Ala. Admin. Code r. 410-2-5-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 410-2-5-.09 - State Of Emergency Provisions

(1) Finding of Emergency Need and Waiver.

(a) The Statewide Health Coordinating Council recognizes that additional health care resources may be required, on an urgent and temporary basis, to address public health needs of the citizens of Alabama during a State of Emergency declared by the Governor (a "Declaration"). Accordingly, upon the issuance of a Declaration authorizing temporary waivers to Certificate of Need ("CON") requirements, the State Health Planning and Development Agency (the "Agency") may grant waivers for:

1. Any proposed expansion of institutional health services, beds, facilities, equipment and other resources (hereafter "institutional health services") by existing providers to meet the declared emergency, regardless of existing need methodology and without respect to health planning areas otherwise provided in the State Health Plan ("SHP"); and

2. The establishment of emergency alternate care sites, or their equivalent, as may be approved by ADPH for the duration of the declared emergency.

(2) Waiver Filing Requirements.

(a) Any provider seeking a waiver from CON authority under this provision shall provide the State Health Planning and Development Agency ("the Agency") in writing, on abbreviated forms to be prescribed by the Agency, an application containing the following information, as applicable:

1. Name and address of the provider;

2. Expanded institutional health services or any other services to be provided;

3. Number of beds or additional hemodialysis stations requested exceeding the current CON authorized capacity;

4. A description of any equipment being acquired;

5. The date that the proposed expanded facilities, equipment or services will be in service and available to address the emergency;

6. Projected cost;

7. Information demonstrating that the project is required to address the public health emergency identified in the Declaration; and

8. An unqualified commitment, by an authorized officer of the applicant, to comply with the requirements and limitations of this rule and any similar rule adopted by the CON Board.

(b) The application shall be signed by an authorized officer of the applicant under oath.

(3) Waiver Term. Any waiver issued pursuant to this rule shall automatically terminate on the earlier of:

(i) as applicable, the discontinuation of services subject to the waiver; or

(ii) sixty (60) days following the termination of the State of Emergency identified in the Declaration. Any continued operation of institutional health services authorized under a waiver granted pursuant to this section shall require a CON, subject to regular CON criteria and procedures, including compliance with the SHP, without regard to this rule.

(4) New Health Care Facility. Except as specifically provided in Ala. Admin. Code § 410-2-5-.09(1)(a)1. and 2., the construction, development or other establishment of a new health care facility, as defined in Section 410-1-2-.05, shall not be eligible for a waiver under this rule.

(5) Subsequent Relocation. The grant of a waiver under this rule for the temporary relocation of beds, equipment or other resources shall automatically authorize the return of such beds, equipment or other resources to their original location after the emergency, without the need for further authorization. Providers shall notify SHPDA of the effective date of such relocation in such manner as prescribed by the Executive Director.

(6) No Impact on Regular Need Methodology. Expanded health services authorized on a temporary basis pursuant to a waiver granted under this rule shall not be considered for purposes of the permanent need methodology in the SHP.

(7) Conflict. The provisions of this rule shall be subject to additional restrictions or conditions as may be imposed in a Declaration. In the event of a conflict between any provision of this rule and a Declaration, the Declaration shall prevail. Waivers previously issued under Ala. Admin. Code §§ 410-2-5-.09 -E and 410-1-10-.05 -E shall remain in force in accordance with their terms. The provisions of Ala. Admin. Code § 410-1-10-.01, Emergency Review, are unaffected by this rule.

Ala. Admin. Code r. 410-2-5-.09

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 12, September 30, 2020, eff. 11/14/2020.

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 07, April 30, 2024, eff. 6/14/2024.

Author: Statewide Health Coordinating Council

Statutory Authority:Code of Ala. 1975, §§ 41-22-5, 22-21-260(6), -264 and -275.