HB370 Alabama 2012 Session
Bill Summary
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.
Relating to the State Health Plan and the issuance of a Certificate of Need (CON); to amend Section 22-21-275, Code of Alabama 1975, to amend the procedure for the granting or denial of an application for a Certificate of Need (CON) by eliminating the appeals of adverse final decisions by the CON Review Board to the Circuit Court of Montgomery County or the county wherein the applicant is situated or where the new institutional health service is to be located and instead provide for a direct appeal of the decisions to the Alabama Court of Civil Appeals; to place monetary limits on the administrative law judge fees and costs imposed by parties in a contested CON application; and to streamline the processing of contested cases.
Bill Actions
| Action Date | Chamber | Action |
|---|---|---|
| April 30, 2012 | Forwarded to Governor at 3:40 p. m. on May 1, 2012. | |
| April 30, 2012 | Assigned Act No. 2012-294. | |
| April 30, 2012 | Clerk of the House Certification | |
| April 30, 2012 | Signature Requested | |
| April 30, 2012 | Enrolled | |
| April 30, 2012 | Concurred in Second House Amendment | |
| April 30, 2012 | McClurkin motion to Concur In and Adopt adopted Roll Call 1080 | |
| April 30, 2012 | Concurrence Requested | |
| April 25, 2012 | Motion to Read a Third Time and Pass adopted Roll Call 840 | |
| April 25, 2012 | Reed motion to Adopt Brooks Amendment adopted Roll Call 839 | |
| April 25, 2012 | Third Reading Passed | |
| April 25, 2012 | Further Consideration | |
| April 25, 2012 | Reed to Carry Over to the Call of the Chair Granted | |
| April 25, 2012 | Brooks Amendment Offered | |
| April 25, 2012 | Third Reading Carried Over to Call of the Chair | |
| April 25, 2012 | Brooks to Carry Over to the Call of the Chair Granted | |
| April 25, 2012 | Third Reading Carried Over to Call of the Chair | |
| April 4, 2012 | Read for the second time and placed on the calendar | |
| March 14, 2012 | Read for the first time and referred to the Senate committee on Health | |
| March 13, 2012 | Engrossed | |
| March 13, 2012 | Motion to Read a Third Time and Pass adopted Roll Call 332 | |
| March 13, 2012 | Motion to Adopt adopted Roll Call 331 | |
| March 13, 2012 | Health first Substitute Offered | |
| March 13, 2012 | Third Reading Passed | |
| February 29, 2012 | Read for the second time and placed on the calendar with 1 substitute and | |
| February 20, 2012 | Read for the first time and referred to the House of Representatives committee on Health |
Bill Text
Bill Votes
Bill Documents
| Type | Link |
|---|---|
| Bill Text | HB370 Alabama 2012 Session - Enrolled |
| Bill Text | HB370 Alabama 2012 Session - Engrossed |
| Bill Text | HB370 Alabama 2012 Session - Introduced |
Source: Alabama Legislature