Ala. Admin. Code r. 420-5-17-.02
Current through Register Vol. 43, No. 1, October 31, 2024
Section 420-5-17-.02 - Licensing And Administrative Procedures(1)Legal Authority for Adoption of Regulations. Pursuant to the authority granted by Code of Ala. 1975, Sections 22-21-20 to Sections 22-21-33, and in accordance with the Alabama Administrative Procedures Act,Code of Ala. 1975, Sections 41-22-1 to Section 41-22-27, the State Board of Health does hereby adopt and promulgate rules governing all nursing or hospices in Alabama except those exempt by law from licensure.(2)Type of license. All licenses are issued for the calendar year and shall expire December 31 unless renewed by the owner for the succeeding year. (a) Regular license. A regular license shall be issued by the State Board of Health after the board has determined that the hospice is in substantial compliance with rules herein adopted.(b) Probational license. The State Board of Health may, in its discretion and in lieu of license revocation, issue a probational license to a facility when inspection shows that the maintenance and operation of the facility are such that the hospice no longer substantially complies with the rules adopted herein. However, the Board may issue a probational license only after determining that the health and safety of patients are adequately protected despite non-compliance, and that the facility has submitted an adequate written plan to correct the non-compliance in a timely manner. Maximum length of time for probational status is one year.(3)Application and Fee.(a) Every hospice shall be required to submit an application for license accompanied by the required statutory fee in accordance with the provisions of Section 22-21-24 of the Code of Ala. 1975. Every application must be submitted on a form supplied by the Board and must contain all the information requested on said form in order for the application to be processed and considered.(b) Each application for licensed shall be accompanied by a fee as mandated by statute. No fee shall be refunded. Fees shall be paid by cash, check or money order made payable to the Alabama Department of Public Health.(4)Licensing.(a) Issue of License. The license document issued by the State Board of Health shall set forth the name and location of the hospice, the type of facility, the area of operation, the bed capacity, if applicable, and the type of license (regular or probational).(b) Separate licenses. A separate license shall be required for each hospice when more than one hospice is operated under the same management, at a different location, and has a separate professional staff and patient load.(c) Name of hospice. Every hospice must be designated by a permanent and distinctive name which shall be used in applying for a license and shall not be changed without prior written notice to the Board specifying the name to be discontinued as well as the new name.(d) Location of hospice. A hospice must be physically located within the State of Alabama.(5)Basis for Denial of License.(a) The State Board of Health may deny a license to any corporation, partnership or individual making application to own or operate any hospice if said corporation, partnership or individual: 1. Has falsified any information or record required by the application for license.2. Has been found by a court or by a state or federal agency after the provision of appropriate due process to have committed abuse or neglect of any individual or to have misappropriated the property of a patient or resident of a health care facility.3. Has been convicted of fraud in this or any state, or in any federal jurisdiction within the past five years.4. Has previously been the subject of license revocation proceedings and does not demonstrate a present ability and willingness to fully comply with State Board of Health rules, or5. Is unable to demonstrate sufficient ability and resources to fully comply with State Board of Health rules.(b) Basis for license revocation. The State Board of Health may revoke a license to operate a hospice if the owner and/or operator of said facility: 1. Violates any of the provisions of these rules and regulations.2. Permits, aids or abets the commission of any illegal act in such hospice, or3. Engages in conduct or practices deemed by the State Board of Health to be detrimental to the welfare of the patients of such hospice.(6)Right of Review. Whenever a license is denied or revoked, the applicant or licensee will be afforded an opportunity for a hearing in accordance with the requirements for contested case proceedings under the Alabama Administrative Procedures Act,Code of Ala. 1975, Section 41-22-17, and Chapter 420-1-3 of the Alabama Administrative Code.(7)Research Projects. Any licensee who is, or contemplates being, engaged in a bona fide research program which may be in conflict with one or more specific provisions of these rules may make application for waiver of the specific provisions in conflict. Application for waiver shall be made in writing to the Licensure Advisory Board who shall, upon completion of its investigation, send its findings, conclusions, and recommendations to the State Board of Health for final action.(8)Reissuance of License. The following changes in the status of the hospice will require issuance of a new license, upon application and payment of a licensing fee. (a) Change in hospice ownership. A change of ownership occurs whenever there is a change in the legal form under which the controlling entity is organized. Transactions constituting a change of ownership include, but are not limited to, the following: 1. Sale or donation of the hospice's legal title.2. Lease of the entire hospice's real and personal property.3. A sole proprietor becomes a member of a partnership or corporation, succeeding him as the new operator.4. A partnership dissolves.5. One partnership is replaced by another through the removal, addition or substitution of a partner.6. Two or more corporations merge and the originally licensed corporation does not survive.7. Corporations consolidate.8. A non-profit corporation becomes a general corporation, or a for-profit corporation becomes non-profit.(b) Increase in bed capacity.(c) Changes in type of care offered (home care to inpatient).(d) The following status changes require issuance of a new license without payment of licensure fee: 1. Change in facility name.2. Relocation of the hospice.3. Change in service area.(e) The governing authority shall file with the State Board of Health an application for license 30 days before any proposed change requiring a new license in order to permit processing of the application and issuance of the license prior to the desired effective date of the change.(9)Compliance Exceptions. At its discretion, the State Board of Health may grant an exception to or modify the application of one or more provisions of these rules or referenced codes for a period and under conditions, if any, determined by the Board. The exceptions or modifications shall be based on hardship, impracticability, or economic infeasibility in complying with the rules. The hospice's request shall be in writing, shall state the specific provisions for which the exception or modification is requested, and reasons for each requested exception or modification.(10)Compliance with State and Local Laws.(a) Licensing of staff. Staff of the hospice shall be licensed or registered in accordance with applicable laws.(b) Compliance with other laws. The hospice shall be in compliance with state and local laws relating to fire and safety, sanitation, communicable and reportable diseases, certificate of need, if applicable, and other relevant health and safety requirements.(11)Inspections. Failure or refusal to submit to a survey will result in initiation of license revocation proceedings. Findings noted during any survey shall be corrected by execution of a plan of correction. The plan of correction shall be succinctly written to address identified problems in a timely manner not to exceed 60 days or such other time as may be required by the director. Author: Jimmy D. Prince
Ala. Admin. Code r. 420-5-17-.02
New Rule: Filed August 20, 1993; effective September 23, 1993. Repealed and New Rule: Filed June 14, 2000; effective July 19, 2000. Amended: Filed January 15, 2003; effective February 19, 2003.Statutory Authority:Codeof Ala. 1975, §§ 22-21-20, etseq.