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 12 - Dental Services Corporations. › Section 22-21-363 - Application for Certificate of Authority; Contents.

Section 22-21-363
Application for certificate of authority; contents.
(a) The incorporators shall file with the commissioner an application for a certificate of authority to do business upon a form to be furnished by the department, which shall include or have attached the following:
(1) The names, and for the preceding 10 years, all addresses and all occupations of all incorporators and proposed directors and officers;
(2) A certified copy of the corporate articles and bylaws and all amendments thereto, a list of the names, addresses, and occupations of all directors and principal officers and, if previously incorporated, for the three most recent years, the corporation annual statements and reports;
(3) All agreements relating to the corporation to which any incorporator or proposed director or officer is a party;
(4) A statement of the amount and sources of the funds available for organization expenses and the proposed arrangements for reimbursement and compensation of incorporators or other persons;
(5) A statement of compensation of the directors and officers;
(6) The forms to be used for any proposed contracts between the corporation and providers of dental services and any corporations which perform administration, marketing or management services, concerning the provision of services to subscribers;
(7) The operating plan for conducting the dental service plan corporation, including all of the following:
a. The geographical area in which business is intended to do business in the first five years;
b. The types of dental service plan coverage intended to be provided in the first five years, including specification whether and to what extent services are to be provided;
c. The proposed marketing methods and management procedures, together with projected subscriber participation;
d. Actuarial data or other similar statistical data, documented and verified in such manner as the department may reasonably require, affirmatively demonstrating the anticipated income and expenses in the first five years, including, without limitation, the projected expenditure for dental services; and projected source of funds to make up any anticipated deficits.
(8) A current statement of the assets and liabilities of the applicant;
(9) Forms of all prepaid dental service contracts the applicant proposes to offer showing the rates to be charged for each form of contract;
(10) Such other documents or information as the department may reasonably require or deem necessary.
(Acts 1982, No. 82-463, p. 741, §4.)
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 12 - Dental Services Corporations. › Section 22-21-364 - Issuance of Certificate; Criteria.

Section 22-21-364
Issuance of certificate; criteria.
The commissioner shall issue a certificate of authority if he is satisfied that:
(1) All requirements of law have been met;
(2) All natural persons who are incorporators, the directors and principal officers of corporate incorporators, and the proposed directors and officers of the corporation being formed are trustworthy and competent and collectively have the competence and experience to engage in the particular dental service business proposed; and
(3) The business plan is consistent with the interests of the corporation's potential subscribers and of the public, and that the working capital meets the minimum requirements of not less than $100,000.00.
(Acts 1982, No. 82-463, p. 741, §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 12 - Dental Services Corporations. › Section 22-21-365 - Consent of Commissioner to Charter or Certificate of Incorporation.

Section 22-21-365
Consent of commissioner to charter or certificate of incorporation.
If the charter or certificate of incorporation of any proposed corporation specifies among its purposes the establishment, maintenance, and operation of a dental service plan, such charter or certificate of incorporation shall be referred by the Secretary of State to the Department of Insurance, and such charter or certificate shall not be filed until the consent of the commissioner shall be endorsed thereon and affixed thereto.
(Acts 1982, No. 82-463, p. 741, §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 12 - Dental Services Corporations. › Section 22-21-366 - Subscriber Rates Subject to Approval of Department; Provisions in Contract Between Corporation and Dentist.

Section 22-21-366
Subscriber rates subject to approval of department; provisions in contract between corporation and dentist.
(a) The rates charged by a dental service plan corporation to the subscribers for dental services shall at all times be subject to the approval of the department.
(b) Every contract between a dental service plan corporation and a dentist, whereby the plan provides for payment of a fee or fees to the dentist for dental services rendered by the dentist to subscribers, shall contain a clause stating that the dental service plan corporation shall be liable for such fee or fees rather than the subscribers receiving said dental services. Such contract shall also contain a clause whereby, upon termination of the contract by either party or upon expiration thereof, a dentist is obligated to complete any procedure which he has undertaken upon any subscriber.
(Acts 1982, No. 82-463, p. 741, §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 12 - Dental Services Corporations. › Section 22-21-367 - License Prerequisite to Contracts With Subscribers.

