§ 22-21-276 — Injunctive Relief; Issuance of License for Inpatient Beds or Facilities in Violation of Article Prohibited; Facilities in Violation of Article Not to Receive Reimbursement for Services

Alabama § 22-21-276

• Jurisdiction: Alabama
• Title 22: Health, Mental Health, and Environmental Control
• Ch. 21: Hospitals and Other Health Care Facilities Generally
• Art. 9: Control and Regulation of Development of Certain Health Care Facilities

Text

(a) Injunctive relief against violations of this article or any reasonable rules and regulations of the SHPDA may be obtained from the Circuit Court of Montgomery County, Alabama, at the instance of the SHPDA, any holder of a certificate of need that is adversely affected in the exercise of privileges thereunder by such violation or any member of the public directly and adversely affected by such violation. Upon written request by the SHPDA, it shall be the duty of the Attorney General of the State of Alabama to furnish such legal services as may be appropriate and to prosecute such action for injunctive relief to an appropriate conclusion.
(b) The State Board of Health shall not issue a license to operate new inpatient beds or any health care facility constructed, or acquired in violation of this article and without a certificate of need issued pursuant to this article.
(c) Any facility or service provided or constructed in violation of this article and without a certificate of need shall not receive reimbursement for services rendered by the health care facility or for the service provided by the facility which is provided in violation of said article without a certificate of need. This provision applies to all reimbursement programs administered by the State of Alabama. Recommendations will be made to other reimbursing agencies that reimbursement be denied.

Legislative History

(Acts 1977, 1st Ex. Sess., No. 82, p. 1509, §15; Acts 1982, 2nd Ex. Sess., No. 82-770, p. 249, §14.)