reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5B - Alabama Lifespan Respite Resource Network Act. › Section 22-5B-4 - Alabama Lifespan Respite Resource Network.

Section 22-5B-4
Alabama Lifespan Respite Resource Network.
There is created the Alabama Lifespan Respite Resource Network as the statewide entity that shall do the following:
(1) Address issues relating to respite care in our state.
(2) Maintain a statewide system that facilitates the availability and use of high quality, cost-effective lifespan respite services that provide caregivers the break they need from caring for a loved one with disability or chronic illness.
(3) Develop and coordinate the Alabama Lifespan Respite Coalition.
(4) Work in collaboration with the eligible state agency and the Governor's Office to access funding through the federal Lifespan Respite Care Act of 2006 (PL109-442).
(5) Identify statewide respite care providers.
(6) Maintain a directory of respite services in Alabama and link family caregivers with respite care providers and other types of respite-related programs.
(7) Provide technical assistance to community-based organizations and other entities that wish to develop a respite care program.
(8) Provide voucher respite funding to eligible primary caregivers as funds are available.
(9) Provide information and referral services.
(10) Provide an easy to access and/or interactive information avenue, such as a toll-free number or informational website like www.alabamarespite.org, to share current news about respite including new resources, training opportunities, and information for caregivers.
(11) Offer family caregiver training through partnership with other agencies or other organizations or advocacy groups.
(Act 2012-410, p. 1115, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5B - Alabama Lifespan Respite Resource Network Act. › Section 22-5B-5 - Alabama Lifespan Respite Coalition.

Section 22-5B-5
Alabama Lifespan Respite Coalition.
(a) There is created the Alabama Lifespan Respite Coalition composed of members who shall be culturally, economically, and geographically diverse and representative of the state demographics and appointed by the Governor or his or her designee. The membership may include, but is not limited to, the following:
(1) The Chair of the House Ways and Means Committee on Education.
(2) The Chair of the Senate Judiciary Committee.
(3) The Chair of the House of Representatives Health Committee.
(4) The Chair of the Senate Health Committee.
(5) A member from the Governor's Office on Disability.
(6) A member from the Department of Senior Services.
(7) A member from the Department of Medicaid.
(8) A member from the Department of Rehabilitation Services.
(9) A member from the Department of Human Resources.
(10) A member from the Alabama Health Department.
(11) A member from the Department of Child Abuse and Neglect Prevention.
(12) A member from the Department of Mental Health.
(13) A member from the Alabama Council for Developmental Disabilities.
(14) A representative from a United Cerebral Palsy affiliate in Alabama.
(15) A representative from a statewide advocacy or support group.
(16) A representative from a community respite initiative or program.
(17) A representative from a collaborative training partner.
(18) Two family caregivers representing diverse special needs populations.
(19) Two respite care providers.
(20) A representative from the Autism Society of Alabama.
(21) A representative from the Alabama Hospice Organization.
(22) A representative from the American Association of Retired Persons.
(b) The members of the coalition shall meet at least twice a year, and at such other times as the chair of the coalition deems appropriate. Members shall serve without compensation. A chair of the coalition shall be elected by the membership at the first meeting of the coalition. Members shall be appointed for three-year terms and may be eligible to succeed themselves for one additional term. Members shall be appointed to the coalition by August 30, 2012. Any member who fails to attend three consecutive meetings or at least one-half of all coalition meetings held during the calendar year shall be deemed to have resigned. Vacant positions shall be filled for any expired term by the respective appointing authorities.
(c) The coalition shall have the following responsibilities:
(1) Build partnerships and coordinate respite care efforts statewide, and prepare Alabama to compete for federal funding as the Lifespan Respite Act is funded.
(2) Provide public awareness about respite to the citizens of Alabama.
(3) Identify, coordinate, and develop community/funding resources for respite services.
(4) Build local partnerships and collaborations regarding respite services.
(Act 2012-410, p. 1115, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5B - Alabama Lifespan Respite Resource Network Act. › Section 22-5B-6 - Meetings; Coordination of Activities; Funding.

