reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 7 - Hospital Service Program for Indigents. › Section 22-21-216 - Determination of Need for Indigents' Hospitalization.

Section 22-21-216
Determination of need for indigents' hospitalization.
Any person desiring to be hospitalized as an indigent under the provisions of this article must first be examined by an attending physician, who shall attest to the general need for hospitalization of such person, but final determination of the need for hospitalization of such person shall be made by the medical staff of a participating hospital.
(Acts 1957, No. 394, p. 539, §12.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 7 - Hospital Service Program for Indigents. › Section 22-21-217 - Program Participation by Counties Having No Hospital.

Section 22-21-217
Program participation by counties having no hospital.
In the event that there is no hospital located in a county and the county commission of such county certifies to the State Board of Health that it does desire to participate in the Hospital Service Program for Indigents, in the manner provided for in this article, the admissions committee of such county may approve the admittance of any indigent of the county to a participating hospital in any other county, and in such cases, the county commission of the county in which such indigent resides shall pay to the hospital to which the indigent is admitted such charges for indigent hospitalization as such hospital would have been entitled to receive had the indigent been a resident of the county in which the hospital is located.
(Acts 1957, No. 394, p. 539, §13.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 7 - Hospital Service Program for Indigents. › Section 22-21-218 - Admittance in Other County When Local Facilities Deemed Inadequate.

Section 22-21-218
Admittance in other county when local facilities deemed inadequate.
In the event that no participating hospital in a participating county has adequate personnel, equipment or other medical facilities necessary for the proper care and treatment of a particular indigent residing in the county, the admissions committee in such county may approve the admittance of such indigent to a participating hospital in any other county, and in such cases, the county commission of the county in which such indigent resides shall pay to the hospital to which the indigent is admitted such charges for indigent hospitalization as such hospital would have been entitled to receive had the indigent been a resident of the county in which the hospital is located.
(Acts 1957, No. 394, p. 539, §14.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 7 - Hospital Service Program for Indigents. › Section 22-21-219 - Payment of Public Funds to Physicians Prohibited; Collection of Costs, etc., From Indigent Patient, Etc.

Section 22-21-219
Payment of public funds to physicians prohibited; collection of costs, etc., from indigent patient, etc.
No physician shall be entitled to receive any public funds as a fee for attending or treating an indigent patient hospitalized under the provisions of this article, it being the intent and purpose of this article that all such professional medical services shall be furnished by such physician without cost to the state or any participating county, but this shall not be construed as prohibiting any physician, hospital or other interested party from collecting from such patient, or from relatives or others upon whom such patient is legally dependent or from other third parties the amount of any charges for hospitalization or professional medical services rendered to such patient; provided, that if any hospital shall collect from any such indigent patient, or from relatives or others upon whom such patient is legally dependent or from other third parties any charges for costs of hospitalization for such patient, public funds provided under this article shall be used only to the extent necessary to insure payment of hospital costs allowed under this article after deducting from such hospital costs the amount of any such charges collected by such hospital.
(Acts 1957, No. 394, p. 539, §15.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 7 - Hospital Service Program for Indigents. › Section 22-21-221 - Disposition of Unexpended Funds - State Board of Health.

Section 22-21-221
Disposition of unexpended funds - State Board of Health.
Any unexpended funds appropriated to the State Board of Health for allocation among the various counties under the provisions of this article shall not revert to the State Treasury at the end of any fiscal year. Such unexpended funds remaining to the credit of the State Board of Health at the end of any fiscal year shall be added to, and shall become a part of, any funds made available to the board for allocation among the various counties, under the provisions of this article, during the succeeding fiscal year.
(Acts 1957, No. 394, p. 539, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 7 - Hospital Service Program for Indigents. › Section 22-21-222 - Disposition of Unexpended Funds - Counties.

