Legal Opinion

Alacare Home Health Services, Inc. v. Alabama State Health Planning & Development Agency

Court of Civil Appeals of Alabama

Decided July 24, 2009No. 2080049PublishedCited by 1 opinion

1Opinion of the Court

THOMAS, Judge.

Alaeare Home Health Services, Inc. (“Alacare”), appeals the judgment of the Jefferson Circuit Court, Bessemer Division, affirming a decision by the State Health Planning and Development Agency (“SHPDA”) to deny it a Certificate of Need (“CON”) to provide home-health services in Baldwin County. We affirm.

Facts and Procedural History

The State Health Plan (“SHP”) is a comprehensive plan prepared, reviewed, and periodically revised by the Statewide Health Coordinating Council and SHPDA, and approved by the Governor. See § 22-21-260(13), Ala.Code 1975; Rule 410-2-1-.02, Ala. Admin.…

2Cases cited18 opinions

  1. Alpine Bay Resorts, Inc. v. WyattSupreme Court of Alabama · 1988
  2. State Health Planning v. Rivendell of Ala.Court of Civil Appeals of Alabama · 1985
  3. Ex Parte Shelby Medical Center, Inc.Supreme Court of Alabama · 1990
  4. Alfa Mutual General Ins. Co. v. OglesbySupreme Court of Alabama · 1997
  5. Colonial Mgmt. Group v. State Health Planning and Dev. AgencyCourt of Civil Appeals of Alabama · 2002

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3Cited by1 opinion

  1. Hometown Home Health Care of Shelby County, LLC v. State Health Planning & Development AgencyCourt of Civil Appeals of Alabama · 2015

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