Supreme Court of Alabama

Noland Health Services, Inc., and Long Term Hospital of Huntsville, LLC v. State Health Planning and Development Agency

March 5, 20102010 Ala. LEXIS 28

Summary

The court held that the certificate-of-need applications were denied by operation of law when SHPDA failed to decide them within the statutory review period. The 30-day period for seeking judicial review began when that denial became final, not when the circuit court later entered an order confirming the denial. The court affirmed the denial-by-operation-of-law ruling, reversed the circuit court’s ruling concerning the appeal deadline, and remanded.