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22-4-31
Section 22-4-31 Legislative findings. The Legislature does hereby set out the following findings
and reasons for passage of this article. Alabama has adopted a system of health planning and
development administered by the State Health Planning and Development Agency (SHPDA). In addition,
the Statewide Health Coordinating Council (SHCC) is charged with reviewing Alabama's health
planning needs and writing the State Health Plan to assist the Certificate of Need Review
Board. The Certificate of Need Review Board is responsible for reviewing and approving certificate
of need applications in Alabama. There is no current systematic way for the SHPDA, SHCC, or
the Certificate of Need Review Board to collect all the health care services information necessary
for proper health care planning in Alabama, because reporting to SHPDA is voluntary. The Legislature
hereby finds and determines that collection of additional health care information is necessary
for informed statewide health planning. The...
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22-21-265
Section 22-21-265 Certificates of need - Required for new institutional health service. (a)
On or after July 30, 1979, no person to which this article applies shall acquire, construct,
or operate a new institutional health service, as defined in this article, or furnish or offer,
or purport to furnish a new institutional health service, as defined in this article, or make
an arrangement or commitment for financing the offering of a new institutional health service,
unless the person shall first obtain from the SHPDA a certificate of need therefor. Notwithstanding
any provisions of this article to the contrary, those facilities and distinct units operated
by the Department of Mental Health, and those facilities and distinct units operating under
contract or subcontract with the Department of Mental Health where the contract constitutes
the primary source of income to the facility, shall not be required to obtain a certificate
of need under this article. (b) Notwithstanding all other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-265.htm - 15K - Match Info - Similar pages
22-21-275
Section 22-21-275 Procedures for review of applications for certificates of need. The SHPDA,
pursuant to the provisions of Section 22-21-274, shall prescribe by rules and regulations
the procedures for review of applications for certificates of need and for issuance of certificates
of need. Rules and regulations governing review procedures shall include, but not necessarily
be limited to, the following: (1) Agreement with other review agencies for review procedures
consistent with this article and federal regulations. (2) Application procedures and forms
of the application necessary to elicit and provide all necessary information as required by
the review criteria. (3) Establishment of a project review period of 90 days from the date
the state agency determines that the application is complete and notification thereof is made
to the applicant. The rules and regulations may provide for a period of not more than 15 days
for determination of the completeness of the application,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-275.htm - 10K - Match Info - Similar pages
22-21-260
Section 22-21-260 Definitions. As used in this article, the following words and terms, and
the plurals thereof, shall have the meanings ascribed to them in this section, unless otherwise
required by their respective context: (1) ACQUISITION. 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 suffrage, gift, devise, legacy, settlement
of a trust or means whatever, and shall include any act of acquisition. The term "acquisition"
shall not mean or include any conveyance, or creation of any lien or security interest by
mortgage, deed of trust, security agreement, or similar financing instrument, nor shall it
mean or include any transfer of title or rights as a result of the foreclosure, or conveyance
or transfer in lieu of the foreclosure, of any such mortgage, deed of trust, security agreement,
or similar financing instrument, nor shall it mean or include any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-260.htm - 11K - Match Info - Similar pages
22-4-42
Section 22-4-42 Limitations on use of information. The information collected pursuant to this
article shall be used to assist the SHPDA, the Certificate of Need Review Board, and the SHCC
to provide health planning and development services for the citizens of Alabama. The information
generated by these reports may not be used by SHPDA or any other agency or unit of state government
for any other purpose. (Act 2015-471, ยง13.)...
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22-21-263
Section 22-21-263 New institutional health services subject to review. (a) All new institutional
health services which are subject to this article and which are proposed to be offered or
developed within the state shall be subject to review under this article. No institutional
health services which are subject to this article shall be permitted which are inconsistent
with the State Health Plan. For the purposes of this article, new institutional health services
shall include any of the following: (1) The construction, development, acquisition through
lease or purchase, or other establishment of a new health care facility or health maintenance
organization. A transaction involving the sale, lease, or other transfer or change of control
of an existing health care facility, existing health maintenance organization, or existing
institutional health service is not subject to certificate of need review or approval under
this article unless the transaction also involves implementing one or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-263.htm - 6K - Match Info - Similar pages
22-4-33
Section 22-4-33 Health Care Information and Data Advisory Council. (a) There is established
the Health Care Information and Data Advisory Council to give advice and guidance to SHPDA
in adopting rules necessary to implement this article, to review and serve as consultants
to SHPDA on matters related to any reports or publications prior to a report or publication
release, and to serve as consultants to SHPDA on matters relating to the protection, collection,
and dissemination of health care reports. (b) The council shall consist of the following members:
(1) Two members appointed by the Alabama Hospital Association. (2) Two members appointed by
the Alabama Nursing Home Association. (3) One member appointed by the Assisted Living Association
of Alabama. (4) Two members appointed by the Alabama Hospice and Palliative Care Association.
(5) One member appointed by the Home Care Association of Alabama. (6) One member appointed
by the Chair of the SHCC. (7) Two members appointed by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-4-33.htm - 2K - Match Info - Similar pages
22-21-271
Section 22-21-271 Certificates of need - Application fees; appropriation of funds; disposition
of fees. (a) Each application for a certificate of need shall be accompanied by a fee of one
percent of the estimated cost of the proposed cost of the new Institutional Health Service,
or a maximum of twelve thousand dollars ($12,000) (indexed) per application. Provided, that
the application fee shall be three-fourths of one percent of the estimated cost of the proposed
new Institutional Health Service, or a maximum of eight thousand dollars ($8,000) if the applicant
has had an average daily census comprised of 50 percent or more Medicaid patients within the
last year prior to the filing of the application and a maximum of six thousand dollars ($6,000)
if a rural hospital applicant has had an average daily census comprised of 30 percent or more
Medicaid/Medicare patients within the last year prior to the filing of the application. The
minimum fee shall be set by the SHPDA. Fees shall be used...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-271.htm - 3K - Match Info - Similar pages
16-5-8
Section 16-5-8 Review, coordination, establishment, etc., of programs; transfer of credits;
Articulation and General Studies Committee. (a)(1) The Commission on Higher Education is authorized
to review periodically all new and existing programs and units of instruction, research, and
public service funded by state appropriations at the state universities and colleges and to
share with the appropriate governing board, through the president of the institution, and
state Legislature, its recommendations. (2) As a part of its program review process, the commission
shall enforce, monitor, and report on minimum degree productivity standards for all existing
programs of instruction at public two-year and four-year institutions of higher education.
Productivity standards shall be based, primarily, but not exclusively, on the annual average
number of degrees conferred during a five-year period for senior institutions and a three-year
period for two-year institutions, as verified by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-5-8.htm - 13K - Match Info - Similar pages
34-24-360
Section 34-24-360 Restrictions, etc., on license; grounds. The Medical Licensure Commission
shall have the power and duty to suspend, revoke, or restrict any license to practice medicine
or osteopathy in the State of Alabama or place on probation or fine any licensee whenever
the licensee shall be found guilty on the basis of substantial evidence of any of the following
acts or offenses: (1) Fraud in applying for or procuring a certificate of qualification to
practice medicine or osteopathy or a license to practice medicine or osteopathy in the State
of Alabama. (2) Unprofessional conduct as defined herein or in the rules and regulations promulgated
by the commission. (3) Practicing medicine or osteopathy in such a manner as to endanger the
health of the patients of the practitioner. (4) Conviction of a felony; a copy of the record
of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive
evidence. (5) Conviction of any crime or offense which...
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