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Noland Health Services works to relocate a long term acute care hospital

Noland Health Services, Inc. (Noland) in its effort to relocate a long term acute care hospital (LTACH) to the campus of St. Vincent’s Hospital in the central medical district in Birmingham, Alabama, which required a Certificate of Need (CON) from the State Health Planning and Development Agency (SHPDA). The LTACH will consist of 52 beds that are dedicated to caring for patients in need of long-term acute care. St. Vincent’s, like most general hospitals, is not designed to care for patients needing weeks and months of extended care, so the LTACH will provide an immense benefit to the continuum of care of the campus of St. Vincent’s. The only other provider of LTACH services in the city intervened and asked SHPDA to deny the CON. SHPDA thus convened an administrative hearing.

Waller represented Noland Health Services in these efforts. At the administrative hearing, the Waller team presented evidence and argument over the course of four days. The administrative law judge issued a recommendation that the CON be granted, and the CON Review Board adopted that recommendation and issued a Final Order on September 5, 2019, setting out the reasons for granting the CON. Waller successfully defended the administrative decision at the Alabama Court of Civil of Appeals, which issued a detailed opinion affirming the Agency’s decision in August 2020.

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