Alabama Administrative Code

(1) Definition. A Nursing Home is a business entity engaged in providing housing, meals and care to sick or disabled individuals who require medical care, nursing care, or rehabilitative services on a daily or more frequent basis. Hospital swing beds are included in Section 410-2…

(1) Definition. Specialty Care Assisted Living Facilities ("SCALFs") are intermediate care facilities which provide residents with increased care and/or supervision designed to address the residents' special needs due to the onset of dementia, Alzheimer's disease or similar cogni…

(1) Definition. Assisted living facilities provide, or offer to provide, any combination of residence, health supervision, and personal care to three (3) or more individuals in need of assistance with daily living activities. (2) Existing Assisted Living Facilities. As of Septemb…

(1) Definition. Adult day care programs may be identified as structured, comprehensive programs designed to offer lower cost alternatives to institutionalization for newly or chronically disabled adults who cannot stay alone during the day, but who do not need 24-hour inpatient c…

(1) Definitions (a) Home Health Agency. A home health agency is an organization that is primarily engaged in providing skilled nursing services and other therapeutic services. Services are provided on an intermittent basis. Each visit must be less than four hours in duration. Any…

(1) Definition. Inpatient physical rehabilitation services are those designed to be provided on an integrated basis by a multidisciplinary rehabilitation team to restore the disabled individual to the highest physical usefulness of which he is capable. These services may be provi…

(1) Definition. A swing bed is a licensed hospital bed that can be used for either a hospital or skilled nursing home patient. A swing bed program is authorized in Alabama to include hospitals that meet the criteria as specified in Federal laws and regulations. In accordance with…

(1) Background (a) In the early 1990s, the Alabama Department of Mental Health and Mental Retardation developed a psychiatric bed need methodology that provided for an inventory of 37.1 beds per 100,000 population. Originally, the methodology was calculated using regions; however…

(1) Discussion (a) The National Household Survey on Drug Abuse (NHSDA) estimated 22.2 million Americans age twelve (12) or older in 2012 were classified with dependence on or use of either alcohol or illicit drugs, a figure significantly higher than in 2000 - about 14.5 million. …

(1) Discussion. An evolution in the provision of surgical care provided in ambulatory surgery centers has taken place. As a result of cost containment measures and advances in medical technology, many surgical procedures which previously required inpatient care (both before and a…

(1) Renovation is defined as a project for modernization, improvement, alteration and/or upgrading of an existing physical plant and/or equipment. Renovation does not include the modernization or construction of a non-clinical building, parking facility, or any other non-institut…

(1) Replacement is defined as a project for the erection, construction, creation or other acquisition of a physical plant or facility where the proposed new structure will replace an existing structure and will be located in the same planning area and market area. Replacement doe…

(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. (b) It is the intent of this section to address health planning …

A "Freestanding Emergency Department" or "FED" is a new institutional health service requiring a Certificate of Need under Alabama law. In addition to other applicable criteria, all proposed FEDs must demonstrate, through substantial evidence, that their project will meet all the…

This chapter contains information that is pertinent to the State Health Plan, but of such detail that it is best included in this Appendix. Population is based on Center for Business and Economic Research (CBER) The University of Alabama. Notes Ala. Admin. Code r. 410-2-5-.01 Ame…

The most current population data supplied to SHPDA by the Center for Business and Economic Research (CBER), University of Alabama, is available by contacting the Data Division as follows: MAILING ADDRESS U. S. Postal Service) STREET ADDRESS (Commercial Carrier) PO BOX 303025 MONT…

The most recent publicly available information on Vital Events can be obtained from the Center for Health Statistics, Alabama Department of Public Health, at www.alabamapublichealth.gov/healthstats/index.html, or at (334) 206-5429. For additional assistance with any data related …

(1) Introduction. The Statewide Health Coordinating Council (SHCC) is responsible for the development of the State Health Plan (SHP) with final approval required by the Governor. The SHCC desires (a) a process that will maintain a viable and current SHP; (b) a coordinated system …