Section 22-21-222
Disposition of unexpended funds - Counties.
Any unexpended funds allocated to any county under the provisions of this article shall not revert to the State Board of Health at the end of any fiscal year, but shall remain to the credit of the county to which they were allocated by the board. Such unexpended funds shall be used by the county solely for the purpose of providing hospitalization for indigents during the succeeding fiscal year, as provided in this article, and shall not be used for the purpose of matching any state funds which may be allocated to such county, under the provisions of this article, during such succeeding fiscal year.
(Acts 1957, No. 394, p. 539, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 7 - Hospital Service Program for Indigents. › Section 22-21-223 - Appropriation of Proceeds of Special County Tax or Funds in County Treasury.

Section 22-21-223
Appropriation of proceeds of special county tax or funds in county treasury.
In any county in which a special county tax is levied and collected, pursuant to the provisions of any amendment to the constitution heretofore adopted, for the purpose of acquiring, constructing, equipping, operating and maintaining public hospitals, public clinics, public health centers and related public health facilities of any kind, or for any one or more of the purposes included within the meaning of the term "public hospital purposes," the county commission of the county is hereby authorized to appropriate so much of the proceeds of such tax as may be necessary for the purpose of carrying out the provisions of this article; provided, that if any portion of the proceeds of such tax has been heretofore pledged to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness, such portion of the proceeds of the tax as shall have been so pledged shall not be used for any purpose except in payment of such bonds, warrants, notes or other obligations or evidences of indebtedness. The county commission of the county is also authorized to appropriate, out of any funds in the county treasury not otherwise appropriated, such amounts as may be necessary in carrying out the provisions of this article.
(Acts 1957, No. 394, p. 539, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 7 - Hospital Service Program for Indigents. › Section 22-21-224 - Expenses of State Board of Health.

Section 22-21-224
Expenses of State Board of Health.
The expenses incurred by the State Board of Health in the administration of this article during each fiscal year shall be budgeted, appropriated and allotted in the same manner as other administrative expenses of the board are budgeted, appropriated and allotted, but such expenses shall be paid out of any funds appropriated to the board for use in carrying out the provisions of this article.
(Acts 1957, No. 394, p. 539, §9.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 7 - Hospital Service Program for Indigents. › Section 22-21-225 - Federal Funds.

Section 22-21-225
Federal funds.
In the event any federal funds are made available to the state by the federal government, or any agency or instrumentality thereof, for use in carrying out the purposes of this article, the State Board of Health is authorized to take such action and promulgate and adopt such rules and regulations as may be necessary in order to qualify for and obtain such funds.
Nothing contained in this section shall be construed to prevent the Department of Human Resources from complying with the requirements of the federal Social Security Act, as amended, in relation to the administration by said department of the program of medical care, including hospitalization, for persons eligible for public assistance.
Nothing contained in this section shall be construed to prevent the State Department of Education from carrying out the provisions of the approved state plans for Vocational Rehabilitation Service and Crippled Children's Service in cooperation with the United States Department of Health, Education and Welfare.
(Acts 1957, No. 394, p. 539, §16.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 7 - Hospital Service Program for Indigents. › Section 22-21-227 - Charging, etc., for Assisting Person in Hospitalization.

Section 22-21-227
Charging, etc., for assisting person in hospitalization.
Any person, firm or corporation who shall, either directly or indirectly, charge or receive anything of value for assisting any person in making application for, or obtaining, indigent hospitalization under the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished as prescribed by law.
(Acts 1957, No. 394, p. 539, §18.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 8 - Trusts for Payment of Liability Claims Against Hospitals, Dentists, Etc. › Section 22-21-240 - Establishment, Administration, etc., of Trusts Authorized; Specification of Terms, Conditions and Provisions of Trusts.