Section 22-21-367
License prerequisite to contracts with subscribers.
No corporation subject to the provisions of this article shall issue contracts to subscribers for dental services pursuant to a dental service plan until the department has, by formal licenses, authorized it to do so.
(Acts 1982, No. 82-463, p. 741, §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 12 - Dental Services Corporations. › Section 22-21-368 - Contents of Proposed Contracts Issued to Subscribers.

Section 22-21-368
Contents of proposed contracts issued to subscribers.
Any proposed contracts issued to subscribers to the plan shall be written in a form that is readable and comprehensible by a layman of reasonable and ordinary intelligence, and shall:
(1) Clearly set forth the services to which the subscriber is entitled under the contract.
(2) Clearly set forth the limitations, if any, on the choice of dentists available to the subscriber.
(3) Clearly reflect the rate to be charged for each form of such contract.
(Acts 1982, No. 82-463, p. 741, §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 12 - Dental Services Corporations. › Section 22-21-369 - Contents of Proposed Contracts Between Corporation and Dentists.

Section 22-21-369
Contents of proposed contracts between corporation and dentists.
Any proposed contracts between the corporation and dentists participating in the plan shall:
(1) List the responsibilities incurred by each party;
(2) Delineate the procedures for the remuneration of dentists for services provided thereby;
(3) Define and delineate the legal liabilities of the parties to one another, to subscribers, and to other affected persons; and
(4) Set forth the circumstances and procedures for terminating the contract.
(Acts 1982, No. 82-463, p. 741, §10.)
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 12 - Dental Services Corporations. › Section 22-21-372 - Filing and Approval of Subscription Rates; Criteria; Submission of Relevant Information.

Section 22-21-372
Filing and approval of subscription rates; criteria; submission of relevant information.
(a) No contract providing dental service corporation benefits may be executed in this state unless the subscription rates outlined in said contract have been filed with and approved by the commissioner.
(b) Subscription rates must be established and justified in accordance with generally accepted insurance principles, including but not limited to the experience or judgment of the corporation making the rate filing or actuarial computations.
(c) The commissioner may disapprove subscription rates that are excessive, inadequate or unfairly discriminatory. Rates are not unfairly discriminatory because they are averaged broadly among persons covered under group, blanket or franchise contracts.
(d) The commissioner may require the submission of whatever relevant information is deemed necessary in determining whether to approve or disapprove a filing made under this section or Section 22-21-371.
(Acts 1982, No. 82-463, p. 741, §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 12 - Dental Services Corporations. › Section 22-21-373 - Filing and Approval of Contracts With Dentists and Other Providers of Services and Amendments Thereto; Reports to Commissioner.

Section 22-21-373
Filing and approval of contracts with dentists and other providers of services and amendments thereto; reports to commissioner.
(a) All contracts made between the corporation and participating dentists and all contracts with other providers of services by the dental service plan corporation must be filed with and approved by the commissioner, and any amendment or change thereto.
(b) Dental service corporations must annually report to the commissioner in such detail as is reasonably required, the number and geographical distribution of dentists and other providers of services with whom it maintains contractual relations, and the nature of the relations. For an individual corporation or groups of corporations the commissioner may require more frequent reports.
(Acts 1982, No. 82-463, p. 741, §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 12 - Dental Services Corporations. › Section 22-21-374 - Fees and Taxes; Applicable Insurance Laws.

