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.