Section 22-5B-6
Meetings; coordination of activities; funding.
(a) The Alabama Lifespan Respite Resource Network shall be designated as the entity to facilitate a minimum of two meetings per year for the Alabama Lifespan Respite Coalition and to coordinate activities and initiatives of the coalition and that the Alabama Lifespan Respite Coalition shall be the statewide respite coalition referred to in the Federal Lifespan Respite Care Act of 2006 (PL109-442). Alabama Respite will work in coordination with the eligible state agency, as mandated by the act, to develop a Memorandum of Agreement with the eligible state agency in order to allow Alabama to compete for federal funding.
(b) Should funding be obtained through the act, the coalition will support Alabama Respite's efforts to actively develop and continue respite-related services with funds utilized for the following mandated purposes:
(1) Development or enhancement of lifespan respite programs at state and local levels.
(2) Direct respite care services for family caregivers caring for children or adults.
(3) Respite worker and volunteer training and recruitment.
(4) Provision of information to caregivers about available respite services.
(5) Assistance to caregivers in gaining access to such services.
Optional uses of the funds may include:
(1) Training programs for Alabama's family caregivers to assist them in making informed decisions about respite care services.
(2) Other services essential to the provision of respite care as specified in the proposal process.
(3) Training and education for new caregivers.
(Act 2012-410, p. 1115, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5C - Palliative Care and Quality of Life. › Section 22-5C-1 - Purpose.

Section 22-5C-1
Purpose.
The purpose of this chapter is to improve consumer awareness of patient centered and family focused palliative care in this state by establishing a State Advisory Council on Palliative Care and Quality of Life within the State Health Department and to provide for the establishment within the department of a palliative care consumer and professional information and education program.
(Act 2015-207, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5C - Palliative Care and Quality of Life. › Section 22-5C-2 - State Advisory Council on Palliative Care and Quality of Life.

Section 22-5C-2
State Advisory Council on Palliative Care and Quality of Life.
(a) Not later than November 23, 2015, the State Health Department shall establish a State Advisory Council on Palliative Care and Quality of Life within the department.
(b) The council membership shall be appointed by the State Health Officer and shall include interdisciplinary palliative care medical, nursing, social work, pharmacy, and spiritual professional expertise; patient and family caregiver advocate representation, and any other relevant appointees the State Health Officer determines appropriate. The State Health Officer shall consider the racial, gender, geographic, urban/rural, and economic diversity of the state when appointing members. Membership shall specifically include health professionals having palliative care work experience or expertise in palliative care delivery models in a variety of inpatient, outpatient, and community settings such as acute care, long-term care, and hospice and with a variety of populations, including pediatric, youth, and adults. At least one council member shall be a board-certified hospice and palliative medicine physician and one member a licensed Certified Registered Nurse Practitioner. At least one council member shall be designated by the Alabama Hospital Association, at least one council member shall be designated by the Alabama Nursing Home Association, and at least one council member shall be designated by the Alabama Hospice and Palliative Care Organization. Council members shall be appointed for a term of three years, but may be replaced at the discretion of the State Health Officer. The members shall elect a chair and vice chair whose duties shall be established by the council. The council shall fix a time and place for regular meetings and shall meet not less than twice yearly.
(c) Council members shall receive no compensation for their services.
(d) The State Advisory Council on Palliative Care and Quality of Life shall consult with and advise the State Health Officer and the department on matters related to the establishment, maintenance, and operation of palliative care initiatives in this state.
(Act 2015-207, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5C - Palliative Care and Quality of Life. › Section 22-5C-3 - Palliative Care Information and Education Program.

