Code of Alabama

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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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22-21-41
Section 22-21-41 Duties of State Board of Health. When the State Board of Health receives submittals
of plans, drawings, and specifications for the construction, addition to, or alteration of
health care facilities for the purposes of review and approval, the State Board of Health
shall make reviews of submitted plans, drawings, and specifications and inspections or investigations
of the construction as it deems necessary. In addition, the State Board of Health shall make
a final inspection of the submitted project at the appropriate time. The State Board of Health
shall prescribe by rule the procedure for a licensee, applicant, or submitter to pay fees
required by this article and to submit plans, drawings, and specifications to the State Board
of Health for preliminary review or inspection and approval or recommendation with respect
to compliance with rules of the State Board of Health. In exchange for fees included in the
fee schedule provided herein, the State Board of Health shall...
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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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41-4-400
Section 41-4-400 Division created; powers and duties; director. (a) There shall be established
within the Department of Finance the Division of Construction Management. The division shall
have full power and authority for, and on behalf of, the State of Alabama to do any or all
of the following: (1) To acquire lands by purchase, condemnation, or otherwise. (2) To plan
for the construction, repair, remodeling, enlargement, renovation, furnishing, refurnishing,
improvement, or relocation of buildings, structures, and facilities for state departments,
boards, bureaus, commissions, agencies, and offices. (3) To set policies, procedures, and
guidelines for the design, construction, renovation, equipment, furnishing, maintenance, and
improvement of all property now owned or hereafter acquired by the state or any institution
or agency thereof. (4) To construct, repair, equip, remodel, enlarge, renovate, furnish, refurnish,
improve, and locate buildings, structures, and facilities for the use...
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22-52-92
Section 22-52-92 Applicability to counties. (a) This article shall not be applicable to any
county unless and until the judge of probate with the approval of the county commission of
that particular county makes a finding that there exists in the county provisions for implementation
of the community mental health officer program and the necessary facilities to detain persons
pursuant to this article. In that event, the judge of probate shall open a case under a docket
number and enter therein findings upon the records of the court which shall also expressly
state the intention thereby to invoke this article. Notification and a copy of the court's
findings and statement shall be served on all designated mental health facilities located
within the county, all law enforcement agencies within the county, the Commissioner of the
state Department of Mental Health, the state Attorney General, the Secretary of State, the
Governor of the State of Alabama, and any other persons deemed...
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16-25A-7
Section 16-25A-7 Authorization and execution of contracts; evidence of coverage; denial of
claims. (a) The board is hereby authorized to execute a contract or contracts to provide for
the benefits or the administration of the plan determined in accordance with the provisions
of this article. Such contract or contracts may be executed with one or more agencies or corporations
licensed to transact or administer group health insurance business in this state. All of the
benefits to be provided under this article may be included in one or more similar contracts
issued by the same or different companies. The board is further authorized to develop a plan
whereby it may become self-insured upon its finding that such arrangement would be financially
advantageous to the state and plan participants. (b) Before entering into any contract or
contracts authorized by subsection (a), the board shall invite competitive bids from all qualified
entities who may wish to administer or offer plans for the...
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22-13A-6
Section 22-13A-6 Interagency Council on Osteoporosis. (a) The department shall establish an
Interagency Council on Osteoporosis. The State Health Officer, or his or her designee, shall
chair the interagency council. The council shall have representatives from appropriate state
departments and agencies, including, but not limited to, the entities with responsibility
for aging, health care reform implementation, education, public welfare, and programs for
women. (b) The council shall be responsible for all of the following: (1) Coordinate osteoporosis
programs conducted by or through the department. (2) Establish a mechanism for sharing information
on osteoporosis among all officials and employees involved in carrying out osteoporosis-related
programs. (3) Review and coordinate the most promising areas of education, prevention, and
treatment concerning osteoporosis. (4) Assist the department and other offices in developing
and coordinating plans for education and health promotion on...
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22-27-5.2
Section 22-27-5.2 Solid waste landfill moratorium. (a)(1) Notwithstanding any provision of
law, until May 31, 2014, neither the department nor any state or local agency may grant any
new permits to a new public solid waste landfill facility which is intended to receive waste
not generated by the permittee. (2) The moratorium period is necessary in order to allow the
department and the Alabama Department of Public Health to review their duties and responsibilities
pursuant to the Solid Wastes and Recyclable Materials Management Act. As appropriate, following
this review, the department, with input from the Alabama Department of Public Health, shall
make recommendations for necessary legislation or undertake rulemaking to implement enhancement
identified during the review period. (3) For the purpose of evaluating solid waste landfill
management issues facing the state and to allow for the update of the state's comprehensive
solid waste management plan to identify and provide for the...
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21-3A-4
Section 21-3A-4 Composition; appointment and duties of members. (a) For the purposes of implementing
this chapter, the Governor shall appoint the Interagency Coordinating Council. The council
shall consist of not less than 15 members nor more than the number allowed by regulation.
(b) The Governor shall designate a member of the council to serve as the chair, or shall require
the council to designate a member to serve as the chair. (c) The council shall be composed
as follows: (1) At least 20 percent of the members shall be parents, including minority parents,
of infants and toddlers with disabilities or children with disabilities aged 12 or younger.
At least one member shall be a parent of an infant or toddler with a disability or a child
with a disability aged 6 or younger. (2) At least 20 percent of the members shall be public
or private providers of early intervention services. (3) One representative from the Alabama
Legislature. (4) One person involved in personnel preparation....
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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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