Code of Alabama

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22-21-265
Section 22-21-265 Certificates of need - Required for new institutional health service. (a)
On or after July 30, 1979, no person to which this article applies shall acquire, construct,
or operate a new institutional health service, as defined in this article, or furnish or offer,
or purport to furnish a new institutional health service, as defined in this article, or make
an arrangement or commitment for financing the offering of a new institutional health service,
unless the person shall first obtain from the SHPDA a certificate of need therefor. Notwithstanding
any provisions of this article to the contrary, those facilities and distinct units operated
by the Department of Mental Health, and those facilities and distinct units operating under
contract or subcontract with the Department of Mental Health where the contract constitutes
the primary source of income to the facility, shall not be required to obtain a certificate
of need under this article. (b) Notwithstanding all other...
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22-21-260
Section 22-21-260 Definitions. As used in this article, the following words and terms, and
the plurals thereof, shall have the meanings ascribed to them in this section, unless otherwise
required by their respective context: (1) ACQUISITION. Obtaining the legal equitable title
to a freehold or leasehold estate or otherwise obtaining the substantial benefit of such titles
or estates, whether by purchase, lease, loan or suffrage, gift, devise, legacy, settlement
of a trust or means whatever, and shall include any act of acquisition. The term "acquisition"
shall not mean or include any conveyance, or creation of any lien or security interest by
mortgage, deed of trust, security agreement, or similar financing instrument, nor shall it
mean or include any transfer of title or rights as a result of the foreclosure, or conveyance
or transfer in lieu of the foreclosure, of any such mortgage, deed of trust, security agreement,
or similar financing instrument, nor shall it mean or include any...
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22-21-263
Section 22-21-263 New institutional health services subject to review. (a) All new institutional
health services which are subject to this article and which are proposed to be offered or
developed within the state shall be subject to review under this article. No institutional
health services which are subject to this article shall be permitted which are inconsistent
with the State Health Plan. For the purposes of this article, new institutional health services
shall include any of the following: (1) The construction, development, acquisition through
lease or purchase, or other establishment of a new health care facility or health maintenance
organization. A transaction involving the sale, lease, or other transfer or change of control
of an existing health care facility, existing health maintenance organization, or existing
institutional health service is not subject to certificate of need review or approval under
this article unless the transaction also involves implementing one or...
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22-4-32
Section 22-4-32 Definitions. For purposes of this article, the following terms shall have the
following meanings: (1) CERTIFICATE OF NEED REVIEW BOARD. The board which reviews all certificate
of need applications as provided in Section 22-21-260(14). (2) COVERED HEALTH CARE REPORTER.
The term includes health care facilities as that term is defined in Section 22-21-260(6);
new institutional health services subject to review as defined in Section 22-21-263; a facility
or institution for the care or treatment of any kind of mental or emotional illness or substance
abuse or for providing services to persons with intellectual disabilities as defined in Section
22-50-17; and facilities and distinct units as defined in Section 22-21-263(c). (3) HEALTH
CARE REPORTS. The written reports to SHPDA which are required to be submitted by this article.
(4) HEALTH CARE INFORMATION AND DATA ADVISORY COUNCIL. The body created by this article which
is charged with advising and participating in the...
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22-21-264
Section 22-21-264 Criteria for state agency review. The SHPDA, pursuant to the provisions of
Section 22-21-274, shall prescribe by rules and regulations the criteria and clarifying definitions
for reviews covered by this article. These criteria shall include at least the following:
(1) Consistency with the appropriate State Health Facility and services plans effective at
the time the application was received by the State Agency, which shall include the latest
approved revisions of the following plans: a. The most recent Alabama State Health Plan which
shall include updated inventories and separate bed need methodologies for inpatient rehabilitation
beds, inpatient psychiatric beds and inpatient/residential alcohol and drug abuse beds. b.
Alabama State Health Plan for services to the mentally ill. c. Alabama State Plan for rehabilitation
facilities. d. Alabama developmental disabilities plan. e. Alabama State alcoholism plan.
f. Such other State Plans as may from time to time be...
