Code of Alabama
Ala. Code § 22-21-261 (2026)
Legislative Findings; Purpose of Article.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
The Legislature of the State of Alabama declares that it is the public policy of the State of Alabama that a certificate of need program be administered in the state to assure that only those health care services and facilities found to be in the public interest shall be offered or developed in the state. It is the purpose of the Legislature in enacting this article to prevent the construction of unnecessary and inappropriate health care facilities through a system of mandatory reviews of new institutional health services, as the same are defined in this article.
(Acts 1977, 1st Ex. Sess., No. 82, p. 1509, §1; Acts 1982, 2nd Ex. Sess., No. 82-770, p. 249, §2.)
Notes of Decisions
Cited in 12
cases, 1992–2016 · leading case: HealthSouth of Alabama, LLC v. Shelby Ridge Acquisition Corp., 207 So. 3d 14 (Ala. Civ. App. 2015).
HealthSouth of Alabama, LLC v. Shelby Ridge Acquisition Corp., 207 So. 3d 14 (Ala. Civ. App. 2015). “” § 22-21-261, Ala.Code 1975. To accomplish this purpose, the legislature has enacted comprehensive regulatory statutes in Title 22, Chapter 21, Article 9, § 22-21-260 et seq.”
Prime Lithotripter Oper. v. Lithomedtech of Alabama, LLC, 855 So. 2d 1085 (Ala. Civ. App. 2001). “In addressing the argument that CON review is not necessary for LithoMedTech and UroVenture, we note that § 22-21-261 states that the public policy sought to be served by the CON program is: "[T]o assure that only those health care services and facilities found to be in the…”
Pleasure Island Ambulatory Surgery Ctr., LLC v. State Health Plan. & Dev. Agency, 38 So. 3d 739 (Ala. Civ. App. 2008). “Section 22-21-261, Ala. Code 1975, provides, in pertinent part: “[I]t is the public policy of the State of Alabama that a [CON] program be administered in the state to assure that only those health care services and facilities found to be in the public interest shall be offered…”
Affinity Hosp., LLC v. Brookwood Health Servs. Inc., 143 So. 3d 208 (Ala. Civ. App. 2013). “Section 22-21-261, Ala.Code 1975, provides: "The Legislature of the State of Alabama declares that it is the public policy of the State of Alabama that a certificate of need program be administered in the state to assure that only those health care services and facilities found…”
Daniel Senior Living of Inverness I, LLC v. STV One Nineteen Senior Living, LLC, 161 So. 3d 196 (Ala. 2014). “” Section 22-21-261, Ala.Code 1975, states: “The Legislature of the State of Alabama declares that it is the public policy of the State of Alabama that a certificate of need program be administered in the state to assure that only those health care services and facilities found…”
Montgomery Rehab. Hosp., Inc. v. State Health Plan. Agency, 610 So. 2d 403 (Ala. Civ. App. 1992). “§ 22-21-261, Ala.Code 1975. All CON applications are reviewed by SHPA, which may, upon making certain required findings, grant or deny an application.”
Sacred Heart Health Sys., Inc. v. Infirmary Health Sys., 155 So. 3d 969 (Ala. Civ. App. 2010). “” Ala.Code 1975, § 22-21-261. To allow without CON review the development of a healthcare facility intended to house not only physicians’ offices but also an ambulatory-surgery center, a laboratory, and a rehabilitation center, would undermine the purposes of the CON statutes.”
Foley Hosp. Corp. v. Gulf Health Hospitals, Inc., 157 So. 3d 925 (Ala. Civ. App. 2014). “Code 1975, states: ‘“The Legislature of the State of Alabama declares that it is the public policy of the State of Alabama that a certificate of need program be administered in the state to assure that only those health care services and facilities found to be in the public…”
HealthSouth of Alabama, LLC v. Shelby Ridge Acquisition Corp., 207 So. 3d 45 (Ala. Civ. App. 2016). “As these cases painfully illustrate, the SHPDA and the CON system utterly fail to ensure that “only those health care services and facilities found to be in the public interest shall be offered or developed in the state,” Ala.Code 1975, § 22-21-261, and that the State Health…”
Montgomery Rehab. Hosp. v. HEALTH Plan., 610 So. 2d 403 (Ala. Civ. App. 1992). “§ 22-21-261, Ala.Code 1975. All CON applications are reviewed by SHPA, which may, upon making certain required findings, grant or deny an application.”
Ex parte STV One Nineteen Senior Living, LLC, d/b/a Somerby at St. Vincent's One Nineteen., No. 1110588 (Ala. Aug. 29, 2014). “" Section 22-21-261, Ala. Code 1975, states: "The Legislature of the State of Alabama declares that it is the public policy of the State of Alabama that a certificate of need program be administered in the state to assure that only those 2 1110588 health care services and…”
Huntsville Healthcare Ctr., Inc. v. Brown Health Servs., Inc., 747 So. 2d 330 (Ala. Civ. App. 1999). “*332 Code 1975, § 22-21-261. Section 41-22-16(a)(2) does not set forth a specific sanction or consequence in the event that a CONRB fails to rule on a proposed order within the required time.”
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