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.
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.
Forwarded to Governor at 3:40 p. m. on May 1, 2012.
Assigned Act No. 2012-294.
Clerk of the House Certification
Signature Requested
Enrolled
Concurred in Second House Amendment
McClurkin motion to Concur In and Adopt adopted Roll Call 1080
Concurrence Requested
Motion to Read a Third Time and Pass adopted Roll Call 840
Reed motion to Adopt Brooks Amendment adopted Roll Call 839
Third Reading Passed
Further Consideration
Reed to Carry Over to the Call of the Chair Granted
Brooks Amendment Offered
Third Reading Carried Over to Call of the Chair
Brooks to Carry Over to the Call of the Chair Granted
Third Reading Carried Over to Call of the Chair
Read for the second time and placed on the calendar
Read for the first time and referred to the Senate committee on Health
Engrossed
Motion to Read a Third Time and Pass adopted Roll Call 332
Motion to Adopt adopted Roll Call 331
Health first Substitute Offered
Third Reading Passed
Read for the second time and placed on the calendar with 1 substitute and
Read for the first time and referred to the House of Representatives committee on Health
Source: Alabama Legislature