemed complete prior to the
			 sixtieth (60th) day.
(d) Day
			 Seventy-Five (75): On or before day seventy-five (75), the state agency will
			 have determined whether the application is complete or incomplete.
(e) Day Ninety (90): On or before day ninety
			 (90), all additional information for incomplete applications must be received
			 or the project will be deleted from the concurrent review cycle.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.20 - Variance In Review Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
Review procedures provided for in these regulations may vary
				according to the purpose for which a particular review is being conducted
				and/or the nature and type of service or expenditure proposed.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(18).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-7 - REVIEW PROCEDURES › Section 410-1-7-.21 - Temporary Fee Surcharge (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-271(d).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.01 - Public Hearing During Course Of Review

Current through Register Vol. 42, No. 9, June 28, 2024
Each application for a Certificate of Need shall be accorded a
				public hearing during the course of the project's review, which will be held at
				the monthly meeting of the Certificate of Need Review Board unless the
				applicant or intervenor of record shall have timely requested that the
				application or competing applications be assigned to an Administrative Law
				Judge for a contested hearing pursuant to the requirements of the Alabama
				Administrative Procedure Act. Upon timely written request on or before the
				fifty-fifth (55th) day of the review period, the applicant or any intervenor of
				record may request that the application be assigned to an Administrative Law
				Judge for such contested hearing. If no such party of record shall have made a
				timely request for assignment to an Administrative Law Judge, the application
				or competing application shall be heard before the Certificate of Need Review
				Board at public hearing as provided above.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-22-12,
				  22-21-275(6), as
				  amended by Act 98-341.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.03 - Conduct Of Public Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
Opportunity shall be afforded all persons who make a timely
				notice under
				410-1-7-.12,
				410-1-7-.13,
				410-1-8-.01, and
				410-1-8-.02 of these Rules to
				respond and present evidence and argument on all material relevant to the
				issues involved and to be represented by counsel at their own expense.
				Provided, however, that where a contested case hearing has been held before an
				Administrative Law Judge, presentations to the Certificate of Need Review Board
				shall be by written exceptions electronically filed with SHPDA in accordance
				with Rule
				410-1-8-.05 and
				410-1-3-.09 and, at the
				discretion of the Chairperson, by oral arguments.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-275,
				  41-22-12(d), as
				  amended by Act 98-341.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.04 - Testimony At Public Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
All oral presentation made at the public hearing shall be sworn
				to. A transcript of the public hearing will be made by a registered court
				reporter designated by the state agency. Minutes of the public hearing will be
				made by the state agency and approved by the Certificate of Need Review Board.
				On reconsiderations, at fair hearing, and on judicial appeal, the transcript
				and minutes of the public hearing will be made a part of the public
				record.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-275,
				  41-22-12.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.05 - Majority Decision

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Where the
			 public hearing has been held by the Certificate of Need Review Board, then at
			 the conclusion of the evidence, and after an opportunity for questioning of the
			 applicant or other party, a quorum of the CON Review Board shall, by a majority
			 vote of the members voting, grant or deny, in whole or in part, the application
			 for the CON or other matter properly before the Board.
(2) Where the public hearing has been
			 assigned to and conducted by an Administrative Law Judge, the Administrative
			 Law Judge shall render proposed findings of fact and conclusion of law in
			 accordance with the Alabama Administrative Procedure Act, within thirty (30)
			 days after the conclusions of the public hearing. Exceptions to the findings of
			 fact and conclusions of law shall be filed with the agency within seven days
			 after the findings of fact and conclusion of law are rendered. The proposal
			 findings of fact and conclusions of law issued by the Administrative Law Judge,
			 the record of the contested case hearing, and the exceptions to the proposed
			 order, if any, shall be submitted to the individual members of the Certificate
			 of Need Review Board at least fourteen (14) days in advance of its regularly
			 scheduled Board meeting. The proposed findings of fact and conclusions of law
			 shall be presented to the Certificate of Need Review Board at its next
			 regularly scheduled Board meeting and either ratified or rejected, in whole or
			 in part, by amajority vote of a quorum of its membership.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-275,
				  41-22-15,
				  41-22-16, as amended by Act
				  98-341.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.06 - Effective Date of Decision