Section 22-21-374
Fees and taxes; applicable insurance laws.
(a) A dental service corporation will pay the prescribed fees and taxes required of a disability insurer.
(b) The following provisions of the insurance laws of this state apply to dental service corporations authorized by this article, to the extent that they are not inconsistent with the provisions herein:
(1) Title 27, Chapters 1 and 2, Administration and General Provisions.
(2) Title 27, Chapter 2B, Risk-Based Capital for Insurers.
(3) Title 27, Chapter 4, Fees and Taxes.
(4) Title 27, Chapter 6, Administration of Deposits.
(5) Title 27, Chapter 12, Unfair Trade Practices.
(6) Title 27, Chapter 32, Insurer Insolvency; Rehabilitation and Liquidation.
(c) The commissioner may by rule modify or waive any requirements referred to in subsection (b) for dental service corporations if that is necessary to avoid unreasonable hardship, expense, or inconvenience and if the interests of subscribers continue to be adequately protected.
(Acts 1982, No. 82-463, p. 741, §15; Act 2014-377, p. 1407, §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 12 - Dental Services Corporations. › Section 22-21-376 - Relation to Certain Insurance Provisions.

Section 22-21-376
Relation to certain insurance provisions.
Persons representing or aiding a dental services corporation in the solicitation of dental service contracts in this state and the dental services corporation with respect thereto shall be subject to Chapters 7 and 8A of Title 27, except that dental services corporation producers shall be exempt from the 40-hour prelicensing course and written examination requirements of Chapter 7 and the continuing education requirements of Chapter 8A of Title 27.
(Acts 1982, No. 82-463, p. 741, §17; Act 2001-702, p. 1509, §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 12 - Dental Services Corporations. › Section 22-21-377 - Contracting Sales Representatives - Registration With Commissioner; Notification of Termination; Filing Fee; Regulations and Controls.

Section 22-21-377
Contracting sales representatives - Registration with commissioner; notification of termination; filing fee; regulations and controls.
Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002.
(Acts 1982, No. 82-463, p. 741, §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 12 - Dental Services Corporations. › Section 22-21-378 - Contracting Sales Representatives - Accounting for Funds Received; Diversion or Appropriation of Funds; Penalty.

Section 22-21-378
Contracting sales representatives - Accounting for funds received; diversion or appropriation of funds; penalty.
Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002.
(Acts 1982, No. 82-463, p. 741, §19.)
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 12 - Dental Services Corporations. › Section 22-21-379 - Contracting Sales Representatives - Grounds for Mandatory Denial, Suspension, Revocation, or Refusal to Renew Registration.

Section 22-21-379
Contracting sales representatives - Grounds for mandatory denial, suspension, revocation, or refusal to renew registration.
Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002.
(Acts 1982, No. 82-463, p. 741, §20.)
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 12 - Dental Services Corporations. › Section 22-21-380 - Contracting Sales Representatives - Grounds for Discretionary Denial, Suspension, Revocation, or Refusal to Renew Registration.

Section 22-21-380
Contracting sales representatives - Grounds for discretionary denial, suspension, revocation, or refusal to renew registration.
Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002.
(Acts 1982, No. 82-463, p. 741, §21.)
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 12 - Dental Services Corporations. › Section 22-21-381 - Contracting Sales Representatives - Immediate Revocation of Registration Upon Conviction of Violation of Article; Right to Hearing on Denial, Suspension or Revocation by Commissioner; Evidence and Investigation.

Section 22-21-381
Contracting sales representatives - Immediate revocation of registration upon conviction of violation of article; right to hearing on denial, suspension or revocation by commissioner; evidence and investigation.
Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002.
(Acts 1982, No. 82-463, p. 741, §22.)
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 12 - Dental Services Corporations. › Section 22-21-382 - Contracting Sales Representatives - Administrative Penalty in Lieu of Discretionary Suspension, Revocation, Etc.

