Ala. Code
Code of Alabama

Ala. Code § 22-21-268 (2026)

Certificates of Need - Emergency Certificate Prior to Hearing.

✓ official Alabama Legislature (ALISON) text, current July 2026
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Any person may apply, either independently and without notice under Section 22-21-267 or as a part of an application filed under Section 22-21-267, for an emergency certificate of need for the authorization of capital expenditures made necessary by unforeseen events which endanger the health and safety of the patients. Emergency capital expenditures include, but are not necessarily limited to, emergency expenditures to maintain quality care, to overcome failure of fixed equipment, including heating and air conditioning equipment, elevators, electrical transformers and switch gear, sterilization equipment, emergency generators, water supply and other utility connections. Applications for emergency certificates of need shall include a description of the work to be done and/or equipment to be purchased, the cost thereof, justification for considering the capital expenditure as being of an emergency nature and such other information as the SHPDA may require. Emergency certificates of need issued hereunder shall be subject to such special limitations and restrictions as the duration and right of extension or renewal as may be prescribed in the rules and regulations adopted by the SHPDA.

(Acts 1977, 1st Ex. Sess., No. 82, p. 1509, §9; Acts 1982, 2nd Ex. Sess., No. 82-770, p. 249, §8.)

Notes of Decisions
Cited in 3 cases, 2012–2014 · leading case: Daniel Senior Living of Inverness I, LLC v. STV One Nineteen Senior Living, LLC, 161 So. 3d 187 (Ala. Civ. App. 2012).
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Daniel Senior Living of Inverness I, LLC v. STV One Nineteen Senior Living, LLC, 161 So. 3d 187 (Ala. Civ. App. 2012). · cites it 19× “However, on May 28, 2010, the same day that Somerby filed its standard CON application, Somerby also applied for an emergency CON, see § 22-21-268, Ala. Code 1975, to convert 24 of its existing ALF beds in Shelby County to SCALF beds.”
Daniel Senior Living of Inverness I, LLC v. STV One Nineteen Senior Living, LLC, 161 So. 3d 196 (Ala. 2014). · cites it 7× “The process for filing an emergency-CON application is authorized by § 22-21-268, Ala.Code 1975, which provides: “Any person may apply, either independently and without notice under Section 22-21-267 [3] or as a part' of an application filed under Section 22-21-267, for an…”
Ex parte STV One Nineteen Senior Living, LLC, d/b/a Somerby at St. Vincent's One Nineteen. (Ala. 2014). · cites it 8× “The process for filing an emergency CON application is authorized by § 22-21-268, Ala. Code 1975, which provides: "Any person may apply, either independently and without notice under Section 22-21-267[3] or as a part of an application filed under Section 22-21-267, for an…”
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