Alabama Administrative Code

An agency of the State of Alabama which is designated by the Governor as the sole state health planning and development agency, which shall consist of three consumers, three providers and three representatives of the governor who all shall serve staggered terms and all be appoint…

A council, appointee by the Governor, established pursuant to Code of Ala. 1975, Sections 22-4-7 and 22-4-8, and Executive Order Number 13, dated July 9, 1987. The purpose of such council is to prepare the State Health Plan, to advise the State Health Planning and Development Age…

A geographical area designated by the Governor, as being appropriate for effective planning and development of health services. Such geographical areas may vary according to the types of individual health services. In the absence of a designated geographical area for a particular…

A comprehensive plan which is prepared triennially and reviewed at least annually and revised as necessary by the Statewide Health Coordinating Council with the assistance of the State Health Planning and Development Agency and approved by the Governor. The State Health Plan shal…

(1) Such term shall include: General and specialized hospitals, including tuberculosis, psychiatric, long term care and other types of hospitals; and related facilities; such as laboratories; outpatient clinics and central service facilities operated in connection with hospitals;…

Clinically related (i.e., diagnostic curative or rehabilitative) services, including alcohol, drug abuse and mental health services customarily furnished on either an inpatient or outpatient basis by health care facilities, but not including the lawful practice of any profession …

An expenditure, including a force account expenditure (i.e., an expenditure for a construction project undertaken by the health care facility at its own contractor), which, under generally accepted accounting principles, is not properly chargeable as expense of operation and main…

Any person, firm, partnership, association, joint venture or corporation, the State of Alabama and its political subdivisions or parts thereof and any agencies or instrumentalities and any combination of persons herein specified, but "person" shall not include the United States o…

Any person as defined herein, who files an application for a certificate of need. Author: State Health Planning and Development Agency Notes Ala. Admin. Code r. 410-1-2-.09 Amended: Filed February 26, 1991; effective April 2, 1991. Statutory Authority: Code of Ala. 1975, § 22-21-…

Such term shall mean and include obtaining the legal equitable title to a freehold or leasehold estate or otherwise obtaining the substantial benefit of such titles or estates, whether by purchase, lease, loan or sufferance, gift, devise, legacy, settlement of a trust or means wh…

(1) A public or private organization, organized under the law of the state which (a) provides or otherwise makes available to enrolled participants, health care services, including at least the following basic health care services: usual physician services, hospitalization, labor…

Such term shall mean and include actual commencement, with bona fide intention of completing, the same, or completion of the construction, erection, remodeling, relocation, excavation or fabrication of any real property constituting a facility under this article, and the term "co…

(1) Such terms shall mean and include: (a) Any executed, enforceable, unconditional written agreement or contract not subject to unilateral cancellation for the acquisition or construction of a health care facility or purchase of equipment therefor; (b) Actual construction of fac…

Health services, as herein defined provided in or through health care facilities or health maintenance organizations, including the entities in or through which such services are provided. Author: State Health Planning and Development Agency Notes Ala. Admin. Code r. 410-1-2-.14 …

The alteration, repair, remodeling, and renovation of existing buildings, including equipment within the existing buildings. Modernization does not include the replacement of existing buildings which are being used by a health care facility to provide institutional health service…

Such term, when used in connection with health services, means that the health care facility or health maintenance organization holds itself out as capable of providing, or as having the means for the provision of, specified health services. A health care facility may not offer a…

A provider or applicant or hospital located in a geographical area designated by the United States Government Healthcare Financing Administration as rural. Author: State Health Planning and Development Agency Notes Ala. Admin. Code r. 410-1-2-.17 Amended: Filed February 26, 1991;…

Includes at a minimum, the applicant, and health care facilities located in the area in which the project is proposed to be located and which provides similar services to those proposed. Also included are those persons who have an active letter of intent on file to provide simila…

A permit required by law before which no person, except as exempted by statute, shall acquire, construct or operate a new institutional health service or acquire major medical equipment, or furnish or offer, or purport to furnish a new institutional health service, or make arrang…

Notes Ala. Admin. Code r. 410-1-2-.20 Repealed by Alabama Administrative Monthly Volume XXXII, Issue No. 09, June 30, 2014, eff. 7/30/2014. Author: State Health Planning and Development Agency Statutory Authority: Code of Ala. 1975, § 22-21-264.

Any facility or service (i.e., diagnostic, curative, or rehabilitative) whether acute or subacute which offers treatment of alcohol, drug or other substance abuse on either an inpatient or outpatient basis. Author: State Health Planning and Development Agency Notes Ala. Admin. Co…

Such term shall mean and include an expenditure by a health care facility which meets a review threshold, or an expenditure by another entity which will result in a direct benefit to a health care facility including expenditures by parent corporations for the benefit of their hea…

(1) Those offices, whether for individual or group practices and regardless of ownership. (a) which are established for the purpose of providing those services which are normally performed in a physician's or dentist's office as opposed to a hospital or other health care facility…

The contiguous real property, contained within a single county, which is owned or leased by a health care facility and upon which is located the buildings and any other real property used by the health care facility to provide existing institutional health services which are subj…

Medical clinical equipment intended for sue in the diagnosis or treatment of medical conditions, which is used to provide institutional health services of a health care facility which are subject to review, and which expenditure exceeds the thresholds referenced in Alabama Admini…