Section 22-21-240
Establishment, administration, etc., of trusts authorized; specification of terms, conditions and provisions of trusts.
There is hereby authorized the establishment, maintenance, administration and operation of any trust established by agreement of any hospitals or other health care units licensed as such by the State of Alabama (hereinafter referred to as "hospitals") or by agreement of any dental practitioners licensed as such by the State of Alabama (hereinafter referred to as "dentists") as grantors, with such hospitals and dentists as beneficiaries, for the purpose of insuring against general public liability claims based upon acts or omissions of such hospitals or dentists, including without limitation, claims based upon malpractice.
Such hospitals or dentists may, by trust agreement among themselves and a trustee or trustees of their selection, specify the terms, conditions and provisions of such a trust.
(Acts 1977, No. 166, p. 226, §2; Acts 1978, 2nd Ex. Sess., No. 24, p. 1703, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 8 - Trusts for Payment of Liability Claims Against Hospitals, Dentists, Etc. › Section 22-21-241 - Powers and Liabilities of Trustees of Trusts.

Section 22-21-241
Powers and liabilities of trustees of trusts.
The trustees of trusts established pursuant to Section 22-21-240 shall hold the legal title to all property at any time belonging to the trust. They shall have control over such property as well as the control and management of the business and affairs of the trust. Liability to third persons for any act, omission or obligation of a trustee of a trust, when acting in such capacity, shall extend to the whole of the trust estate or so much thereof as may be necessary to discharge such obligation, but no trustee shall be personally liable for any such act, omission or obligation. The trustees shall have such powers as to the investment of the trust estate as may be set out in the declaration of trust; provided, however, that the investments of the trust shall be limited to the same type, kind and quality as those required of a domestic casualty insurer. Without limiting the generality of the foregoing, the trustees shall have any powers, whether conferred upon them by the agreement of trust or otherwise, to perform all acts necessary or desirable to the conduct of the business of a public liability insurer.
(Acts 1977, No. 166, p. 226, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 8 - Trusts for Payment of Liability Claims Against Hospitals, Dentists, Etc. › Section 22-21-242 - Liability of Hospitals and Dentists as Participants in Trusts.

Section 22-21-242
Liability of hospitals and dentists as participants in trusts.
No hospital or dentist who or which is a participant in such a trust, as a grantor, member, beneficiary or otherwise, shall be liable or obligated to the trust, to the trustee, to any other grantor, member or beneficiary, to any creditor of the trust or to any other person by virtue of his or its participation other than for the payment of his or its full agreed contribution to the trust in accordance with the trust agreement. Without limiting the generality of the foregoing, no participating hospital or dentist shall incur any other liability of any nature whatever because of or arising out of his or its participation in such a trust.
(Acts 1977, No. 166, p. 226, §4; Acts 1978, 2nd Ex. Sess., No. 24, p. 1703, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 8 - Trusts for Payment of Liability Claims Against Hospitals, Dentists, Etc. › Section 22-21-243 - Rights, Privileges, Immunities, etc., Conferred by Article.

Section 22-21-243
Rights, privileges, immunities, etc., conferred by article.
All of the provisions of this article shall apply to and shall confer all rights, privileges, exemptions and immunities upon any trust established for the purposes contemplated by this article and the grantors, members, beneficiaries, participants and trustees thereof, whether such trust was established before or after April 7, 1977.
(Acts 1977, No. 166, p. 226, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 9 - Control and Regulation of Development of Certain Health Care Facilities. › Section 22-21-261 - Legislative Findings; Purpose of Article.

Section 22-21-261
Legislative findings; purpose of article.
The Legislature of the State of Alabama declares that it is the public policy of the State of Alabama that a certificate of need program be administered in the state to assure that only those health care services and facilities found to be in the public interest shall be offered or developed in the state. It is the purpose of the Legislature in enacting this article to prevent the construction of unnecessary and inappropriate health care facilities through a system of mandatory reviews of new institutional health services, as the same are defined in this article.
(Acts 1977, 1st Ex. Sess., No. 82, p. 1509, §1; Acts 1982, 2nd Ex. Sess., No. 82-770, p. 249, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 9 - Control and Regulation of Development of Certain Health Care Facilities. › Section 22-21-265.1 - Certificates of Need - No Legislative Intent to Ratify Illegal Actions or False Information of Applicants, Agents, Etc.

