Code of Alabama

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22-4-32
Section 22-4-32 Definitions. For purposes of this article, the following terms shall have the
following meanings: (1) CERTIFICATE OF NEED REVIEW BOARD. The board which reviews all certificate
of need applications as provided in Section 22-21-260(14). (2) COVERED HEALTH CARE REPORTER.
The term includes health care facilities as that term is defined in Section 22-21-260(6);
new institutional health services subject to review as defined in Section 22-21-263; a facility
or institution for the care or treatment of any kind of mental or emotional illness or substance
abuse or for providing services to persons with intellectual disabilities as defined in Section
22-50-17; and facilities and distinct units as defined in Section 22-21-263(c). (3) HEALTH
CARE REPORTS. The written reports to SHPDA which are required to be submitted by this article.
(4) HEALTH CARE INFORMATION AND DATA ADVISORY COUNCIL. The body created by this article which
is charged with advising and participating in the...
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22-21-260
Section 22-21-260 Definitions. As used in this article, the following words and terms, and
the plurals thereof, shall have the meanings ascribed to them in this section, unless otherwise
required by their respective context: (1) ACQUISITION. Obtaining the legal equitable title
to a freehold or leasehold estate or otherwise obtaining the substantial benefit of such titles
or estates, whether by purchase, lease, loan or suffrage, gift, devise, legacy, settlement
of a trust or means whatever, and shall include any act of acquisition. The term "acquisition"
shall not mean or include any conveyance, or creation of any lien or security interest by
mortgage, deed of trust, security agreement, or similar financing instrument, nor shall it
mean or include any transfer of title or rights as a result of the foreclosure, or conveyance
or transfer in lieu of the foreclosure, of any such mortgage, deed of trust, security agreement,
or similar financing instrument, nor shall it mean or include any...
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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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22-21-265
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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41-15B-2.2
Section 41-15B-2.2 Allocation of trust fund revenues. (a) For each fiscal year, beginning October
1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues and upon
appropriation by the Legislature, an amount of up to and including two hundred twenty-five
thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated
for the administration of the fund by the council and the Commissioner of Children's Affairs.
(b) For the each fiscal year, beginning October 1, 1999, contingent upon the Children First
Trust Fund receiving tobacco revenues, the remainder of the Children First Trust Fund, in
the amounts provided for in Section 41-15B-2.1, shall be allocated as follows: (1) Ten percent
of the fund shall be allocated to the Department of Public Health for distribution to one
or more of the following: a. The Children's Health Insurance Program. b. Programs for tobacco
control among children with the purpose being to reduce the consumption...
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22-4-34
Section 22-4-34 Rulemaking authority. The SHPDA, following advice and guidance from the Health
Care Information and Advisory Council, shall adopt rules providing the specific information
which shall be submitted and the method of submission to SHPDA. All covered health care reporters
shall provide written reports as required by SHPDA, at least annually. Within one year of
the adoption of rules pursuant to the Administrative Procedure Act, covered health care reporters
shall make the first report due under this article. The first report due under this article
submitted by a covered health care reporter shall cover the immediately preceding six months.
Reporting to SHPDA under this article shall be mandatory. Reporting to SHPDA shall be required
at least annually after the initial report and shall cover the one-year period from the previous
report as provided by rules of SHPDA. (Act 2015-471, §5.)...
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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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22-4-39
Section 22-4-39 Use of information. (a) SHPDA shall utilize the data and information received
from covered health care reporters for the benefit of the public and public officials. The
data and information obtained by SHPDA pursuant to this article, including a summary, shall
be reported to the SHCC and the Certificate of Need Review Board at least annually. (b) SHPDA
shall follow the advice and guidance of the Health Care Information and Data Council as to
what reports, publications, or studies may be compiled using the data required to be collected
in this article. (c) All approved reports, publications, or studies prepared by SHPDA shall
be public records and shall be made available to the public for a reasonable fee. (d) Covered
health care reports from individual providers shall continue to be available to the public
and the SHPDA may charge a reasonable fee for copies of these reports. (Act 2015-471, §10.)...

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22-4-13
Section 22-4-13 Preparation, review, and revision of State Medical Facilities Plan. Upon the
adoption of federal regulations pursuant to Title XVI of the Public Health Service Act, the
State Board of Health is hereby authorized and required to prepare, review and revise, at
least annually, with such interim revisions as may become necessary, a Medical Facilities
Plan, which shall include all health care facilities defined in Section 22-4-2, shall divide
the State of Alabama into health service areas and, based on population and health facility
utilization statistics and such other criteria as the State Board of Health may direct, set
forth the need for health care facilities in such numbers and locations that all citizens
of the state shall have access to an integrated and interrelated system of health care. The
State Medical Facilities Plan shall consider the medical facilities plans of the health systems
agencies and shall be submitted to the Statewide Health Coordinating Council for...
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