Section 22-21-382
Contracting sales representatives - Administrative penalty in lieu of discretionary suspension, revocation, etc.
(a) If, pursuant to procedures provided for in this article, it is found that one or more grounds exist for the suspension or revocation of, or refusal to renew or continue, any registration issued under this article, and except when such suspension, revocation, or refusal is mandatory, an order may be entered imposing upon the registrant, in lieu of such suspension, revocation, or refusal, an administrative penalty for each violation in the amount of $100.00 or, in the event of willful misconduct or willful violation on the part of the registrant, an administrative fine of $500.00. The administrative penalty may be augmented in amount by an amount equal to any commissions received by or accruing to the credit of the registrant in connection with any transaction to which the grounds for suspension, revocation, or refusal related.
(b) The order may allow the registrant a reasonable period, not to exceed 30 days, within which to pay to the commissioner the amount of the penalty so imposed. If the registrant fails to pay the penalty in its entirety to the commissioner at his office in Montgomery within the period so allowed, the registration of the registrant shall stand suspended or revoked, or renewal or continuation may be refused, as the case may be, upon expiration of such period and without any further proceedings.
(Acts 1982, No. 82-463, p. 741, §23.)
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 12 - Dental Services Corporations. › Section 22-21-383 - Deposit of Moneys Received by Department Pursuant to Article.

Section 22-21-383
Deposit of moneys received by department pursuant to article.
All moneys received pursuant to this article shall be deposited to the credit of the Examiners' Revolving Fund of the Department of Insurance.
(Acts 1982, No. 82-463, p. 741, §24.)
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 12 - Dental Services Corporations. › Section 22-21-384 - Practice of Dentistry and Board of Dental Examiners Not Regulated or Limited by Article.

Section 22-21-384
Practice of dentistry and Board of Dental Examiners not regulated or limited by article.
Nothing contained herein shall be construed to regulate the practice of dentistry or limit the powers or authority of the Board of Dental Examiners in the regulation of the conduct of dentists.
(Acts 1982, No. 82-463, p. 741, §25.)
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 12 - Dental Services Corporations. › Section 22-21-385 - Amendments and Changes in Charter, Certificate of Incorporation, Bylaws, Contracts and Rates Subject to Department Approval; Filing of Copy of Amendments or Changes.

Section 22-21-385
Amendments and changes in charter, certificate of incorporation, bylaws, contracts and rates subject to department approval; filing of copy of amendments or changes.
No corporation subject to the provisions of this article shall amend its charter or certificate of incorporation, its bylaws, the terms or provisions of contracts executed or to be executed with dentists, or the terms or provisions of contracts issued or proposed to be issued to subscribers unless such proposed amendments have been submitted to and approved by the Department of Insurance. No change shall be made in the table of rates charged or proposed to be charged to subscribers, or in the table of payments made or proposed to be made to dentists, for any form of contract issued or to be issued until such proposed change has been submitted to and approved by the Department of Insurance. Such approval shall be deemed granted unless the department otherwise acts upon the proposed changes within 90 days of filing. Upon the adoption of any amendment or change following departmental approval, such corporation shall file with the department a copy thereof duly certified by at least two of the executive officers of the corporation.
(Acts 1982, No. 82-463, p. 741, §26.)
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 12 - Dental Services Corporations. › Section 22-21-386 - Examination and Investigation of Corporations by Department; Power to Summon and Examine Witnesses; Payment of Expenses.

Section 22-21-386
Examination and investigation of corporations by department; power to summon and examine witnesses; payment of expenses.
(a) The Department of Insurance, any agent or examiner of the department, or any other person appointed by the department shall have the power of visitation and examination into the affairs, transactions, accounts, business records, and assets of any such dental service plan corporation, shall have free access to all of the books, papers, and documents that relate to the business of the corporation, may summon and qualify witnesses under oath, and may examine its officers, agents, and employees or other relative persons regarding the affairs, transactions, and condition of the corporation. The corporation whose affairs are examined shall pay to the department for deposit into the State Treasury the traveling expenses and any other expenses of the examiner or other person making the examination which shall be credited as provided by Section 22-21-383.
(b) If the department has reason to believe that any person has violated or is violating any provision of this article, or upon written complaint signed by any interested person indicating that any such violation exists, the department shall conduct such examination or investigation as it deems necessary of the accounts, records, documents, and transactions pertaining to or affecting the affairs of the dental service plan corporation or of any person who solicits, negotiates, effectuates, procures, receives, delivers, or forwards any contract of such a corporation or who collects or forwards any consideration paid by a person contracting for dental services or benefits from such a corporation.
(Acts 1982, No. 82-463, p. 741, §27.)
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 12 - Dental Services Corporations. › Section 22-21-387 - Use of Phrase "Dental Service plan."

