Code of Alabama

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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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22-5B-4
Section 22-5B-4 Alabama Lifespan Respite Resource Network. There is created the Alabama Lifespan
Respite Resource Network as the statewide entity that shall do the following: (1) Address
issues relating to respite care in our state. (2) Maintain a statewide system that facilitates
the availability and use of high quality, cost-effective lifespan respite services that provide
caregivers the break they need from caring for a loved one with disability or chronic illness.
(3) Develop and coordinate the Alabama Lifespan Respite Coalition. (4) Work in collaboration
with the eligible state agency and the Governor's Office to access funding through the federal
Lifespan Respite Care Act of 2006 (PL109-442). (5) Identify statewide respite care providers.
(6) Maintain a directory of respite services in Alabama and link family caregivers with respite
care providers and other types of respite-related programs. (7) Provide technical assistance
to community-based organizations and other entities that...
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40-26B-2
Section 40-26B-2 Privilege tax upon providers of pharmaceutical services; exceptions. To provide
further for the availability of indigent health care, the operation of the Medicaid Program
and the maintenance and expansion of medical services thereunder, there is hereby levied and
shall be collected as provided in this article a privilege tax on the business activities
of every provider of pharmaceutical services to the citizens of Alabama, except for a pharmacy,
or portion thereof, serving hospital inpatients or pharmacies owned or operated by the State
of Alabama or an agency thereof. The privilege tax imposed by this article is in addition
to all other taxes of any kind now imposed by law, and shall be at the rate of 10 cents for
each prescription filled or refilled for a citizen of Alabama. (Acts 1991, No. 91-124, p.
148, §2; Act 2002-414, p. 1058, §1.)...
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40-26B-22
Section 40-26B-22 Payment and collection of privilege assessment; appropriation of funds and
use by Alabama Medicaid Agency. (a) The privilege assessments imposed by this article shall
be due and payable in monthly installments to the department on or before the twentieth day
of the month next succeeding the month in which the assessment accrues, and shall, when collected,
be paid by the department into the State Treasury. Payment by United States mail will be timely
if mailed in accordance with Section 40-1-45. When so paid into the State Treasury, all such
privilege assessments shall be deposited to the credit of the Alabama Health Care Trust Fund
or any successor fund administered by or on behalf of the Alabama Medicaid Agency. (b) The
receipts from the privilege assessments levied in this article shall be solely available for
appropriation by the Alabama Legislature to the Alabama Medicaid Agency for use by the agency
in accomplishing the purposes of this article. Provided,...
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40-26B-73
Section 40-26B-73 Hospital Assessment Account. (a)(1) There is created within the Health Care
Trust Fund referenced in Article 3 of Chapter 6 of Title 22 of a designated account known
as the Hospital Assessment Account. (2) The hospital assessments imposed under this article
shall be deposited into the Hospital Assessment Account. (3) If the Medicaid Agency begins
making payments under Article 9 of Chapter 6 of Title 22, while Act 2017-382 is in force,
the hospital intergovernmental transfers imposed under this article shall be deposited into
the Hospital Assessment Account. (b) Moneys in the Hospital Assessment Account shall consist
of: (1) All moneys collected or received by the department from privately operated hospital
assessments imposed under this article; (2) Any interest or penalties levied in conjunction
with the administration of this article; and (3) Any appropriations, transfers, donations,
gifts, or moneys from other sources, as applicable; and (4) If the Medicaid Agency...
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45-37-171.44
Section 45-37-171.44 Ability to pay fees; increase in costs and fees; funding. No person shall
be denied any service because that person, or if a minor, the parent or legal guardian of
such person, is unable to pay the fee for such service established pursuant to this subpart.
The determination of a person's ability to pay shall be made in confidence and under circumstances
that will protect the dignity of the person receiving the service. Using any appropriate standards
of ability to pay for health care provided by the United States Government or any agency thereof,
the Jefferson County Board of Health may establish a sliding fee scale based on a person's
ability to pay. Any provision of this subpart to the contrary notwithstanding, this subpart
shall not be interpreted or applied to authorize any increase in the fees, if any, that any
person may be required to pay for any examination, treatment, vaccination, inoculation, or
other health care service of any kind that, as of September...
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22-6-195
Section 22-6-195 Privilege assessment - Payment; disposition of funds. (a) The assessment imposed
by this article shall be due and payable to the department on or before the twentieth day
of the month next succeeding the month in which the assessment accrues and, when collected,
shall be paid by the department into the State Treasury. Payment by United States mail shall
be timely if mailed in accordance with Section 40-1-45. When paid into the State Treasury,
all such taxes shall be deposited to the credit of the Alabama Health Care Trust Fund or any
successor fund administered by or on behalf of the Medicaid Agency. (b) The receipts from
the assessment levied in this article shall be solely available for appropriation by the Legislature
to the Medicaid Agency for use by the agency in accomplishing the purposes of this article.
(Act 2014-126, p. 236, §6.)...
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26-1-2
Section 26-1-2 Durable power of attorney; appointment by court of guardian, etc., subsequent
to execution of durable power of attorney; effect of death of principal upon agency relationship;
affidavit by person exercising power of attorney as to lack of knowledge of revocation, etc.;
health care power of attorney. (a) A durable power of attorney is a power of attorney by which
a principal designates another his or her attorney in fact or agent in writing and the writing
contains the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (b) All acts done by an
attorney in fact pursuant to a durable power of attorney during any...
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34-14C-5
Section 34-14C-5 Exemptions. The licensure requirements of this chapter do not apply to the
following entities or practitioners: (1) Home health agencies certified by the State of Alabama
to participate in the Medicare and Medicaid programs. (2) Hospital based home medical equipment
services, whether or not the services are provided through a separate corporation or other
business entity. (3) Health care practitioners legally eligible to order or prescribe home
medical equipment, or who use home medical equipment to treat patients in locations other
than the patient's residence, including, but not limited to, physicians, nurses, physical
therapists, respiratory therapists, speech therapists, occupational therapists, optometrists,
chiropractors, and podiatrists, except for those practitioners, other than a licensed physician
practicing medicine, who provide home medical equipment services in a patient's residence.
Nothing in this chapter shall be construed as prohibiting or restricting...
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38-7-15
Section 38-7-15 Conditions precedent to bringing child into state for purposes of adoption
or placement in child-care facility. (a) No person or agency shall bring or send any child
into the State of Alabama for the purpose of placing him or procuring his adoption or placing
him in any child-care facility, as defined herein, without first obtaining the consent of
the department. The department shall have the power to impose and enforce reasonable conditions
precedent to the granting of such consent. Such conditions shall be for the purpose of providing
the same care and protection for the child coming into the State of Alabama for placement
or adoption as are afforded to a child who is born in the State of Alabama, and such conditions
shall include the following: (1) The department shall be authorized to designate an agency
in another state from which said child is being brought or sent, or in which said child's
parents or guardian may be found, to interview said parent or parents or...
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