(1) Requirements (a) Applicant Identification. An application for a Plan Adjustment must be filed in accordance with SHPDA Rule 410-1-3-.09, and accompanied by the administrative fee specified in Rule 410-2-5-.04(c)(5). The application must include the name of the applicant, phys…

All meetings of the Statewide Health Coordinating Council (SHCC) shall be held in compliance with the provisions of the "Alabama Open Meetings Act" ("Act") ALA. CODE §§ 36-25A-1 through -11 (1975 as amended), which requires public notice of any gathering, whether or not prearrang…

SHPDA shall 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 other interested parties seeking to be inc…

(1) Discussion. In order to assist the SHCC with the process of reviewing and revising the State Health Plan, the Chair of the SHCC may create committees tasked with the purpose of reviewing certain assigned sections of the Plan. The Chair of the SHCC shall assign various members…

(1) Finding of Emergency Need and Waiver. (a) The Statewide Health Coordinating Council recognizes 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 declar…

Notes Ala. Admin. Code r. 420-1-1-.01 Filed September 1, 1982. Emergency rule filed March 23, 1984; July 24, 1984. Amended: Filed November 21, 1984; August 26, 1987. Repealed: Filed April 16, 2010; effective May 21, 2010. Author: Statutory Authority: Code of Ala. 1975, §§ 32-5-19…

Notes Ala. Admin. Code r. 420-1-1-.02 Filed September 1, 1982. NOTE: This function was transferred by Act No. 88-660 to the Department of Forensic Sciences, May 8, 1988. This rule remains in effect until modified by the Department of Forensic Sciences. Repealed: Filed April 16, 2…

Notes Ala. Admin. Code r. 420-1-10-.01 Final adoption filed July 21, 1993, effective August 25, 1993. Repealed by Alabama Administrative Monthly Volume XXXVII, Issue No. 07, April 30, 2019, eff. 6/2/2019. Author: Melvin Maraman Statutory Authority: Act No. 92-658.

Notes Ala. Admin. Code r. 420-1-10-.02 Final adoption filed July 21, 1993, effective August 25, 1993. Repealed by Alabama Administrative Monthly Volume XXXVII, Issue No. 07, April 30, 2019, eff. 6/2/2019. Author: Melvin Maraman Statutory Authority: Act No. 92-658.

Notes Ala. Admin. Code r. 420-1-10-.03 Final adoption filed July 21, 1993, effective August 25, 1993. Amended: Filed May 20, 1996; effective June 24, 1996. Repealed by Alabama Administrative Monthly Volume XXXVII, Issue No. 07, April 30, 2019, eff. 6/2/2019. Author: Melvin Marama…

Notes Ala. Admin. Code r. 420-1-10-.04 Final adoption filed July 21, 1993, effective August 25, 1993. Repealed by Alabama Administrative Monthly Volume XXXVII, Issue No. 07, April 30, 2019, eff. 6/2/2019. Author: Melvin Maraman Statutory Authority: Act No. 92-658.

Notes Ala. Admin. Code r. 420-1-10-.05 Amended: Filed May 20, 1996; effective June 24, 1996. Repealed by Alabama Administrative Monthly Volume XXXVII, Issue No. 07, April 30, 2019, eff. 6/2/2019. Author: Melvin Maraman Statutory Authority: Act No. 92-658.

Notes Ala. Admin. Code r. 420-1-10-.06 Final adoption filed July 21, 1993, effective August 25, 1993. Repealed by Alabama Administrative Monthly Volume XXXVII, Issue No. 07, April 30, 2019, eff. 6/2/2019. Author: Melvin Maraman Statutory Authority: Act No. 92-658.

