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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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36-29-21
Section 36-29-21 Definitions. When used in this article, the following terms shall have the
following meanings, unless the context clearly indicates otherwise: (1) BOARD. The Flexible
Employees Benefits Board. (2) EMPLOYEE. A person who is employed by the State of Alabama,
its agencies, departments, or for a county health department, and who receives his compensation
through means of a state warrant drawn upon the State Treasury, or by check drawn by the Alabama
State Port Authority, or from the treasury of the Department of Mental Health, other than
those employees covered by the federal Railroad Retirement Act. Further, for the purposes
of long-term care insurance, this definition covers any person employed by a local government
in the State of Alabama. (3) INTERNAL REVENUE CODE. The Internal Revenue Code of 1986, as
amended. (4) PARTICIPATING EMPLOYEE. An employee who elects to participate in the flexible
benefit plan and meets the requirements set forth in said plan. (5) SALARY...
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22-21-271
Section 22-21-271 Certificates of need - Application fees; appropriation of funds; disposition
of fees. (a) Each application for a certificate of need shall be accompanied by a fee of one
percent of the estimated cost of the proposed cost of the new Institutional Health Service,
or a maximum of twelve thousand dollars ($12,000) (indexed) per application. Provided, that
the application fee shall be three-fourths of one percent of the estimated cost of the proposed
new Institutional Health Service, or a maximum of eight thousand dollars ($8,000) if the applicant
has had an average daily census comprised of 50 percent or more Medicaid patients within the
last year prior to the filing of the application and a maximum of six thousand dollars ($6,000)
if a rural hospital applicant has had an average daily census comprised of 30 percent or more
Medicaid/Medicare patients within the last year prior to the filing of the application. The
minimum fee shall be set by the SHPDA. Fees shall be used...
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40-26B-21
Section 40-26B-21 Privilege assessment on nursing facilities. To provide further for the availability
of indigent health care, the operation of the Medicaid program, and the maintenance and expansion
of medical services: (a) There is levied and shall be collected a privilege assessment on
the business activities of every nursing facility in the State of Alabama. The privilege assessment
imposed is in addition to all other taxes and assessments, and shall be at the annual rate
of one thousand eight hundred ninety-nine dollars and ninety-six cents ($1,899.96) for each
bed in the nursing facility. Beginning September 1, 2020, the privilege assessment shall be
increased from one thousand eight hundred ninety-nine dollars and ninety-six cents ($1,899.96)
for each bed in the nursing facility, by an addition to the privilege assessment equal to
three hundred twenty-seven dollars and forty-eight cents ($327.48) per annum. The addition
to the privilege assessment shall be paid in equal monthly...
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40-26B-26
Section 40-26B-26 Reduction of revenues; reimbursement computations; quality incentive program.
THIS SECTION WAS AMENDED BY ACT 2020-147 IN THE 2020 REGULAR SESSION, EFFECTIVE MAY 18, 2020.
THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) No revenues resulting from the privilege assessment
established by this article and applied to increases in covered services or reimbursement
levels or other enhancements of the Medicaid program shall be subject to reduction or elimination
while the privilege assessment is in effect. (b) Every nursing facility participating in the
Medicaid program in the State of Alabama shall be reimbursed according to the reimbursement
methodology contained in Chapter 560-X-22 of the Alabama Medicaid Agency Administrative Code
(Supp. 12/31/95) on January 31, 1998, which methodology is incorporated by reference herein,
except that the following shall apply: (1) The ceiling for the operating cost center described
in Title 560-X-22-.06 (2)(a) of the Alabama Medicaid...
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26-1A-404
regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially
provided nutrition and hydration but only a. if specifically authorized to do so in the durable
power of attorney, b. if the substantive provisions of the durable power of attorney are in
substantial compliance and if the durable power of attorney is executed and accepted in substantially
the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal
illness or injury or permanent unconsciousness, if the authority is implemented in
the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed
prior to January 1, 2012, shall be effective to the extent specifically provided therein notwithstanding
the provisions of this subsection. The decisions made by the attorney in fact shall be implemented
in accordance with the same procedures set forth in the Alabama Natural Death Act for health
care proxies. (3) Any authority...
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9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not exceed
$5,000.00 for each violation. Each day of continuing violation may be deemed a separate violation
for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
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22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling agency,
public or private, elected, appointed, or volunteer utilizing methods approved by the health
department or the department for the purpose of controlling and supervising the collection
or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material other
than earth used to cover a landfill or sanitary landfill. An alternative cover shall be approved
by the Department of Environmental Management in compliance with federal law and United States
Environmental Protection Agency rules or guidance to achieve a level of performance equal
to or greater than earthen cover material. (3) ASHES. The solid residue from burning of wood,
coal, coke, or other combustible material used for heating, from incineration of solid wastes,
or for the production of electricity at electric generating...
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22-27-10
Section 22-27-10 Control of unauthorized dumping; open burning; construction with other rights
and remedies. (a) Solid waste shall be collected, transported, disposed, managed, or any combination
thereof, according to the requirements of this article, and the rules of the department or
the health department, as authorized by this article, and if disposed of in this state, shall
be disposed in a permitted landfill or permitted incineration, or reduced in volume through
composting, materials recovery, or other existing or future means approved by and according
to the requirements of the department, under authorities granted by this article. (b) The
creation, contribution to, or operation of an unauthorized dump is declared to be a public
nuisance per se, a menace to public health, and a violation of this article. In addition to
other remedies which are available, an unauthorized dump may be enjoined through an action
in the circuit court having jurisdiction over the property in which the...
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27-54A-2
Section 27-54A-2 Treatment under certain policies and contracts. (a) As used in this section,
the following words have the following meanings: (1) APPLIED BEHAVIOR ANALYSIS. The design,
implementation, and evaluation of environmental modifications, using behavioral stimuli and
consequences, to produce socially significant improvement in human behavior, including the
use of direct observation, measurement, and functional analysis of the relationship between
environment and behavior. (2) AUTISM SPECTRUM DISORDER. Any of the pervasive developmental
disorders or autism spectrum disorders as defined by the most recent edition of the Diagnostic
and Statistical Manual of Mental Disorders (DSM) or the edition that was in effect at the
time of diagnosis. (3) BEHAVIORAL HEALTH TREATMENT. Counseling and treatment programs, including
applied behavior analysis that are both of the following: a. Necessary to develop, maintain,
or restore, to the maximum extent practicable, the functioning of an...
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