Current through Register Vol. 42, No. 11, August 30, 2024
(1) Formal application for a Certificate of
Need review shall be made on the appropriate forms provided by the State
Agency, or reasonable facsimile thereof. Information required for review may
vary depending on the nature of the proposal. The filing of a formal
application with the Agency shall be a prerequisite for the issuance of a
Certificate of Need.
(a) The applicant must
submit the application to the Agency electronically in text searchable, PDF
format, as required under SHPDA Rule
410-1-3-.09. In addition,
applicants for a certificate of need for substance abuse treatment facilities
or psychiatric beds shall also provide proof of publication of notice of the
application once a week for two consecutive weeks in a newspaper of general
circulation in the areas(s) affected, in such size and using such forms as
provided by the Agency, and electronically submit proof of publication to the
Agency no later than the 30th day of the review
cycle. Where publication has occurred within the thirty day deadline but the
newspaper failed to provide a notarized proof of publication, counsel may
provide copies of the actual publication along with a notarized certificate
from counsel or an employee of the applicant attesting to the newspaper and
publication date. Failure to provide proof of publication by the
30th day of the review cycle will deem the
application incomplete, and it will be dismissed from the review cycle in
accordance with Rule
410-1-7-.07.
(b) Each application for a Certificate of
Need except as provided below, shall be accompanied by a nonrefundable fee of
one percent of the estimated cost of the proposed cost of the new institutional
health service, or a maximum of $12,000.00 indexed and a minimum of $3,500.00.
1. An applicant, other than a rural hospital
as defined by the Health Care Financing Administration, who has had an average
daily census comprised of fifty percent (50%) or more Medicaid patients within
the last year prior to the filing of the application must pay a filing fee of
three-quarters of one percent of the cost of the proposed cost of the new
institutional health service with a maximum of $8,000.00 and a minimum of
$3,000.00.
2. A rural hospital
applicant who has had an average daily census comprised of thirty percent (30%)
or more Medicaid/Medicare patients within the last year prior to the filing of
the application must pay a filing fee of three-quarters of one percent of the
estimated cost of the proposed cost of the new institutional health service
with a maximum of $6,000.00 and a minimum of $1,500.00.
3. 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.
(c) The
application shall include a sworn statement as to the validity of the facts
stated therein and shall be notarized by an official authorized to administer
oaths in the State of Alabama.
(d)
The filing fee is not refundable after the fee has been tendered to the State
Agency.
(e) Any provisions of this
regulation notwithstanding, a filing fee shall not be required at the time of
the filing of the application if the Statewide Health Coordinating Council has
not met and reviewed and/or revised the State Health Plan in the year
proceeding the filing of the application unless and until the Statewide Health
Coordinating Council shall subsequently meet and review and/or revise the State
Health Plan. In said instances where the annual review comes after the initial
filing of an application, the applicant shall have thirty (30) days in which to
pay the requisite filing fee as established at the time of filing.
(2) The State Agency will have
fifteen (15) days in which to determine whether the application is complete or
incomplete. The 15-day period shall begin on the first working day following
the date the application is received by the Agency; provided, however, that
where an application is subject to the batching rules, the 15-day period shall
begin on the 61st day of the batching cycle.