Current through Register Vol. 42, No. 9, June 28, 2024
No decision of the Certificate of Need Review Board shall be
				deemed final and become the final decision of SHPDA until fifteen (15) days
				following the date of the decision. In cases first heard before an
				Administrative Law Judge ("ALJ") the ALJ's proposed Findings of Fact and
				Conclusions of Law shall become final and the final decision of SHPDA fifteen
				(15) days after the recommended order is issued if no exception are
				filed.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(13), as
				  amended by Act 98-341.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.07 - Final Order

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Certificate
			 of Need Review Board shall issue a final written order respecting the award of
			 a Certificate of Need or application for exemption. Any order respecting the
			 award of a Certificate of Need shall include findings of fact and conclusions
			 of law, separately stated. The final order shall be issued within fifteen (15)
			 days.
(a) after the public hearing is
			 concluded, if conducted by the CON Review Board; or
(b) after the recommended findings of fact
			 and conclusions of law is submitted to and voted upon by the CON Review Board,
			 if the public hearing is conducted by an Administrative Law Judge.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.08 - Issuance Of Certificate Of Need

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The executive director of the state
			 agency shall issue a certificate of need to the applicant thirty (30) days
			 after the decision of the Certificate of Need Review Board is deemed final,
			 unless the issuance of the certificate of need is suspended by the filing of a
			 request for reconsideration pursuant to Sections
			 410-1-8-.14 and
			 410-1-8-.15, or request for fair
			 hearing under Section 410-1-8 - .17. The 30 day period may be waived or
			 extended with the consent of all parties. In cases where an Administrative Law
			 Judge ("ALJ") the ALJ's proposed Findings of Fact and Conclusions of Law
			 becomes the final decision of SHPDA due to no exceptions being filed, the
			 Executive Director shall issue a certificate of need to the applicant within
			 fifteen (15) days of such decision becoming final.
(2) A press release of the issuance of a
			 Certificate of Need shall be issued the same day the certificate of need is
			 issued to the applicant. The press release will include the following
			 information:
(a) name of applicant;
(b) name and location of the
			 project;
(c) description of the
			 proposal; and
(d) the Certificate
			 of Need Review Board's decision.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.09 - Reconsideration Of Decision

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
			 aggrieved party, including the applicant, any competing applicant or any
			 aggrieved person who has intervened pursuant to
Code of Ala.
			 1975
, §
								41-22-14, as amended, may file a
			 request for reconsideration of the decision pursuant to the provisions of Rule
			 410-1-3-.09 within fifteen (15)
			 days to the date SHPDA's decision is deemed final. The request shall state with
			 particularity the evidence which supports one or more of the grounds for
			 reconsideration.
(2) Such
			 application for reconsideration will lie only
(a) if the final decision of SHPDA is:
1. in violation of constitutional or
			 statutory provisions;
2. in excess
			 of the statutory authority of SHPDA;
3. in violation of a SHPDA rule;
4. made upon unlawful procedure;
5. affected by other error of law;
6. clearly erroneous in view of the reliable,
			 probative, and substantial evidence on the whole record; or
7. unreasonable, arbitrary or capricious or
			 characterized by an abuse of discretion or a clearly unwarranted exercise of
			 discretion; or
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.10 - Conduct Of Hearing On Request For Reconsideration

Current through Register Vol. 42, No. 9, June 28, 2024
The Certificate of Need Review Board shall conduct a public
				hearing on the request for reconsideration. The hearing on the request for
				reconsideration shall be held within thirty (30) days from the date of the
				written request for reconsideration at the regular monthly meeting of the
				Certificate of Need Review Board. All oral presentations made at the
				reconsideration shall be sworn to. A transcript of the reconsideration hearing
				will be made by a registered court reporter. Minutes of the reconsideration
				hearing will be made by the state agency and approved by the Certificate of
				Need Review Board.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(12).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.11 - Notice Of Hearing On Request For Reconsideration

Current through Register Vol. 42, No. 9, June 28, 2024
Notice of the hearing on a request for reconsideration shall be
				provided by the State Agency to the person requesting the reconsideration
				hearing, the applicant, and any other person who has made a timely application
				for intervention in the case.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(5),
				  (12).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.12 - Substance Of Hearing On Request For Reconsideration

