Alabama Administrative Code

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 heari…

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…

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 af…

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: Notes Ala. Admin. Code r. 410-1-8-.15 Statutory Authority: Code of Ala. 1975,…

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 ap…

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 Notes Ala. Admin. Code …

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 ge…

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: Notes Ala. Admin. Code r.…

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…

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. Aut…

(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 d…

(Repealed). Author: Alva M. Lambert Notes Ala. Admin. Code r. 410-1-8-.23 Repealed: Filed February 1, 2000; effective March 7, 2000. Statutory Authority: Code of Ala. 1975, § 22-21-275(14).

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…

The decision of the Administrative Law Judge in the fair sharing proceeding shall be considered the final decision of SHPDA. Author: Alva M. Lambert Notes Ala. Admin. Code r. 410-1-8-.25 Repealed and New Rule: Filed February 1, 2000; effective March 7, 2000. Statutory Authority: …

(Repealed). Author: Alva M. Lambert Notes Ala. Admin. Code r. 410-1-8-.26 Repealed: Filed February 1, 2000; effective March 7, 2000. Statutory Authority: Code of Ala. 1975, § 22-21-275(14).

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 Notes Ala. Admin. Code r. 410-1-8-.27 Amended: Filed February 1, 2000; effecti…

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: Notes Ala. Admin. Code r. 410-1-8-.28 Statutory Authority: Code of Ala. 1975, …

The fair hearing officer will be compensated at an hourly rate established by the state agency. Author: Notes Ala. Admin. Code r. 410-1-8-.29 Statutory Authority: Code of Ala. 1975, § 22-21-275(14).

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 approv…

(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,…

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: Notes Ala. Admin. Code r. 410-1-9-.02 Statutory…

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 unconditi…

(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 2. Character of Change I…

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 op…

The Alabama State Health Plan (SHP) is required by § 22-21-260(4), Code of Ala. 1975. Notes Ala. Admin. Code r. 410-2-1-.01 Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 03, December 31, 2014, eff. 1/6/2015. Amended by Alabama Administrative Monthly Volume XX…

(1) The Alabama State Health Plan is divided into five chapters. (2) Chapter I, Introduction to Health Planning, provides the Statutory Authority, the Health Planning Structure in Alabama, the Alabama Health Policy Analysis, Data Collection and Publication, and the Overview of th…

(1) The Alabama Statewide Health Coordinating Council (SHCC) is charged by statute and the Governor to prepare a State Health Plan (SHP) every three (3) years. Revisions may be accomplished as necessary, however the SHCC is required to review, and where appropriate revise, the SH…

(1) Policy is defined as a definite course or method of action selected from among alternatives and in light of given conditions to guide and determine present and future decisions. Policy may be expressed in writing or it may be implied by actions and commitments. Action policy …

(1) Efficient health planning and Certificate of Need decisions are dependent upon the availability of reliable health care data. Accurate inventories of existing resources and accurate utilization statistics are required in the State Health Plan to continue accurately projecting…

(1) This section of the Alabama State Health Plan underscores certain health issues which warrant focused attention. These few issues have been selected for a variety of reasons, including: (a) Unusual severity in our state, e.g. infant mortality; (b) Special opportunities, e.g. …

(1) The Problem (a) Alabama's infant mortality was 9.0 per 1,000 live births in 2005. In 2014 the provisional rate improved to 8.7 deaths per 1,000 live births, a drop from the 2005 rate. Reasons for the improvements include a number of factors related primarily to improved Medic…

(1) The Problem (a) The elderly comprise one of the most rapidly growing age groups in the United States. The same is true in Alabama. Since 1900, the state's total population (approximately 4.4 million people) has more than doubled and there are nearly ten times as many senior c…

Alabama has a Rural Health Plan developed with the assistance of the Alabama Department of Public Health's Office of Primary Care and Rural Health, the Alabama Hospital Association, and rural hospitals. The current State Rural Health Plan, published in 2008, was updated in both 2…

