25-5-1
Section 25-5-1 Definitions. Throughout this chapter, the following words and phrases as used therein shall be considered to have the following meanings, respectively, unless the context shall clearly indicate a different meaning in the connection used: (1) COMPENSATION. The money benefits to be paid on account of injury or death, as provided in Articles 3 and 4. The recovery which an employee may receive by action at law under Article 2 of this chapter is termed "recovery of civil damages," as provided for in Sections 25-5-31 and 25-5-34. "Compensation" does not include medical and surgical treatment and attention, medicine, medical and surgical supplies, and crutches and apparatus furnished an employee on account of an injury. (2) CHILD or CHILDREN. The terms include posthumous children and all other children entitled by law to inherit as children of the deceased; stepchildren who were members of the family of the deceased, at the time of the accident, and were dependent upon him or...
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22-4-42
Section 22-4-42 Limitations on use of information. The information collected pursuant to this article shall be used to assist the SHPDA, the Certificate of Need Review Board, and the SHCC to provide health planning and development services for the citizens of Alabama. The information generated by these reports may not be used by SHPDA or any other agency or unit of state government for any other purpose. (Act 2015-471, ยง13.)...
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22-4-31
Section 22-4-31 Legislative findings. The Legislature does hereby set out the following findings and reasons for passage of this article. Alabama has adopted a system of health planning and development administered by the State Health Planning and Development Agency (SHPDA). In addition, the Statewide Health Coordinating Council (SHCC) is charged with reviewing Alabama's health planning needs and writing the State Health Plan to assist the Certificate of Need Review Board. The Certificate of Need Review Board is responsible for reviewing and approving certificate of need applications in Alabama. There is no current systematic way for the SHPDA, SHCC, or the Certificate of Need Review Board to collect all the health care services information necessary for proper health care planning in Alabama, because reporting to SHPDA is voluntary. The Legislature hereby finds and determines that collection of additional health care information is necessary for informed statewide health planning. The...
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27-21A-3
Section 27-21A-3 Issuance of certificate of authority. (a)(1) Upon receipt of an application for issuance of a certificate of authority, the commissioner shall forthwith transmit copies of such application and accompanying documents to the State Health Officer. (2) The State Health Officer shall determine whether the applicant for a certificate of authority, with respect to health care services to be furnished: a. Has demonstrated the willingness and potential ability to assure that such health care services will be provided in a manner to assure both availability and accessibility of adequate personnel and facilities and in a manner enhancing availability, accessibility, and continuity of service; b. Has arrangements, established in accordance with the regulations promulgated by the State Health Officer, for an on-going quality assurance program concerning health care processes and outcomes; and c. Has a procedure, established in accordance with regulations of the State Health...
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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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27-1-17
Section 27-1-17 Limitation periods for payment of claims; overdue claims; retroactive denials, adjustments, etc.; penalties. (a) Each insurer, health service corporation, and health benefit plan that issues or renews any policy of accident or health insurance providing benefits for medical or hospital expenses for its insured persons shall pay for services rendered by Alabama health care providers within 45 calendar days upon receipt of a clean written claim or 30 calendar days upon receipt of a clean electronic claim. If the insurer, health service corporation, or health benefit plan is denying or pending the claim, the insurer, health service corporation, or health benefit plan shall, within 45 calendar days for a written claim and 30 calendar days for an electronic claim, notify the health care provider or certificate holder of the reason for denying or pending the claim and what, if any, additional information is required to process the claim. Any undisputed portion of the claim...
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22-21-276
Section 22-21-276 Injunctive relief; issuance of license for inpatient beds or facilities in violation of article prohibited; facilities in violation of article not to receive reimbursement for services. (a) Injunctive relief against violations of this article or any reasonable rules and regulations of the SHPDA may be obtained from the Circuit Court of Montgomery County, Alabama, at the instance of the SHPDA, any holder of a certificate of need that is adversely affected in the exercise of privileges thereunder by such violation or any member of the public directly and adversely affected by such violation. Upon written request by the SHPDA, it shall be the duty of the Attorney General of the State of Alabama to furnish such legal services as may be appropriate and to prosecute such action for injunctive relief to an appropriate conclusion. (b) The State Board of Health shall not issue a license to operate new inpatient beds or any health care facility constructed, or acquired in...
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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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11-95-7
Section 11-95-7 Powers of corporation. In addition to all other powers granted elsewhere in this chapter, a corporation shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate name for the duration of time (which may be perpetuity, subject to the provisions of Section 11-95-19) specified in its certificate of incorporation; (2) To sue and be sued in its own name in civil suits and actions, and to defend suits against it; (3) To adopt and make use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws for the regulation and conduct of its affairs and business; (5) To acquire, construct, equip, enlarge, improve, maintain, and operate hospital facilities in the authorizing county and to do all things necessary to that end; (6) To receive, acquire, take and hold, whether by purchase, gift, lease, devise, or otherwise, real and personal property...
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22-21-270
Section 22-21-270 Certificates of need - Period for which valid; extension of time; termination; transferability. (a) A certificate of need issued under subsection (a) of Section 22-21-265 and Section 22-21-268 shall be valid for a period not to exceed 12 months and may be subject to one extension not to exceed 12 months, provided the criteria for extension as set forth in the rules and regulations of the SHPDA are met. Applications for an extension filed under this section shall be accompanied by a filing fee to be established by rule, not to exceed 25 percent of the original CON application fee. If no obligation has occurred within such period, the certificate of need shall be considered terminated and shall be null and void. Should the obligation be incurred within such valid period, the certificate of need shall be continued in effect for a period not to exceed one year or the completion of the construction project, whichever shall be later, or the inauguration of the service or...
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