(a) Any law to the contrary notwithstanding, the staff agency of the State Health Planning and Development Agency or its executive director may not increase or set any fees otherwise authorized relating to the certificate of need process pursuant to this article.
(b) Any fee increase by the staff agency of the State Health Planning and Development Agency or its executive director adopted after January 1, 1998, is rescinded and shall not be operative unless readopted in accordance with this section.
(c) Any fee increase related to the certificate of need process of the State Health Planning and Development Agency shall be adopted as a rule pursuant to the Alabama Administrative Procedure Act, Chapter 22 of Title 41.
(d)(1) For the purpose of this section, the term "State Health Planning and Development Agency" means the CON review board which is defined as the State Health Planning and Development Agency (SHPDA) in subdivision (14) of Section 22-21-260, and which consists of three consumers, three providers, and three representatives of the Governor.
(2) For the purpose of this section, the term "any fee related to the certificate of need process" means any fee authorized to be established by the State Health Planning and Development Agency, its staff agency, or the executive director of the staff agency. The term includes, but is not limited to, applications for a CON, opinions from the state agency as to whether a project is subject to review, or any other fee established pursuant to this article.
Structure Code of Alabama
Title 22 - Health, Mental Health, and Environmental Control.
Title 1 - Health and Environmental Control Generally.
Chapter 21 - Hospitals and Other Health Care Facilities Generally.
Article 9 - Control and Regulation of Development of Certain Health Care Facilities.
Section 22-21-260 - Definitions.
Section 22-21-261 - Legislative Findings; Purpose of Article.
Section 22-21-263 - New Institutional Health Services Subject to Review.
Section 22-21-264 - Criteria for State Agency Review.
Section 22-21-265 - Certificates of Need - Required for New Institutional Health Service.
Section 22-21-265.2 - Certificates of Need - Legislative Intent Reiterated.
Section 22-21-266 - Certificates of Need - Required Findings for Inpatient Facilities.
Section 22-21-268 - Certificates of Need - Emergency Certificate Prior to Hearing.
Section 22-21-271.1 - Certificates of Need - Fee Increases.
Section 22-21-274 - Adoption and Public Notice of Review Procedures and Criteria.
Section 22-21-275 - Procedures for Review of Applications for Certificates of Need.