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of the hearing on the request for reconsideration
				is to determine whether good cause has been shown by the person requesting the
				reconsideration hearing. The only evidence to be considered by the Certificate
				of Need Review Board is the record of the prior public hearing on the
				application, the written evidence of good cause submitted by the requester, and
				any other written evidence filed by an applicant or intervenor to the case
				which refutes the written evidence of good cause. The Certificate of Need
				Review Board will consider all written evidence and will, in its discretion
				pursuant to
				410-1-8-.09(3),
				by a majority vote of a quorum of its members present, determine whether good
				cause has been proven. Following a determination that good cause has been
				proven, the request for reconsideration will be granted and the application for
				the Certificate of Need will be heard at the next regularly scheduled meeting
				of the Certificate of Need Review Board, with the applicant having the burden
				of proof. Following a determination that good cause has not been found, the
				request for reconsideration will be denied.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(12),
				  41-22-17.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.13 - Effect Of Reconsideration Request

Current through Register Vol. 42, No. 9, June 28, 2024
The request for reconsideration shall have the effect of
				holding in abeyance the issuance of the Certificate of Need by SHPDA and
				suspending any Certificate of Need issued pursuant to said final decision
				pending the outcome of the public hearing on reconsideration.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-275(12),
				  41-22-17, as amended by Act
				  98-341.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.14 - Issuance Of Certificate Of Need After Denial Of Reconsideration

Current through Register Vol. 42, No. 9, June 28, 2024
Following the denial of a request for reconsideration by the
				Certificate of Need Review Board, an application for a certificate of need
				having been approved, the executive director of the state agency shall issue
				the certificate of need to the applicant, as soon as practicable after the
				denial.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(12).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.15 - Issuance Of Certificate Of Need After Granting Of Reconsideration

Current through Register Vol. 42, No. 9, June 28, 2024
If the request for reconsideration is granted, a certificate of
				need shall be issued pursuant to the outcome of the reconsideration hearing and
				pursuant to Rules
				410-1-8-.05 through
				410-1-8-.08.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(12).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.16 - Fair Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
Any adverse SHPDA decision (other than a SHPDA decision after
				first being heard as a contested case before an Administrative Law Judge
				pursuant to the requirements of the Alabama Administrative Procedure Act) may
				be appealed to a fair hearing before an Administrative Law Judge appointed by
				the Governor of the State of Alabama. The appeal shall be commenced by a
				request for a fair hearing by the applicant or any competing applicant, or any
				aggrieved party of record, which request shall be properly filed with the
				Agency within fifteen (15) days of the date that the decision of SHPDA became
				final, or in the event of a request for reconsideration, within fifteen (15)
				days of the date that the decision of SHPDA on reconsideration became final.
				The request must be filed electronically pursuant to the provisions of Rule
				410-1-3-.09. Fair Hearing review
				is not available in cases which were first heard as a contested case before an
				Administrative Law Judge pursuant to the requirements of the Alabama
				Administrative Procedure Act.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(14), as
				  amended by Act 98-341.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.17 - Effect Of Fair Hearing Request

Current through Register Vol. 42, No. 9, June 28, 2024
The request for fair hearing shall have the effect of holding
				in abeyance the issuance of the Certificate of Need and suspending any
				Certificate of Need issued pursuant to SHPDA's decision subject to the outcome
				of the fair hearing.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(14), as
				  amended by Act 98-341.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.18 - Notice Of Fair Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
Notice of the fair hearing shall be provided by the State
				Agency to the applicant, the requester, and any other person who has made a
				timely application for intervention in the case below. Notification to the
				general public will be made through a news release to a newspaper of general
				circulation serving the area in which the proposed health care facility or
				health service is to be located.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(5).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.19 - Time And Place Of Fair Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
The fair hearing will be held in the City of Montgomery unless
				the applicant, state agency, and any intervenor of record jointly stipulate
				another location. The time and location of the fair hearing will be determined
				by the fair hearing officer.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(14).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.20 - Time Limit From Request Of Convening Of Fair Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
The fair hearing will be held within thirty (30) days of the
				receipt of the written request by SHPDA unless continued at the discretion of
				the Fair Hearing Officer upon motion of the applicant, where there is only one
				application or by the successful applicant or applicants where there are
				competing applications. No continuance will be granted for longer than six (6)
				months from the date the written request was received by the SHPDA.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(14), as
				  amended by Act 98-341.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.21 - Conduct Of Fair Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
The fair hearing officer shall conduct the fair hearing, a
				transcript of which will be made by a registered court reporter designated by
				the state agency. The fair hearing shall be open to the public. All parties are
				entitled to be represented by counsel at their own expense.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(14).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.22 - Substance And Limitation Of Fair Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The fair hearing shall be heard de novo
			 as a contested case in accordance with
Code of Ala.
			 1975
, §§
								41-22-12 and
			 41-22-13. The record of the
			 hearing before the Certificate of Need Review Board and the Order issued by the
			 Board shall be part of the record and shall be given due consideration by the
			 Fair Hearing Officer. The applicant may not submit evidence that would
			 constitute an untimely amendment of its application as deemed complete by
			 SHPDA.
(2) The fair hearing appeal
			 proceedings shall be conducted pursuant to the requirements of the Alabama
			 Administrative Procedure Act, Title 41, Chapter 22,
Code of Ala.
			 1975
.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(14), as
				  amended by Act 98-341.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.23 - Preservation Of Issues For Appeal

