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 11 - Health Care Authorities. › Section 22-21-312 - Legislative Findings and Intent.

Section 22-21-312
Legislative findings and intent.
The Legislature hereby finds and declares:
(1) That publicly-owned (as distinguished from investor-owned and community-nonprofit) hospitals and other health care facilities furnish a substantial part of the indigent and reduced-rate care and other health care services furnished to residents of the state by hospitals and other health care facilities generally;
(2) That as a result of current significant fiscal and budgetary limitations or restrictions, the state and the various counties, municipalities, and educational institutions therein are no longer able to provide, from taxes and other general fund moneys, all the revenues and funds necessary to operate such publicly-owned hospitals and other health care facilities adequately and efficiently; and
(3) That to enable such publicly-owned hospitals and other health care facilities to continue to operate adequately and efficiently, it is necessary that the entities and agencies operating them have significantly greater powers with respect to health care facilities than now vested in various public hospital or health-care authorities and corporations and the ability to provide a corporate structure somewhat more flexible than those now provided for in existing laws relating to the public hospital and health-care authorities.
It is therefore the intent of the Legislature by the passage of this article to promote the public health of the people of the state (1) by authorizing the several counties, municipalities, and educational institutions in the state effectively to form public corporations whose corporate purpose shall be to acquire, own and operate health care facilities, and (2) by permitting, with the consent of the counties or municipalities (or both) authorizing their formation, existing public hospital corporations to reincorporate hereunder. To that end, this article invests each public corporation so organized or reincorporated hereunder with all powers that may be necessary to enable it to accomplish its corporate purposes and shall be liberally construed in conformity with said intent.
(Acts 1982, No. 82-418, p. 629, §3; Act 2003-249, p. 606, §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 11 - Health Care Authorities. › Section 22-21-317 - Officers; Election; Terms; Duties.

Section 22-21-317
Officers; election; terms; duties.
The officers of an authority shall consist of a chairman, a vice-chairman, a secretary, a treasurer and such other officers as the board shall deem necessary or desirable. The chairman and the vice-chairman of the authority shall be elected by the board from its membership but neither the secretary, the treasurer nor any of the other officers of the authority need be a director. The offices of secretary and treasurer may, but need not be, held by the same person. The chairman and the vice-chairman of the authority shall be elected by the board for terms of not exceeding three years each, and the secretary, the treasurer and the other officers of the authority shall be elected by the board for such terms as it deems advisable. The duties of the chairman, vice-chairman, secretary and treasurer shall be such as are customarily performed by such officers and as may be prescribed by the board. The duties of any other officers of the authority shall be such as are from time to time prescribed by the board.
(Acts 1982, No. 82-418, p. 629, §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 11 - Health Care Authorities. › Section 22-21-319 - Extraordinary Power of Authority.

Section 22-21-319
Extraordinary power of authority.
If and only if its certificate of incorporation or an appropriate amendment thereto (both of which must, under the terms of this article, be approved by the governing body of each authorizing subdivision) shall expressly so provide, an authority shall have, in addition to all other powers granted elsewhere in this article, the same power of eminent domain as is vested by law in any authorizing subdivision, in the same manner and under the same conditions as are provided by law for the exercise of the power of eminent domain by such authorizing subdivision; provided however, that under no circumstances may an authority exercise the power of eminent domain for the purposes of providing office facilities for any physician, dentist or other health care professional primarily for use in his private practice.
(Acts 1982, No. 82-418, p. 629, §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 11 - Health Care Authorities. › Section 22-21-320 - Securities of Authority.

