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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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22-21-260
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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22-21-263
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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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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22-21-264
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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22-21-265.3
Section 22-21-265.3 Certificates of need - All-digital, automated hospital exempt from
review process. The Legislature finds and determines that the well-being and health of the
citizens of the State of Alabama will be enhanced by the development and growth of a state
of the art digital, automated hospital using the latest technological advances in healthcare
to lower healthcare costs, reduce human errors, and provide patients with the best medical
care available, and that it is in the best interest of the state to induce the location of
one all-digital, automated hospital, meeting the requirements of a digital hospital as provided
in subsection (f) of Section 22-21-265, in a county in which is located an accredited
medical school and teaching facility and not less than 3,000 licensed general hospital beds,
in order to set new standards for quality, efficiency, and cost-effective delivery of healthcare
services, and to promote these purposes by exempting from the certificate of need...
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40-26B-70
Section 40-26B-70 Definitions. For purposes of this article, the following terms shall
have the following meanings: (1) ACCESS PAYMENT. A payment by the Medicaid program to an eligible
hospital for inpatient or outpatient hospital care, or both, provided to a Medicaid recipient.
(2) ALL PATIENT REFINED DIAGNOSIS-RELATED GROUP (APR-DRG). A statistical system of classifying
any non-Medicare inpatient stay into groups for the purposes of payment. (3) ALTERNATE CARE
PROVIDER. A contractor, other than a regional care organization, that agrees to provide a
comprehensive package of Medicaid benefits to Medicaid beneficiaries in a defined region of
the state pursuant to a risk contract. (4) CERTIFIED PUBLIC EXPENDITURE (CPE). A certification
in writing of the cost of providing medical care to Medicaid beneficiaries by publicly owned
hospitals and hospitals owned by a state agency or a state university plus the amount of uncompensated
care provided by publicly owned hospitals and hospitals...
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34-29-61
Section 34-29-61 Definitions. For the purposes of this article, the following terms
shall have the following meanings ascribed by this section: (1) ACCREDITED SCHOOL OF
VETERINARY MEDICINE. Any veterinary college or division of a university or college that offers
the degree of doctor of veterinary medicine or its equivalent and is accredited by the American
Veterinary Medical Association (AVMA). (2) ANIMAL. Any animal or mammal other than man, including
birds, fish, reptiles, wild or domestic, living or dead. (3) APPLICANT. A person who files
an application to be licensed to practice veterinary medicine or licensed as a veterinary
technician. (4) BOARD. Alabama State Board of Veterinary Medical Examiners. (5) CONSULTING
VETERINARIAN. A veterinarian licensed in another state who gives advice or demonstrates techniques
to a licensed Alabama veterinarian or group of licensed Alabama veterinarians. A consulting
veterinarian shall not utilize this privilege to circumvent the law. (6) DIRECT...
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31-9-40
Section 31-9-40 Compact adopted and enacted. The Emergency Management Assistance Compact
is enacted into law and entered with all jurisdictions mutually adopting the compact in the
form substantially as follows: THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT Article I - Purpose
and Authorities. This compact is made and entered into by and between the participating member
states which enact this compact, hereinafter called party states. For the purpose of this
agreement, the term "states" is taken to mean the several states, the Commonwealth
of Puerto Rico, the District of Columbia, and all U.S. territorial possessions. The purpose
of this compact is to provide for mutual assistance between the states entering into this
compact in managing any emergency or disaster that is duly declared by the governor of the
affected state or states, whether arising from natural disaster, technological hazard, man-made
disaster, civil emergency aspects of resources shortages, community disorders,...
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38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested
person may petition the court to order protective placement or other protective services for
an adult in need of protective services. No protective placement or other protective services
may be ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
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