Alabama Administrative Code Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY
Here’s a detailed overview of Title 410 – State Health Planning and Development Agency (SHPDA) under the Alabama Administrative Code:
🏛️ Agency Overview
Title 410 establishes the State Health Planning and Development Agency (SHPDA), the state's designated authority for health planning and oversight of the Certificate of Need (CON) program. The Governor appoints a nine-member Certificate of Need Review Board (three consumers, three providers, three gubernatorial reps) to advise SHPDA (law.cornell.edu).
📘 Chapter Breakdown
Chapter 410‑1‑1 – Legal Authority & Sanctions
Statutory authority: Alabama Code § 22‑21‑260 et seq. enables SHPDA to oversee CON reviews (admincode.legislature.state.al.us).
Executive authority: Reinforced by Executive Order No. 23 (1984) and its amendment in 1987 (admincode.legislature.state.al.us).
Sanctions:
Injunctive relief is available via circuit court.
Token licensing withheld for facilities built without CON.
No reimbursement for non‑CON services.
CON revocation upon proof of fraud or scope‑breach, with hearing rights (admincode.legislature.state.al.us).
Chapter 410‑1‑2 – Definitions
Clarifies key terms like “Agency,” “Certificate of Need Review Board,” “Health Care Facility,” and “Service Area” (admincode.legislature.state.al.us).
Chapter 410‑1‑3 – Administration
Outlines SHPDA’s administrative structure, including the Review Board’s internal procedures (e.g., quorum, voting, recordkeeping) .
Chapter 410‑1‑4 – Scope of Review
Establishes when CON review is triggered (e.g., new facility, bed additions, major equipment), and sets thresholds for what qualifies .
Chapter 410‑1‑5 – Replacement of Existing Equipment
Details when replacement of major items—like imaging systems—requires CON review .
Chapter 410‑1‑5A – Nursing Home Beds
Sets criteria for adding nursing home beds without requiring CON, including limits and conditions .
Chapter 410‑1‑5B – Assisted Living Facilities
Specifies review rules for specialty-care assisted living, including bed counts and staffing (regulations.justia.com).
Chapter 410‑1‑6 – Review Criteria & Standards
Enumerates quantitative and qualitative benchmarks—for access, utilization, financial feasibility, community need, and underserved populations .
Chapter 410‑1‑7 – Review Procedures
Describes application process, staff review, Board hearings, timelines, public notice, and staff reports .
Chapter 410‑1‑8 – Public Hearings & Appeals
Outlines rights for participation, hearing notices, transcripts, and appeal mechanisms (admincode.legislature.state.al.us).
Chapter 410‑1‑9 – Rules of Practice
Covers filing requirements, service of documents, motion procedures, and conflict-of-interest rules .
Chapter 410‑1‑10 – Special Reviews
Applies to faster or expanded reviews related to urgent or unusual health care needs (admincode.legislature.state.al.us).
Chapter 410‑1‑11 – Duration & Extension of CON
Sets validity periods for granted CONs and outlines extension request procedures .
Chapter 410‑1‑12 – Adoption of Rules and Regulations
Describes how SHPDA adds, amends, or repeals regulations, in coordination with the Statewide Health Coordinating Council (admincode.legislature.state.al.us).
Chapters 410‑2‑1 to 410‑2‑5 – Health Planning & Priorities
410‑2‑1: Framework for statewide health planning efforts.
410‑2‑2: Lists state health priorities, like rural access.
410‑2‑3: Specialty services planning.
410‑2‑4: Facility types and standards.
410‑2‑5: Roles for health statistics and plan revision (regulations.justia.com).
An appendix provides forms and templates.
✅ Summary
Title 410, covering Chapters 1–12 and 2‑1 to 2‑5, governs the Certificate of Need program, including definitions, timelines, criteria, hearings, sanctions, and health planning.
SHPDA is empowered to regulate expansions or new services via CON, enforce compliance, and support planning aligned with state health priorities.
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