United States: Alabama CON Report - November 2015

Last Updated: November 25 2015
Article by Bradley Arant Boult Cummings LLP

I. Certificate of Need Program

  1. AL2015-036, NNA of Alabama, Inc. d/b/a Fresenius Medical Care Montclair, Birmingham, AL: Proposes to relocate the existing twenty-four (24) station ESRD facility to a location within a 10-mile radius. Opposition: None

    Approved
  2. AL2015-037, DVA Healthcare Renal Care, Inc. d/b/a Boaz Dialysis, Boaz, AL: Proposes to add two (2) in-center hemodialysis stations to the existing ESRD facility consisting of ten (10) in-center-hemodialysis stations. Opposition: None

    Approved
  3. AL2015-038, Bio-Applications of Alabama, Inc. d/b/a Fresenius Medical Care Rocket City Dialysis, Huntsville, AL: Proposes to construct and operate a new ESRD Treatment Center consisting of ten (10) existing stations to be relocated from Huntsville Dialysis Center and six (6) new stations, one (1) of which will be an isolation station, for a total of sixteen (16) stations. Opposition: None

    Approved

II. Reviewability Determinations and Pending Reviewability Determinations

A. Reviewability Determinations

RV2015-046, Southeast Alabama HomeCare, LLC d/b/a Southeast Alabama HomeCare of Eufaula, requests to relocate their home health branch office to a new location at 335 Macon Street, Suite B, Eufaula, AL. Status: Non-Reviewable

RV2015-047, GGNSC Bessemer, LLC d/b/a Golden Living Center-Meadowood, requests to provide outpatient physical therapy in Jefferson County. Status: Non-Reviewable

B. Pending Reviewability Determinations

RV2014-028: Surgicare of Mobile, Ltd., requests to add five operating rooms, 20 pre-/post-op bays, and four restrooms and expand the waiting room and business office. Status: Pending

Opposition: Providence Hospital filed a letter opposing the Reviewability Determination Request. Mobile Infirmary Association, d/b/a Mobile Infirmary Medical Center, filed a letter opposing the Reviewability Determination Request. In litigation, CV2014-901553, Springhill Hospitals, Inc., filed a Complaint for Declaratory Judgment and Injunctive Relief.

RV2015-026: Highlands Health & Rehab requests to replace the existing 50-bed nursing home in Scottsboro, AL. Status: Pending

RV2016-001, Eufaula Physical Therapy and Wellness, LLC, requests to provide physical therapy only at 335-A Macon Ave., Eufaula, AL. Status: Pending

RV2016-002, Gadsden Regional Medical Center, requests to construct two (2) additional operating rooms in the hospital for a total of eighteen (18) operating rooms. Status: Pending

RV2016-003, Northwest Medical Center, Inc., requests to purchase a Linear Accelerator from Southeast Physicians Network for radiation oncology services. Status: Pending

RV2016-004, Advance Rehabilitation & Consulting Limited Partnership, requests to provide outpatient physical therapy services only. Status: Pending

RV2016-005, Metro Treatment of Alabama, LP, requests to relocate the current facility within the same campus in Mobile, Alabama. Status: Pending

RV2016-006, Rehab Associates, LLC d/b/a Champion Sports Medicine-Homewood, requests to provide outpatient physical therapy services only. Status: Pending

III. New Business

Declaratory Ruling 148, Providence Hospital has submitted a Petition for Declaratory Ruling, requesting that the CON Review Board declare that Infirmary Health System, Inc. is operating a new diagnostic and imaging center in the western portion of Mobile, Alabama without first obtaining the necessary Certificate of Need from the Alabama Health Planning and Development Agency in violation of 410-1-4-.01 of the CON Rule and Alabama Code 22-21-263 and 22-21-265. Infirmary Health System filed opposition to the Petition for Declaratory Ruling.

The Petition for Declaratory Ruling was withdrawn prior to the CON Review Board meeting on November 17, 2015.

The next CON Review Board meeting will be held on January 20, 2016.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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