Code of Alabama

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25-5-11
the employee was entitled. For purposes of this amendatory act, the employer shall be entitled
to subrogation for medical and vocational benefits expended by the employer on behalf of the
employee; however, if a judgment in an action brought pursuant to this section is uncollectible
in part, the employer's entitlement to subrogation for such medical and vocational benefits
shall be in proportion to the ratio the amount of the judgment collected bears to the total
amount of the judgment. (b) If personal injury or death to any employee results
from the willful conduct, as defined in subsection (c) herein, of any officer, director, agent,
or employee of the same employer or any workers' compensation insurance carrier of the employer
or any person, firm, association, trust, fund, or corporation responsible for servicing any
payment of workers' compensation claims for the employer, or any officer, director, agent,
or employee of the carrier, person, firm, association, trust, fund, or...
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22-21-324
Section 22-21-324 Use of proceeds. (a) The principal proceeds derived from any borrowing made
by an authority shall be used solely for the purpose or purposes for which such borrowing
was authorized to be made. If any securities are issued for the purpose of financing costs
of acquiring, constructing, improving, enlarging and equipping health care facilities, such
costs shall be deemed to include the following: (1) The cost of any land forming a part of
such health care facilities; (2) The cost of the labor, materials and supplies used in any
such construction, improvement or enlargement, including architectural and engineering fees
and the cost of preparing contract documents advertising for bids; (3) The purchase price
of, and the cost of installing, equipment for such health care facilities; (4) The cost of
landscaping the lands forming a part of such health care facilities and of constructing and
installing roads, sidewalks, curbs, gutters, utilities and parking places in...
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27-19-103
would result in economies of acquisition or administration. 3. The benefits are reasonable
in relation to the premiums charged. (5) LONG-TERM CARE INSURANCE. Any insurance policy or
rider advertised, marketed, offered, or designed to provide coverage for not less than 12
consecutive months for each covered person on an expense incurred, indemnity, prepaid, or
other basis for one or more necessary or medically necessary diagnostic, preventive, therapeutic,
rehabilitative, maintenance, or personal care services, provided in a setting other
than an acute care unit of a hospital. This term includes group and individual annuities and
life insurance policies or riders that provide directly or that supplement long-term care
insurance. This term also includes a policy or rider that provides for payment of benefits
based upon cognitive impairment or the loss of functional capacity. The term shall also include
qualified long-term care insurance contracts. Long-term care insurance may be...
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6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000
to be paid by periodic payments over period of years; judgment to specify payment terms; requirement
to post security or provide evidence of insurance; future damages not to be reduced to present
value; attorney's fees; termination of periodic payments; contempt of court upon continuing
pattern of failure to make payments; modification of judgment; legislative intent. (a) In
any action for injury or damages whether in contract or in tort against a health care
provider based on a breach of the standard of care the damages assessed by the trier of fact
shall be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages.
The trier of fact shall not reduce any future damages to present value. If the trial court
determines that any one or more of the above categories is not recoverable in the action,
that category or categories shall be omitted from the itemization. (b)...
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27-19A-12
Section 27-19A-12 Dental services - Coverages; fees; exceptions. (a) As used in this section,
the following terms shall have the following meanings: (1) COVERED PERSON. Any individual,
family, or family member on whose behalf third-party payment or prepayment of health or medical
expenses is provided under an insurance policy, plan, or contract providing for third-party
payment or prepayment of health care or medical expenses. (2) COVERED SERVICES. Dental care
services for which a reimbursement is available under an enrollee's plan contract, or for
which a reimbursement would be available but for the application of contractual limitations
such as deductibles, copayments, coinsurance, waiting periods, annual or lifetime maximums,
frequency limitations, alternative benefit payments, or any other limitation. (3) DENTAL CARE
PROVIDER. A licensed dentist. (4) DENTAL PLAN. Includes any policy of insurance which is issued
by a health care service contractor which provides for coverage of...
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27-56-4
Section 27-56-4 Prohibited activities. An insurance policy, plan, or contract providing for
third-party payment or prepayment of health or medical expenses shall not do any of the following:
(1) Impose a practice restriction for optometrists which is inconsistent with or more restrictive
than provided by law. (2) Discriminate between classes of eye care providers with respect
to any covered service which falls within the scope of the eye care provider's license. (3)
Require an eye care provider to hold hospital privileges as a condition of participation in
or receiving payment from the policy, plan, or contract. (4) Impose any restriction not required
by law based on the eye care provider's professional degree. (5) Discriminate between eye
care providers in connection with the amount of reimbursement for the provision of the same
services. (6) Require an eye care provider to purchase or maintain a minimum quantity or minimum
dollar amount of a specified brand of ophthalmic materials as...
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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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26-10B-8
Section 26-10B-8 Department to provide coverage and benefits not provided by residence state;
procedure for reimbursement. The State Department of Human Resources shall provide coverage
and benefits for a child who is in another state and who is covered by an adoption assistance
agreement made by the State Department of Human Resources for coverage or benefits, if any,
not provided by the residence state. To this end, the adoptive parents acting for the child
must obtain prior approval from the State Department of Human Resources and may submit evidence
of payment for services or benefit amounts not payable in the residence state and shall be
reimbursed therefor. However, there shall be no reimbursement for services or benefit amounts
covered under any insurance or other third party medical contract or arrangement held by the
child or the adoptive parents. The State Department of Human Resources shall make regulations
implementing this section. Among other things, such regulations...
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34-24-380
Section 34-24-380 Penalties for violation of Section 20-2-54, rules, or regulations. (a) In
addition to any other penalty authorized under Section 20-2-54, the State Board of Medical
Examiners, acting in its capacity as a certifying board, may in its discretion assess administrative
fines not to exceed ten thousand dollars ($10,000) for each violation of any of the provisions
of Section 20-2-54, or any rule or regulation duly promulgated by the board. (b) In addition
to the administrative fine authorized in subsection (a), the board may require a physician
or osteopath found to be in violation of Section 20-2-54, to pay the costs, fees, and expenses
of the board incurred in connection with any proceedings before the board, including, but
not limited to, the actual costs of independent medical review and expert testimony, reasonable
and necessary attorney fees and expenses, deposition costs, travel expenses for board staff,
charges incurred for obtaining documentary evidence, and such...
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34-24-381
Section 34-24-381 Penalties for violation of Section 34-24-360, rules, or regulations. (a)
In addition to any other penalty authorized by Section 34-24-361 (h) the Medical Licensure
Commission may in its discretion assess administrative fines not to exceed ten thousand dollars
($10,000) for each violation of any of the provisions of Section 34-24-360 or any rule or
regulation duly promulgated by the commission. The Medical Licensure Commission may also in
its discretion issue public or private reprimands, public or private censures, and may impose
involuntary restrictions upon the certificate of qualification and/or license to practice
medicine of any physician or osteopath for each violation of any of the provisions of Section
34-24-360. (b) In addition to the administrative fine authorized in subsection (a), the commission,
upon application of the Board of Medical Examiners, may require a physician or osteopath found
to be in violation of Section 34-24-360 to pay the costs, fees, and...
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