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34-19-21
Section 34-19-21 Coverage or reimbursement for services not required. Nothing contained in
this chapter shall be construed to create a requirement that any health benefit plan, group
insurance plan, policy, or contract for health care services that covers hospital, medical,
or surgical expenses, health maintenance organizations, preferred provider organizations,
medical service organizations, physician-hospital organizations, or any other person, firm,
corporation, joint venture, or other similar business entity that pays for, purchases, or
furnishes group health care services to patients, insureds, or beneficiaries in this state,
including entities created pursuant to Article 6, commencing with Section 10A-20-6.01, of
Chapter 20, Title 10A, provide coverage or reimbursement for the services described or authorized
in this chapter. (Act 2017-383, §4.)...
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19-3B-709
Section 19-3B-709 Reimbursement of expenses. (a) A trustee is entitled to be reimbursed out
of the trust property, with interest as appropriate for: (1) expenses that were properly incurred
in the administration of the trust, including the defense or prosecution of any action, whether
successful or not, unless the trustee is determined to have willfully or wantonly committed
a material breach of the trust; and (2) to the extent necessary to prevent unjust enrichment
of the trust, expenses that were not properly incurred in the administration of the trust.
(b) An advance by the trustee of money for the protection of the trust gives rise to a lien
against trust property to secure reimbursement with reasonable interest. (Act 2006-216, p.
314, §1.)...
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34-24-59
Section 34-24-59 Reporting of physician disciplinary actions. (a) The chief administrative
officer of each hospital shall report to the Alabama State Board of Medical Examiners any
disciplinary action taken concerning any physician when the action is related to professional
ethics, negligence, or incompetence in the practice of medicine, moral turpitude, sexual misconduct,
abusive or disruptive behavior, or drug or alcohol abuse. Disciplinary action shall include
termination, revocation, probation, restriction, denial, failure to renew, suspension, reduction,
or resignation of hospital privileges for any of the above reasons. The report shall be in
writing and be made within 30 days of the date of the initial action. Failure on the part
of a chief administrative officer of a hospital to file a report required under this section
shall be a violation of Section 22-21-25(b)(3), and the State Board of Health may, in its
discretion, impose upon the hospital found to be in violation, a civil...
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6-5-548
Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider;
no evidence admitted of medical liability insurance. (a) In any action for injury or
damages or wrongful death, whether in contract or in tort, against a health care provider
for breach of the standard of care, the plaintiff shall have the burden of proving by substantial
evidence that the health care provider failed to exercise such reasonable care, skill, and
diligence as other similarly situated health care providers in the same general line of practice
ordinarily have and exercise in a like case. (b) Notwithstanding any provision of the Alabama
Rules of Evidence to the contrary, if the health care provider whose breach of the standard
of care is claimed to have created the cause of action is not certified by an appropriate
American board as being a specialist, is not trained and experienced in a medical specialty,
or does not hold himself or herself out as a specialist, a "similarly...
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22-30A-5
Section 22-30A-5 Identification of inactive or abandoned sites and liable parties by director;
development and implementation of cleanup plan; public comment period; orders; notice and
hearing; payment and reimbursement of expenses; appeal; recovery of expenses by order or civil
action; penalties. (a) The director shall identify inactive or abandoned hazardous substance
sites, as defined herein, within the State of Alabama. Once identified the director shall
refer to the most current national priorities list ("NPL") of the United States
Environmental Protection Agency under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, ("CERCLA") 42 U.S.C. §9601 et seq. Any Alabama site
identified by the director that also appears on the NPL shall not be subject to this chapter,
except for the matching funds provision of Section 22-30A-3(c). (b) For all sites so identified
by the director, not appearing on the NPL, the director shall attempt to identify all...
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22-18-40
Section 22-18-40 State Emergency Medical Control Committee. (a) The board shall be assisted
in formulating rules and policy pertaining to emergency medical services by the State Emergency
Medical Control Committee (SEMCC). Each member of the SEMCC shall have voting privileges.
Members of the SEMCC shall serve without compensation but shall be entitled to reimbursement
for expenses incurred in the performance of the duties of their office at the same rate paid
state employees. The chair of SEMCC may establish subcommittees of SEMCC comprised of representatives
from ambulance, fire, rescue, and other EMS groups, as needed. (b) The SEMCC shall be composed
as follows: (1) The medical directors of each EMS region designated by the board as ex officio
members. (2) One member who shall be a physician appointed by the Alabama Chapter of the American
College of Emergency Physicians. (3) One member who shall be a physician appointed by the
State Committee on Trauma of the American College of...
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22-21-7
Section 22-21-7 Itemized statement of services rendered to be furnished patient upon request;
provisions of statement; itemization of services and expenses; action by Attorney General;
payment of claims by insurance companies. (a) For the purposes of this section, the term "hospital"
shall mean any hospital in which human patients are given medical care. It shall include all
emergency rooms or outpatient facilities connected thereto. (b) Within 10 days following discharge
or release from confinement in a hospital or nursing home, or within 10 days after the earliest
date at which the expense from the confinement or service may be determined, which in the
case of long-term confinement may be the monthly charge, the hospital or nursing home providing
the service shall submit to the patient, or to his survivor or legal guardian as may be appropriate,
upon written request, an itemized statement detailing in language comprehensible to an ordinary
layman the specific nature of charges or...
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6-5-486
Section 6-5-486 Optional method of payment of judgments in excess of $100,000. Where a plaintiff
recovers a judgment from a physician, dentist, or medical institution, as defined in Section
6-5-481, in an action for medical liability, and such judgment is in excess of $100,000, the
court, in its discretion, may order that: (1) There shall be deducted from the award, and
paid to the plaintiff, an amount sufficient to cover his out-of-pocket expenses as well as
his attorney's fee. (2) The remainder of the award shall be paid to the plaintiff in monthly
installments in an amount calculated to provide the plaintiff a lifetime income. (3) If the
plaintiff should die before payment of all of said award, the same income shall be paid to
the beneficiary of the plaintiff for the remainder of the payments due. (4) The defendant
file a surety bond with the court in an amount equal to the award remaining after the expenses
referred to in subdivision (1) of this section have been deducted. (Acts...
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6-5-487
Section 6-5-487 Advance payments by defendant or insurer not admission of liability; advance
payments in excess of award not repayable. (a) In all actions for medical liability, any advance
payment made by the defendant or his insurer to or for the plaintiff, or any other person,
may not be construed as an admission of liability for injuries or damages suffered by the
plaintiff or anyone else. Evidence of such advance payment is not admissible until there is
a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment
to the plaintiff to the extent of advance payment. The advance payment shall inure to the
exclusive credit of the defendant or his insurer making the payment. In the event the advance
payment exceeds the liability of the defendant or the insurer making it, the court shall order
any adjustment necessary to equalize the amount which each defendant is obligated to pay,
exclusive of cost. (b) In no case shall an advance payment in excess of...
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6-5-694
Section 6-5-694 Discovery. (a) In an asbestos action, there shall be a rebuttable presumption
that trust claim materials and trust governance documents are relevant, authentic, and admissible
in evidence. A claim of privilege does not apply to trust claim materials or trust governance
documents. (b) A defendant in an asbestos action may seek discovery from an asbestos trust.
The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide
consent or other expression of permission that may be required by the asbestos trust to release
the information and materials sought by the defendant. (Act 2019-261, §1.)...
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