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(14).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.24 - Entry Of Final Order By The Fair Hearing Officer

Current through Register Vol. 42, No. 9, June 28, 2024
Within thirty (30) days after completion of the transcript,
				unless extended by agreement of all parties of record, the Fair Hearing Officer
				shall enter a final order respecting the issuance of a Certificate of Need,
				which final order shall contain findings of fact and conclusions of law
				regarding the application. The final order of the Fair Hearing Officer shall be
				effective upon its filing with SHPDA. Any aggrieved party of record to a
				Certificate of Need application filed after May 8, 2012 may appeal the final
				order to the Alabama Court of Civil Appeals within twenty-one (21) days after
				the decision of the Agency becomes final. Within thirty (30) days after a
				notice of appeal is filed, SHPDA shall transmit the administrative record to
				the clerk, with the appealing party bearing the costs associated with the
				preparation and transmission of the record and transcript of the hearing and of
				giving notice to the parties of the transmittal
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-275(6)
				  (14), 441-22-1 thru 441-22-20.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.25 - Effect Of Final Order Entered By Fair Hearing Officer

Current through Register Vol. 42, No. 9, June 28, 2024
The decision of the Administrative Law Judge in the fair
				sharing proceeding shall be considered the final decision of SHPDA.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(14), as
				  amended by Act 98-341.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.26 - Further Action By State Agency

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(14).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.27 - Issuance Of Certificate Of Need Subsequent To Fair Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
The Certificate of Need shall be issued as soon as practicable
				after the date of filing by the Fair Hearing Officer of the final order
				directing the issuance of the certificate.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(14), as
				  amended by Act 98-341.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.28 - Fees

Current through Register Vol. 42, No. 9, June 28, 2024
A fee not to exceed the direct cost of the fair hearing will be
				imposed upon the parties to the fair hearing. The parties and the state agency
				will each be responsible for their own legal fees.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(14).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.29 - Compensation Of Fair Hearing Officer

Current through Register Vol. 42, No. 9, June 28, 2024
The fair hearing officer will be compensated at an hourly rate
				established by the state agency.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(14).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.30 - Fair Hearing Security For Costs

Current through Register Vol. 42, No. 9, June 28, 2024
Security for costs shall be filed with the Notice of Fair
				Hearing. If the requestor desires to post cash in lieu of security for costs,
				application shall be made to the agency and the amount of cash to be posted
				shall be set by the State Agency. Security for costs shall be approved by the
				State Agency. Any cash security shall be conditioned and deposited to secure
				the payment of the Fair Hearing Officer, at the conclusion of the Fair Hearing
				process. Failure to file security for costs with the request for Fair Hearing
				shall result in the Fair Hearing request being deemed incomplete.
Author:
State Health Planning
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-275(14).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-9 - RULES OF PRACTICE › Section 410-1-9-.01 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The CON
			 Review Board may issue declaratory rulings to any person substantially affected
			 by a rule, with respect to the validity of the rule, or with respect to the
			 applicability to any person, property, or state of facts of any rule or statute
			 enforceable by the state agency, or with respect to the meaning and scope of
			 any order of the state agency. Such rulings shall be issued provided:
(a) the petitioner makes his request pursuant
			 to Rule 410-1-3-.09 no later than
			 fourteen (14) days prior to the regularly scheduled meeting of the CON Review
			 Board, accompanied by a fee of $1,000.00. The required filing fee 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 maybe
			 submitted electronically via the payment portal available through the State
			 Agency's website; and
(b) the
			 petitioner shows that he is substantially affected by the rule in question;
			 and
(c) sufficient facts are
			 supplied in the request to permit the Certificate of Need Review Board to make
			 a valid determination; and
(d) the
			 request arises from an actual question or controversy.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-9 - RULES OF PRACTICE › Section 410-1-9-.02 - Rules Of Evidence

