Alabama Administrative Code

(1) The Certificate of Need Review Board will apply as appropriate, the criteria and standards contained herein in conducting the review of a certificate of need application. The applicant should present information in the application which addresses each relevant criterion and e…

(1) The proposed new institutional health service shall be consistent with the appropriate state health facility and services plans effective at the time the application was received by the state agency, which shall include the latest approved revisions of the following plans:(a)…

The relationship to the long-range development plan (if any) of the person providing, or proposing the project shall be addressed. Author: Notes Ala. Admin. Code r. 410-1-6-.03 Statutory Authority: Code of Ala. 1975, § 22-21-264.

(1) The availability of less costly, more efficient, more appropriate, or more effective alternatives to the proposed facility or service to be offered, expanded, or relocated will be considered. (a) In the consideration of the availability of alternatives, priority may be given …

(1) Determination of a substantially unmet public requirement for the proposed health care facility, service, or capital expenditure shall be made before approval may be granted. The need shall be consistent with orderly planning within the state and community for furnishing comp…

(1) The following criteria shall be considered in determining whether a need for the project exists, which criteria shall be in addition to the criteria set forth in Section 410-1-6-.05: (a) The need that the population served or to be served has for the services proposed to be o…

(1) The contribution of the proposes service or facility in meeting the health related needs of traditionally medically underserved groups (for example, low income persons, racial and ethnic minorities, women, and handicapped persons) particularly those needs identified in the ap…

The relationship of the services proposed to be provided to the existing health care system of the area in which the services are proposed to be provided will be considered. The proposed services shall be complimentary to and supportive of the existing health care system. Author:…

(1) Determination shall be made that the person applying is an appropriate applicant, or the most appropriate applicant in the event of competing applications, for providing the proposed health care facility or service, such determination to be established from the evidence as to…

Reserved Notes Ala. Admin. Code r. 410-1-6-.10

If proposed health services are to be available in a limited number of facilities, the extent to which the health professional schools in the area, or in adjacent areas, will have access to the services for training purposes will be considered. Author: Notes Ala. Admin. Code r. 4…

The special needs and circumstances of those entities which provide a substantial portion of their services or resources, or both, to individuals not residing in the health service areas in which the entities are located or in adjacent health service areas will be considered. The…

The special needs and circumstances of health maintenance organizations will be considered. These needs include the needs of enrolled members and reasonably anticipated new members of the health maintenance organization for the health services proposed to be provided by the organ…

All construction projects shall be designed and constructed with the objective of maximizing cost containment, protection of the environment and conservation of energy. The impact of the construction costs, including financing charges on the cost of providing health care, shall b…

(1) Conformity With Local Zoning and Building Codes. The proposed facility or service must conform to local zoning ordinances and building codes. (2) Compliance with Applicable State Statutes for the Protection of the Environment. The proposed facility shall comply with all appli…

(1) The proposed facility shall be constructed and operated in compliance with the appropriate state licensure rules, regulations, and standards. (a) The proponent shall certify on the application form that he has read and understands the state licensure rules, regulations, and s…

In the case of existing services or facilities, the quality of care provided by those services or facilities in the past will be considered. Author: Notes Ala. Admin. Code r. 410-1-6-.17 Statutory Authority: Code of Ala. 1975, §§ 22-21-264, 274.

No certificate of need for new inpatient facilities or services shall be issued unless the Certificate of Need Review Board makes each of the following findings as required by state statute: (a) that the proposed facility or service is consistent with the latest approved revision…

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) Any person may request for informational purposes only a determination as to the current reviewability of an anticipated project or determination of exemption for replacement equipment. Such request shall be submitted pursuant to Rule 410-1-3-.09 disclosing full factual infor…

Notice of intent to acquire shall be submitted in electronic PDF format, pursuant to Rule 410-1-3-.09, to the executive director of the state agency, by any person entering into a contract to acquire major medical equipment which will not be owned or located in a health care faci…

(1) A notice of a change in ownership or control of a health care facility or service for which a CON has been granted shall be provided to the State Agency by the acquiring entity at least twenty (20) days before the transaction occurs, unless a shorter period is authorized for …

(1) A letter of intent must be filed electronically pursuant to Rule 410-1-3-.09 at least thirty (30) days prior to submission of a formal application, and shall be accompanied by a possessing fee of $250.00. The processing fee must be submitted to the State Agency via overnight …

(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 …

(1) Upon determination that the application is incomplete, the state agency will notify the applicant of the additional information required. The applicant will have thirty (30) days from the date of the notice in which to submit the additional information. (2) Failure of the app…

Upon determination that the application is complete, the state agency will notify the applicant and other affected persons of the review schedule. This notification will include, at a minimum, the identification of the proposed facility or service, to include the name of the appl…

The project review period shall be ninety (90) days (unless extended) from the date the application is deemed complete. The review period will begin on the date of notification that an application is complete, which shall be the date on which the notice is sent to the applicant, …

(1) Extension by the state agency. (a) The state agency may extend the project review period for a period not to exceed thirty (30) days with or without the consent of the applicant under the following conditions: 1. to allow time for competing or comparable applications to be he…

(1) The applicant may withdraw an application from the review process. (a) The request to withdraw shall be made to the State Agency pursuant to the provisions of Rule 410-1-3-.09. (b) If an application is withdrawn, the filing fee will not be refunded. Notes Ala. Admin. Code r. …

(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 o…

(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 c…

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: Notes Ala. Admin. Code r. 410-1-7-.14 Statutory Authority: Code of A…

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: Notes Ala. Admin. Code r. 410-1-7-.15 Statutory Authority: Code of Ala. 1975, § 22-21-275.

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. Notes Ala. Admin. Code r. 410-1-7-.16…

(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 aft…

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: Notes Ala. Admin. Code r. 410-1-7-.18 Statutory Authority: …

(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 facil…

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: Notes Ala. Admin. Code r. 410-1-7-.20 Statutory Authority: Code of Ala. 19…

Notes Ala. Admin. Code r. 410-1-7-.21 New Rule: Filed July 24, 2012; effective August 28, 2012. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff. 9/14/2023. Author: Alva M. Lambert Statutory Authority: Code of Ala. 1975, § 22-21-271(d).…

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…

(1) Upon timely written request of the applicant or intervenor of record that the application be assigned to an Administrative Law Judge, the Executive Director shall direct that the public hearing on the application or applications be held before an Administrative Law Judge appo…

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 ow…

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 Nee…

(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, …

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 Con…

(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.…

(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 fo…

(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…

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 …

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. Notes Ala. Admin. Code r. 410-1-8…