HB294 Alabama 2011 Session

Summary

Primary Sponsor

Mary Sue McClurkinCity Council

Republican

Session

Regular Session 2011

Title

Certificates of need (CON), applications, procedure for granting or denying, process of contested cases streamlined, direct appeal to Court of Civil Appeals, monetary limits on costs and administrative law judge fees, Sec. 22-21-275 am'd.

Summary

HB294 would let CON appeals go directly to the Alabama Court of Civil Appeals, cap certain costs and ALJ fees, and streamline the contested CON process.

What This Bill Does

It changes the appeal path for Certificate of Need decisions to allow direct appeals to the Court of Civil Appeals, skipping the Circuit Court. It imposes monetary limits on the costs and administrative law judge fees in contested CON cases and requires fee sharing among parties. It tightens and speeds up the review process with a 90-day project review period, defined extension rules, and structured timelines for hearings and record transmission. It also applies these changes to appeals of CON cases pending on the act’s start date and future filings.

Who It Affects

• Parties to CON disputes (such as applicants and opponents) who would have a direct appeal route to the Court of Civil Appeals and face new cost and fee-sharing rules.
• State agencies and the judiciary (SHPDA, administrative law judges, and the Court of Civil Appeals) responsible for implementing the new fee structures, streamlined timelines, and appellate procedures.

Key Provisions

• Direct appeal of CON Board decisions to the Alabama Court of Civil Appeals, bypassing the Circuit Court.
• Monetary limits on costs and on administrative law judge fees in contested CON cases, with fees shared pro rata among all parties.
• Approved hourly fee rates for administrative law judges and timelines for hearings, orders, and record transmission to the Court of Civil Appeals.
• Streamlined procedures including a 90-day project review period (with possible extensions) and a nonsubstantive review for certain small-capital expenditure proposals.

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