6-5-548
Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider;
no evidence admitted of medical liability insurance. (a) In any action for injury or damages
or wrongful death, whether in contract or in tort, against a health care provider for breach
of the standard of care, the plaintiff shall have the burden of proving by substantial evidence
that the health care provider failed to exercise such reasonable care, skill, and diligence
as other similarly situated health care providers in the same general line of practice ordinarily
have and exercise in a like case. (b) Notwithstanding any provision of the Alabama Rules of
Evidence to the contrary, if the health care provider whose breach of the standard of care
is claimed to have created the cause of action is not certified by an appropriate American
board as being a specialist, is not trained and experienced in a medical specialty, or does
not hold himself or herself out as a specialist, a "similarly...
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22-19-180
Section 22-19-180 Effect of anatomical gift on advance health care directive. (a) In this section:
(1) "Advance health care directive" means a power of attorney for health care or
a record signed or authorized by a prospective donor containing the prospective donor's direction
concerning a health care decision for the prospective donor. (2) "Declaration" means
a record signed by a prospective donor specifying the circumstances under which a life support
system may be withheld or withdrawn from the prospective donor. (3) "Health care decision"
means any decision regarding the health care of the prospective donor. (b) If a prospective
donor has a declaration or advance health care directive, and the terms of the declaration
or directive and the express or implied terms of a potential anatomical gift are in conflict
with regard to the administration of measures necessary to ensure the medical suitability
of a part for transplantation or therapy the prospective donor's attending physician...
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27-1-19
Section 27-1-19 Reimbursement of health care providers. (a) The insured, or health or dental
plan beneficiary may assign reimbursement for health or dental care services directly to the
provider of services. Health benefits include medical, pharmacy, podiatric, chiropractic,
optometric, durable medical equipment, and home care services. The company or agency, when
authorized by the insured, or health or dental plan beneficiary, shall pay directly to the
health care provider the amount of the claim, under the same criteria and payment schedule
that would have been reimbursed directly to the contract provider, and any applicable interest.
This amount only applies to assigned claims. Any company or agency making a payment to the
insured, or health or dental plan beneficiary, after the rights of reimbursement have been
assigned to the provider of services, shall be liable to the provider for the payment. If
the company or agency fails to reimburse the provider in accordance with the terms...
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27-21A-7
Section 27-21A-7 Evidence of coverage and charges for health care services. (a)(1) Every enrollee
residing in this state is entitled to an evidence of coverage. If the enrollee obtains such
coverage through an insurance policy or a contract issued by a health care service plan, the
insurer or the health care service plan shall issue the evidence of coverage. Otherwise, the
health maintenance organization shall issue the evidence of coverage. (2) No evidence of coverage,
or amendment thereto, shall be issued or delivered to any person in this state until a copy
of the basic form of the evidence of coverage, or amendment thereto, has been filed with the
commissioner and the State Health Officer, and approved by the commissioner. (3) An evidence
of coverage shall contain: a. No provisions or statements which encourage misrepresentation,
or which are untrue, misleading, or deceptive as defined in subsection (a) of Section 27-21A-13;
and b. A clear and concise statement, if a contract, or a...
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38-7B-1
Section 38-7B-1 Evacuation plan. (a) A licensed day care center shall have a written plan for
evacuation in the event of fire, natural disaster, or other threatening situation that may
pose a health or safety hazard to the children in the center. The plan shall include, but
not be limited to, all of the following: (1) A designated relocation site and evacuation route.
(2) Procedures for notifying parents of the relocation and ensuring family reunification.
(3) Procedures to address the needs of individual children including children with special
needs. (4) Instructions relating to the training of staff or the reassignment of staff duties,
as appropriate. (5) Coordination with local emergency management officials. (6) A program
to ensure that appropriate staff are familiar with the components of the plan for evacuation.
(b) A licensed day care center shall update the plan for evacuation by December 31 of each
year. (c) A licensed day care center shall retain an updated copy of the plan...
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7-9A-408
Section 7-9A-408 Restrictions on assignment of promissory notes, health-care-insurance receivables,
and certain general intangibles ineffective. (a) Term restricting assignment generally ineffective.
Except as otherwise provided in subsection (b), a term in a promissory note or in an agreement
between an account debtor and a debtor which relates to a health-care-insurance receivable
or a general intangible, including a contract, permit, license, or franchise, and which term
prohibits, restricts, or requires the consent of the person obligated on the promissory note
or the account debtor to, the assignment or transfer of, or creation, attachment, or perfection
of a security interest in, the promissory note, health-care-insurance receivable, or general
intangible, is ineffective to the extent that the term: (1) would impair the creation, attachment,
or perfection of a security interest; or (2) provides that the assignment or transfer or the
creation, attachment, or perfection of the...
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22-11A-22
Section 22-11A-22 Medical records of persons infected with sexually transmitted diseases confidential;
penalty for release. All information, reports and medical records concerning persons infected
with sexually transmitted diseases designated by the State Board of Health shall be confidential
and shall not be subject to public inspection or admission into evidence in any court except
commitment proceedings brought under this article. Individual medical records may be released
on the written consent of the patient. Anyone violating the provisions of this section shall
be guilty of a Class C misdemeanor. (Acts 1987, No. 87-574, p. 904, §22.)...
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22-21-9
Section 22-21-9 Name tags, etc., required for nurses. (a) Each health care provider and facility
in Alabama which employs or contracts for the employment of one or more registered nurses
shall require each registered nurse to wear a name tag, badge, or pin with the letters "R.N."
printed on the name tag, badge, or pin while the nurse is providing direct patient care. (b)
Each health care provider and facility in Alabama which employs or contracts for the employment
of one or more licensed practical nurses shall require each licensed practical nurse to wear
a name tag, badge, or pin with the letters "L.P.N." printed on the name tag, badge,
or pin while the nurse is providing direct patient care. (c) A health care provider or facility
may suspend the requirements in subsections (a) and (b) above for legitimate health care purposes,
such as for employees who work in departments where metal adornments cannot safely be worn.
(d) No health care provider or facility may allow employees not...
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22-4-36
Section 22-4-36 Limits on information requested. The SHPDA may not request any information
from a health care reporter that requires the submission of proprietary or confidential matters,
such as negotiated discounts with specific insurers, health service corporations, or health
benefit plans. The SHPDA may not require any reporting that could be used to identify a patient
of a covered health care reporter. (Act 2015-471, §7.)...
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22-4-39
Section 22-4-39 Use of information. (a) SHPDA shall utilize the data and information received
from covered health care reporters for the benefit of the public and public officials. The
data and information obtained by SHPDA pursuant to this article, including a summary, shall
be reported to the SHCC and the Certificate of Need Review Board at least annually. (b) SHPDA
shall follow the advice and guidance of the Health Care Information and Data Council as to
what reports, publications, or studies may be compiled using the data required to be collected
in this article. (c) All approved reports, publications, or studies prepared by SHPDA shall
be public records and shall be made available to the public for a reasonable fee. (d) Covered
health care reports from individual providers shall continue to be available to the public
and the SHPDA may charge a reasonable fee for copies of these reports. (Act 2015-471, §10.)...

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