SB305 Alabama 2011 Session

Summary

Primary Sponsor

Greg J. Reed

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.

Description

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.

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Subjects

Health