(1) Preventable Diseases (a) Vaccine Preventable Diseases (Measles, Pertussis, HPV, Influenza, Shingles, etc.). With a more local and global transient population, diseases are resurfacing due to a lack of, and failure to immunize for childhood and seasonal diseases such as influe…

(1) The Problem (a) There have been studies and estimates to determine the number of medically uninsured and underinsured, both in Alabama and nationally. Although the statistics may vary among the various studies, the conclusions are all consistent in that a large percentage of …

(1) According to the 2018 National Survey on Drug Use and Health nearly one (1) in five (5) people aged 12 or older (19.4%) used some form of illicit drug in 2018, which is an increase from 2015 - 2016. Deaths from opioid overdoses alone were more than 42,000 in 2016.[1] In Alaba…

Notes Ala. Admin. Code r. 410-2-2-.08 New Rule: Filed February 13, 2014; effective March 20, 2014. Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 03, December 31, 2014, eff. 1/6/2015. Reserved by Alabama Administrative Monthly Volume XXXVIII, Issue No. 06, Mar…

This chapter of the Alabama State Health Plan reviews the status of certain specialty health care services and the need for additional services to address the problems cited in the Priorities section of the Plan. Specialty Services are separately identified for ease of reference …

(1) Discussion (a) A leading indicator of the health status of a state's citizens is the infant mortality rate. Alabama has one of the highest rates in the country. In order to have an impact on infant mortality, the State must make neonatal care accessible and enhance that care …

(1) Fixed-Based Cardiac Catheterization Laboratories (a) Discussion 1. During the past four decades, an evolution in cardiac catheterization has taken place. The role of the cardiac catheterization laboratory has progressed from study of cardiac function and anatomy for purposes …

(1) Discussion. Radiation therapy, surgery, and medical oncology-chemotherapy combined are often the most effective treatment for cancer. Specific planning for these modes of treatment is necessary to insure proper cost and quality of care for the citizens of Alabama. Surgery is …

(1) Discussion (a) Those who suffer with End Stage Renal Disease have inadequate renal function to support life. Individuals with end-stage disease must rely on kidney dialysis or peritoneal dialysis to survive. End Stage Renal Disease may be caused by a number of problems includ…

Notes Ala. Admin. Code r. 410-2-3-.06 Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 03, December 31, 2014, eff. 1/6/2015. Reserved by Alabama Administrative Monthly Volume XXXVIII, Issue No. 06, March 31, 2020, eff. 5/15/2020. Reserved by Alabama Administrati…

Notes Ala. Admin. Code r. 410-2-3-.07 Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 03, December 31, 2014, eff. 1/6/2015. Reserved by Alabama Administrative Monthly Volume XXXVIII, Issue No. 06, March 31, 2020, eff. 5/15/2020. Reserved by Alabama Administrati…

(1) Definition (a) New technology is emerging equipment (1) intended for use in the diagnosis and/or treatment of medical conditions; (2) for which adequate data is not yet available to fully develop State Health Plan criteria and standards on a technology-specific basis; and (3)…

(1) Definition. Transplantation is the process in which an organ or tissue from one person is surgically implanted into another person to replace diseased, damaged, or defective organs or tissue. For purposes of this section transplantation services include kidney, heart, lung, l…

(1) Discussion (a) Hospice care is a choice made to enhance end of life. Hospice focuses on caring and comfort for patients and not curative care. In most cases, care is provided in the patient's place of residence. It is the intent of this section to address health planning conc…

(1) Definition (a) Fixed wing (FW) air ambulance is the transportation by a fixed wing aircraft that is certified by the Federal Aviation Administration (FAA) as a fixed wing air ambulance and the provision of medically necessary services and supplies. (b) Rotary Wing (RW) air am…

This chapter focuses on existing health care facilities and the need for additional facilities. Methodologies for many facilities, i.e., general hospitals, nursing homes, specialty care assisted living facilities, rehabilitation, psychiatric and substance abuse, are specific in n…

(1) Introduction. In this section, the methodology for computing acute care bed need will be described, and criteria for making adjustments to the computed bed need will be discussed.(a) Definition: Hospital.1. Defined as printed in Rules of Alabama State Board of Health Division…