Section 22-21-320
Securities of authority.
Securities of an authority may be executed and delivered by it at any time and from time to time, shall be in such form and denominations and of such tenor and maturity or maturities not exceeding 40 years from their date, shall bear such rate or rates of interest (which may be fixed or which may float or vary based on some index or other standard deemed appropriate by the board), shall be payable and evidenced in such manner, may contain provisions for redemption prior to maturity and may contain other provisions not inconsistent with this article, all as may be provided by the resolution of the board authorizing the same or by the indenture whereunder such securities are authorized to be issued. Each such security having a specified maturity date more than 10 years after its date shall be made subject to redemption at the option of the authority at the end of the tenth year after its date, and on any interest payment date thereafter, under such terms and conditions as may be provided in the resolution authorizing the same or the indenture under which issued. Any borrowing may be effected by the issuance and sale of securities at either public or private sale in such manner, at such price or prices, at such time or times and on such other terms and conditions as may be determined by the board to be most advantageous to the authority.
(Acts 1982, No. 82-418, p. 629, §11.)
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 22-21-322 - Execution of Securities.

Section 22-21-322
Execution of securities.
All securities of an authority shall be signed in the name and behalf of the authority by its chairman or vice-chairman, and the seal of the authority shall be affixed thereto and attested by its secretary or an assistant secretary; provided, that a facsimile of the signature of one, but not both, of the officers whose signature will appear on such securities may be imprinted or otherwise reproduced on any thereof in lieu of his manually signing the same; and provided further, that a facsimile of the seal of the authority may be imprinted, or otherwise reproduced, on any such securities in lieu of being manually affixed thereto. Any coupons applicable to any securities of the authority shall be signed either manually by, or with a facsimile of the signature of, the chairman or the vice-chairman of the authority. If after any such securities or coupons shall be so signed, whether manually or by facsimile, any such officer shall, for any reason, vacate his office, the securities and coupons so signed may nevertheless be delivered at any time thereafter as the act and deed of the authority.
(Acts 1982, No. 82-418, p. 629, §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 11 - Health Care Authorities. › Section 22-21-325 - Obligations Not Debt of State, County or Municipality.

Section 22-21-325
Obligations not debt of state, county or municipality.
All agreements and obligations undertaken, and all securities issued, by an authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of the state, any authorizing subdivision or any other county or municipality within the meaning of any constitutional or statutory provision. The faith and credit of the state, any authorizing subdivision or any other county or municipality shall never be pledged for the payment of any securities issued by an authority; nor shall the state, any authorizing subdivision or any other county or municipality be liable in any manner for the payment of the principal of or interest on any securities of an authority or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever that may be undertaken by an authority.
(Acts 1982, No. 82-418, p. 629, §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 11 - Health Care Authorities. › Section 22-21-326 - Securities Issued Under Article as Legal Investments.

Section 22-21-326
Securities issued under article as legal investments.
Securities issued under the provisions of this article are hereby made legal investments for savings banks and insurance companies organized under the laws of the state. Unless otherwise directed by the court having jurisdiction thereof or the document that is the source of authority, a trustee, executor, administrator, guardian or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest trust funds in securities of an authority. The governing body of any authorizing subdivision (or any county or municipality in which any health care facilities of an authority may be situated) is authorized, in its discretion, to invest in securities of such authority any idle or surplus money held in its treasury which is not otherwise earmarked or pledged.
(Acts 1982, No. 82-418, p. 629, §17.)
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 22-21-327 - Securities and Coupons as Negotiable Instruments.

Section 22-21-327
Securities and coupons as negotiable instruments.
Securities issued by an authority, while not registered, shall be construed to be negotiable instruments although payable solely from a specified or limited source. All coupons applicable to any securities issued by an authority, while the applicable securities are not registered as to both principal and interest, shall likewise be construed to be negotiable instruments although payable solely from a specified or limited source.
(Acts 1982, No. 82-418, p. 629, §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 11 - Health Care Authorities. › Section 22-21-328 - Exemption From Usury and Interest Laws.

Section 22-21-328
Exemption from usury and interest laws.
An authority shall be exempt from all laws of the state governing usury or prescribing or limiting interest rates, including, but without limitation to, the provisions of Chapter 8 of Title 8.
(Acts 1982, No. 82-418, p. 629, §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 11 - Health Care Authorities. › Section 22-21-329 - Notice of Issuance of Securities; Limitation on Actions to Contest.

