I. INFORMATIONAL PURPOSES ONLY

These projects were put on the agenda for informational purposes only. No vote was required because, "the recommended order of the Administrative Law Judge becomes the final order of the State Health Planning and Development Agency when no exceptions have been filed." No exceptions were filed.

AL2012-004, Baptist Health System, Inc. d/b/a Shelby Baptist Medical Center, Alabaster, AL: Proposes to relocate twenty psychiatric inpatient beds from the Health Care Authority for Baptist Health, an affiliate of UAB Health System, for a medical model geriatric psychiatric program. CON 2560-PSYCH issued March 9, 2012.

This project has been put on the agenda for informational purposes only. No vote is required because, "the recommended order of the Administrative law Judge becomes the final order of the Agency when no exceptions have been filed." No exceptions were filed. The project was approved, with the following limiting language in the section of the CON entitled "Services to be Provided" which stipulates that "The ambulatory surgery center proposed in Project No. AL2012-010 shall limit the surgical procedures it performs to dermatological surgery (including, but not limited to, Mohs micrographic surgery), oculoplastic surgery, skin cancer removal, and the reconstruction of cutaneous defects."

AL2012-010, Cutaneous Oncology and Surgery Center, LLC, Vestavia Hills, AL: Proposes to establish an Ambulatory Surgery Center designed and equipped to facilitate skin cancer removal through Mohs micrographic surgery and cutaneous reconstruction.

II. CERTIFICATE OF NEED PROGRAM ALVA M. LAMBERT

Emergency Request

A. AL2012-014-E, Metro Treatment of Alabama, LP d/b/a Tri County Treatment Center, Birmingham, AL: Emergency application requesting to relocate from 1101 East Park Drive, Birmingham, Alabama, to 5605 Clifford Circle, Birmingham, Alabama. This application is being presented to the Certificate of Need Board for ratification. Opposition: None
Approved.

Emergency Request

B. AL2012-015-E, Metro Treatment of Alabama, LP d/b/a Montgomery Metro Treatment Center, Montgomery, AL: Emergency application requesting to relocate from 4303 Norman Bridge Road, Montgomery, Alabama, to 6001 East Shirley Lane, Montgomery, Alabama. This application is being presented to the Certificate of Need Board for ratification. Opposition: None
Approved.

C. AL2012-005, Physicians Choice Dialysis of Alabama, LLC d/b/a PDI Prattville, Prattville, AL: Proposes to add one home training station to be used for peritoneal dialysis home training and support to their existing 16 hemodialysis station ESRD facility. Opposition: None
Approved.

D. AL2012-007, LaRocca, Inc. d/b/a LaRocca Nursing Home, Tuscaloosa, AL: Proposes to replace and relocate the 75-bed nursing home that was destroyed during a tornado on April 27, 2011. The facility will be constructed within the campus of Capstone Village, which is owned by the University of Alabama. Outpatient services for speech, occupational, and physical therapy will also be added. Opposition: None
Approved.

E. AL2012-009, Community Hospital of Andalusia, Inc. d/b/a Andalusia Regional Hospital, Andalusia, AL: Proposes to relocate 12 existing inpatient physical rehabilitation beds from Andalusia Regional Hospital to HealthSouth of Dothan, an existing 39-bed inpatient physical rehabilitation hospital. Opposition: None
Approved.

F. AL2012-011, The Health Care Authority for Baptist Health, an affiliate of UAB Health System, Montgomery, AL: Proposes to purchase all assets of the Montgomery Cancer Center, which would allow the Montgomery Cancer Center's Medical Oncology Division and Carmichael Imaging to be wholly-owned departments of Baptist Medical Center South. Opposition: None

G. AL2012-012, Montgomery Radiation Oncology, LLC, Montgomery, AL: Proposes to convert the physician office based radiation oncology center to a freestanding radiation oncology center. Opposition: None
Approved.

H. Project Modification
AL98017, Mercy Medical, A Corporation, Daphne, AL: Requests a project modification to modify the Second Modified CON 1975-NH-MOD # 2, by downsizing the project to 50 nursing home beds as the two nursing home beds that were slated to be moved from Mercy Medical's Daphne campus are no longer to be moved; and approve the relocation of the 50 nursing home beds to the campus of Robertsdale Nursing Home, Inc., located in Robertsdale, Alabama, Baldwin County instead of to Catherine Place campus in Baldwin County.
Approved.

I. Project Modification
AL2010-217, Bio-Medical Applications of Alabama, Inc. d/b/a Fresenius Medical Care Port City Dialysis, Mobile, AL: Requests a project modification to CON 2517-ESRD issued on December 2, 2010, allowing BMA to relocate the existing 20-station Port City Dialysis Facility, in addition to four hemodialysis stations that were approved under CON 2260-ESRD-MOD#1, but have not yet been placed into service. The applicant also seeks the approval of one additional isolation station, for a total of 25 stations. The project modification would allow BMA to not relocate the Port City Dialysis and seeks to transfer the five approved expansion stations to the South Mobile facility currently under construction through CON 2273-ESRD that was issued June 4, 2009 for 16 stations and one isolation station. This would result in a total of 20 hemodialysis stations and two isolation stations at the new South Mobile facility.
Approved.

