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.
This bill would apply to CON applications appeals pending on the effective date of this bill.
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.
Pending third reading on day 24 Favorable from Health
Read for the second time and placed on the calendar
Read for the first time and referred to the Senate committee on Health
Engrossed
Mitchell dissent filed
Motion to Read a Third Time and Pass adopted Roll Call 546
McClurkin motion to Table adopted Roll Call 545
Williams (J) 3rd Amendment Offered
McClurkin motion to Table adopted Roll Call 544
Williams (J) Amendment Offered
McClurkin motion to Table adopted Roll Call 543
Williams (J) Amendment Offered
McClurkin motion to Table adopted Roll Call 542
Todd Amendment Offered
Motion to Adopt lost Roll Call 541
Johnson (R) Amendment Offered
Motion to Adopt adopted Roll Call 540
McClurkin Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the House of Representatives committee on Health
Source: Alabama Legislature