Current through Register Vol. 42, No. 9, June 28, 2024
In contested cases, the rules of evidence as applied in
				non-jury civil cases in the circuit courts of this state shall be followed. The
				applicant or other interested party may waive the right to invoke the rules of
				evidence.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-13.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-9 - RULES OF PRACTICE › Section 410-1-9-.03 - Intervention

Current through Register Vol. 42, No. 9, June 28, 2024
On or before the 45th day of the review period, any
				person
(1) who has standing to seek
			 injunctive relief against violations of
Code of Ala.
			 1975
, Section
			 22-21-260, et. seq., or of any
			 reasonable rules and regulations of the SHPDA; or
(2) upon whom a statute confers an
			 unconditional right to intervene; or
(3) who has an individual interest in the
			 outcome of the case as distinguished from a public interest and the
			 representation of the interest of that person is inadequate, shall be permitted
			 to intervene upon timely application. The application to intervene shall be in
			 writing and shall state the identity of the intervenor, the names of all
			 persons who will testify on behalf of the intervenor, and a concise statement
			 of the substance of the testimony to be offered.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-26,
				  41-22-14.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-9 - RULES OF PRACTICE › Section 410-1-9-.04 - Petition For Adoption Of Rule

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Any person who wishes to propose that the State Health Planning and Development
			 Agency adopt, amend, or repeal any rule shall submit said proposal in the
			 following form:
(a) Petition for Adoption of
			 Rule
1. Petitioner
(i) Name
(ii) Address
(iii) Phone
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-9 - RULES OF PRACTICE › Section 410-1-9-.05 - Deadline For Submission Of Written Documents For Consideration At Public Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
Unless otherwise provided herein, all motions and other written
				documentation to be considered by the CON Review Board or Administrative Law
				Judge at the public hearing shall be filed with the state agency and served on,
				or provided to, the applicant and/or any intervenors and opponents of record
				not less than fourteen (14) days prior to the public hearing.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-276,
				  41-22-14.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-10 - SPECIAL REVIEWS › Section 410-1-10-.02 - Non-Substantive Review

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A person
			 may apply for a non-substantive review which is applicable to proposals for
			 capital expenditures up to five hundred thousand dollars ($500,000.00) and
			 which:
(a) does not result in a substantial
			 change in service; or
(b) proposes
			 equipment to upgrade or expand an existing service; or
(c) increases the bed capacity by not more
			 than ten percent (10%) of the existing bed capacity; provided that such
			 increase in bed capacity is consistent with the State Health Plan.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-10 - SPECIAL REVIEWS › Section 410-1-10-.03 - Project Modifications After Issuance Of Certificate Of Need

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A proposed
			 change in a project for which the state agency has previously issued a
			 certificate of need will require approval by the Certificate of Need Review
			 Board or the executive director of the State Agency, as specified below.
			 Approval is required whether or not a capital expenditure is associated with
			 the proposed change.
(a) A "change in
			 project" shall include, but not be limited to any change in the bed capacity or
			 bed use (i.e., conversion of beds) of a facility, the addition of a health
			 service or services, an increase in the cost of the project in excess of ten
			 percent (10%) of the total project cost, including, without limitation, a
			 change in financing methods which results in an increase in the cost of the
			 project.
(b) An application for a
			 change in a project must be made pursuant to Rule
			 410-1-3-.09 and shall include
			 information and any supporting data deemed necessary by the Executive Director
			 relevant to the merits of the application. Such application shall be
			 accompanied by a fee of thirty-five percent (35%) of the original Certificate
			 of Need application fee for the project. The required filing fee 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 maybe
			 submitted electronically via the payment portal available through the State
			 Agency's website. The party seeking approval for such change must certify that
			 a copy of such request has been served on all parties of record in the
			 underlying administrative proceeding or who have filed letters in opposition
			 thereto.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-10 - SPECIAL REVIEWS › Section 410-1-10-.04 - Home Health Contiguous County Exemption Referrals