J. Contested Case Withdrawn; Remanded by the ALJ
AL2011-014, Gulf Health Hospitals, Inc. d/b/a Thomas Hospital, Fairhope, AL: Proposes to expand their cardiac services by using an EP room as a third cardiac room for cardiac procedures. Opposition: South Baldwin Regional Medical Center filed intervention/opposition and request for a Contested Case Hearing. South Baldwin filed a letter 2/28/2012 withdrawing the request for Contested Case Hearing. However, South Baldwin remains as an intervenor in the project. ALJ remanded the project to the Board.
Approved.

III. REVIEWABILITY DETERMINATIONS AND PENDING REVIEWABILITY DETERMINATIONS

Reviewability Determinations:

RV2012-005, St. Vincent's Birmingham requests to relocate the existing oncology service from the ground floor of the main wing of the hospital to a newer building located on the campus of St. Vincent's. St. Vincent's will lease the ground floor of the proposed medical office building, located on 10thAvenue South, from Johnson Development Company. Status: Non-Reviewable

RV2012-006, Mizell Memorial Hospital HomeCare, LLC d/b/a LHC HomeCare of South Alabama requests to relocate the administrative branch office to 603 West Bypass, Andalusia, Alabama, approximately 2.46 miles from the existing site. Status: Non-Reviewable

RV2012-009, Renal Treatment Centers Southeast, LP d/b/a Henry County Dialysis a subsidiary of DaVita, Inc., requests to establish and operate a 10-station dialysis facility consisting of nine hemodialysis stations and one hemodialysis isolation station in Abbeville, Alabama. Status: Non-Reviewable

Pending Reviewability Determinations:

RV2012-007, Countryside Hospice Care, Inc., requests to establish an in-home hospice branch office in their CONauthorized service area of Morgan County. Status: Pending

RV2012-008, Countryside Hospice Care, Inc., requests to establish an in-home hospice branch office in their CONauthorized service area of Elmore County. Status: Pending

RV2012-010, Hospice Services of Alabama, LLC, requests to relocate the existing office from 2367 Lakeside Drive, Ste. B1, Birmingham, to 1000 Southlake Park, Ste. 100, Hoover, Alabama, approximately 1 mile away. Status: Pending

RV2012-011, Physicians Choice Dialysis of Attalla, LLC, requests to establish and operate a 10-station dialysis facility in Etowah County. Status: Pending

RV2012-012, Dale Medical Center requests to relocate the existing mobile Cardiac Catheterization Lab unit into the hospital. Status: Pending

RV2012-013, Omega Hospice, LLC d/b/a Omega Hospice of Cullman requests to establish an in-home hospice branch office in their CON-authorized service area of Jefferson County. Status: Pending

RV2012-014, Countryside Hospice Care, Inc., requests to establish an in-home hospice branch office in their CON-authorized service area of Jefferson County. Status: Pending

RV2012-015, HC Healthcare, Inc. d/b/a Hospice Care of Florence requests that CON 2473-HPC Hospice Care of Huntsville and CON 2471-HPC Hospice Care of Fort Payne (satellite offices) be combined into one CON with the parent provider. If approved the satellite offices' CONs will be surrendered. Status: Pending
Opposition: Alacare Home Health & Hospice

RV2012-016, HC Healthcare, Inc. d/b/a Hospice Care of Pelham requests that the CONs 2476-HPC Hospice Care of Montgomery, 2472-HPC Hospice Care of Demopolis, 2474-HPC Hospice Care of Luverne, 2475-HPC Hospice Care of Monroeville, and 2477-HPC Hospice Care of Dothan (satellite offices) be combined into one CON with the parent provider. If approved the satellite offices' CONs will be surrendered. Status: Pending
Opposition: Alacare Home Health & Hospice

RV2012-017, Renal Treatment Centers Southeast, LP d/b/a Wetumpka Dialysis requests to establish an ESRD facility consisting of nine hemodialysis stations and one hemodialysis isolation station in Elmore County. Status: Pending

RV2012-018, Metro Treatment of Alabama, LP d/b/a Mobile Metro Treatment Center requests to expand the existing facility located at 1924-C Dauphin Island Parkway, Mobile, Alabama, by adding 4,000 new square feet via lease renewal. Status: Pending

RV2012-019, Metro Treatment of Alabama, LP d/b/a Huntsville Metro Treatment Center requests to expand the existing facility located at 2227 Drake Avenue #19, Huntsville, Alabama, by adding 2,500 new square feet via lease renewal. Status: Pending

Rural, Coosa Valley Medical Center requests to provide cardiology services, including laboratory care in Talladega County. Status: Pending

Rural, Washington County Hospital and Nursing Home requests to open a hospital-based geriatric intensive outpatient psychiatric program within the confines of their affiliated long-term care facility, Washington County Nursing Home. Status: Pending

IV. OLD BUSINESS

CHAIRMAN

Change in Fees:

410-1-7-.02 Reviewability Determination Request
410-1-7-.04 Notice of Change of Ownership
Adopted.

V. NEW BUSINESS

CHAIRMAN

Declaratory Ruling 141:

Florence Surgery Center, LP d/b/a Shoals Outpatient Surgery and its general partner, SCA-Florence, LLC, respectfully petitions this Board to declare that (1) the change of ownership for the Valley CON is null and void; (2) that Eye Surgery must apply for and obtain a CON in order to operate an ambulatory surgery center; and (3) that Eye Surgery is prohibited from operating the Valley ambulatory surgery center until Eye Surgery has applied for and received a CON. Opposition: Eye Surgery Center of Florence, LLC

Continued after extensive discussion until the April CON Review Board meeting.

The next meeting of the CON Review Board will be April 18, 2012 at 10 a.m.

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.