Section 22-21-329
Notice of issuance of securities; limitation on actions to contest.
Any resolution authorizing any securities under this article may contain a recital that they are issued pursuant to the provisions of this article, which recital shall be conclusive evidence that such securities have been duly authorized pursuant to the provisions of this article, notwithstanding the provisions of any other law now in force or hereafter enacted or amended. Upon the adoption by the board of any resolution providing for the issuance of securities, the authority may, in its discretion, cause to be published, once a week for two consecutive weeks, in a newspaper then published in the county in which the principal office of the authority is located, or, if there is no such newspaper, then in a daily newspaper published in the state, a notice in substantially the following form, with any appropriate changes, to the extent applicable and with the blanks being properly filled in:
"_____, a public corporation and instrumentality under the laws of the state of Alabama, has authorized the issuance of $_____ principal amount of securities of the said authority to be dated _____, for purposes authorized in Act No. 82-418 enacted at the 1982 Regular Session of the legislature of Alabama. Any action or proceeding questioning the validity of the said securities, or the pledge [and any indenture] to secure the same, must be commenced within 20 days after the first publication of this notice.
[here insert name of the authority]
______________________
By _______________
Its Chairman"
Any action or proceeding in any court to set aside or question the validity of the proceedings for the issuance of the securities referred to in said notice or to contest the validity of any such securities, the validity of any pledge made therefor or the validity of any indenture with respect thereto must be commenced within 20 days after the first publication of such notice. After the expiration of the said period, no right of action or defense questioning or attacking the validity of the said proceedings, the said securities, any pledge herein authorized, or such indenture shall be asserted, nor shall the validity of the said proceedings, securities, pledge or indenture be open to question in any court on any ground whatsoever except in an action commenced within said period.
(Acts 1982, No. 82-418, p. 629, §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 11 - Health Care Authorities. › Section 22-21-332 - Investment of Funds.

Section 22-21-332
Investment of funds.
(a) To the extent permitted by the contracts of the authority with the holders of its securities and if not otherwise specifically prohibited by any other provision of this article, the authority may invest any portion of the principal proceeds derived from the sale of any of its securities which is not then needed for any of the purposes for which such securities were authorized to be issued, the moneys held in any special fund created pursuant to any resolution or indenture authorizing or securing any of its securities, and any other moneys of the authority not then needed by it, in any of the following:
(1) Federal securities;
(2) Any debt securities that are direct obligations of any agency of the United States of America;
(3) Interest-bearing bank time deposits and interest-bearing bank certificates of deposit; and
(4) Interest-bearing time deposits and interest-bearing certificates of deposit of any federally-chartered savings and loan association.
(b) Any securities, time deposits or certificates of deposit in which any such investment is made may, at any time and from time to time, be sold or otherwise converted into cash. The income derived from any such investments shall be disbursed on order of the board for any purpose for which the authority may lawfully expend funds.
(Acts 1982, No. 82-418, p. 629, §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 11 - Health Care Authorities. › Section 22-21-333 - Exemptions From Taxation.

