Ala. Admin. Code r. 420-5-6-.15

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

Section 420-5-6-.15 - Exceptions

(1) The Department may, at its discretion, for justifiable reasons and only in cases where the health, safety, and welfare of any citizens would not be impaired, grant exceptions to and departures from this Chapter when the policy objectives and intentions of this Chapter are otherwise substantially met.

(2) A request for exceptions to this Chapter shall be made in writing to the Department. A request, whether approved or not, will be retained on file by the Department. An approved request shall be retained on file by the health maintenance organization during the period the exception remains in effect.

(3) An exception granted under this Chapter may be revoked by the Department at its discretion for good cause whenever the policy objectives and intentions for granting the exception will no longer be furthered.

(4) The Department will give written notice revoking an exception and will state the reason for its action and a specific date upon which the exception will be terminated.

(a) The Department will provide a reasonable time between the date of written notice of revocation and the date of termination of an exception from compliance with the applicable regulations.

(b) Failure of the health maintenance organization to comply by the specified date may result in action to revoke the previously approved Certificate of Authority.

(c) The Department's denial or revocation of an exception is a final agency action and shall be appealable in accordance with Code of Ala. 1975, §§ 27-21A-1, etseq.

Author: Department of Public Health

Ala. Admin. Code r. 420-5-6-.15

Filed September 1, 1982. Repealed and New Rule adopted in lieu thereof: Filed March 31, 1987. Amended: Filed January 20, 1999; effective February 24, 1999.

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(6), etseq., 22-21-20, etseq., 27-21A-1, etseq.