Code of Alabama

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22-21-271.1
Section 22-21-271.1 Certificates of need - Fee increases. (a) Any law to the contrary notwithstanding,
the staff agency of the State Health Planning and Development Agency or its executive director
may not increase or set any fees otherwise authorized relating to the certificate of need
process pursuant to this article. (b) Any fee increase by the staff agency of the State Health
Planning and Development Agency or its executive director adopted after January 1, 1998, is
rescinded and shall not be operative unless readopted in accordance with this section. (c)
Any fee increase related to the certificate of need process of the State Health Planning and
Development Agency shall be adopted as a rule pursuant to the Alabama Administrative Procedure
Act, Chapter 22 of Title 41. (d)(1) For the purpose of this section, the term "State
Health Planning and Development Agency" means the CON review board which is defined as
the State Health Planning and Development Agency (SHPDA) in subdivision...
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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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27-60-2
Section 27-60-2 Interstate Insurance Product Regulation Compact. The State of Alabama hereby
agrees to the following interstate compact known as the Interstate Insurance Product Regulation
Compact: ARTICLE I. PURPOSES. The purposes of this compact are, through means of joint and
cooperative action among the compacting states: 1. To promote and protect the interest of
consumers of individual and group annuity, life insurance, disability income, and long-term
care insurance products; 2. To develop uniform standards for insurance products covered under
the compact; 3. To establish a central clearinghouse to receive and provide prompt review
of insurance products covered under the compact and, in certain cases, advertisements related
thereto, submitted by insurers authorized to do business in one or more compacting states;
4. To give appropriate regulatory approval to those product filings and advertisements satisfying
the applicable uniform standard; 5. To improve coordination of...
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22-21-275
Section 22-21-275 Procedures for review of applications for certificates of need. The SHPDA,
pursuant to the provisions of Section 22-21-274, shall prescribe by rules and regulations
the procedures for review of applications for certificates of need and for issuance of certificates
of need. Rules and regulations governing review procedures shall include, but not necessarily
be limited to, the following: (1) Agreement with other review agencies for review procedures
consistent with this article and federal regulations. (2) Application procedures and forms
of the application necessary to elicit and provide all necessary information as required by
the review criteria. (3) Establishment of a project review period of 90 days from the date
the state agency determines that the application is complete and notification thereof is made
to the applicant. The rules and regulations may provide for a period of not more than 15 days
for determination of the completeness of the application,...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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22-4-3
Section 22-4-3 State Board of Health designated as State Health Planning and Development Agency;
powers and duties generally. (a) The State Board of Health is hereby designated as the sole
and official State Health Planning and Development Agency. (b) The State Board of Health is
authorized and empowered: (1) To conduct the health planning and development activities of
the state; (2) To prepare, review and revise as necessary a preliminary state health plan,
which shall be made up of the health systems plans of the health systems agencies within the
state, and which shall be submitted to the Statewide Health Coordinating Council for approval
or disapproval and for use in developing the state health plan; (3) Upon implementation of
Title XVI of the Public Health Service Act and adoption of federal regulations thereto, to
prepare, review and revise as necessary a State Medical Facilities Plan, which shall be submitted
to the Statewide Health Coordinating Council for approval or...
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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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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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16-17A-17
Section 16-17A-17 Conveyance of property, etc., to authority; pledge of full faith and credit.
(a) The state, any university, any governmental entity, and any public corporation is hereby
authorized to give, transfer, convey, or sell to any authority or a university affiliate,
with or without consideration: (1) Any of its health care facilities and other properties,
real or personal, and any funds and assets, tangible or intangible, relative to the ownership
or operation of any such health care facilities, including any certificates of need, assurances
of need, or other similar rights appertaining or ancillary thereto, irrespective of whether
they have been exercised. (2) Any taxes, revenues, or funds owned or controlled by it. (3)
Nothing in this chapter shall be construed as allowing an authority or university affiliate
to be exempt from compliance with all applicable laws and regulations of the State Certificate
of Need program and the Alabama State Health Planning and Development...
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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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