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, Sections
22-21-20 to Sections
22-21-33, and in accordance with
the Alabama Administrative Procedures Act,
Code of
Ala. 1975, Sections
41-22-1 to Section
41-22-27, the State Board of
Health does hereby adopt and promulgate rules governing all nursing or hospices
in Alabama except those exempt by law from licensure.
(2)
Type 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
hospice is in substantial compliance with 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 hospice 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
patients are adequately protected despite non-compliance, and that the facility
has submitted an adequate written plan to correct the non-compliance in a
timely manner. Maximum length of time for probational status is one
year.
(3)
Application and Fee.
(a) Every
hospice 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 in order for the application to be processed and considered.
(b) Each application for licensed shall be
accompanied by a fee as mandated by statute. No fee shall be refunded. Fees
shall be paid by cash, check or money order made payable to the Alabama
Department of Public Health.
(4)
Licensing.
(a) Issue of License. The license document
issued by the State Board of Health shall set forth the name and location of
the hospice, the type of facility, the area of operation, the bed capacity, if
applicable, and the type of license (regular or probational).
(b) Separate licenses. A separate license
shall be required for each hospice when more than one hospice is operated under
the same management, at a different location, and has a separate professional
staff and patient load.
(c) Name of
hospice. Every hospice must 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.
(d) Location
of hospice. A hospice must be physically located within the State of
Alabama.
(5)
Basis
for Denial of License.
(a) The State
Board of Health may deny a license to any corporation, partnership or
individual making application to own or operate any hospice if said
corporation, partnership or individual:
1.
Has falsified any information or record required by the application for
license.
2. Has been found by a
court or by a state or federal agency after the provision of appropriate due
process to have committed abuse or neglect of any individual or to have
misappropriated the property of a patient or resident of a health care
facility.
3. Has been convicted of
fraud in this or any state, or in any federal jurisdiction within the past five
years.
4. Has previously been the
subject of license revocation proceedings and does not demonstrate a present
ability and willingness to fully comply with State Board of Health rules,
or
5. Is unable to demonstrate
sufficient ability and resources to fully comply with State Board of Health
rules.
(b) Basis for
license revocation. The State Board of Health may revoke a license to operate a
hospice if the owner and/or operator of said facility:
1. Violates any of the provisions of these
rules and regulations.
2. Permits,
aids or abets the commission of any illegal act in such hospice, or
3. Engages in conduct or practices deemed by
the State Board of Health to be detrimental to the welfare of the patients of
such hospice.
(6)
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, Section
41-22-17, and Chapter 420-1-3 of
the Alabama Administrative Code.
(7)
Research Projects. Any
licensee who is, or contemplates being, engaged in a bona fide research program
which may be in conflict with one or more specific provisions of these rules
may make application for waiver of the specific provisions in conflict.
Application for waiver shall be made in writing to the Licensure Advisory Board
who shall, upon completion of its investigation, send its findings,
conclusions, and recommendations to the State Board of Health for final
action.
(8)
Reissuance of
License. The following changes in the status of the hospice will require
issuance of a new license, upon application and payment of a licensing fee.
(a) Change in hospice ownership. 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:
1. Sale or donation of the hospice's legal
title.
2. Lease of the entire
hospice's real and personal property.
3. A sole proprietor becomes a member of a
partnership or corporation, succeeding him as the new operator.
4. A partnership dissolves.
5. One partnership is replaced by another
through the removal, addition or substitution of a partner.
6. Two or more corporations merge and the
originally licensed corporation does not survive.
7. Corporations consolidate.
8. A non-profit corporation becomes a general
corporation, or a for-profit corporation becomes non-profit.
(b) Increase in bed
capacity.
(c) Changes in type of
care offered (home care to inpatient).
(d) The following status changes require
issuance of a new license without payment of licensure fee:
1. Change in facility name.
2. Relocation of the hospice.
3. Change in service area.
(e) 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.
(9)
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 modifications
shall be based on hardship, impracticability, or economic infeasibility in
complying with the rules. The hospice'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.
(10)
Compliance with State and Local
Laws.
(a) Licensing of staff. Staff of
the hospice shall be licensed or registered in accordance with applicable
laws.
(b) Compliance with other
laws. The hospice shall be in compliance with state and local laws relating to
fire and safety, sanitation, communicable and reportable diseases, certificate
of need, if applicable, and other relevant health and safety
requirements.
(11)
Inspections. Failure or refusal to submit to a survey will result
in initiation of license revocation proceedings. Findings noted during any
survey shall be corrected by execution of a plan of correction. The plan of
correction shall be succinctly written to address identified problems in a
timely manner not to exceed 60 days or such other time as may be required by
the director.
Author: Jimmy D. Prince
Statutory Authority:
Code
of Ala. 1975,
§§
22-21-20,
et
seq.