Section 22-5C-3
Palliative Care Information and Education Program.
(a) There is created a statewide Palliative Care Information and Education Program in the State Health Department. The purpose of the palliative care information and education program is to maximize the effectiveness of palliative care initiatives in the state by ensuring that comprehensive and accurate information and education about palliative care is available to the public, health care providers, and health care facilities. The department shall publish on its website information and resources, including links to external resources, about palliative care for the public, health care providers, and health care facilities. This information shall include, but not be limited to, continuing educational opportunities for health care providers; information about palliative care delivery in the home and in other primary, secondary, and tertiary environments; and consumer educational materials and referral information for palliative care, including hospice. The department may develop and implement any other initiatives regarding palliative care services and education that the department determines would further the purposes of this section.
(b) The department shall consult with the State Advisory Council on Palliative Care and Quality of Life in implementing this section.
(c) The information gathered by the State Advisory Council on Palliative Care and Quality of Life, and any information published by the State Department of Public Health pursuant to this chapter, shall not be construed to establish a standard of care for physicians and hospitals, as hospitals are defined in Section 22-21-20, or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1987 or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-540, or any amendment thereto, or any judicial interpretation thereof. A physician or hospital shall not have legal liability or responsibility for claims resulting or derived from any of the information produced or disseminated pursuant to this chapter.
(Act 2015-207, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5D - Gabe Griffin Right to Try Act. › Section 22-5D-1 - Short Title.

Section 22-5D-1
Short title.
This chapter shall be known and may be cited as the Gabe Griffin Right to Try Act.
(Act 2015-320, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5D - Gabe Griffin Right to Try Act. › Section 22-5D-3 - Availability to Eligible Patient of Investigational Drug, Biological Product, or Device.

Section 22-5D-3
Availability to eligible patient of investigational drug, biological product, or device.
(a) The manufacturer of an investigational drug, biological product, or device may make available and an eligible patient may request the manufacturer's investigational drug, biological product, or device under this chapter. This chapter does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient.
(b) A manufacturer may do all of the following:
(1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation.
(2) Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device.
(Act 2015-320, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5D - Gabe Griffin Right to Try Act. › Section 22-5D-4 - Coverage and Costs.

Section 22-5D-4
Coverage and costs.
(a) This chapter does not expand the coverage required of an insurer.
(b) A health plan, third party administrator, or governmental agency is not required to provide coverage for the cost of an investigational drug, biological product, or device, or the cost of services related to the use of an investigational drug, biological product, or device under this chapter.
(c) This chapter does not require any governmental agency to pay costs associated with the use, care, or treatment of a patient with an investigational drug, biological product, or device.
(d) This chapter does not require a hospital or other health care facility to provide new or additional services, unless approved by the hospital or facility.
(Act 2015-320, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5D - Gabe Griffin Right to Try Act. › Section 22-5D-5 - Liability of Heirs.

Section 22-5D-5
Liability of heirs.
If a patient dies while being treated by an investigational drug, biological product, or device, the patient's heirs are not liable for any outstanding debt related to the treatment or lack of insurance due to the treatment.
(Act 2015-320, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5D - Gabe Griffin Right to Try Act. › Section 22-5D-6 - Effect on License or Certification.

Section 22-5D-6
Effect on license or certification.
A licensing board or disciplinary subcommittee shall not issue a letter of concern or similar form of reprimand, nor revoke, fail to renew, suspend, or take any action against a health care provider's license issued under Title 34, based solely on the health care provider's recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device. An entity responsible for Medicare certification shall not reprimand or take action against a health care provider's Medicare certification based solely on the health care provider's recommendation that a patient have access to an investigational drug, biological product, or device.
(Act 2015-320, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5D - Gabe Griffin Right to Try Act. › Section 22-5D-7 - Relation to Other Laws and Professional Obligations.

Section 22-5D-7
Relation to other laws and professional obligations.
(a) Nothing in this chapter shall be construed to establish a standard of care for physicians or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1987 or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-540 et seq., or any amendment thereto, or any judicial interpretation thereof.
(b) This chapter does not require a medical professional who is licensed under the laws of this state to counsel, advise, prescribe, dispense, administer, or otherwise be involved in the care of an eligible patient using an investigational drug, biological product, or device.
(c) This chapter does not require a hospital licensed under Section 22-21-25 to provide any service related to an investigational drug, biological product, or device.
(Act 2015-320, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5D - Gabe Griffin Right to Try Act. › Section 22-5D-8 - Additional Coverage Not Required Under Medicaid.

