Current through Register Vol. 42, No. 11, August 30, 2024
(1) Legal Authority for Adoption of
Regulations. Pursuant to the authority granted by Code of Ala.
1975, §
22-21-20
et
seq. and in accordance
with the Alabama Administrative Procedures Act, Code of Ala.
1975, §
41-22-1
et
seq., the State Board of
Health does hereby adopt and promulgate rules governing all nursing facilities
in Alabama except those exempt by law from licensure.
(2) Types of License. All licenses are issued
for the calendar year and shall expire December 31, unless renewed by the owner
for the succeeding year.
(a) Regular License.
A regular license shall be issued by the State Board of Health after the Board
has determined that the nursing facility is in substantial compliance with the
rules herein adopted.
(b)
Probational License. The State Board of Health may, in its discretion and in
lieu of license revocation, issue a probational license to a facility when
inspection shows that the maintenance and operation of the facility are such
that the facility no longer substantially complies with the rules adopted
herein. However, the Board may issue a probational license only after
determining that the health and safety of residents are adequately protected
despite the non-compliance, and that the facility has submitted an adequate
written plan to correct the non-compliance in a timely manner.
(3) Application and Fee
(a) Every facility shall be required to
submit an application for license accompanied by the required statutory fee, in
accordance with the provisions of Section
22-21-24 of the Code
of Ala. 1975. Every application must be submitted on a form
supplied by the Board and must contain all the information requested on said
form, along with the required fee, in order for the application to be processed
and considered.
(b) Name of
Facility. Every facility shall be designated by a permanent and distinctive
name, which shall be used in applying for a license and shall not be changed
without prior written notice to the Board specifying the name to be
discontinued as well as the new name.
(4) Licensing.
(a) Issuance of License. The license document
issued by the State Board of Health shall set forth the name and location of
the facility, the type of facility, and the bed capacity for which the
institution is licensed, and the type of license (temporary, regular, or
probational).
(b) Separate License.
A separate license shall be required for each nursing facility when more than
one facility is operated under the same management; (Separate licenses are not
required for separate buildings on the same grounds used by the same facility).
Facilities offering different types of health care services in one building or
complex of buildings (e.g., a building housing a nursing facility and a
hospital) shall also be separately licensed.
(c) Basis for Denial of License.
1. The State Board of Health may deny a
license to any corporation, partnership or individual making application to own
or operate any nursing facility if said corporation, partnership or individual:
(i) Falsified any information or record
required by the application or license; or
(ii) Has been convicted of a felony, in this
or any other state or federal jurisdiction, for physical, mental, or verbal
abuse or neglect of an individual or misappropriation of property of a nursing
facility resident or financial abuse of residents; or
(iii) Has been convicted of fraud in this or
any other state or federal jurisdiction; or
(iv) Has previously been the subject of
license revocation proceedings and does not demonstrate a recent ability and
willingness to fully comply with State Board of Health rules; or
(v) Does not demonstrate adequate resources,
ability, or intent, to fully comply with the State Board of Health
rules.
(d)
Basis for License Revocation. The State Board of Health may revoke a license to
operate a nursing facility if the owner and/or operator of said facility:
1. Violates any of the provisions of
Code of Ala. 1975, §
22-21-20
et
seq., or the rules and
regulations issued pursuant thereto;
2. Permits, aides or abets the commission of
any illegal act in such facility; or
3. Engages in conduct or practices deemed by
the State Board of Health to be detrimental to the welfare of the residents of
such facility.
(5) Right of Review. Whenever a license is
denied or revoked, the applicant or licensee will be afforded an opportunity
for a hearing in accordance with the requirements for contested case
proceedings under the Alabama Administrative Procedures Act, Code
of Ala. 1975, §
41-22-1
et
seq., and Chapter 420-1-3
of the Alabama Administrative Code.
(a) In
the case of a license revocation, prior notice of the grounds for proposed
revocation and the date, time and place set for the hearing shall be given in
accordance with the Alabama Administrative Procedures Act, Code of
Ala. 1975, 41-22-1et
seq. and Chapter 420-1-3, of the Alabama
Administrative Code (AAC).
(b) All
due process and procedural protection granted to the licensee or applicant by
the Alabama Administrative Procedures Act shall be provided.
(c) All appeals from adverse hearing
proceedings shall be subject to the requirements of the Alabama Administrative
Procedures Act.
(6)
Re-issuance of License.
(a) The following
changes in the status of the facility will require issuance of a new license,
upon application and payment of license fee:
1. Change in facility ownership.
(i) A change of ownership occurs whenever
there is a change in the legal form under which the controlling entity is
organized. Transactions constituting a change of ownership include, but are not
limited to, the following:
(I) Sale or
donation of the facility's legal title
(II) Lease of the entire facility's real and
personal property
(III) A sole
proprietor becomes a member of a partnership or corporation, succeeding him as
the new operator
(IV) A partnership
dissolves
(V) One partnership is
replaced by another through the removal, addition or substitution of a
partner
(VI) A general partnership
becomes a limited partnership, or a limited partnership becomes
general
(VII) Two (2) or more
corporations merge and the originally licensed corporation does not
survive
(VIII) Corporations
consolidate
(IX) A non-profit
corporation becomes a general corporation, or a for-profit corporation becomes;
non-profit
(X) Transfers between
levels of government
2. Increase in bed capacity
(b) The following status changes
require issuance of a new license without payment of licensure fee:
1. Change in type of care offered (e.g.,
nursing facility to skilled, distinct part SNF changes)
2. Change of location
3. Change in name of the facility
(c) The governing authority shall
file with the State Board of Health, an application for license 30 days before
any proposed change requiring a new license, in order to permit processing of
the application and issuance of the license prior to the desired effective date
of the change.
(7)
Compliance Exceptions. At its discretion, the State Board of Health may grant
an exception to, or modify the application of, one or more provisions of these
rules or referenced codes, for a period and under conditions, if any,
determined by the Board. The exceptions or modification shall be based on
hardship, impracticability, or economic infeasibility in complying with the
rules. The facility's request shall be in writing, shall state the specific
provisions for which the exception or modification is requested, and reasons
for each requested exception or modification.
(8) Compliance with State and Local Laws.
(a) Licensing of Staff. Staff of the facility
shall be currently licensed or registered in accordance with the applicable
laws.
(b) Compliance with Other
Laws. The facility shall be in compliance with laws relating to fire and
safety, sanitation, communicable and reportable diseases, Certificate of Need,
and other relevant health and safety requirements.
(9) Inspections. Failure or refusal to submit
to a survey will result in initiation of license revocation proceedings.
Findings noted during a survey shall be corrected by execution of an acceptable
plan of correction. The plan of correction shall be succinctly written to
address identified problems in a timely manner and returned to Alabama
Department of Public Health not later than 10 calendar days after receipt of
Statement of Deficiencies.
(10) A
renewal application and an annual Licensure fee must be submitted to arrive at
the Alabama Department of Public Health, not later than December 15 each year
to assure continued Licensure status.
Authors: Patricia E. Ivie, Jimmy D.
Prince
Statutory Authority:
Code of Ala.
1975, §§
22-21-20,
et
seq.