Pursuant to Executive Order Number Thirty-Six (36), dated December 15, 1980, the state agency is recognized as the central state agency responsible for administering statistical activities under the Cooperative Health Statistical System. Author: Notes Ala. Admin. Code r. 410-1-3-…

(1) Other state agencies who may be requested to comment on specific applications may include, but are not limited to, the following: (a) Division of Mental Illness, State Department of Mental Health may be requested to comment on all applications for mental health facilities and…

(1) There shall be no ex parte contacts: (a) in the case of an application for certificate of need, between the applicant for the certificate of need, any person acting on behalf of the applicant, or any person opposed to the issuance of a certificate of need for the applicant an…

(1) Parliamentary procedure shall be conducted within the sound discretion of the Chairman of the Certificate of Need Review Board according to the latest version of Robert's Rules of Order, Newly Revised. (2) Any member of the Certificate of Need Review Board who has a financial…

Any time period established herein shall begin on the day following the event which invokes the time period. When the last day of the period falls on a Saturday, Sunday, or state or federal holiday, the period shall be extended to the next day which is not a Saturday, Sunday, or …

(1) All information collected, assembled, or maintained by the state agency in connection with its transaction of official business is public information and available for public inspection and disclosure during normal business hours, unless otherwise protected from disclosure un…

The State Agency will prepare and publish at least annually decisions made by the Certificate of Need Review Board, certificates issued, and the status of proposals in the Certificate of Need process. Subscribers may subscribe to receive a special, monthly status report of all pe…

All official documents filed with this Agency must be timely filed by electronic mail, as required by Rule 410-1-3-.09, and must be sent to the Executive Secretary of the Agency at shpda.online@shpda.alabama.gov in order to be deemed officially filed. Notes Ala. Admin. Code r. 41…

(1) All documents to be filed with the State Agency, with the exception of any Mandatory Report as defined in Rule 410-1-3-.11, shall be submitted electronically to shpda.online@shpda.alabama.gov within the time frames set forth in paragraph (12). All Mandatory Reports shall be s…

Except as specifically required under law, SHPDA may provide any written notice required under these rules in electronic PDF format, which shall be considered delivered upon the date of transmission. All health care providers holding a certificate of need from SHPDA, as well as a…

(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 option…

(1) Entities holding Certificate of Need authority are required to file the following annual reports, as adopted by rule, on the due dates specified below (a) Hospitals (Form BHD-134A), due annually by December 15. (b) Home Health Agencies (Form DM-1), due annually by December 15…

(1) All new institutional health services which are subject to Section 22-21-260, et. seq.. Code of Ala. 1975, and which are proposed to be offered or developed within the state shall be subject to Certificate of Need review. New institutional health services which are subject to…

The construction or relocation of an administrative or branch office of a home health agency or in-home hospice provider which: (1) is within the service are for which the provider is the holder of a CON (excluding home health agencies' contiguous county service areas authorized …

(1) The replacement of equipment by health care facilities shall be exempt from certificate of need review provided: (a) such replacement does not change the purpose, use or application of the equipment; (b) the existing equipment is taken out of service; (c) the replacement equi…

(1) Determination of whether the acquisition of replacement equipment is exempt from review shall be made by the Executive Director of the agency and shall be governed by the procedures in Rule 410-1-7-.02. Notes Ala. Admin. Code r. 410-1-5-.02 Amended: Filed February 12, 1996; e…

Any decision of the Executive Director regarding the reviewability of replacement equipment may be appealed to the Certificate of Need Review Board, in the form of a request for Declaratory Ruling; provided, however, that the Certificate of Need Review Board shall consider only t…

The applicant shall submit with the application a non-refundable fee in the amount of twenty percent (20%) of the fee provided in Rule 410-1-7-.06 for non-rural hospitals, except that a rural hospital shall be required to submit an application fee of only twenty-five percent (25%…

(1) An increase in the bed capacity of a licensed skilled or intermediate care nursing facility shall be exempt from certificate of need review provided: (a) the increase does not exceed ten percent (10%) of the total nursing home beds of the applying facility, rounded to the nea…

(1) Determination of whether the increase in beds capacity is exempt from review shall be made by the executive director of the state agency upon the filing of an application requesting such determination on the application forms prescribed by the state agency. (a) the applicant …

(1) In determining the occupancy of a facility the executive director shall disregard licensed beds removed from service by state or federal requirements, or otherwise removed from service or beds not in use during the three (3) year period immediately preceding the application. …

Any exemption from review granted hereunder shall expire and be determined null and void 12 months after the date of issue. Notwithstanding the foregoing, the executive director may grant one extension not to exceed 12 months upon a showing of substantial progress. Author: Notes …

A denial of exemption under this section may be appealed within fifteen days of the date of the decision to the CON review Board. No new material or information will be considered. Author: Notes Ala. Admin. Code r. 410-1-5A-.05 New Rule: Filed: September 22, 1994; effective Octob…

The applicant shall submit with the application a non-refundable fee as set by the Agency. Author: Notes Ala. Admin. Code r. 410-1-5A-.06 New Rule: Filed: September 22, 1994; effective October 27, 1994. Statutory Authority: Code of Ala. 1975, § 22-21-265(e), as amended 1994.

(1) The Alabama Department of Public Health has determined that there exists a need for a new license category for a level of intermediate care which is separate and distinct from the current license requirements for an Assisted Living Facility. Such intermediate care is designed…