This chapter prescribes general rule-making procedures that apply to the adoption, amendment and repeal of rules of the State Board of Health (hereinafter referred to as "the Board"). Notes Ala. Admin. Code r. 420-1-2-.01 Filed July 20, 1990. Repealed and New Rule: Filed February…

Rules to be considered by the Board may be proposed in the following manner: (a) The adoption, amendment or repeal of a rule may be proposed to the Board by a member of the Board, the State Health Officer or any legislatively-created council or board dealing with public health. (…

(a) Records of the Board concerning rule-making actions, including notice of rule-making; comments received in response to those notices; petitions for rule-making; denials of petitions for rule-making; and final rules are maintained in a current register of regulations in the Of…

Any person may petition the Board to adopt, amend or repeal a rule by making and filing a written petition in accordance with the following: (a) A petition to adopt, amend or repeal a rule shall contain the following information: (1) the name, address and telephone number of the …

The Board shall give consideration to any petition for rule-making made and filed in accordance with Rule 420-1-2-.04. The Board may consider: (a) the views of the Department staff; and of other state agencies (b) whether the proposed rule adoption, amendment, or repeal is consti…

Within sixty days after a petition is filed with the State Health Officer in accordance with Rule 420-1-2-.04, the Board shall do one of the following, provided however, that upon written notice to the petitioner, such sixty-day period may be extended by the State Health Officer …

(a) Except for the promulgation of an emergency rule, the State Health Officer, through the Agency Secretary, shall issue public notices of proposed rule-making. (b) Public Hearing. (1) Prior to the taking of any action on a proposed rule, the Board shall allow all interested per…

Except for the adoption of an emergency rule, the Board shall not adopt a rule governing the operation of a "hospital," as that term is defined at Code of Alabama 1975, § 22-21-20, without the prior advice and approval of the Licensure Advisory Board established by Code of Alabam…

(a) The State Health Officer or the Board may grant a waiver or variance from any rule, except that no waiver or variance may be granted for any provision that restates a statutory requirement or defines any term. "Waiver" or "variance" means that the application of a rule, or a …

(1) These rules apply to the initiation, hearing and resolution of contested cases of the State Board of Health (hereinafter also referred to as "the Board") under the Alabama Administrative Procedure Act. These rules do not apply to actions governed under other specific rules of…

(1) Service of any document required to be served on a licensee or other party pursuant to the provisions of the Administrative Procedure Act in contested cases, Code of Ala. 1975, §§ 41-22-1, et seq., may be made by any of the following methods unless a specific method is requir…

Time within which an act must be done under the provisions of these rules shall be computed in the manner prescribed by Code of Ala. 1975, § 1-1-4. Notes Ala. Admin. Code r. 420-1-3-.03 Filed July 20, 1990. Repealed and New Rule: Filed March 20, 2008; effective April 24, 2008. Au…

(1) A contested case is a proceeding in which the legal rights, duties or privileges of a party are required by law to be determined by the Board after an opportunity for hearing. Such actions include the granting or denial of licenses or permits, a change in status of a license …

(1) In a contested case, on motion of a party, the hearing officer conducting the hearing may issue subpoenas, discovery orders relating to relevant matters, and protective orders in accordance with the Alabama Rules of Civil Procedure. The cost of copies shall be a $5.00 retriev…

(1) The only evidence that the hearing officer shall consider in making a finding of fact shall be sworn testimony and exhibits accepted in the hearing or as otherwise agreed upon among the parties. (2) Hearsay Evidence. Hearsay testimony shall be allowed in any hearing so long a…

(1) Upon timely application filed with the Office of General Counsel, an affected person shall be permitted to intervene in any hearing to contest an administrative action of the Board when a statute confers an unconditional right to intervene, or when the applicant has a direct,…

The State Health Officer may order consolidation, in whole or in part, of two or more hearings to contest an administrative action of the Department whenever it appears that such consolidation would expedite or simplify consideration of the issues and no party would be prejudiced…

Informal settlement conferences before the county health officer or program director of the affected county or state program or his or her designee may be held in an attempt to resolve contested cases. Such informal settlement conferences shall not be of record as required by Rul…

(1) A hearing officer appointed by the State Health Officer shall preside at contested case hearings. The hearing officer shall serve as trier of fact. (2) All parties will be afforded an opportunity to respond and present witnesses and evidence and argument on all material issue…