Alabama CON Review Board Update - February 20, 2013

In This Update:

-I. For Informational Purposes Only (no vote required)

-II. Certificate of Need Program

-III. Reviewability Determinations and Pending Reviewability Determinations

-IV. Old Business

- Excerpt from Certificate of Need Program:

This project is being presented to the CON Review Board pursuant to an Order dated September 21, 2012, by the Alabama Court of Civil Appeals remanding this case to SHPDA for a "determination as to whether the Brookwood Medical Center and UAB Hospital letters alone satisfy the requirement of former Rule 410-2-4-.02(7)(c)3., Ala. Admin. Code (SHPDA), that [Lloyd] Noland had 'written patient transfer agreements with hospitals other than the host hospital to provide at least 75 percent of the admissions to the long-term hospital, based on the total average daily census for all participating hospitals.'" On January 4, 2013, the Montgomery County Circuit Court issued an Order requiring the parties to "pursue" a hearing before SHPDA, and within 30 days, and for SHPDA to thereafter issue a written determination as required under the Court of Civil Appeals decision.

The Board voted and affirmed that the Brookwood Medical Center and UAB Hospital letters alone satisfy the requirement of former Ala. Admin. Code § 410-2-4-.02(7)(c)3.

Please see full update below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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