Section 22-21-265.1
Certificates of need - No legislative intent to ratify illegal actions or false information of applicants, agents, etc.
It is not legislative intent to forgive, ratify or confirm any illegal actions or presentation of information known to be false on the part of applicants for certificates of need or the agents or employees of either the applicants or SHPDA.
(Acts 1995, No. 95-565, p. 1179, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 9 - Control and Regulation of Development of Certain Health Care Facilities. › Section 22-21-265.2 - Certificates of Need - Legislative Intent Reiterated.

Section 22-21-265.2
Certificates of need - Legislative intent reiterated.
It is not the intent of the Legislature to forgive, ratify, or confirm any illegal actions or presentation of information known to be false on the part of applicants for certificates of need or the agents or employees of either the applicants or the State Health Planning and Development Agency.
(Act 99-586, p. 1338, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 9 - Control and Regulation of Development of Certain Health Care Facilities. › Section 22-21-265.3 - Certificates of Need - All-Digital, Automated Hospital Exempt From Review Process.

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 review process the first all-digital, automated hospital to be developed and located in such a county. The Legislature further finds and declares the exemption to be granted by subsection (f) of Section 22-21-265 and the purposes to be accomplished hereby are proper governmental and public purposes and that the inducement of the location of an all-digital, automated hospital in such a county is of paramount importance to the development of state of the art healthcare in this state.
(Act 2001-899, 2001 3rd Sp. Sess., p. 730, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 9 - Control and Regulation of Development of Certain Health Care Facilities. › Section 22-21-266 - Certificates of Need - Required Findings for Inpatient Facilities.

Section 22-21-266
Certificates of need - Required findings for inpatient facilities.
No certificate of need for new inpatient facilities or services shall be issued unless the SHPDA makes each of the following findings:
(1) That the proposed facility or service is consistent with the latest approved revision of the appropriate state plan effective at the time the application was received by the state agency;
(2) That less costly, more efficient or more appropriate alternatives to such inpatient service are not available, and that the development of such alternatives has been studied and found not practicable;
(3) That existing inpatient facilities providing inpatient services similar to those proposed are being used in an appropriate and efficient manner consistent with community demands for services;
(4) That in the case of new construction, alternatives to new construction (e.g., modernization and sharing arrangement) have been considered and have been implemented to the maximum extent practicable; and
(5) That patients will experience serious problems in obtaining inpatient care of the type proposed in the absence of the proposed new service.
(Acts 1977, 1st Ex. Sess., No. 82, p. 1509, §7; Acts 1982, 2nd Ex. Sess., No. 82-770, p. 249, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 9 - Control and Regulation of Development of Certain Health Care Facilities. › Section 22-21-267 - Certificates of Need - Application for Certificate or Modification Thereto and Extensions Thereof.

Section 22-21-267
Certificates of need - Application for certificate or modification thereto and extensions thereof.
Any application for a certificate of need under Section 22-21-265, for a modification thereto or for an extension thereof shall be made in written form and shall include such information and supporting data relevant to the merits of the application as may be prescribed by the approved rules and regulations of the SHPDA. The application shall be filed with the SHPDA not less than 90 days prior to the date of the proposed obligation for the capital expenditure or the inauguration of the proposed service.
(Acts 1977, 1st Ex. Sess., No. 82, p. 1509, §8; Acts 1982, 2nd Ex. Sess., No. 82-770, p. 249, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 9 - Control and Regulation of Development of Certain Health Care Facilities. › Section 22-21-268 - Certificates of Need - Emergency Certificate Prior to Hearing.

