Code of Alabama

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22-4-37
Section 22-4-37 Penalties for noncompliance. SHPDA shall impose an administrative penalty against
a covered health care reporter that fails to comply with this article in an amount not to
exceed five thousand dollars ($5,000) if the covered health care reporter is a rural health
care provider or ten thousand dollars ($10,000) for all covered health care reporters and
the covered health care reporter may not participate in the Certificate of Need review process
either as an applicant for a Certificate of Need or in opposition to a Certificate of Need
application until the covered health care reporter is in compliance with this article. By
June 11, 2016, SHPDA, following advice and guidance from the Health Care Information and Data
Council, shall adopt rules pursuant to the Administrative Procedure Act necessary to implement
this section. (Act 2015-471, §8.)...
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22-4-33
Section 22-4-33 Health Care Information and Data Advisory Council. (a) There is established
the Health Care Information and Data Advisory Council to give advice and guidance to SHPDA
in adopting rules necessary to implement this article, to review and serve as consultants
to SHPDA on matters related to any reports or publications prior to a report or publication
release, and to serve as consultants to SHPDA on matters relating to the protection, collection,
and dissemination of health care reports. (b) The council shall consist of the following members:
(1) Two members appointed by the Alabama Hospital Association. (2) Two members appointed by
the Alabama Nursing Home Association. (3) One member appointed by the Assisted Living Association
of Alabama. (4) Two members appointed by the Alabama Hospice and Palliative Care Association.
(5) One member appointed by the Home Care Association of Alabama. (6) One member appointed
by the Chair of the SHCC. (7) Two members appointed by the...
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22-4-35
Section 22-4-35 Submission of reports. (a) A covered health care reporter shall submit the
required reports directly to SHPDA. The reports may be submitted electronically after SHPDA
has the capability to accept the reports in an electronic format. SHPDA shall provide for
the acceptance of the electronic filing of the mandatory reports within six months of the
effective date of rules adopted to carry out this article. (b) If SHPDA is unable to electronically
accept the mandatory reports within 12 months of adoption of the rules necessary to carry
out this article, this article shall be null and void. (Act 2015-471, §6.)...
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22-11A-115
Section 22-11A-115 Submission of first report. Within one year of the certification by the
department, health care facilities shall make the first report due under this article. The
board shall specify by rule the types of information on patients with health care facility
acquired infections which shall be submitted and the method of submission. The first report
due under this article submitted by health care facilities shall only be required to cover
those persons provided services during the immediately preceding three months' time period.
(Act 2009-490, p. 900, §6.)...
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22-11A-68
Section 22-11A-68 Immunity from liability for those involved in investigation. (a) Members
and staff of the State Board of Health, the State Committee of Public Health, the Board of
Medical Examiners, the Medical Licensure Commission, the Board of Nursing, the Board of Dental
Examiners, the Board of Podiatry, physicians, hospitals, other health care facilities, and
other entities and persons required to report or furnish information under this article and
any expert review panels, consultants to any expert review panel, and agents and employees
of the Alabama Department of Public Health shall not be subject to civil or criminal liability
for making reports or furnishing any information required by this article or for actions taken
or actions not taken in the line and scope of official or required duties during their investigations,
hearings, rulings, and decisions. (b) All information collected during the investigation of
an infected health care worker is privileged and shall be...
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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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22-11A-2
Section 22-11A-2 Persons responsible to report diseases; contents of report; confidential information;
person making report immune from liability. Each physician, dentist, nurse, medical examiner,
hospital administrator, nursing home administrator, laboratory director, school principal,
and day care center director shall be responsible to report cases or suspected cases of notifiable
diseases and health conditions. The report shall contain such information, and be delivered
in such a manner, as may be provided for from time to time by the rules of the State Board
of Health. All medical and statistical information and reports required by this article shall
be confidential and shall not be subject to the inspection, subpoena, or admission into evidence
in any court, except proceedings brought under this article to compel the examination, testing,
commitment or quarantine of any person or upon the written consent of the patient, or if the
patient is a minor, his parent or legal guardian....
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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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22-21-263
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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11-91A-3
Section 11-91A-3 Employee, retiree, and dependent coverage; premiums; summary documents. (a)
All full-time employees, elected officials, and retirees of employer participants who are
eligible for health care benefits for themselves or their dependents under the provisions
of the program shall be entitled to coverage and benefits as designated by the board. (b)
Each employee and retiree shall be entitled to have his or her spouse and dependent children,
as those persons are defined by the board, included in the coverage under rules and regulations
promulgated by the board upon agreeing to pay the employee's contribution of the health care
premium for the dependents. The board shall adopt rules and regulations governing the discontinuance
and resumption of coverage for dependents by the employees and retirees. The board shall adopt
rules governing the discontinuance and resumption of coverage for dependents by the employees
and retirees. (c) The board shall establish premiums required...
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