Section 22-21-333
Exemptions from taxation.
All properties of an authority, whether real, personal or mixed, and the income therefrom, all securities issued by an authority and the coupons applicable thereto and the income therefrom, and all indentures and other instruments executed as security therefor, all leases made pursuant to the provisions of this article and all revenues derived from any such leases, and all deeds and other documents executed by or delivered to an authority shall be exempt from any and all taxation by the state, or by any county, municipality or other political subdivision of the state, including, but without limitation to, license and excise taxes imposed in respect of the privilege of engaging in any of the activities in which an authority may engage. An authority shall not be obligated to pay or allow any fees, taxes or costs to the judge of probate of any county in respect of its incorporation, the amendment of its certificate of incorporation or the recording of any document. Further, the gross proceeds of the sale of any property used in the construction and equipment of any health care facilities for an authority, regardless of whether such sale is to such authority or any contractor or agent thereof, shall be exempt from the sales tax imposed by Article 1 of Chapter 23 of Title 40 and from all other sales and similar excise taxes now or hereafter levied on or with respect to the gross proceeds of any such sale by the state or any county, municipality or other political subdivision or instrumentality of any thereof; and any property used in the construction and equipment of any health care facilities for an authority, regardless of whether such property has been purchased by the authority or any contractor or agent thereof, shall be exempt from the use tax imposed by Article 2 of Chapter 23 of Title 40 and all other use and similar excise taxes now or hereafter levied on or with respect to any such property by the state or any county, municipality or other political subdivision or instrumentality of any thereof.
(Acts 1982, No. 82-418, p. 629, §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 11 - Health Care Authorities. › Section 22-21-334 - Nonapplicability of Ethics Act.

Section 22-21-334
Nonapplicability of Ethics Act.
The provisions of Chapter 25 of Title 36 shall, any provision thereof to the contrary notwithstanding, not apply to any authority, the members of its board or any of its officers or employees.
(Acts 1982, No. 82-418, p. 629, §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 11 - Health Care Authorities. › Section 22-21-335 - Nonapplicability of Competitive Bid Laws.

Section 22-21-335
Nonapplicability of competitive bid laws.
The provisions of Articles 2 and 3 of Chapter 16 of Title 41 shall not apply to any authority, the members of its board or any of its officers or employees.
(Acts 1982, No. 82-418, p. 629, §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 11 - Health Care Authorities. › Section 22-21-336 - Transfer of Funds and Assets to Authority.

Section 22-21-336
Transfer of funds and assets to authority.
Any municipality, county, or educational institution, any public hospital corporation and any other public agency, authority or body is hereby authorized to transfer and convey to any authority, with or without consideration:
(1) Any health care facilities and other properties, real or personal, and all funds and assets, tangible or intangible, relative to the ownership or operation of any such health care facilities that may be owned by such municipality, county, educational institution, public hospital corporation or other public agency, authority or body, as the case may be, or that may be jointly owned by any two or more thereof, including, without limiting the generality of the foregoing, any certificates of need, assurances of need or other similar rights appertaining or ancillary thereto, irrespective of whether they have been exercised; and
(2) Any funds owned or controlled by such municipality, county, educational institution, public hospital corporation or other public agency, authority or body, as the case may be, or jointly by any two or more thereof, that may have been raised or allocated for any of the purposes for which such authority shall have been organized, whether or not such property is considered necessary for the conduct of the governmental or public functions (if any) of such municipality, county, educational institution, public hospital corporation or other public agency, authority or body.
Such transfer or conveyance shall be authorized by an ordinance or resolution duly adopted by the governing body of such municipality, county, or educational institution or by the board of directors or other governing body of such public hospital corporation or other public agency, authority or body, as the case may be, and it shall not be necessary, any provision of law to the contrary notwithstanding, to obtain any certificate of need, assurance of need or other similar permit for any such transfer or conveyance. In the event of the transfer of any health care facilities to the authority, any hospital tax proceeds, other tax proceeds and other revenues apportioned or allocated to or for the benefit of the prior owner or operator of such health care facilities or for patient care at such health care facilities shall thereafter be paid to the authority.
(Acts 1982, No. 82-418, p. 629, §27; Act 2003-249, p. 606, §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 11 - Health Care Authorities. › Section 22-21-337 - Disposition of Earnings of Authority.

Section 22-21-337
Disposition of earnings of authority.
An authority shall be a public corporation or authority and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event the board shall determine that sufficient provision has been made for the full payment of the expenses, securities and other obligations of the authority, then any portion, as determined by the board, of the net earnings of the authority thereafter accruing may, in the discretion of the board, be paid to one or more of its authorizing subdivisions.
(Acts 1982, No. 82-418, p. 629, §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 11 - Health Care Authorities. › Section 22-21-338 - Authority as Designated Agency for Purposes of Division 2 of Article 4 of This Chapter.