Section 22-21-268
Certificates of need - Emergency certificate prior to hearing.
Any person may apply, either independently and without notice under Section 22-21-267 or as a part of an application filed under Section 22-21-267, for an emergency certificate of need for the authorization of capital expenditures made necessary by unforeseen events which endanger the health and safety of the patients. Emergency capital expenditures include, but are not necessarily limited to, emergency expenditures to maintain quality care, to overcome failure of fixed equipment, including heating and air conditioning equipment, elevators, electrical transformers and switch gear, sterilization equipment, emergency generators, water supply and other utility connections. Applications for emergency certificates of need shall include a description of the work to be done and/or equipment to be purchased, the cost thereof, justification for considering the capital expenditure as being of an emergency nature and such other information as the SHPDA may require. Emergency certificates of need issued hereunder shall be subject to such special limitations and restrictions as the duration and right of extension or renewal as may be prescribed in the rules and regulations adopted by the SHPDA.
(Acts 1977, 1st Ex. Sess., No. 82, p. 1509, §9; Acts 1982, 2nd Ex. Sess., No. 82-770, p. 249, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 9 - Control and Regulation of Development of Certain Health Care Facilities. › Section 22-21-271.1 - Certificates of Need - Fee Increases.

Section 22-21-271.1
Certificates of need - Fee increases.
(a) Any law to the contrary notwithstanding, the staff agency of the State Health Planning and Development Agency or its executive director may not increase or set any fees otherwise authorized relating to the certificate of need process pursuant to this article.
(b) Any fee increase by the staff agency of the State Health Planning and Development Agency or its executive director adopted after January 1, 1998, is rescinded and shall not be operative unless readopted in accordance with this section.
(c) Any fee increase related to the certificate of need process of the State Health Planning and Development Agency shall be adopted as a rule pursuant to the Alabama Administrative Procedure Act, Chapter 22 of Title 41.
(d)(1) For the purpose of this section, the term "State Health Planning and Development Agency" means the CON review board which is defined as the State Health Planning and Development Agency (SHPDA) in subdivision (14) of Section 22-21-260, and which consists of three consumers, three providers, and three representatives of the Governor.
(2) For the purpose of this section, the term "any fee related to the certificate of need process" means any fee authorized to be established by the State Health Planning and Development Agency, its staff agency, or the executive director of the staff agency. The term includes, but is not limited to, applications for a CON, opinions from the state agency as to whether a project is subject to review, or any other fee established pursuant to this article.
(Act 98-384, p. 731, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 9 - Control and Regulation of Development of Certain Health Care Facilities. › Section 22-21-274 - Adoption and Public Notice of Review Procedures and Criteria.

Section 22-21-274
Adoption and public notice of review procedures and criteria.
The SHPDA, with the advice and consultation of the Statewide Health Coordinating Council, shall prescribe by rules and regulations the review criteria and review procedures required by this article. Said review criteria and review procedures shall be consistent with this article and with appropriate federal regulations. Prior to the adoption of rules and regulations, the SHPDA shall give wide publicity to the proposed rules and regulations and shall conduct a public hearing following legal notice of not less than 30 days. The public hearing shall be held in the City of Montgomery, Alabama. Prior to advertising the public hearing, the SHPDA shall submit the proposed rules and regulations to the Statewide Health Coordinating Council and other interested agencies. Future revisions of the rules and regulations shall be made as required in this section for the original rules and regulations and in accordance with the Administrative Procedure Act (§ 41-22-1 et seq.).
(Acts 1977, 1st Ex. Sess., No. 82, p. 1509, §13; Acts 1979, No. 79-577, p. 1033, §3; Acts 1982, 2nd Ex. Sess., No. 82-770, p. 249, §12; Act 98-341, p. 597, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 9 - Control and Regulation of Development of Certain Health Care Facilities. › Section 22-21-276 - Injunctive Relief; Issuance of License for Inpatient Beds or Facilities in Violation of Article Prohibited; Facilities in Violation of Article Not to Receive Reimbursement for Services.

