Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-3 - ADMINISTRATION › Section 410-1-3-.11 - Submission Of Mandatory Reports; Administrative Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For purposes of this rule:
(a) the term "Mandatory Report" shall include
			 every annual report required to be filed with SHPDA by statute or rule and any
			 other reporting requirement imposed by these rules or the
State Health
			 Plan
that is not clearly identified therein as optional. The term
			 shall not include discovery that may be authorized by the Certificate of Need
			 Review Board or an Administrative Law Judge as part of a contested case
			 proceeding or fair hearing, which shall be subject to such requirements as
			 authorized under the Alabama Administrative Procedure Act or other
			 regulations.
(b) For purposes of
			 this rule only:
1. a "rural health care
			 provider" is a provider or applicant or hospital which is designated by the
			 United States government Health Care Financing Administration (now Centers for
			 Medicare and Medicaid Services) as rural, as specified in the SHPDA statutes at
Code of Ala. 1975
, §
										22-21-260(12);
			 and
2. a "small provider" is:
(i) a hospital or other health care provider
			 providing in-patient care which is not a rural provider and has less than 65
			 licensed beds;
(ii) a health care
			 provider holding CON authority solely to provide in-home services, such as
			 in-home hospice or home health service, which holds CON authority to provide
			 such in-home care in (a) an area of six counties or less, which does not
			 include Jefferson, Madison, Mobile or Montgomery County; or
(I) three counties or less, which includes
			 Jefferson, Madison, Mobile or Montgomery County; or
(iii) any ambulatory surgery center, multi-
			 or single specialty, performing procedures four (4) days a week or
			 less;
(iv) any other health care
			 provider which does not provide in-patient care and which holds a CON
			 authorizing health care services to be provided at a single location.
(v) For purposes of this subsection (2), a
			 health care provider's CON authority shall be aggregated with all other CON
			 authority held by entities under common ownership and control, as defined in
Code of Ala. 1975
, §
											22-21-270(e). In
			 addition, a health care provider shall not be considered a "small provider" if
			 any entity under common ownership and control holds CON authority for a
			 facility or service that would not qualify for the small provider exception on
			 a standalone basis. For illustration only:
(I) A business entity holds a CON to provide
			 home health care services in six counties, which do not include Jefferson,
			 Madison, Mobile or Montgomery County. It is under common ownership and control
			 with two other business entities which each hold CON authority in two counties
			 to provide the same service. None of these affiliated entities would be
			 considered a "small provider" for purposes of the rule.
(II) A business entity holding a CON to
			 provide methadone treatment at a single location in Alabama is under common
			 control and ownership with another methadone clinic holding CON authority. None
			 of these affiliated entities would quality as a "small provider" under this
			 rule.
(III) A non-rural hospital
			 with less than 65 licensed beds is under common ownership and control with a
			 business entity holding CON authority to provide ambulatory surgical service.
			 None of these affiliated entities would be considered a "small provider" for
			 purposes of this rule.
(c) When computing any time period stated in
			 days or a longer unit of time, the Agency or health care reporter shall, for
			 the purposes of this rule:
1. exclude the day
			 of the event that triggers the period;
2. count every day, including intermediate
			 Saturdays, Sundays, and legal holidays; and
3. include the last day of the period, but if
			 the last day is a Saturday, Sunday, or legal holiday, the period continues to
			 run until the end of the next day that is not a Saturday, Sunday, or legal
			 holiday.