Section 22-5D-8
Additional coverage not required under Medicaid.
This chapter does not require the Alabama Medicaid Program to provide additional coverage for an investigational drug, biological product, or device.
(Act 2015-320, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5D - Gabe Griffin Right to Try Act. › Section 22-5D-9 - Blocking Access Prohibited; Counseling, etc., Permitted.

Section 22-5D-9
Blocking access prohibited; counseling, etc., permitted.
An official, employee, or agent of this state shall not block or attempt to block an eligible patient's access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider is not a violation of this section.
(Act 2015-320, §9.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5D - Gabe Griffin Right to Try Act. › Section 22-5D-10 - Private Cause of Action Not Created Under Chapter.

Section 22-5D-10
Private cause of action not created under chapter.
This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against any licensed health care provider, other person, or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to the eligible patient resulting from the investigational drug, biological product, or device, if the manufacturer or other person or entity is complying in good faith with the terms of this chapter, unless there was a failure to exercise reasonable care.
(Act 2015-320, §10.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-1 - Appropriations.

Section 22-6-1
Appropriations.
All revenue, income and receipts for operation of the Medicaid (Title 19) Program received by the State Health Department shall be appropriated for expenditure of that program.
(Acts 1971, No. 2250, p. 3614, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-2 - Payment of Contract Adjustments.

Section 22-6-2
Payment of contract adjustments.
All Medicaid (Title 19) contract adjustments of a prior year with hospitals, nursing homes and others shall become payable from current fiscal year appropriations during which such cost shall become definite and ascertainable as a result of audit.
(Acts 1971, No. 2250, p. 3614, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-3 - Disposition of Fund Balances.

Section 22-6-3
Disposition of fund balances.
(a) All balances of revenue, income and receipts remaining in the Medicaid Fund at the end of a fiscal year shall carry over to the next fiscal year and shall not revert to the State General Fund under the provisions of Section 41-4-93.
(b) All balances carried forward to the next fiscal year shall be reapportioned for expenditure for operation of the Medicaid Program.
(Acts 1971, No. 2250, p. 3614, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-4 - Copayments by Persons Receiving Medical Services From Physicians Under Program.

Section 22-6-4
Copayments by persons receiving medical services from physicians under program.
(a) All persons eligible to receive Medicaid shall pay the sum of $1.00 for each visit as a copayment for medical services provided by a physician under the Medicaid Program.
(b) The $1.00 copayment shall be collected by the attending physician and credited against the Medicaid payment to the physician for the visit.
(c) The provisions of this section shall become effective only upon the approval of the Department of Health, Education and Welfare of the federal government.
(Acts 1976, No. 626, p. 860; Acts 1977, No. 703, p. 1243.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-4.1 - Copayments by Persons Receiving Medical Services From Physicians or Other Medical Practitioners Under Program.

Section 22-6-4.1
Copayments by persons receiving medical services from physicians or other medical practitioners under program.
(a) Medicaid eligible persons shall pay a $2.00 copayment for medical services provided by a physician or other medical practitioner under the Medicaid Program.
(b) The $2.00 copayment shall be collected by the provider of services and credited against the Medicaid payment to the provider for the service.
(c) Medical services shall include any services covered by the Medicaid Program and rendered by a physician or other medical practitioner.
(d) The provisions of this section shall not be effective if they are found by a court of competent jurisdiction to contravene federal laws or federal regulations applicable to the Medicaid Program.
(Acts 1980, No. 80-126, p. 189.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-4.2 - Copayments for Prescription Drugs.