Current through Register Vol. 42, No. 9, June 28, 2024
A home health agency shall notify SHPDA that it has begun
				accepting referrals from a county contiguous to its service area within
				fourteen (14) days of the receipt of the first referral from the contiguous
				county. The notice shall be submitted electronically in PDF format pursuant to
				Rule 410-1-3-.09, accompanied by a fee
				of $500.00 to partially cover the additional cost of gathering and processing
				such information. The processing fee 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.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-271(c).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-10 - SPECIAL REVIEWS › Section 410-1-10-.05 - State Of Emergency Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Statewide Health Coordinating Council
			 ("SHCC") has found that that additional health care resources may be required,
			 on an urgent and temporary basis, to address public health needs of the
			 citizens of Alabama during a State of Emergency declared by the Governor (a
			 "Declaration"). While emergency rules have been adopted addressing the COVID-19
			 pandemic, the SHCC has published a permanent rule, Ala. Admin. Code §
								410-2-5-.09, to provide a
			 framework to address waivers in the event of a future Declaration.
(2) Upon the issuance of a Declaration
			 authorizing temporary waivers to Certificate of Need ("CON") requirements, any
			 provider submitting an application for a waiver of CON requirements that meets
			 the requirements of Ala. Admin. Code §
								410-2-5-.09 shall comply with the
			 filing requirements of subsection 2 of such rule, utilizing an abbreviated form
			 prepared by the Agency. A provider shall agree to the requirements and
			 limitations of this rule and Section
			 410-2-5-.09 of the SHP as a
			 condition for a waiver.
(3) Any
			 waiver issued pursuant to this rule shall automatically terminate on the
			 earlier of:
(i) as applicable, the
			 discontinuation of services subject to the waiver; or
(ii) sixty (60) days following the
			 termination of the State of Emergency identified in the Declaration. Any
			 continued operation of institutional health services authorized under a waiver
			 granted pursuant to this section shall require a CON, subject to regular CON
			 criteria and procedures, including compliance with the SHP, without regard to
			 this rule. It is the intent of this subsection that services, facilities or
			 other new institutional health services established as a result a waiver be
			 considered "new" for purposes of an application for CON authority to extend
			 such new institutional health services beyond the deadlines in this
			 subsection.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-11 - DURATION AND EXTENSION OF THE CERTIFICATE OF NEED › Section 410-1-11-.01 - Duration Of Certificate Of Need

Current through Register Vol. 42, No. 9, June 28, 2024
A Certificate of Need issued under these rules shall be valid
				for a period not to exceed twelve (12) months from the date of issuance, and
				may be subject to one extension not to exceed twelve (12) months, provided the
				holder of the Certificate of Need applies pursuant to Rule
				410-1-3-.09 for the extension and
				meets the extension criteria set out in Chapter 410-1-11 of these rules and
				regulations. The running of the duration of the initial twelve (12) month
				period, or an extension thereof, shall be tolled from the date of the filing of
				a civil action arising under any of the provisions of Title 22, Chapter 21,
				Article 9,
Code of Ala. 1975
, being §§
								22-21-260 through -278, or other
				judicial proceeding until such action is dismissed from the judicial
				process.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-270, as amended by Act
				  98-341.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-11 - DURATION AND EXTENSION OF THE CERTIFICATE OF NEED › Section 410-1-11-.02 - Incurring The Obligation

Current through Register Vol. 42, No. 9, June 28, 2024
The holder of the certificate of need must incur a firm
				commitment or obligation as defined by statute and these rules within the
				initial twelve (12) month period, or if extended, within the extension period.
				Should the obligation be incurred before the expiration date of the certificate
				of need, then the certificate shall be continued in force and effect for a
				period not to exceed one year, or:
(a)
			 the completion of the construction project, where the certificate is for
			 construction; or
(b) the
			 inauguration of the service, where the certificate of need is for the provision
			 of a service; or
(c) the actual
			 purchase of equipment, where the certificate of need is for the purchase of
			 equipment, whichever shall be later.
Author:
Alva M. Lambert
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-270.