Section 22-21-387
Use of phrase "dental service plan."
Any person or corporation, not licensed under the provisions of this article, shall not use in the name, logo, contracts, or literature thereof the phrase "dental service plan," and any corporation, not licensed under the provisions of this article, shall not imply, either directly or indirectly, that it is a dental service plan corporation or hold itself out to be such a corporation.
(Acts 1982, No. 82-463, p. 741, §28.)
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 12 - Dental Services Corporations. › Section 22-21-388 - Dissolution or Liquidation of Corporation.

Section 22-21-388
Dissolution or liquidation of corporation.
Any dissolution or liquidation of a corporation subject to the provisions of this article shall be under the supervision of the department.
(Acts 1982, No. 82-463, p. 741, §29.)
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 12 - Dental Services Corporations. › Section 22-21-389 - Nonprofit Corporations Organized Prior to May 4, 1982.

Section 22-21-389
Nonprofit corporations organized prior to May 4, 1982.
No nonprofit corporation, organized under the laws of this state prior to May 4, 1982 to operate a dental service plan in the state or any of the counties thereof, the charter or certificate of incorporation of which has been approved or consented to by the insurance commissioner prior to May 4, 1982, shall be required to incorporate or reincorporate as provided herein. However, every such corporation desiring to operate such a plan shall file with the insurance commissioner its acceptance of this article within six months from May 4, 1982, and every such corporation so accepting this article shall continue, shall have all the powers, authority, and exemptions of this article, and shall be subject to all the provisions hereof except as otherwise provided herein. At the time of filing its acceptance, each such corporation must demonstrate to the satisfaction of the department that it is in compliance with the substantive provisions of this article and that it has the present ability to meet all current or contractual obligations to subscribers or to participating dentists. All preexisting corporations shall have one year from May 4, 1982 to demonstrate compliance with Section 22-21-364(3), requiring minimum working capital. In addition, each such corporation shall file an audited financial statement. Any such corporation may amend its charter to become a profit-making corporation with the prior approval of the commissioner and subject to the provisions of law.
(Acts 1982, No. 82-463, p. 741, §30.)
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 12 - Dental Services Corporations. › Section 22-21-390 - Violations; Penalties; Injunctive Relief.

Section 22-21-390
Violations; penalties; injunctive relief.
(a) Any person or corporation engaging in the business of operating a dental service plan without first having procured a license from the Department of Insurance, as required by this article, and any person or corporation violating any of the provisions of this article is guilty of a misdemeanor of the first degree and upon conviction thereof shall be punished as provided by law.
(b) Any person making any willfully false statement in any written document required by this article to be filed with the department, or with any examiner at any investigation or hearing conducted by the department or examiner, is guilty of perjury and shall be punished as provided by law.
(c) In addition to any other penalties provided for in this article, the department is authorized to apply to the appropriate circuit court by sworn affidavit that it has reason to believe that a violation of any of the provisions of this article, or of any rules promulgated pursuant to this article, has occurred, and such court shall have jurisdiction, upon hearing and for good cause shown, to grant a temporary or permanent injunction restraining any person or corporation from violating said provisions or rules, whether or not there exists an adequate remedy at law, and such injunction shall issue without bond.
(Acts 1982, No. 82-463, p. 741, §31.)
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 12 - Dental Services Corporations. › Section 22-21-391 - Promulgation of Rules and Regulations.

Section 22-21-391
Promulgation of rules and regulations.
The commissioner shall devise and promulgate reasonable rules and regulations, not inconsistent with the provisions of the article, as he deems advisable for effectuating its orderly administration.
(Acts 1982, No. 82-463, p. 741, §32.)
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 13 - Hospital Discharge Data › Section 22-21-410 - Definitions.

