Ala. Code
Code of Alabama

Ala. Code § 22-21-274 (2026)

Adoption and Public Notice of Review Procedures and Criteria.

✓ official Alabama Legislature (ALISON) text, current July 2026
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The SHPDA, with the advice and consultation of the Statewide Health Coordinating Council, shall prescribe by rules and regulations the review criteria and review procedures required by this article. Said review criteria and review procedures shall be consistent with this article and with appropriate federal regulations. Prior to the adoption of rules and regulations, the SHPDA shall give wide publicity to the proposed rules and regulations and shall conduct a public hearing following legal notice of not less than 30 days. The public hearing shall be held in the City of Montgomery, Alabama. Prior to advertising the public hearing, the SHPDA shall submit the proposed rules and regulations to the Statewide Health Coordinating Council and other interested agencies. Future revisions of the rules and regulations shall be made as required in this section for the original rules and regulations and in accordance with the Administrative Procedure Act (§ 41-22-1 et seq.).

(Acts 1977, 1st Ex. Sess., No. 82, p. 1509, §13; Acts 1979, No. 79-577, p. 1033, §3; Acts 1982, 2nd Ex. Sess., No. 82-770, p. 249, §12; Act 98-341, p. 597, §1.)

Notes of Decisions
Cited in 7 cases, 1991–2015 · leading case: Ace Home Health Care, LLC v. Gentiva Health Servs. Inc., 162 So. 3d 931 (Ala. Civ. App. 2014).
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Ace Home Health Care, LLC v. Gentiva Health Servs. Inc., 162 So. 3d 931 (Ala. Civ. App. 2014). · cites it 2× “SHPDA is, pursuant to Ala. Code 1975, §§ 22-21-274 and 22-21-275, the sole administrative agency with power over review criteria and review procedures set forth in the health-planning article, and the members of the CONRB, in reviewing CON applications, act as the voice of SHPDA.”
Prime Lithotripter Oper. v. Lithomedtech of Alabama, LLC, 855 So. 2d 1085 (Ala. Civ. App. 2001). “" § 22-21-274. In 1990, SHCC adopted CON Rule 410-2-3-.”
Affinity Hosp., LLC v. Brookwood Health Servs. Inc., 143 So. 3d 208 (Ala. Civ. App. 2013). ““The SHPDA, pursuant to the provisions of Section 22-21-274, shall prescribe by rules and regulations the criteria and clarifying definitions for reviews covered by this article.”
HealthSouth of Alabama, LLC v. Shelby Ridge Acquisition Corp., 207 So. 3d 14 (Ala. Civ. App. 2015). “Code 1975, requires SHPDA to evaluate: “The SHPDA, pursuant to the provisions of Section 22-21-274, shall prescribe by rules and regulations the criteria and clarifying definitions for reviews covered by this article.”
Alacare Home Health Servs., Inc. v. Alabama State Health Plan. & Dev. Agency, 27 So. 3d 1267 (Ala. Civ. App. 2009). “Pursuant to § 22-21-274(14), Ala. Code 1975, the FHO’s decision became SHPDA’s final decision.”
Auburn Med. Ctr., Inc. v. East Alabama Health Care Auth., 583 So. 2d 1346 (Ala. 1991). · cites it 2× “) Section 22-21-275(14) provides, in part: “ ‘The SHPDA, pursuant to the provisions of § 22-21-274, shall prescribe by rules and regulations the procedures for review of applications for certificates of need and for issuance of certificates of need.”
Hometown Home Health Care of Shelby Cnty., LLC v. State Health Plan. & Dev. Agency, 190 So. 3d 44 (Ala. Civ. App. 2015). “In pertinent part, § 22-21-264 provides: "The SHPDA, pursuant to the provisions of Section 22-21-274, [Ala.Code 1975,] shall prescribe by rules and regulations the criteria and clarifying definitions for reviews covered by this article.”
— Ala. Code § 22-21-274(14) — 2 cases
Alacare Home Health Servs., Inc. v. Alabama State Health Plan. & Dev. Agency, 27 So. 3d 1267 (Ala. Civ. App. 2009). “Pursuant to § 22-21-274(14), Ala. Code 1975, the FHO’s decision became SHPDA’s final decision.”
Auburn Med. Ctr., Inc. v. East Alabama Health Care Auth., 583 So. 2d 1346 (Ala. 1991). “) Section 22-21-275(14) provides, in part: “ ‘The SHPDA, pursuant to the provisions of § 22-21-274, shall prescribe by rules and regulations the procedures for review of applications for certificates of need and for issuance of certificates of need.”
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