Section 22-21-276
Injunctive relief; issuance of license for inpatient beds or facilities in violation of article prohibited; facilities in violation of article not to receive reimbursement for services.
(a) Injunctive relief against violations of this article or any reasonable rules and regulations of the SHPDA may be obtained from the Circuit Court of Montgomery County, Alabama, at the instance of the SHPDA, any holder of a certificate of need that is adversely affected in the exercise of privileges thereunder by such violation or any member of the public directly and adversely affected by such violation. Upon written request by the SHPDA, it shall be the duty of the Attorney General of the State of Alabama to furnish such legal services as may be appropriate and to prosecute such action for injunctive relief to an appropriate conclusion.
(b) The State Board of Health shall not issue a license to operate new inpatient beds or any health care facility constructed, or acquired in violation of this article and without a certificate of need issued pursuant to this article.
(c) Any facility or service provided or constructed in violation of this article and without a certificate of need shall not receive reimbursement for services rendered by the health care facility or for the service provided by the facility which is provided in violation of said article without a certificate of need. This provision applies to all reimbursement programs administered by the State of Alabama. Recommendations will be made to other reimbursing agencies that reimbursement be denied.
(Acts 1977, 1st Ex. Sess., No. 82, p. 1509, §15; Acts 1982, 2nd Ex. Sess., No. 82-770, p. 249, §14.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 9 - Control and Regulation of Development of Certain Health Care Facilities. › Section 22-21-277 - Article Cumulative; Conflicting Laws.

Section 22-21-277
Article cumulative; conflicting laws.
The provisions of this article are cumulative and, insofar as possible, they shall be construed in pari materia with other laws relating to public health. Nevertheless, all laws or parts of laws, including, but not limited to any part of Chapter 5A (commencing with Section 31-5A-1) of Title 31, which conflict with this article are repealed.
(Acts 1977, 1st Ex. Sess., No. 82, p. 1509, §19; Acts 1982, 2nd Ex. Sess., No. 82-770, p. 249, §15; Acts 1993, No. 93-93, p. 147, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 9 - Control and Regulation of Development of Certain Health Care Facilities. › Section 22-21-278 - Kidney Disease Treatment Centers in Certain Municipalities Exempted From Certificate of Need Requirement.

Section 22-21-278
Kidney disease treatment centers in certain municipalities exempted from certificate of need requirement.
(a) The Legislature hereby finds and declares that it is in the best interest of the state and its residents for kidney disease treatment centers to be established and operated throughout the state so that any patient needing such treatment will be able to utilize a hemodialysis unit located within a reasonable distance from his or her home; that a shortage of kidney disease treatment centers now exists in the rural areas and smaller municipalities in the state; that the existence of the certificate of need requirement with respect to new kidney disease treatment centers is a factor that hinders the establishment of new treatment centers in the less heavily-populated areas of the state; that, in order to encourage and facilitate the development of new kidney disease treatment centers in those areas of the state where such centers are most needed, it is rational, appropriate and desirable to provide an exemption from the certificate of need requirement for any kidney disease treatment center located in a Class 3, 4, 5, 6, 7 or 8 municipality that contains no more than ten hemodialysis units; and that, because of the existence in Class 1, 2 and 3 municipalities of major medical facilities that serve the residents of such municipalities and the surrounding areas, it is rational, appropriate and desirable to provide that the exemption granted by this section shall not apply to a kidney disease treatment center located in a Class 4, 5, 6, 7 or 8 municipality if such municipality is located in a county in which a Class 1, 2 or 3 municipality is located.
(b) Notwithstanding any existing law to the contrary, any kidney disease treatment center that contains no more than ten freestanding hemodialysis units and that is located in a Class 3, 4, 5, 6, 7 or 8 municipality (as such classes are defined in Sections 11-40-12 and 11-40-13 or any successor provision of law) shall not be subject to or governed by the provisions of Article 9 of Chapter 21 of Title 22 (including, without limitation, the provisions of said article which require that a certificate of need be obtained from the State Health Planning and Development Agency as a condition precedent to the offering or development of new institutional health services).
(c) The provisions of subsection (b) shall not apply to a kidney disease treatment center located in a Class 4, 5, 6, 7 or 8 municipality if such municipality or any part thereof is located in a county in which a Class 1, 2 or 3 municipality or any part thereof is located.
(Acts 1991, No. 91-722, p. 1412, §§1-3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 10 - Financial Responsibility for Indigent Health Care. › Section 22-21-290 - Short Title.