Section 22-21-410
Definitions.
For purposes of this article, the following terms have the following meanings:
(1) COUNCIL. The Hospital Discharge Data Advisory Council established under Section 22-21-416.
(2) DEPARTMENT. The Alabama Department of Public Health.
(3) DISCHARGE DATA. Data regarding a patient's discharge as an inpatient or outpatient from a hospital, as required on the UB-04 claim form, or any successor form, and on other forms that include services provided for covered inpatient and outpatient discharges.
(4) HOSPITAL. General acute care, critical access and specialized hospitals, as well as any freestanding emergency department that is separately licensed by the department as a provider-based division of a hospital, as defined by rules of the department and licensed pursuant to Article 2 of this chapter and that are located in this state.
(Act 2021-129, §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 13 - Hospital Discharge Data › Section 22-21-411 - Discharge Data Collection Systems and Processes; Reports.

Section 22-21-411
Discharge data collection systems and processes; reports.
(a) The department, upon consultation and approval of the council, shall establish and maintain processes and systems necessary for the protection, collection, and dissemination of discharge data. The department's discharge data collection systems and processes required by this article shall become operational on or before January 1, 2022.
(b) Commencing April 1, 2022, and quarterly thereafter, all hospitals shall submit to the department discharge data containing discharge data pursuant to rules adopted by the department.
(c) The initial report and each report thereafter shall only be required to include inpatient and outpatient discharge data for those individuals provided services during the three months immediately preceding the date of the discharge data. Any discharges prior to the date immediately preceding the three months prior to the initial report shall not be reported under this article.
(d) The department may contract for any services needed to carry out the provisions of this article.
(Act 2021-129, §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 13 - Hospital Discharge Data › Section 22-21-412 - Rulemaking Authority.

Section 22-21-412
Rulemaking authority.
The department, after consultation and with the approval of the council, shall adopt rules necessary to implement this article.
(Act 2021-129, §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 13 - Hospital Discharge Data › Section 22-21-413 - Reporting Requirements; Availability of Data.

Section 22-21-413
Reporting requirements; availability of data.
(a) All hospitals shall report inpatient and outpatient discharge data pursuant to rules adopted by the department, including rules defining inpatient and outpatient discharges.
(b) After receiving the discharge data, the department shall promptly make the discharge data available to the Alabama Hospital Association, which shall use the data strictly for its own internal purposes and for internal purposes of its membership. The department shall not otherwise distribute the discharge data other than what is determined to be permissible pursuant to the rules adopted to administer this article.
(c) No discharge data or other information shall be made available to the public by the association or the department that reasonably could be expected to reveal the identity of any patient. The discharge data reported under this article is confidential and shall not be available to the public until the department processes and verifies that the discharge data otherwise satisfies the requirements for public disclosure under this article and applicable federal law.
(d) The department shall adopt rules regarding the processed and verified data that is made available to the public and for the release of limited data sets, which are compliant with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, its amendments and implementing regulations.
(Act 2021-129, §4.)
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 13 - Hospital Discharge Data › Section 22-21-414 - Confidentiality of Identification Data.

Section 22-21-414
Confidentiality of identification data.
Individually identifiable patient information on discharge data submitted under this article shall not be public information. Reports and studies prepared and released by the department based upon discharge data shall not include information obtained from the discharge data in a form which could be used to identify any patient.
(Act 2021-129, §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 13 - Hospital Discharge Data › Section 22-21-415 - Studies and Publication of Information.

Section 22-21-415
Studies and publication of information.
The department may conduct studies and publish information based upon the discharge data obtained pursuant to this article, provided the studies and published information do not include information in a form which could be used to identify any patient or violate HIPAA.
(Act 2021-129, §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 13 - Hospital Discharge Data › Section 22-21-417 - Delinquency of Reports; Penalties; Informal Conference; Appeals.

