I. Certificate of Need Program

 A. Contested Case:

AL2023-022, Affinity Orthopaedic ASC, LLC, Jefferson County, AL: Proposes to develop an ambulatory surgery center (ASC) concentrating on orthopaedic surgery on the campus of Grandview Medical Center in Birmingham. Opposition: BBH BMC, LLC d/b/a Brookwood Medical Center, Medplex Outpatient Surgery Center, Ltd., and Outpatient Care Center. Requests for contested case filed 8/7/2023 and 8/8/2023. Administrative Law Judge assigned 8/9/2023. Outpatient Care Center withdrew opposition 8/29/2023. Administrative Law Judge’s order received 7/12/2024. Exceptions filed 7/19/2024.

The Certificate of Need Review Board adopted the Administrative Law Judge’s recommended order and approved the project.

 B. AL2024-009, The Board of Trustees of the University of Alabama for the University of Alabama Hospital, Jefferson County, AL: Proposes to relocate one hundred and ten (110) hospital beds, consisting of ninety-seven (97) acute care beds and thirteen (13) inpatient rehabilitation beds, from Medical West Hospital Authority, an affiliate of UAB Health System to the University of Alabama Hospital in Birmingham, Jefferson County, AL. Opposition: None

Approved.

 C. AL2024-011, Crestwood Healthcare, LP d/b/a Crestwood Medical Center, Madison County, AL: Proposes to establish a freestanding emergency department (FED) in the city of Madison, within thirty-five (35) miles of Crestwood Medical Center in Madison County, AL. Opposition: None

Approved.

 D. AL2024-012, Fresenius Medical Care Madison Home, LLC d/b/a Fresenius Metro Huntsville, Madison County, AL: Proposes to establish and operate a new twelve (12) station end stage renal disease (ESRD) dialysis facility consisting of eleven (11) in-center hemodialysis stations and one (1) isolation station in the city of Huntsville, Madison County, Alabama. Opposition: None

Approved.

 E. AL2024-013, Liberty Park Eye Center, LLC, Jefferson County, AL: Proposes to build and operate a new single-specialty ambulatory surgery center (ASC) specializing in ophthalmic surgery in Vestavia, Jefferson County, Alabama. Opposition: None

Approved.

 F. AL2024-017, The Board of Trustees of the University of Alabama for the University of Alabama Hospital, Jefferson County, AL: Proposes to permanently expand the emergency department at the University of Alabama Hospital in Birmingham, Jefferson County, Alabama. Opposition: None

Approved.

 G. For Informational Purposes Only:

Contested Case:

AL2024-010, CV Surgical Services, LLC d/b/a Birmingham Heart & Vascular Center, Birmingham, AL: Proposes to establish and operate a cardiology and vascular-focused, limited multi-specialty ambulatory surgery center (ASC) in Birmingham, Jefferson County, Alabama. Opposition: Affinity Hospital, LLC d/b/a Grandview Medical Center. Request for contested case filed by Grandview Medical Center on 5/1/24. ALJ was assigned 5/8/2024. ALJs recommended order was filed 7/29/2024 approving the project. No exceptions were filed.

 II. Reviewability Determinations and Pending Reviewability Determinations

 A. Reviewability Determinations:

RV2024-013, P4 Physical Therapy, LP – Athens, proposes to add the services of an occupational therapist to its existing facility. Status: Reviewable

RV2024-014, P4 Physical Therapy, LP – Gardendale, proposes to add the services of an occupational therapist to its existing facility. Status: Reviewable

RV2024-015, P4 Physical Therapy, LP – Jemison, proposes to add the services of an occupational therapist to its existing facility. Status: Reviewable

RV2024-018, USA Health Providence Hospital, proposes to add extracorporeal oxygenation (ECMO) to its existing heart and lung services. Status: Non-Reviewable

RV2024-019, Fresenius Medical Care Birmingham Home, proposes to provide home dialysis services on site at Arabella Health & Wellness of Birmingham by Fresenius Medical Care Birmingham Home to residents of the Arabella facility. Status: Non-Reviewable

RV2024-020R, Geneva County Health Care Authority, Inc. d/b/a Wiregrass Medical Center, proposes to convert its status to critical access hospital. Status: Non-Reviewable

RV2024-021, ProHealth Home Health, LLC, proposes to establish a home health branch office in Montgomery County pursuant to grandfathered authority acquired through CO2022-116. Status: Non-Reviewable

RV2024-022R, Hale County Healthcare Authority d/b/a Hale County Hospital, proposes to renovate its existing emergency department. Status: Non-Reviewable

 B. Pending Reviewability Determinations:

RV2024-012R, Ivy Creek of Tallapoosa, LLC d/b/a Lake Martin Community Hospital, proposes to initiate and offer the new institutional healthcare service of a cardiac catheterization lab at its existing facility. Status: Pending

RV2024-023R, Grove Hill Memorial Hospital, proposes to convert from a general acute care hospital to a rural emergency hospital (REH). Status: Pending

RV2024-024, Addiction & Mental Health Services, LLC d/b/a Bradford Health Services, proposes to operate an adult residential home with specialized behavioral health services housing patients with a primary psychiatric diagnosis. Status: Pending

RV2024-025, Midtown Medical Mobile, LLC, proposes to establish and operate an adult and pediatric urgent care, primary care, sub-specialties, clinics, telehealth, and IV hydration facility to also include off-site concierge services and at-home palliative care. Status: Pending

RV2024-026R, J. Paul Jones Hospital, proposes to convert from a general acute care hospital to a rural emergency hospital (REH). Status: Pending

RV2024-027, Gulf Health Hospitals, Inc. d/b/a Thomas Hospital d/b/a TMC Imaging Center & Diagnostics, proposes to relocate the facility to the Infirmary Health Malbis Campus within the city limits of Daphne, Baldwin County, Alabama. Status: Pending

RV2024-028R, EAMC-Lanier, proposes to convert its facility from a general acute care hospital to a rural emergency hospital (REH). Status: Pending

RV2024-029, Good Samaritan Hospice of Madison, Inc. d/b/a Affinity Hospice-Madison, proposes to relocate the administrative office within Madison County. Status: Pending  

RV2024-032, Fresenius Medical Care Mobile Area, LLC d/b/a Fresenius Mobile Transitional Care & Home Therapies, proposes to provide home hemodialysis services to residents on site at the Arabella Health & Wellness of Mobile facility. Status: Pending

III. New Business

Declaratory Ruling 162: Restore Therapy Services, Ltd. submits this Petition for Declaratory Ruling that both Fox Rehab OT AL LLC and Tx:Team OT, LLC currently provide outpatient physical therapy, occupational therapy, and speech therapy services at assisted living facilities and independent living facilities without a Certificate of Need and are subject to mandatory CON review by the Certificate of Need Review Board.

The Certificate of Need Review Board voted to refer this matter to the Statewide Health Coordinating Council for consideration.

The next CON Review Board meeting will be held on September 18, 2024.