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6-5-542
institution, physician, dentist, hospital, or other health care provider as those terms are
defined in Section 6-5-481. (2) STANDARD OF CARE. The standard of care is that level of 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 like cases. A breach of
the standard of care is the failure by a health care provider to comply with the standard
of care, which failure proximately causes personal injury or wrongful death.
This definition applies to all actions for injuries or damages or wrongful death whether in
contract or tort and whether based on intentional or unintentional conduct. (3) FUTURE DAMAGES.
Damages for future medical treatment, care, or custody, loss of future earnings, future loss
of earning capacity, future loss of bodily function, future loss of consortium, or future
pain and suffering. (4) PERIODIC PAYMENT. The payment of money or delivery of other property...
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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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27-1-17.1
Section 27-1-17.1 Payment of providers through electronic funds transfer methods. (a) As used
in this section, the following words shall have the following meanings: (1) ACH ELECTRONIC
FUNDS TRANSFER. An electronic funds transfer through the Health Insurance Portability and
Accountability Act (HIPPA) standard Automated Clearing House network. (2) COVERED HEALTH CARE
PROVIDER. A physician as defined in Section 34-24-50.1; a dentist as defined in Section 34-9-1;
a chiropractor as defined in Section 34-24-120; an individual engaged in the practice of optometry
as defined in Section 34-22-1; other licensed health care professionals as defined in Title
34; a hospital as defined in Section 22-21-20; and a health care facility, or other provider
who or that is accredited, licensed, or certified and who or that is performing within the
scope of that accreditation, license, or certification. (3) HEALTH INSURANCE PLAN. Any hospital
and medical expense incurred policy, health maintenance...
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27-26-1
of human illnesses. (4) PROFESSIONAL CORPORATION. Any medical or dental professional corporation
or any medical or dental professional association. (5) PHYSICIAN. Any person licensed to practice
medicine in Alabama. (6) DENTIST. Any person licensed to practice dentistry in Alabama. (7)
HOSPITAL. Such institutions as are defined in Section 22-21-20 as hospitals. (8) OTHER HEALTH
CARE PROVIDERS. Any professional corporation or any person employed by physicians, dentists,
and hospitals who are directly involved in the delivery of health care services. (9) MEDICAL
LIABILITY. A finding by a judge, jury, or arbitration panel that a physician, dentist, medical
institution, or other health care provider did not meet the applicable standard of care and
that such failure was the proximate cause of the injury complained of, resulting in
damage to the patient. (10) BOARD. The board of directors of the joint underwriting association
created by Section 27-26-22. (Acts 1975, No. 513, p. 1148, §3.)...
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6-5-481
or dentist's office or clinic containing facilities for the examination, diagnosis, treatment,
or care of human illnesses. (4) PROFESSIONAL CORPORATION. Any medical or dental professional
corporation or any medical or dental professional association. (5) PHYSICIAN. Any person licensed
to practice medicine in Alabama. (6) DENTIST. Any person licensed to practice dentistry in
Alabama. (7) HOSPITAL. Such institutions as are defined in Section 22-21-21 as hospitals.
(8) OTHER HEALTH CARE PROVIDERS. Any professional corporation or any person employed by physicians,
dentists, or hospitals who are directly involved in the delivery of health care services.
(9) MEDICAL LIABILITY. A finding by a judge, jury, or arbitration panel that a physician,
dentist, medical institution, or other health care provider did not meet the applicable standard
of care, and that such failure was the proximate cause of the injury complained of,
resulting in damage to the patient. (Acts 1975, No. 513, p. 148, §3.)...
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27-19-105
Section 27-19-105 Regulations for long-term care policies; outline of coverage, policy summary,
and monthly report. (a) The commissioner may adopt regulations that include standards for
full and fair disclosure setting forth the manner, content, and required disclosures for the
sale of long-term care insurance policies, terms of renewability, initial and subsequent conditions
of eligibility, nonduplication of coverage provisions, coverage of dependents, preexisting
conditions, termination of insurance, continuation or conversion, probationary periods, limitations,
exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions,
and definitions of terms. Regulations under this subsection should recognize the developing
and unique nature of long-term care insurance and the distinction between group and individual
long-term insurance policies. (b) No long-term care insurance policy may do any of the following:
(1) Be cancelled, nonrenewed, or otherwise...
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22-18-6
which, under this article or the rules adopted pursuant thereto, may not be performed without
a license or certificate issued by the Board of Health; provided, however, this subdivision
does not apply to EMSP who have the privilege to practice in the state pursuant to the Emergency
Medical Services Personnel Licensure Interstate Compact. No individual shall be subject to
criminal liability pursuant to this section in the event he or she renders first aid or emergency
care at the scene of an injury caused by a motor vehicle crash or by some other incident,
or at the scene of a mass casualty or disaster if: a. The first aid or emergency care is rendered
gratuitously and in good faith; and b. The first aid or emergency care is not rendered in
the course of a business, program, or system which regularly engages in the provision of emergency
medical care. (b) Nothing in this section shall be construed to repeal, abridge, or modify
Section 6-5-332 or any other good Samaritan statute. (c) No...
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27-1-16
Section 27-1-16 Standard health insurance claim form; electronic claims form; various claim
forms. (a)(1) The Commissioner of the Department of Insurance shall prescribe a standard health
insurance claim form to be used by all hospitals. The forms shall be prescribed in a format
which allows for the use of generally accepted diagnosis and treatment coding systems by providers
of health care and payors. The standard form shall be accepted and used by all insurers doing
business in the State of Alabama and by all state agencies which pay providers of health care
for hospital services. (2) The Commissioner of the Department of Insurance shall also prescribe
a format for all health insurance claims transmitted or submitted for payment by electronic
or electro-mechanical means. Such a format shall be used by all insurers doing business in
the State of Alabama and by all state agencies which pay providers of health care for hospital
services. (b) An advisory committee of five persons, two...
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38-15-4
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section shall be afforded the following rights and any other rights adopted by the department
through rule, which shall be publicly posted and accessible to youth: a. To be afforded dignity
in his or her personal relationships with staff, youth, and other persons. b. To live
in a safe, healthy, and comfortable environment where he or she is treated with respect. c.
To be free from physical, sexual, emotional, or other abuse or corporal punishment. d. To
be granted a reasonable level of personal privacy in accommodations, personal
care and assistance, and visits. e. To confidential care of his or her records and personal
information, and to approve release of those records prior to the release of...
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13A-9-150
improperly charted, coded, or billed for any medical or health care service, common practices,
including but not limited to, repayment, even years later, may use as a defense to, or ground
for dismissal of, a prosecution under this section. (i) The introduction into evidence of
a paid state warrant to the order of the defendant is prima facie evidence that the defendant
did receive public assistance from the state. (j) The introduction into evidence of a transaction
history generated by a personal identification number (PIN) establishing a purchase
or withdrawal by electronic benefit transfer is prima facie evidence that the identified recipient
received public assistance from the state. (k)(1) If an original record is admissible in any
case or proceeding in a court in the state, a certified copy of the record in the custody
of any federal or state agency relating to an investigation of public assistance fraud under
this section shall be admissible when certified and affirmed by the...
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