Section 22-21-338
Authority as designated agency for purposes of Division 2 of Article 4 of this chapter.
An authority shall constitute a "hospital corporation" as that term is used in Division 2 of Article 4 of this chapter; and any county otherwise authorized to do so may designate any authority having the power to own and operate health care facilities situated in such county as the agency of such county to acquire, construct, equip, operate and maintain public hospital facilities in such county, in the manner and with the consequences specified in said Division 2. Such authority shall, if so designated, receive the proceeds from any special public hospital tax referred to in said Division 2. Further, the reincorporation hereunder of any public hospital corporation that has theretofore been designated as the agency of a county to acquire, construct, equip, operate and maintain public hospital facilities in such county shall in no way impair or invalidate such designation, and such reincorporated public hospital corporation shall continue as such (with the consequences specified in said Division 2) just as if it had not been reincorporated hereunder. Nothing in this section shall, however, be construed in any manner to limit any rights or powers otherwise conferred upon an authority pursuant to any other provision of this article.
(Acts 1982, No. 82-418, p.629, §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 11 - Health Care Authorities. › Section 22-21-339 - Dissolution of Authority.

Section 22-21-339
Dissolution of authority.
At any time when the authority does not have any securities outstanding, and when there shall be no other obligations assumed by the authority that are then outstanding, the board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon the filing for record of a certified copy of said resolution in the office of the judge of probate in which the certificate of incorporation of the authority was filed, the authority shall thereupon stand dissolved, and in the event that it owned any assets or property at the time of its dissolution, the title to all its assets and property shall, subject to any constitutional provision or inhibition to the contrary, thereupon vest in one or more counties, municipalities, or educational institutions in such manner and interests as may be provided in the said certificate of incorporation; provided however, that if the said certificate of incorporation contains no provision respecting the vesting of title to the assets and property of the authority, title to all such assets and property shall, subject to any constitutional provision or inhibition to the contrary, thereupon vest in its authorizing subdivisions as tenants in common.
(Acts 1982, No. 82-418, p. 629, §30; Act 2003-249, p. 606, §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 11 - Health Care Authorities. › Section 22-21-340 - Multiple Corporations Permitted.

Section 22-21-340
Multiple corporations permitted.
Neither the formation or dissolution of one authority hereunder nor the reincorporation hereunder of a public hospital corporation shall prevent the subsequent incorporation hereunder of another authority or the subsequent reincorporation hereunder of another public hospital corporation pursuant to authority granted by one or more of the same authorizing subdivisions. Further, any county may authorize the incorporation of an authority hereunder notwithstanding the existence in such county of a public hospital corporation designated as the agency of such county with respect to public hospital facilities therein pursuant to the provisions of Division 2 of Article 4 of this chapter.
(Acts 1982, No. 82-418, p. 629, §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 11 - Health Care Authorities. › Section 22-21-342 - Provisions of Article Exclusive.

Section 22-21-342
Provisions of article exclusive.
Any authority organized under the provisions of this article (as well as any public hospital corporation reincorporated hereunder) shall, insofar as the subject matter of this article is concerned, be governed exclusively by the provisions of this article, which shall not be construed in pari materia with any other statute.
(Acts 1982, No. 82-418, p. 629, §33.)
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 22-21-343 - Cumulative Effect of Article.

Section 22-21-343
Cumulative effect of article.
This article shall not be construed as a restriction or limitation upon any power, right or remedy which any county, municipality, educational institution, or public hospital corporation now in existence or hereafter formed may have in the absence of this article. The provisions of this article are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with the provisions of this article.
(Acts 1982, No. 82-418, p. 629, §34; Act 2003-249, p. 606, §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 11 - Health Care Authorities. › Section 22-21-344 - Use of Proceeds From Hospital Taxes.

