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.

Summary

SB305 would allow direct appeals of CON decisions to the Alabama Court of Civil Appeals, place cost limits on contested CON cases, and streamline the review process.

What This Bill Does

It lets decisions by the CON Review Board be appealed directly to the Alabama Court of Civil Appeals, bypassing the Circuit Court. It applies to appeals pending on the act’s effective date and to future appeals, with any ongoing appeals moving to the Court of Civil Appeals. It establishes money limits for costs and administrative law judge fees, requires fee sharing among parties, and sets standard hourly rates for ALJs, while also tightening timelines to speed up contested CON cases.

Who It Affects

• CON applicants and health service providers seeking a certificate of need or appealing a CON decision, who would use the direct appeal route and face new cost-sharing rules
• aggrieved parties and other contestants in CON cases, along with SHPDA and administrative law judges, who would be subject to new cost limits, fee structures, and streamlined timeframes

Key Provisions

• Direct appeal: allows appeals of CON Board decisions directly to the Alabama Court of Civil Appeals, bypassing the Circuit Court; applicable to appeals pending on the effective date and future filings
• Transfer/applicability: appeals pending in other courts will be treated as if filed in the Court of Civil Appeals; new appeals proceed under Court of Civil Appeals rules
• Costs and fees: imposes monetary limits on party costs in contested CON applications; requires administrative law judge fees to be shared pro rata among all parties; sets standard hourly rate for ALJs approved by SHPDA
• Streamlined process and timelines: sets a 90-day project review period with possible extensions; requires timely public hearings, ALJ hearings within defined windows, and timely issuance of orders for contested cases
• Effective date: the act becomes effective immediately after governor’s approval

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Health