410-1-7-.04. Notice Of Change Of Ownership

(1) A notice of a change in ownership or control of a health care facility or service for which a CON has been granted shall be provided to the State Agency by the acquiring entity at least twenty (20) days before the transaction occurs, unless a shorter period is authorized for good cause shown by the Executive Director. (2) The notice of change of ownership or control shall be filed pursuant to Rule 410-1-3-.09 on forms approved by the State Agency, accompanied by a reviewability determination fee of $3,000.00 before the transaction occurs. Any transfer of ownership or control of a CON that has not become “vested” under Code of Ala. 1975, §22-21-270(d) must meet the requirements of Code of Ala. 1975, §22-21-270(e) to qualify for an exemption from CON review. The Executive Director shall issue a letter confirming the non-reviewability of any transfer of ownership or control that qualifies for an exemption under Code of Ala. 1975, §22-21-270. (3) The notice shall include: (a) the financial scope of the project to include the preliminary estimate of the costs broken down by equipment, construction, and yearly operating cost; (b) the services to be offered by the proposal; (The applicant will state whether he has previously offered the service and whether the service is an extension of a presently offered service, or whether the service is a new service.) (c) whether the proposal will include the addition of any new beds; (d) whether the proposal will involve the conversion of beds; (e) whether the assets and stock (if any) will be acquired; and (f) any other information that the Executive Director shall deem necessary to ensure a full understanding by the State Agency. (4) Any request made pursuant to this rule shall be subject to the publication requirements of Rule 410-1-7-.02, provided, however, the Executive Director may provide a determination or other response without regard to the time periods set forth in Rule 410-1-7-.02. (5) All required filing fees must be submitted to the State Agency via overnight mail and marked in such a way as to clearly identify the fee with the electronic submission; or the fee may be submitted electronically via the payment portal available through the State Agency’s website.