Section 22-21-344
Use of proceeds from hospital taxes.
Nothing in this article shall be construed to permit the use, by or for the benefit of any authority, of the proceeds of any hospital tax for any purpose, at any place, or in connection with any health care facilities, not permitted or described in the constitutional, statutory or other provision of law authorizing the imposition, levy and collection of such hospital tax or the use of the proceeds therefrom. In order to assure the lawful disposition of such hospital tax proceeds, the board may require the deposit thereof into special funds or accounts established for that purpose and the accounting therefor in such manner as the board may deem necessary.
(Acts 1982, No. 82-418, p. 629, §35.)
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 11A - Additional Power of Health Care Authorities. › Division 1 - Certain Additional Powers. › Section 22-21-350 - Definitions.

Section 22-21-350
Definitions.
The following words and phrases used in this division shall, unless the context clearly indicates otherwise, have the following respective meanings:
(1) AUTHORITY. A public corporation organized, and any public hospital corporation reincorporated, pursuant to the provisions of the enabling statute.
(2) AUTHORIZING RESOLUTION. A resolution adopted by the board authorizing an arrangement by which an authority is to furnish office space to a nonhospital-based physician, dentist or other health care professional for use in his private practice.
(3) AUTHORIZING SUBDIVISION. A county, municipality, or educational institution with the governing body of which an application for the incorporation of an authority under the enabling statute, or for the reincorporation of a public hospital corporation thereunder, is filed (and any other county, municipality, or educational institution that may at the time constitute an "authorizing subdivision" within the meaning of the enabling statute).
(4) BOARD. The board of directors of an authority.
(5) DIRECTOR. A member of a board.
(6) ENABLING STATUTE. Act No. 82-418 enacted at the 1982 Regular Session of the Legislature (codified as Article 11 of Chapter 21 of Title 22, as amended).
(7) NATIONALLY RECOGNIZED CREDIT RATING AGENCY. Any credit rating agency that is nationally recognized for skill and expertise in rating the credit of obligations similar to securities issued by an authority (including, without limiting the generality of the foregoing, Moody's Investors Service, Inc., and Standard & Poor's Corporation).
(8) SECURITIES. Bonds, notes, warrants, certificates of indebtedness or other evidences of indebtedness, including (without limiting the generality of the foregoing) notes issued in anticipation of the sale of any of the foregoing.
The term "federal securities," as used in this division, shall have the same meaning given it in the enabling statute.
(Acts 1987, No. 87-745, p. 1458, §1; Act 2003-249, p. 606, §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 11A - Additional Power of Health Care Authorities. › Division 1 - Certain Additional Powers. › Section 22-21-351 - Legislative Findings.

Section 22-21-351
Legislative findings.
The Legislature hereby finds and declares as follows:
(1) That in order to promote the public health of the people of the State of Alabama, the Legislature enacted the enabling statute, whereunder, among other things:
a. The several counties, municipalities, and educational institutions of the state are effectively authorized to form public corporations known as health care authorities, and
b. Existing public hospital corporations are authorized to reincorporate as health care authorities;
(2) That all such health care authorities are empowered under and pursuant to the enabling statute, among other things:
a. To own and operate public hospitals and other health care facilities;
b. To furnish office space to (among others) any nonhospital-based physician, dentist or other health care professional for use in his private practice, subject to the conditions specified in the enabling statute; and
c. To appoint, employ, contract with, and provide for the compensation of accountants; and
(3) That as a result of significant changes and developments in the economic and commercial structure and practices of health care providers since the enactment of the enabling statute, it is now necessary, in order to enable health care authorities organized or reincorporated pursuant to the provisions of the enabling statute to continue to operate adequately and efficiently, that the Legislature:
a. Confer on such health care authorities certain powers in addition to, and in furtherance of, those conferred by the enabling statute; and
b. Provide further for the corporate structure of such health care authorities.
(Acts 1987, No. 87-745, p. 1458, §2; Act 2003-249, p. 606, §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 11A - Additional Power of Health Care Authorities. › Division 1 - Certain Additional Powers. › Section 22-21-353 - Further Provisions Respecting Issuance of Securities.

