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6-5-551
Section 6-5-551 Complaint to detail circumstances rendering provider liable; discovery. In
any action for injury, damages, or wrongful death, whether in contract or in tort,
against a health care provider for breach of the standard of care, whether resulting from
acts or omissions in providing health care, or the hiring, training, supervision, retention,
or termination of care givers, the Alabama Medical Liability Act shall govern the parameters
of discovery and all aspects of the action. The plaintiff shall include in the complaint filed
in the action a detailed specification and factual description of each act and omission alleged
by plaintiff to render the health care provider liable to plaintiff and shall include when
feasible and ascertainable the date, time, and place of the act or acts. The plaintiff shall
amend his complaint timely upon ascertainment of new or different acts or omissions upon which
his claim is based; provided, however, that any such amendment must be made at...
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27-48-3
Section 27-48-3 Prohibition against plan termination of services, reduction of capitation payment,
or other penalty for health care provider in compliance with chapter; prohibition against
financial encouragement of early discharge from postpartum care. No health benefit plan subject
to the provisions of this chapter shall terminate the services, reduce capitation payment,
or otherwise penalize an attending physician, certified nurse midwife, or other health care
provider who orders medical care consistent with this chapter. No health benefit plan shall
provide, directly or indirectly, any financial incentive or disincentive or grant or deny
any special favor or advantage of any kind or nature to any person to encourage or cause early
discharge of a hospital patient from postpartum care, excluding capitation or global fee arrangements.
Provided nothing contained in this chapter is intended to expand the list or designation of
covered providers as specified in any health benefit plan or...
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22-11A-51
Section 22-11A-51 Informed consent required for HIV testing. (a) Before any HIV test is performed,
the health care provider or testing facility shall obtain from the person a voluntary informed
consent to administer the test. (b) A general consent form should be signed for medical or
surgical treatment which specifies the testing for HIV infection by any antibody tests or
other means and may be considered as meeting the standard of informed consent in subsection
(a). (Acts 1991, No. 91-120, p. 140, §2(a), (b).)...
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6-5-544
Section 6-5-544 Recovery of noneconomic losses; limitation of such losses; mistrial if jury
advised of limitation. (a) In any action for injury whether in contract or in tort
against a health care provider based on a breach of the standard of care, the injured plaintiff
and spouse upon proper proof may be entitled to recover noneconomic losses to compensate for
pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and
other nonpecuniary damage. (b) In no action shall the amount of recovery for noneconomic losses,
including punitive damages, either to the injured plaintiff, the plaintiff's spouse, or other
lawful dependents or any of them together exceed the sum of $400,000. Plaintiff shall not
seek recovery in any amount greater than the amounts described herein for noneconomic losses.
During the trial of any action neither the court nor any party shall advise or infer to the
jury that it may not return an award for noneconomic losses in excess of an...
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26-25-4
Section 26-25-4 Emergency medical services provider. For the purposes of this chapter, an emergency
medical services provider shall mean a licensed hospital, as defined in Section 22-21-20,
which operates an emergency department. An emergency medical services provider does not include
the offices, clinics, surgeries, or treatment facilities of private physicians or dentists.
No individual licensed health care provider, including physicians, dentists, nurses, physician
assistants, or other health professionals shall be deemed to be an emergency medical services
provider under this chapter unless such individual voluntarily assumes responsibility for
the custody of the child. (Act 2000-760, p. 1740, §4.)...
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22-8A-7
Section 22-8A-7 Competency of declarant; liability of participating physician, facility, etc.
(a) A competent adult may make decisions regarding life-sustaining treatment and artificially
provided nutrition and hydration so long as that individual is able to do so. The desires
of an individual shall at all times supersede the effect of an advance directive for health
care. (b) If the individual is not competent at the time of the decision to provide, withhold,
or withdraw life-sustaining treatment or artificially provided nutrition and hydration, a
living will executed in accordance with Section 22-8A-4(a) or a proxy designation executed
in accordance with Section 22-8A-4(b) is presumed to be valid. For the purpose of this chapter,
a health care provider may presume in the absence of actual notice to the contrary that an
individual who executed an advance directive for health care was competent when it was executed.
The fact of an individual's having executed an advance directive for...
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27-56-2
Section 27-56-2 Definitions. As used in this chapter, 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) EYE CARE PROVIDER. A licensed optometrist or a licensed ophthalmologist. (3)
INSURANCE POLICY, PLAN, OR CONTRACT PROVIDING FOR THIRD-PARTY PAYMENT OR PREPAYMENT OF HEALTH
OR MEDICAL EXPENSES. Includes an individual or group policy for accident or health insurance,
an individual or group hospital or health care service contract, an individual or group health
maintenance organization contract, an organized delivery system contract, or a preferred provider
organization contract, and any other similar policy, plan, or contract. This term shall not
include any employee welfare benefit plan, as defined...
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22-6-151
Section 22-6-151 Regional care organizations; governing board of directors; citizen's advisory
committee; solvency and financial requirements; reporting; provider standards committee. (a)
A regional care organization shall serve only Medicaid beneficiaries in providing medical
care and services. (b) Notwithstanding any other provision of law, a regional care organization
shall not be deemed an insurance company under state law. (c)(1) A regional care organization
and an organization with probationary regional care organization certification shall have
a governing board of directors composed of the following members: a. Twelve members shall
be persons representing risk-bearing participants in the regional care organization or organization
with probationary certification. A participant bears risk by contributing cash, capital, or
other assets to the regional care organization. A participant also bears risk by contracting
with the regional care organization to treat Medicaid beneficiaries...
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34-24-520
Section 34-24-520 Purpose. In order to strengthen access to health care, and in recognition
of the advances in the delivery of health care, the member states of the Interstate Medical
Licensure Compact have allied in common purpose to develop a comprehensive process that complements
the existing licensing and regulatory authority of state medical boards, provides a streamlined
process that allows physicians to become licensed in multiple states, thereby enhancing the
portability of a medical license and promoting the safety of patients. The compact creates
another pathway for licensure and does not otherwise change a state's existing medical practice
act. The compact also adopts the prevailing standard for licensure and affirms that the practice
of medicine occurs where the patient is located at the time of the physician-patient encounter,
and therefore, requires the physician to be under the jurisdiction of the state medical board
where the patient is located. State medical boards...
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22-8A-17
Section 22-8A-17 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) An Order for Pediatric
Palliative and End of Life (PPEL) Care shall only apply in the school setting if the order
is included as part of a Palliative and End of Life Individual Health Plan executed pursuant
to Chapter 30B of Title 16. (b) The attending physician of a qualified minor shall have no
supervisory authority over a school's execution of a Palliative and End of Life Individual
Health Plan. Any health care provider or health care facility acting within the applicable
standard of care with regard to a Palliative and End of Life Individual Health Plan is not
subject to criminal or civil liability and may not be found to have committed an act of unprofessional
conduct. Nothing in this chapter or any related act involving Orders for PPEL Care shall be
construed to establish a standard of care for physicians or...
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