HB174 Alabama 2013 Session

Updated Jul 24, 2021

House Bill

In Second Chamber

Current Status

Regular Session 2013

Session

Summary

Primary Sponsor: Jim McClendon Senator
Republican
Co-Sponsor: Randy Davis
Session: Regular Session 2013
Title: Certificates of Need, health care facilities, transfer of ownership, includes legal entities, retro. effect, Secs. 22-21-260, 22-21-263, 22-21-270 am'd.
Description: Under existing law, the Court of Civil Appeals has ruled that a certificate of need (CON) issued to a business entity not specified in the law for a health care facility or health maintenance organization, or issued for an institutional health service, is generally not transferable by sale, lease, or other transaction.
This bill would specify that the transfer of a certificate of need by lease issued to a limited liability company or other legal entity by lease, sale, or other transaction involving an existing health care facility, health maintenance organization, or institutional health service does not require a new or additional CON.
The bill would apply retroactively when an amendment to the CON law was enacted which had previously been interpreted as authorizing the transfers without a new CON.
Subjects: Health

Yes 90

Absent 13