Section 22-21-353
Further provisions respecting issuance of securities.
Any authority shall have, in addition to the power to sell and issue interest-bearing securities that are limited as to source of payment, the power to sell and issue interest-bearing securities that are not limited as to source of payment and that are general obligations of the authority. The principal of and interest on (and premium, if any) any securities issued by the authority pursuant to the provisions of this section may be secured by:
(1) A pledge of the general credit of the authority; or
(2) Both such a pledge of the general credit of the authority and a special pledge of specific revenues or taxes (or both) identified in the proceedings authorizing the sale and issuance of such securities;
and may also be secured by a trust indenture evidencing such pledge or by a foreclosable mortgage, mortgage indenture or mortgage and trust indenture conveying as security for such securities all or any part of its property. Except to the extent hereinabove provided, all securities issued pursuant hereto shall be considered as securities issued under the enabling statute and shall be subject to all the provisions thereof respecting securities issued thereunder.
(Acts 1987, No. 87-745, p. 1458, §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 11A - Additional Power of Health Care Authorities. › Division 1 - Certain Additional Powers. › Section 22-21-354 - Further Provisions Respecting Use and Disposition of Certain Property.

Section 22-21-354
Further provisions respecting use and disposition of certain property.
In determining the financial effect of an arrangement between an authority and any nonhospital-based physician, dentist or other health care professional for the furnishing of office space to any such person for use in his private practice (for purposes of those provisions of the enabling statute relating thereto), the board:
(1) May, in the determination of the rental and other consideration to be received by the authority from the furnishing of such office space, consider not only the dollar amount of such rental and other consideration being or to be paid by such person pursuant to such arrangement, but also such other circumstances or conditions as it shall generally describe in an authorizing resolution, including (without limitation and by way of example or illustration) factors such as the probability or possibility that such person will refer patients or others to any one or more of the health care facilities owned or operated by the authority or will otherwise make use of, and compensate the authority for, services provided at or by any such health care facilities;
(2) In such event, may (in the authorizing resolution) assign to such other circumstances or conditions such value as in its discretion it deems appropriate and warranted; and
(3) May furnish office space to such person if the dollar amount of the rental and any other consideration being or to be paid to the authority by such person, when added to the value so assigned to such other circumstances and conditions, is not less than the cost of such office space to the authority, any provisions of the enabling statute to the contrary notwithstanding.
Any value so assigned in an authorizing resolution to any such other circumstances and conditions shall be conclusive in the absence of fraud or a gross abuse of discretion.
(Acts 1987, No. 87-745, p. 1458, §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 11A - Additional Power of Health Care Authorities. › Division 1 - Certain Additional Powers. › Section 22-21-356 - Cumulative Effect.

Section 22-21-356
Cumulative effect.
The provisions of this division shall be construed as cumulative of the provisions of the enabling statute, shall be construed in pari materia therewith and shall not be deemed to repeal any provisions of the enabling statute or other existing law except to the extent (but only to the extent) that any such provisions of the enabling statute or other existing law clearly conflict, or are clearly inconsistent, with the provisions of this division.
(Acts 1987, No. 87-745, p. 1458, §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 11A - Additional Power of Health Care Authorities. › Division 2 - Further Additional Powers. › Section 22-21-357 - Definitions.