Section 22-21-290
Short title.
This article may be cited as "the Alabama Health Care Responsibility Act."
(Acts 1979, No. 79-808, p. 1487, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 10 - Financial Responsibility for Indigent Health Care. › Section 22-21-291 - Legislative Intent.

Section 22-21-291
Legislative intent.
It is the intent of the Legislature to place the ultimate financial obligation for the medical treatment of indigents on the county in which the indigent resides, for all those costs not fully reimbursed by other governmental programs or third-party payers.
(Acts 1979, No. 79-808, p. 1487, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 10 - Financial Responsibility for Indigent Health Care. › Section 22-21-292 - Definitions.

Section 22-21-292
Definitions.
For the purpose of this article the following terms shall have the meanings respectively ascribed to them by this section:
(1) LOCAL AGENCY. Any county existing or hereafter created pursuant to the laws of this state.
(2) INDIGENT. Any person who has resided continuously in this state for not less than one year and who is acutely ill or injured and can be helped markedly by treatment in a hospital, but who is unable to pay the cost of such hospitalization from his own resources or from the resources of those upon whom he is legally dependent.
(3) DEPARTMENT. The Department of Human Resources.
(4) HOSPITAL. Any state, county, municipal or other public or private hospital licensed under the laws of this state, except a hospital, whether public or private, which is operated primarily for the care and treatment of tuberculosis, mental disorders or any other such chronic disease or illness.
(5) REGIONAL REFERRAL HOSPITAL. Any hospital that provides services to patients who reside in counties other than the county in which the hospital is located.
(Acts 1979, No. 79-808, p. 1487, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 10 - Financial Responsibility for Indigent Health Care. › Section 22-21-293 - Financial Responsibility for Out-of-County Indigent Patients Treated at a Regional Referral Hospital.

Section 22-21-293
Financial responsibility for out-of-county indigent patients treated at a regional referral hospital.
Ultimate financial responsibility for treatment received at a regional referral hospital by a certified indigent patient, who is a resident of the State of Alabama but is not a resident of the county in which the regional referral hospital is located, shall be the obligation of the county of which the certified indigent patient is a resident. A county's annual financial responsibility for each of its resident certified indigent patients receiving treatment at a regional referral hospital shall be limited to payment for 30 days or the number of days of services allowed per annum for the care of Medicaid patients through the State Medicaid Program at the time of the patient's hospitalization, whichever shall be less, at the per diem reimbursement rate currently in effect for the regional referral hospital under the medical assistance program for the needy under Title XIX of the Social Security Act, as amended. No county shall be required to pay for services at a regional referral hospital when such services are available at a local hospital in the county where the indigent resides, except that the county where the indigent resides shall be liable for the cost of treatment provided to said certified indigent at a regional referral hospital for any emergency medical condition which will deteriorate from failure to provide such treatment and when such condition is determined by the attending physician to be of an emergency nature. Provided however, no county shall be required to pay for services at a regional referral hospital for any patient that has received medical assistance during the current year through the State Medicaid Program. Provided, further, no county shall be required to pay for services at a regional referral hospital for any patient until all third party payors have paid all they are obligated to pay under any contract of insurance or otherwise.
(Acts 1979, No. 79-808, p. 1487, §4; Acts 1980, No. 80-466, p. 729.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 10 - Financial Responsibility for Indigent Health Care. › Section 22-21-294 - Certification of Indigency; Rules.

