October 7, 2022

Volume XII, Number 280

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Alabama CON Report September 21, 2022

I. Certificate of Need Program

A. AL2022-020, Infirmary ASC - Saraland, LLC, Mobile, AL: Proposes to construct and operate a freestanding multi-specialty Ambulatory Surgery Center (ASC) consisting of four (4) operating rooms and four (4) procedure rooms. Opposition: The University of South Alabama d/b/a USA Health and Springhill Hospitals, Inc. d/b/a Springhill Medical Center. Contested Case requested 6/7/2022 by USA Health and Springhill Medical Center. ALJ assigned 6/10/2022. Withdrawal of opposition filed by USA Health 6/29/2022. Withdrawal of opposition filed by Springhill Medical Center 8/2/2022. ALJ’s order transferring the project back to SHPDA filed 8/5/2022

Approved.

B. AL2022-021, Laser Eye Surgery Center of Florence, LLC d/b/a Laser Eye Florence, Lauderdale County, AL: Proposes to develop, establish, and operate a new single-specialty ophthalmic Ambulatory Surgery Center (ASC) with two (2) operating rooms and one (1) procedure room. Opposition: Florence Surgery Center, L.P. d/b/a Shoals Outpatient Surgery. Contested Case requested 6/13/2022 by Shoals Outpatient Surgery. ALJ assigned 7/11/2022. Withdrawal of opposition filed 7/29/2022. ALJ’s order transferring the project back to SHPDA filed 8/1/2022.

Approved.

C. AL2022-023, Renal Treatment Centers - Southeast, LP d/b/a Renaissance Dialysis, Florence, AL: Proposes to expand its existing End Stage Renal Disease (ESRD) facility located in Florence, Alabama, by adding two (2) new home-training stations for a total of twelve (12) stations. Opposition: None.

Approved.

D. AL2022-024, DVA Renal Healthcare, Inc. d/b/a Russellville Dialysis, Russellville, AL: Proposes to expand its existing End Stage Renal Disease (ESRD) facility by adding two (2) in-center hemodialysis stations and two (2) home training stations. Opposition: None.

Approved.

E. AL2022-025, Carillon Oaks Athens, LLC, Athens, AL: Proposes to establish a thirty-nine (39) bed Specialty Care Assisted Living Facility pursuant to the statistical update in the 2020-2023 Alabama State Health Plan. Opposition: None.

Approved.

II. Reviewability Determinations and Pending Reviewability Determinations

A. Reviewability Determinations:

RV2022-020, Department of Radiology of the University of South Alabama School of Medicine, proposes to open a radiology physician practice location, including diagnostic services, in Fairhope, Alabama. Opposition filed 5/17/2022 by Infirmary Health System. Status: Non-Reviewable.

RV2022-022, Central Alabama CT Imaging, LLC, proposes to provide private radiology physician diagnostic services under the Physician’s Office Exemption (POE). Status: Non-Reviewable.

RV2022-028, Jackson Surgery Center, LLC, proposes to renovate its existing Ambulatory Surgery Center (ASC) in Montgomery, Alabama. Status: Non-Reviewable.

RV2022-029, RCHP-Florence, LLC d/b/a North Alabama Medical Center, proposes to convert North Alabama Hematology/Oncology to be a provider-based location to North Alabama Medical Center, billing as a hospital-based outpatient department. Status: Non-Reviewable.

B. Pending Reviewability Determinations:

RV2022-024, Tuscaloosa Surgical Center, L.P. d/b/a Tuscaloosa Surgical Center, proposes to renovate its existing Ambulatory Surgery Center (ASC). Opposition filed by the DCH Healthcare Authority on 7/26/2022. Status: Pending.

RV2022-027, IOP Services, LLC, proposes to establish an intensive mental health counseling facility by a licensed physician’s medical practice in Tuscaloosa County, Alabama. Status: Pending.

RV2022-030, Restore Outpatient Therapy Services, proposes to establish a single specialty rehabilitation agency in Shelby County, Alabama. Status: Pending.

The next CON Review Board meeting will be held on October 19, 2022

© 2022 Bradley Arant Boult Cummings LLPNational Law Review, Volume XII, Number 265
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About this Author

Jennifer Hoover Clark Birmingham Healthcare Attorney Bradley
Partner

Jennifer Clark is a Partner at Bradley's Birmingham office. Her clients turn to her for guidance in navigating through the many government health care agencies and regulations to achieve their business goals. She represents numerous types of healthcare providers, including hospitals, dialysis providers, home health agencies, ambulatory surgery centers, senior living facilities, physicians, and many others. Jennifer represents clients in both the regulatory aspects and in the litigation of healthcare-related issues. Her practice includes assisting clients with the...

205-521-8020
Holly S. Hosford Birmingham Healthcare Attorney Bradley
Partner

Holly Hosford is a Partner at Bradley's Birmingham office. She represents numerous types of healthcare providers in a range of regulatory and transactional matters and in the litigation of healthcare-related issues. Holly's practice includes assisting clients with a variety of state and Federal regulatory issues, including state certificate of need laws and compliance with Federal and state regulatory issues, including compliance with anti-kickback and self-referral laws.

205-521-8376
Sydney H. Willmann Birmingham Healthcare Attorney Bradley
Associate

Sydney Willmann is an Associate in Bradley’s Healthcare Practice Group. Sydney represents numerous types of healthcare providers in a range of regulatory matters and in the litigation of healthcare-related matters. Her practice includes assisting clients with a variety of state and federal regulatory issues, including state certificate of need laws.

Prior to joining the firm, Sydney served as a law clerk for the Hon. R. David Proctor on the U.S. District Court for the Northern District of Alabama. She received her J.D. (cum laude) from...

205-521-8298
Mazie Bryant Birmingham Healthcare Attorney Bradley
Associate

Mazie Bryant is an Associate in the Healthcare Practice Group. She represents healthcare providers, practices, associations, and other entities in various business and legal matters, including state and federal regulatory compliance issues. Her practice includes assisting clients in navigating intricate healthcare-related regulatory requirements, such as state certificate of need laws, state and federal licensure laws, and HIPAA regulations. Mazie also advises clients on state legislation and legislative reform with a healthcare focus.

205-521-8011
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