Section 22-21-357
Definitions.
As used in this division, the following terms shall have the following respective meanings unless the context clearly indicates otherwise:
(1) AUTHORITY. Any public corporation now or hereafter organized or reincorporated, as the case may be, pursuant to the provisions of the Health Care Authorities Act.
(2) AUTHORIZING SUBDIVISION. Each county, municipality, and educational institution with the governing body of which the application for the incorporation of any authority under the Health Care Authorities Act or the reincorporation of a public corporation under the Health Care Authorities Act was filed.
(3) COUNTY. Any county in the State of Alabama.
(4) GOVERNING BODY. With respect to a county, its county commission or other like governing body, and, with respect to a municipality, its city or town council, board of commissioners or other like governing body, and, with respect to an educational institution, its board of trustees, or other like governing body.
(5) EDUCATIONAL INSTITUTION. A public college or university established under the Constitution of Alabama or act of the Alabama Legislature that operates a school of medicine.
(6) HEALTH CARE AUTHORITIES ACT. Act No. 82-418 enacted at the 1982 Regular Session of the Legislature of Alabama, as supplemented by Act No. 87-745 enacted at the 1987 Regular Session of the Legislature of Alabama (codified as Articles 11 and 11A of Chapter 21 of Title 22 as amended).
(7) MUNICIPALITY. An incorporated city or town of the State of Alabama.
(Acts 1990, No. 90-532, §1; Act 2003-249, p. 606, §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 11A - Additional Power of Health Care Authorities. › Division 2 - Further Additional Powers. › Section 22-21-359 - Legislative Intention.

Section 22-21-359
Legislative intention.
It is the intent of the Legislature by the passage of this division to clarify existing provisions of statutory law respecting the powers of authorities. To that end, the grant to such authorities of the powers specified in Section 22-21-358 shall be deemed declarative of existing statutory law and shall therefore have both a prospective and a retroactive or retrospective operation.
(Acts 1990, No. 90-532, §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 12 - Dental Services Corporations. › Section 22-21-360 - Short Title.

Section 22-21-360
Short title.
This article shall be known and cited as the "Alabama Dental Services Corporation Act."
(Acts 1982, No. 82-463, p. 741, §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 12 - Dental Services Corporations. › Section 22-21-361 - Definitions.

Section 22-21-361
Definitions.
The following terms shall have the meanings respectively ascribed by this section unless the context clearly indicates otherwise:
(1) COMMISSIONER. The commissioner of insurance of this state.
(2) DENTAL SERVICE PLAN or PLAN. Any plan or other arrangement whereby dental services are provided in whole or in part through a dental service corporation by dentists participating in the plan to provide dental services to those members of the public who become subscribers to the plan under a contract with such corporation. The terms "dental service plan" or "plan" do not include an insurer authorized by the insurance department to transact insurance in this state or to a nonprofit health insurance plan organized pursuant to Section 10-4-100, or to any policy of insurance or contract which includes dental benefits issued by such insurer or nonprofit health insurance plan.
(3) DEPARTMENT. The Department of Insurance.
(4) LICENSE. The certificate of authority issued by the Department of Insurance to dental service plan corporations authorizing such corporations to issue contracts to subscribers or groups for dental services, pursuant to dental service plans as provided in this law, or the license issued to employees or representatives of such corporations authorizing such persons to carry on the business of such corporations as provided in this law, whichever is appropriate.
(5) SUBSCRIBER. A member of the public or group who has contracted with a dental service plan corporation for the provision of dental services.
(Acts 1982, No. 82-463, p. 741, §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 12 - Dental Services Corporations. › Section 22-21-362 - Incorporation of Dental Service Plan Corporation; Management by Board of Directors.

Section 22-21-362
Incorporation of dental service plan corporation; management by board of directors.
(a) Any dental service plan corporation shall be incorporated under the provisions of the laws of Alabama, except to the extent that the provisions thereof are in conflict with the provisions of this article. Every charter or certificate of incorporation of such corporation shall have endorsed thereon or affixed thereto the consent of the commissioner of insurance.
(b) The affairs of any dental service plan corporation shall be managed by a board of directors composed of not fewer than five members, all of whom shall be residents of this state.
(Acts 1982, No. 82-463, p. 741, §3.)