Section 22-21-294
Certification of indigency; rules.
Not later than October 1, 1979, the Department of Human Resources shall adopt rules which provide a statewide eligibility standard to certify residents of each county as indigent for the purposes of this article. These rules shall further provide that certification as indigent for the purposes of this article may occur either prior to a person's admission to a regional referral hospital, or subsequent to such admission for an emergency condition, but in any event if a determination of whether a patient meets or does not meet eligibility standards for certification as indigent for the purpose of this article is not made within 90 days following written notification by the regional referral hospital to the county of residence of the patient's admission to a regional referral hospital, the patient shall be considered to have been a certified indigent patient upon admission. A patient certified as indigent for the purpose of this article subsequent to his or her admission to a regional referral hospital shall be considered to have been certified upon admission. Such certification shall be made by a person designated by the board of county commissioners, or in the absence of such a designated person, by the county health officer. Furthermore, any county may establish standards of eligibility which are less restrictive than the standards adopted by the department under this section and no county may establish standards which are more restrictive than the standards adopted by the department under this section.
(Acts 1979, No. 79-808, p. 1487, §5; Acts 1980, No. 80-466, p. 729.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 10 - Financial Responsibility for Indigent Health Care. › Section 22-21-295 - Obligation of Regional Referral Hospitals.

Section 22-21-295
Obligation of regional referral hospitals.
As a condition of accepting the procedures of this article, each regional referral hospital in Alabama shall be obligated to admit for treatment all Alabama residents who meet the eligibility standards established pursuant to Section 22-21-294 and who meet the medical standards for admission to such institutions.
(Acts 1979, No. 79-808, p. 1487, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 10 - Financial Responsibility for Indigent Health Care. › Section 22-21-296 - Procedure for Settlement of Disputes.

Section 22-21-296
Procedure for settlement of disputes.
All disputes between a county and a regional referral hospital shall be resolved by action in the circuit court of the county in which the regional referral hospital is located.
(Acts 1979, No. 79-808, p. 1487, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 10 - Financial Responsibility for Indigent Health Care. › Section 22-21-297 - Certification Necessary for Treatment; Exception.

Section 22-21-297
Certification necessary for treatment; exception.
No patient shall be treated or admitted to, except in the case of an emergency, to a regional referral hospital as an indigent unless and until the board of county commissioners of the county providing certification notifies the hospital that the patient is certified as an indigent and that he is approved by the board for treatment or admission.
(Acts 1979, No. 79-808, p. 1487, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 10A - Financial Assistance Policies. › Section 22-21-300 - Disclosure of Policies to Patients.

Section 22-21-300
Disclosure of policies to patients.
(a) As used in this section, the following terms shall have the following meanings:
(1) HOSPITAL. Any facility as defined in Section 22-21-20.
(2) HOSPITAL BILL. A written statement provided to a patient after services are rendered by the hospital describing the services and the payment due for those services.
(3) UNINSURED PATIENT. A person receiving care at a hospital who does not have any third party source for payment of a hospital bill.
(b)(1) Each hospital must make available written information regarding its financial assistance policies. Each hospital bill or other summary of charges to a patient shall include a statement that a patient who meets certain income criteria may qualify for the financial assistance policy of the hospital.
(2) Each hospital shall conspicuously post a sign in the admission and registration areas of the hospital with the following notice:
"You may be eligible for financial assistance under the terms and conditions the hospital offers to qualified patients. For additional information, contact the hospital financial assistance representative."
(3) The sign shall be in English and in any other language that is the primary language of at least five percent of the patients annually served by the hospital.
(4) Each hospital that has a website must post a notice in a prominent place on its website, if financial assistance is available at the hospital, a description of the financial assistance application process and a copy of the financial assistance application.
(Act 2009-712, p. 2094, §§1, 2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21 - Hospitals and Other Health Care Facilities Generally. › Article 11 - Health Care Authorities. › Section 22-21-310 - Short Title.

Section 22-21-310
Short title.
This article shall be known and may be cited as "The Health Care Authorities Act of 1982."
(Acts 1982, No. 82-418, p. 629, §1.)