Section 22-21-417
Delinquency of reports; penalties; informal conference; appeals.
(a) A hospital shall pay to the department a civil penalty of five cents ($.05) per patient discharge record for each day the discharge data required to be reported under this article is delinquent.
(b) A discharge data report is delinquent if the department does not receive the report within 60 calendar days after the end of the quarter for which the discharge data is required to be reported.
(c) If the department receives a discharge data report in incomplete form, the department shall notify the hospital making the report and provide 15 additional calendar days to correct the error and submit complete discharge data as required under this article and the rules adopted by the department to implement this article. If the hospital fails to correct the error and submit complete discharge data within the 15 additional calendar days, the incomplete discharge data report shall be considered delinquent at the end of that 15-day period.
(d) The maximum civil penalty for a delinquent report is ten dollars ($10) for each patient discharge record. The department shall issue an assessment of the civil penalty to any hospital that has a pending delinquent report.
(e) The hospital has a right to an informal conference with the department if the hospital requests a conference within 30 calendar days of receipt of the civil penalty assessment. After the informal conference or, if no conference is requested, after the time for requesting the informal conference has expired, the department may proceed to collect any applicable civil penalty assessment.
(f) In its request for an informal conference, the hospital may request the department to waive the civil penalty assessment. The State Health Officer may waive the penalty in cases of an act of God or other acts beyond the control of the hospital, at the discretion of the State Health Officer, or for other reasons reasonably related to compliance with this article. Waiver of the penalty is in the sole discretion of the State Health Officer.
(g) The imposition of a civil penalty under this section may be appealed pursuant to the Alabama Administrative Procedure Act. All civil penalties collected pursuant to this section shall be remitted to the department and shall be deposited in the General Fund, and shall not be earmarked for the department. A hospital may not renew its license to operate if the hospital has any unpaid civil penalties that were levied more than 30 days before the hospital license expiration date, except for any civil penalties that are subject to appeal and except for penalties for which arrangements for payment have been made which are satisfactory to the department.
(Act 2021-129, §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 13 - Hospital Discharge Data › Section 22-21-418 - Liability.

Section 22-21-418
Liability.
(a) No person or entity may be held liable in any civil action with respect to a report or disclosure of discharge data made under this article, except under the following circumstances:
(1) The person or entity has knowledge of the falsity of the discharge data reported or disclosed.
(2) The discharge data is publicly disclosed in violation of this article or federal law regarding confidentiality of individually identifiable health information.
(3) The disclosure is made wantonly, arbitrarily, capriciously, or through an abuse of discretion.
(b) Nothing in this section is intended to create a new private cause of action in any court of this state.
(Act 2021-129, §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 13 - Hospital Discharge Data › Section 22-21-419 - Discovery of Information.

Section 22-21-419
Discovery of information.
Individual patient data submitted by a hospital pursuant to this article shall remain at all times confidential and privileged from discovery. This article shall not be construed to prohibit discovery of patient specific information from original sources where the information is otherwise not privileged and discoverable under applicable law. This article does not expand or repeal any protections from discovery, privilege, or confidentiality that exist by law, rule, regulation, or decision by a court of final jurisdiction, except for the protections afforded by this article.
(Act 2021-129, §10.)
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 14 - Harold Sachs Act. › Section 22-21-430 - Short Title.

Section 22-21-430
Short title.
This article shall be known and may be cited as the Harold Sachs Act.
(Act 2021-470, §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 14 - Harold Sachs Act. › Section 22-21-431 - Legislative Findings.

Section 22-21-431
Legislative findings.
(a) The Legislature finds that it is in the best interest of the residents of Alabama to continue to have access to their loved ones receiving acute care or residing in long-term care facilities during a public health emergency and that companionship with one's loved ones during that time can provide support and peace of mind that positively impacts the healing process.
(b) The Legislature also finds that Representative Debbie Wood, whose mother, Peggy Hamby, succumbed to COVID-19, is forever remembered by the Alabama Legislature in the spirit of this bill. This bill represents Mrs. Hamby and the countless Alabamians who tragically lost relatives and loved ones during the COVID-19 pandemic.
(Act 2021-470, §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 14 - Harold Sachs Act. › Section 22-21-432 - Definitions.

