HB257 Alabama 2011 Session

Summary

Primary Sponsor

Jim McClendon

Republican

Co-Sponsor

Mary Sue McClurkin

Session

Regular Session 2011

Title

Certificates of need (CON), contested cases and fair hearings, direct appeal to Court of Civil Appeals, monetary limits on costs, procedures for processing cases, Sec. 22-21-275 am'd.

Summary

HB257 would let CON decisions be appealed directly to the Alabama Court of Civil Appeals, cap costs in contested cases, and standardize ALJ fees to streamline CON review.

What This Bill Does

It eliminates the requirement to first go through a Circuit Court and allows direct appeals to the Court of Civil Appeals for adverse CON Review Board decisions. It places monetary limits on costs in contested CON cases and requires fee-sharing among all parties for administrative judge fees. It aims to speed up CON reviews with streamlined procedures, including defined review periods and public hearings, and it creates a simplified, nonsubstantive review path for small capital expenditure proposals.

Who It Affects

• Parties to CON applications (including applicants and opponents) who would gain a direct appeal route to the Court of Civil Appeals and would face cost caps and pro rata ALJ fee sharing.
• SHPDA, administrative law judges, and the Alabama Court of Civil Appeals, which would implement standardized fee rates, oversee streamlined procedures, and hear direct appeals.

Key Provisions

• Eliminates mandatory Circuit Court review and allows direct appeals to the Alabama Court of Civil Appeals for adverse CON Review Board decisions.
• Imposes monetary limits on costs charged in contested CON cases.
• Provides for approved hourly rates for administrative law judge fees, with fees shared pro rata by all parties.
• Streamlines the CON review process with defined review periods and public hearings to expedite decisions.
• Creates a nonsubstantive review pathway for capital expenditures up to $500,000 that do not substantially change services.
• Allows final SHPDA decisions to be appealed to the Court of Civil Appeals, with specified filing deadlines and record transmission to the court.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Health