Current through Register Vol. 42, No. 5, February 29, 2024
(1) Any person
may apply independently and without notice for an emergency Certificate of Need
for the authorization of capital expenditures made necessary by unforeseen
events which endanger the health and safety of the patients. Emergency capital
expenditures include, but are not necessarily limited to, emergency
expenditures to maintain quality care, overcome failure of fixed equipment,
including heating and air conditioning equipment, elevators, electrical
transformers, and switch gear, sterilization equipment, emergency generators,
water supply and other utility connections and damage caused by natural or
manmade disaster.
(a) The applicant must
notify the State Agency in writing, describing the nature of the emergency, the
probable amount of the emergency expenditure and the anticipated date that the
emergency expenditure would be obligated. The applicant must clearly
demonstrate that an emergency exists. A copy of the application shall be served
on any party that has a pending application seeking a Certificate of Need for
similar authority in the same health service area. Each application for an
emergency Certificate of Need shall be accompanied by a nonrefundable filing
fee as provided for in Rule
410-1-7-.06(1)(b).
(b) The executive director shall publish
notice of the application on the agency's website and provide general notice to
the general distribution list maintained by the agency and notify the Chairman
and the Vice Chairman of the Certificate of Need Review Board of the stated
emergency, who may, upon a determination that an emergency actually exists,
order that a Certificate of Need be issued. The Chairman and Vice-Chairman may
approve an application for an emergency Certificate of Need prior to the
fifteen (15) comment period referenced in paragraph (c) below upon a finding
that a fifteen day (15) delay in issuance of the emergency Certificate of Need
would result in direct and immediate danger to the health and safety of
patients. Should the Chairman or Vice-Chairman recuse himself or herself from
consideration of the application, it may be approved with the signature of the
remaining officer.
(c) Within
fifteen (15) days of publication pursuant to (b) above, any affected person may
file with the agency comments regarding the application, regardless of whether
it has been approved by the Chairman and Vice-Chairman.
(d) The Executive Director, prior to the
meeting of the Certificate of Need Review Board ("Board") where ratification is
to be considered, shall provide copies of any comments to the Certificate of
Need Review Board members for their consideration.
(e) An emergency Certificate of Need which
has been issued by the Chairman and Vice-Chairman shall be voted upon and
ratified or disapproved by the Board at the next regularly scheduled meeting in
which a quorum exists to consider the matter. Failure to ratify the emergency
Certificate of Need at such meeting shall render the Certificate of Need null
and void.
(f) The applicant or
intervenor may appeal the Board's grant or denial of an Emergency Certificate
of Need to a Fair Hearing. Such appeal shall be conducted in accordance with
the provisions of Ala. Admin. Code r.
410-1-8-.16
applicable to regular Certificate of Need applications; provided, however, that
the Fair Hearing Officer shall conduct a hearing on an expedited basis and
shall issue an order within two (2) weeks of the filing of the appeal, unless
this period is extended by consent of all parties. There is no right to a Fair
Hearing appeal for an emergency Certificate of Need request not signed by the
Chairman and Vice-Chairman pursuant to paragraph (b) above.
(g) A firm commitment or obligation shall be
incurred pursuant to the emergency Certificate of Need within ninety (90) days
from the date of issuance thereof. No extensions of Emergency Certificates of
Need will be authorized.
(2) All written documents submitted pursuant
to this rule must be filed in accordance with the provisions of Rule
410-1-3-.09.
All required filing fees must be submitted to the State Agency via overnight
mail and marked in such a way as to clearly identify the fee with the
electronic submission; or the fee may be submitted electronically via the
payment portal available through the State Agency's website.