Section 22-6-4.2
Copayments for prescription drugs.
(a) Medicaid eligible persons shall pay the maximum allowable copayment under federal law or administrative regulation for each prescription drug received under the Medicaid Program, except for designated exemptions.
(b) Said maximum allowable copayment shall be collected by the dispensing pharmacy and credited against the Medicaid payment to the pharmacy for the drug.
(c) Designated exemptions include prescriptions for family planning drugs and those used in the treatment of persons participating in the Medicaid Early and Periodic Screening, Diagnosis and Treatment Program.
(d) The provisions of this section shall not be effective if they are found by a court of competent jurisdiction to contravene federal laws or federal administrative regulations applicable to the Medicaid Program.
(Acts 1980, No. 80-155, p. 226.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-5.1 - Collection of Patient's Income by Tax Collector; Payment to Medicaid Agency; Exceptions; Rules and Regulations.

Section 22-6-5.1
Collection of patient's income by tax collector; payment to Medicaid Agency; exceptions; rules and regulations.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1980, No. 80-113, p. 164.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-6 - Subrogation of State to Rights of Recipients of Medical Assistance Under Program Against Persons, etc., Causing Injury, etc., Thereto; Manner of Enforcement of Rights of State; Effect of Action by State or Recipient Against Person, etc., Causing Injury, etc., Upon Rights of Other; Provision of Written Notice, etc., by Recipients Instituting Civil Actions for Damages.

Section 22-6-6
Subrogation of state to rights of recipients of medical assistance under program against persons, etc., causing injury, etc., thereto; manner of enforcement of rights of state; effect of action by state or recipient against person, etc., causing injury, etc., upon rights of other; provision of written notice, etc., by recipients instituting civil actions for damages.
(a) If medical assistance is provided to a recipient under the Alabama Medicaid Program for injuries, disease or sickness caused under circumstances creating a cause of action in favor of the recipient against any person, firm or corporation, then the State of Alabama shall be subrogated to such recipient's rights and shall be entitled to recover the proceeds that may result from the exercise of any rights of recovery which the recipient may have against any such person, firm or corporation to the extent of the actual amount of the medical assistance payments made by the Alabama Medicaid Program. The recipient shall execute and deliver instruments and papers to do whatever is necessary to secure such rights and shall do nothing after said medical assistance is provided to prejudice the subrogation rights of the State of Alabama.
(b) The State of Alabama may, to enforce such rights, institute and prosecute legal proceedings against any such person, firm or corporation against whom such recovery rights arise, intervene or join any action or proceeding brought by such recipient against such person, firm or corporation or compromise or settle any such claim. No action taken by the State of Alabama shall operate to deny such recipient's recovery for that portion of his damages not subrogated to the State of Alabama under subsection (a) of this section and no action of the recipient shall prejudice the state's subrogation rights.
(c) Any such recipient seeking to recover damages relating to or in any wise connected with such circumstances giving rise to recovery rights who institutes any civil action against such party shall, within 10 days of filing thereof, provide the director of the Alabama Medicaid Program and the Attorney General of the State of Alabama a written notice thereof and a copy of the complaint and all amendments thereto.
(Acts 1976, No. 692, p. 959.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-6.1 - Assignment to State of Recipients' Rights to Payments for Medical Care; Authorization to Release Needed Information.

Section 22-6-6.1
Assignment to state of recipients' rights to payments for medical care; authorization to release needed information.
(a) Every recipient of medical assistance under the Alabama Medicaid Program shall be deemed to have made assignment to the State of Alabama of any and all rights of his to medical support or payments for medical care from any person, firm or corporation, together with the rights of any other individuals eligible for medical assistance for whom he can legally make assignment. This assignment shall be effective to the extent of the amount of medical assistance actually paid by the Medicaid Agency. The recipient shall cooperate fully with the Medicaid Agency in its efforts to secure such rights, and shall execute and deliver all instruments and papers needed by the Medicaid Agency in this regard.
(b) Every recipient of medical assistance under the Alabama Medicaid Program shall be deemed to have authorized all third parties, including insurance companies and providers of medical care, to release to the Medicaid Agency all information needed by the agency to secure or enforce its rights as assignee under subsection (a) of this section.
(Acts 1980, No. 80-156, p. 227, §§1, 2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-7 - Medicaid Agency Authorized to Contract With Fiscal Intermediaries for Purpose of Receiving, Processing, and Paying Claims.