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22-21-265.3
Section 22-21-265.3 Certificates of need - All-digital, automated hospital exempt from review
process. The Legislature finds and determines that the well-being and health of the citizens
of the State of Alabama will be enhanced by the development and growth of a state of the art
digital, automated hospital using the latest technological advances in healthcare to lower
healthcare costs, reduce human errors, and provide patients with the best medical care available,
and that it is in the best interest of the state to induce the location of one all-digital,
automated hospital, meeting the requirements of a digital hospital as provided in subsection
(f) of Section 22-21-265, in a county in which is located an accredited medical school and
teaching facility and not less than 3,000 licensed general hospital beds, in order to set
new standards for quality, efficiency, and cost-effective delivery of healthcare services,
and to promote these purposes by exempting from the certificate of need...
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40-26B-70
Section 40-26B-70 Definitions. For purposes of this article, the following terms shall have
the following meanings: (1) ACCESS PAYMENT. A payment by the Medicaid program to an eligible
hospital for inpatient or outpatient hospital care, or both, provided to a Medicaid recipient.
(2) ALL PATIENT REFINED DIAGNOSIS-RELATED GROUP (APR-DRG). A statistical system of classifying
any non-Medicare inpatient stay into groups for the purposes of payment. (3) ALTERNATE CARE
PROVIDER. A contractor, other than a regional care organization, that agrees to provide a
comprehensive package of Medicaid benefits to Medicaid beneficiaries in a defined region of
the state pursuant to a risk contract. (4) CERTIFIED PUBLIC EXPENDITURE (CPE). A certification
in writing of the cost of providing medical care to Medicaid beneficiaries by publicly owned
hospitals and hospitals owned by a state agency or a state university plus the amount of uncompensated
care provided by publicly owned hospitals and hospitals...
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34-29-61
VETERINARIAN. A person who is validly and currently licensed to practice veterinary medicine
in Alabama. (13) LICENSED VETERINARY TECHNICIAN. A person who is validly and currently licensed
to practice as a veterinary technician in Alabama. (14) PERSON. Any individual, firm, partnership,
association, joint venture, cooperative, or corporation or any other group or combination
acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver,
or as any kind of legal or personal representative, or as the successor in interest,
assigning agent, factor, servant, employee, director, officer, or any other representative
of such person. (15) PRACTICE OF VETERINARY MEDICINE: a. To diagnose, treat, correct, change,
relieve, or prevent animal disease, deformity, defect, injury, or other physical or
mental condition; including the prescription or administration of any drug, medicine, biologic,
apparatus, application, anesthesia, or other therapeutic or diagnostic...
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31-9-40
the exchange of medical, fire, police, reconnaissance, welfare, transportation and communications
personnel, and equipment and supplies. Article VIII - Compensation. Each party shall provide
for the payment of compensation and death benefits to injured members of the emergency forces
of that state and representatives of deceased members of the forces in case members sustain
injuries or are killed while rendering aid pursuant to this compact, in the same manner and
on the same terms as if the injury or death were sustained within their own state.
Article IX - Reimbursement. Any party state rendering aid in another state pursuant to this
compact shall be reimbursed by the party state receiving the aid for any loss or damage to
or expense incurred in the operation of any equipment and the provision of any service in
answering a request for aid and for the costs incurred in connection with such requests. Any
aiding party state may assume in whole or in part loss, damage, expense, or other...
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38-9-6
arrangement where appropriate. (e) Any record of the department or other agency pertaining
to such a person shall not be open for public inspection. Information in a record shall not
be disclosed publicly in such a manner as to identify individuals, but may be made available
on application for cause to persons approved by the commissioner of the department or by the
court. (f) Placement may be made in an appropriate alternative living arrangement such as
a licensed nursing home, licensed personal care facility, or approved foster care home.
No person shall be committed to a mental health facility under this chapter. A court may enter
orders granting the department additional time to locate an appropriate licensed facility
in which to place a person living in an unlicensed facility. (g) If the person is eligible
for the adult services program of the department, usual department policies shall be followed
in regard to fees or payments, or both. If the person's income or resources, or...
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