Section 22-21-432
Definitions.
For the purposes of this article, the following terms have the following meanings:
(1) HEALTH CARE FACILITY. A general acute care hospital, long-term care facility, skilled nursing facility, intermediate care facility, assisted living facility, or specialty care assisted living facility.
(2) PUBLIC HEALTH EMERGENCY. A proclamation of the Governor or a resolution of the Legislature as provided in Section 31-9-3.
(Act 2021-470, §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 14 - Harold Sachs Act. › Section 22-21-433 - Visitation During Declared State Public Health Emergencies; Compliance With Reasonable Safety Protocols; Notice Requirements.

Section 22-21-433
Visitation during declared state public health emergencies; compliance with reasonable safety protocols; notice requirements.
(a) During a declared state public health emergency, a health care facility shall continue to allow patients to receive visitors consistent with all applicable federal laws, regulations, and guidelines of the Centers for Medicare and Medicaid Services or Centers for Disease Control and Prevention, or any limitations set by a state or federal public health order.
(b) A health care facility may require the person visiting a patient under this article to comply with all reasonable safety protocols of the health care facility that have been established to protect the health and safety of the visitor, patients, and staff of the health care facility. Accompaniment by a caregiver or visitation from a visitor advocate shall be subject to reasonable restrictions imposed on the caregiver or visitor advocate because of any of the following:
(1) A patient's or resident's likelihood of exposing someone to an infectious disease is not controllable despite using reasonable safety practices, such as personal protective equipment.
(2) A caregiver or visitor advocate actively exhibiting symptoms relating to an infectious disease.
(3) Lack of adherence to proper infection control practices.
(c) A health care facility shall follow all federal laws and regulations that require notice to each patient of his or her visitation rights. If there is any clinical restriction or limitation of the right, the patient is required to be informed of the limitations when he or she is informed of his or her rights under this section. Visitation may not be further restricted, limited, or otherwise denied on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability.
(Act 2021-470, §4.)
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 14 - Harold Sachs Act. › Section 22-21-434 - Relation to Visitation Guidelines, etc., of the Centers for Medicare and Medicaid Services.

Section 22-21-434
Relation to visitation guidelines, etc., of the Centers for Medicare and Medicaid Services.
Nothing in this article shall expand, alter, or amend visitation guidelines or regulations implemented or enforced by the Centers for Medicare and Medicaid Services.
(Act 2021-470, §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 14 - Harold Sachs Act. › Section 22-21-435 - Exceptions.

Section 22-21-435
Exceptions.
Notwithstanding any of the foregoing, healthcare facilities shall, at all times, allow family or caregiver presence for the following:
(1) End-of-life care, including clergy visitation for end-of-life care.
(2) Support for patients with disabilities, including cognitive or developmental disabilities, where presence of the family or caregiver is integral to the patient's clinical care.
(3) Pediatric care where the parent or legal guardian is required to be present.
(Act 2021-470, §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 14 - Harold Sachs Act. › Section 22-21-436 - This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective May 12, 2021. This Is Not in the Current Code Supplement.

Section 22-21-436
Liability of health care facility.
During the pendency of a public health emergency, a health care facility shall not be liable for any damages, injury, or death based on a claim of negligence connected to the exposure or potential exposure to any virus, disease, infection, or like contagion relating to allowing visitation pursuant to this article. To be afforded this protection, a health care facility shall follow any applicable protocol related to visitors set forth in federal or state regulations, and any applicable emergency health order or directive.
(Act 2021-470, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21A - Health Care Compact. › Section 22-21A-2 - Pledge.

Section 22-21A-2
Pledge.
The member states shall take joint and separate action to secure the consent of the United States Congress to this compact in order to return the authority to regulate health care to the member states consistent with the goals and principles articulated in this compact. The member states shall improve health care policy within their respective jurisdictions and according to the judgment and discretion of each member state.
(Act 2013-420, p. 1672, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 21A - Health Care Compact. › Section 22-21A-3 - Legislative Power.

Section 22-21A-3
Legislative power.
The legislatures of the member states have the primary responsibility to regulate health care in their respective states.
(Act 2013-420, p. 1672, §3.)