Section 22-6-7
Medicaid Agency authorized to contract with fiscal intermediaries for purpose of receiving, processing, and paying claims.
(a) The Medicaid Agency of the State of Alabama, the single state agency charged with responsibility for administering the Alabama Medicaid Program, is hereby authorized to contract, for periods not to exceed seven years, with one or more fiscal intermediaries for the purpose of receiving, processing, and paying claims for services rendered recipients of the Alabama Medicaid Program; provided, that such contracts shall comply in all other respects with the provisions of the Alabama Competitive Bid Law as codified in Sections 41-16-20 through 41-16-32, as amended.
(b) The provisions of subsection (a) notwithstanding, the Medicaid Agency of the State of Alabama may extend the present contract in existence on September 1, 2007, for two additional years through September 30, 2011.
(Acts 1978, 2nd Ex. Sess., No. 93, p. 1793; Acts 1987, No. 87-279, p. 388; Act 2007-469, p. 991, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-7.1 - Procurement of Prescription Eyewear.

Section 22-6-7.1
Procurement of prescription eyewear.
Contracts for the procurement of prescription eyewear for recipients of the Alabama Medicaid Program which are competitively bid may be awarded to the bidder whose proposal is the most advantageous to the state for periods not to exceed three years taking into consideration cost factors, program stability factors, technical factors including understanding of program requirements, management plan, excellence of program design, key personnel, corporate or company resource and designated location, and other factors including financial condition and capability of the bidder, corporate experience and past performance and priority of the business to insure the contract awarded is the best for the purposes required. Each of these criteria shall be given relative weight value as designated in the invitation to bid. Responsiveness to the bid shall be scored for each designated criteria. If, for reasons cited above, the bid selected is not from the lowest bidding contractor, the Alabama Medicaid Agency must state its reasons for not recommending award to the low bidder to the awarding authority prior to the final awarding of any such contract; provided that such contracts shall comply in all other respects with the provisions of the Alabama Competitive Bid Law as codified in Sections 41-16-20 through 41-16-32. As used in this section, contracts for the procurement of prescription eye wear shall not include professional examination of the eye conducted for the purpose of measuring visual acuity and prescribing corrective lenses. The provisions of Section 38-1-2 shall remain in full force and effect.
(Acts 1989, No. 89-657, p. 1302.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-8 - Revocation of Eligibility of Recipient Upon Determination of Abuse, Fraud, or Misuse of Benefits; When Eligibility May Be Restored; Award of Restricted Status to Pregnant Recipient Whose Eligibility Has Been Revoked.

Section 22-6-8
Revocation of eligibility of recipient upon determination of abuse, fraud, or misuse of benefits; when eligibility may be restored; award of restricted status to pregnant recipient whose eligibility has been revoked.
(a) Upon determination by a utilization review committee of the designated State Medicaid Agency that a Medicaid recipient has abused, defrauded, or misused the benefits of the program said recipient shall immediately become ineligible for Medicaid benefits.
(b) Medicaid recipients whose eligibility has been revoked due to abuse, fraud or other deliberate misuse of the program shall not be deemed eligible for future Medicaid services for a period of not less than one year and until full restitution has been made to the designated State Medicaid Agency.
(c) When a Medicaid recipient, whose eligibility has been revoked due to abuse, fraud, or other deliberate misuse of the program, reapplies for coverage during the period of suspension due to pregnancy, the utilization review committee for the State Medicaid Agency may change the suspended status of the recipient to restricted status where it has been determined that it would be in the best interest of the unborn child for the mother to receive coverage for pregnancy related services. Where such a change in status is granted, the case will be reconsidered by the utilization review committee within sixty days after the birth of the child for further action.
(d) The provisions of this section shall not be effective if they are found by a court of competent jurisdiction to contravene federal laws or federal regulations applicable to the Medicaid Program.
(Acts 1980, No. 80-127, p. 190; Acts 1989, No. 89-530, p. 1080.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-9 - Medicaid Identification Card; Issuance and Use; Confidentiality of Recipient.

