§ 20-8-103 - Health Services Permit Commission -- Powers and duties.
               	 		
20-8-103.    Health Services Permit Commission -- Powers and duties.
    (a)  The  Health Services Permit Commission shall evaluate the availability and  adequacy of health facilities and health services as they relate to  long-term care facilities and home health care service agencies in this  state.
(b)  The commission shall  designate those locales or areas of the state in which, due to the  requirements of the population or the geography of the area, the health  service needs of the population are underserved.
(c)  The  commission may specify, within locales or areas, categories of health  services which are underserved and overserved due to the composition or  requirements of the population or the geography of the area.
(d)  The  commission shall develop policies and adopt criteria, including time  limitations, to be utilized by the Health Services Permit Agency in the  review of applications and the issuing of permits of approval for a  long-term care facility or a home health care service agency as provided  in this subchapter.
(e)  The  commission may define certain underserved locales or areas or categories  of services within underserved locales or areas to be exempt for  specified periods of time from the permit of approval requirement.
(f)  The commission may set application fees for permit of approval applications to be charged and collected by the agency.
(g)    (1)  Upon  appeal by the applicant or an interested party, the commission shall  conduct hearings on decisions by the agency within ninety (90) days of  the agency decision. The commission shall render its final decision  within fifteen (15) days of the close of the hearing. Failure of the  commission to take final action within these time periods shall be  considered a ratification of the agency decision and shall constitute  the final decision of the commission from which an appeal to circuit  court may be filed.
      (2)  Neither a  competitor of a successful applicant for a permit of approval nor any  other party shall have the right to appeal the commission's decision to  grant a permit of approval.