HB137 Alabama 2011 Session

Under existing law, any party to a contested case involving a Certificate of Need (CON) application is required to appeal an adverse decision by the CON Review Board first to the Circuit Court of either Montgomery County or the county wherein the applicant is situated or where the new institutional health service is to be located before the decision can be appealed to the Alabama Court of Civil Appeals

This bill would provide for a direct appeal to the Alabama Court of Civil Appeals, thereby bypassing the initial review by the circuit court

Further, this bill would place monetary limits on the costs imposed by parties in a contested CON application and streamline the processing of such cases

This bill would provide for approved fee rates for administrative judges in contested cases with fees shared by the parties to the contested case

Relating to the State Health Plan and the issuance of a Certificate of Need (CON); to amend Section 22-21-275, Code of Alabama 1975, to amend the procedure for the granting or denial of an application for a Certificate of Need (CON) by eliminating the appeals of adverse final decisions by the CON Review Board to the Circuit Court of Montgomery County or the county wherein the applicant is situated or where the new institutional health service is to be located and instead provide for a direct appeal of the decisions to the Alabama Court of Civil Appeals; to place monetary limits on the administrative law judge fees and costs imposed by parties in a contested CON application; and to streamline the processing of contested cases.