Section 22-6-9
Medicaid identification card; issuance and use; confidentiality of recipient.
(a) The Department of Human Resources shall issue to all eligible recipients a special color picture medicaid identification card, which shall be separate from and entirely distinct from the valid color picture driver license or non-driver identification card. The Medicaid identification card shall be issued only on presentation of proper identification and evidence of medicaid eligibility. The identification card shall be used as identification to providers of medical service, and the identification card shall contain a suitable medium which when used with a suitable data processing system, to be developed by the Department of Human Resources with the technical assistance and advice of the Alabama Criminal Justice Information Center, can provide real-time verification of Medicaid eligibility by the provider.
(b) The Department of Human Resources shall make provision for adequate protection of the confidentiality of the Medicaid recipient.
(c) The provisions of this section are not severable. If any part of this section is declared invalid or unconstitutional, the entire section shall be declared invalid or unconstitutional.
(d) The provisions of this section shall not be effective if they are found by a court of competent jurisdiction to contravene federal laws or federal regulations applicable to the Medicaid Program which would cause the State of Alabama to become ineligible to receive federal Medicaid funds.
(e) The provisions of this section shall become operational and shall be implemented no later than January 1, 1981.
(Acts 1980, No. 80-183, p. 260.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-10 - Women's Right to Health Care.

Section 22-6-10
Women's right to health care.
(a) This section shall be known and may be cited as the "Women's Right to Health Care Act."
(b) Any state program funded under Title XIX of the federal Social Security Act, 42 U.S.C. Section 1396 et seq., and any other publicly funded state health care program which provides coverage for mastectomy surgery shall also provide coverage for reconstruction of the breast on which surgery has been performed and surgery and reconstruction of the other breast to produce a symmetrical appearance if the patient is eligible for Medicaid and elects reconstruction within two years of the mastectomy surgery and in the manner chosen by the patient and the physician, in accordance with guidelines consistent with Medicare and other third party payers. Reimbursement is allowed only for breast reconstructive surgery following a medically necessary mastectomy when performed for the removal of cancer. As used in this section, the term "reconstruction" shall also include augmentation mammoplasty, reduction mammoplasty following a mastectomy as treatment for removal of cancer, and mastoplexy.
(Act 2000-763, p. 1745, §§1, 2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-12 - Suspension of Eligibility for Inmates of Certain Public Institutions; Temporary Reinstatement.

Section 22-6-12
Suspension of eligibility for inmates of certain public institutions; temporary reinstatement.
(a) An inmate of a public institution under the administrative control or responsibility of the Department of Corrections shall have his or her eligibility for Medicaid suspended, but not terminated, provided he or she is otherwise eligible for Medicaid benefits.
(b) An inmate of a public institution under the administrative control or responsibility of the Department of Corrections who is otherwise eligible for Medicaid benefits shall be eligible for temporary reinstatement of Medicaid eligibility for care received outside of such a public institution as an inpatient in a medical institution for more than 24 hours.
(c) A public institution under the administrative control or responsibility of the Department of Corrections may make efforts to establish eligibility for or renew Medicaid eligibility for an inmate prior to his or her release from the public institution.
(Act 2016-418, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 1 - General Provisions. › Section 22-6-14 - Autism Spectrum Disorder Coverage and Reimbursement Under Alabama Medicaid Program.

Section 22-6-14
Autism Spectrum Disorder coverage and reimbursement under Alabama Medicaid program.
In the administration of and provision of benefits for the Alabama Medicaid program, the Alabama Medicaid Agency, on and after December 31, 2018, shall provide coverage and reimbursement for the treatment of Autism Spectrum Disorder in the same manner and same levels as health benefit plans.
(Act 2017-337, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 2 - Long Term Quality Health Care Act. › Section 22-6-20 - Legislative Intent.

Section 22-6-20
Legislative intent.
The Legislature recognizes the increasing population of our senior citizens and the importance of ensuring that each receives quality health care. The Medicaid Agency of the State of Alabama, hereinafter referred to as "Medicaid", shall have the power to enforce specific remedies to ensure compliance with OBRA.
(Acts 1989, No. 89-641, p. 1268, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 2 - Long Term Quality Health Care Act. › Section 22-6-21 - Short Title.

Section 22-6-21
Short title.
This article shall be known as "The Long Term Quality Health Care Act."
(Acts 1989, No. 89-641, p. 1268, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 2 - Long Term Quality Health Care Act. › Section 22-6-22 - Reference to Federal Law.

Section 22-6-22
Reference to federal law.
Any reference contained in this article to federal law or compliance with federal law shall be a reference to compliance with the Omnibus Budget Reconciliation Act of 1987, P. L. 100-203, hereinafter referred to as "OBRA."
(Acts 1989, No. 89-641, p. 1268, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 2 - Long Term Quality Health Care Act. › Section 22-6-23 - "Facility" Defined.

Section 22-6-23
"Facility" defined.
Where referred to in this article, facility shall mean intermediate care facility and skilled nursing facility licensed by the State Board of Health. More specific definitions shall be established by the department pursuant to the Alabama Administrative Procedures Act in order to comply with OBRA.
(Acts 1989, No. 89-641, p. 1268, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 2 - Long Term Quality Health Care Act. › Section 22-6-24 - Responsible Agency; Deposit of Funds; Appropriation.

Section 22-6-24
Responsible agency; deposit of funds; appropriation.
Medicaid is designated as the agency responsible to ensure compliance with the facility reform enforcement process provisions of OBRA. All funds received pursuant to this article shall be deposited with the treasury to credit of Medicaid and are hereby continually appropriated for the purpose of carrying out the provisions of this article.
(Acts 1989, No. 89-641, p. 1268, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 2 - Long Term Quality Health Care Act. › Section 22-6-25 - Enforcement Remedies; Adoption of Criteria.

Section 22-6-25
Enforcement remedies; adoption of criteria.
Medicaid shall have such specific civil remedies of enforcement as is required by OBRA as a minimum state enforcement remedy. In order to ensure compliance with this article, Medicaid rules and regulations and OBRA, Medicaid shall also specify criteria, as to when and how each of such enforcement remedies is to be applied, the amounts of any fines, and the severity of each of these remedies, to be used in the imposition of such remedies. Such criteria shall be designed so as to minimize the time between the identification of violations and final imposition of the remedies, and shall provide for the imposition of incrementally more severe fines for repeated or uncorrected deficiencies. Such enforcement remedies and criteria shall be promulgated by rule or regulation pursuant to the Alabama Administrative Procedures Act no later than October 1, 1989. Medicaid shall not have the power to implement such specific enforcement remedies until Medicaid has also adopted specific criteria as to when and how each of such remedies is to be applied, the amounts of any fines, and the severity of each of these remedies to be used in the imposition of such remedies.
(Acts 1989, No. 89-641, p. 1268, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 2 - Long Term Quality Health Care Act. › Section 22-6-26 - Health Department Functions and Responsibilities.

Section 22-6-26
Health department functions and responsibilities.
This article shall in no way supersede, replace or affect the licensing and certification responsibilities or other regulatory functions of the Health Department. All health care facilities licensing authority shall remain the responsibility of the Department of Public Health upon and after May 9, 1989.
(Acts 1989, No. 89-641, p. 1268, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 2 - Long Term Quality Health Care Act. › Section 22-6-27 - Resident Protection Trust Fund; Appropriation; Use.

Section 22-6-27
Resident Protection Trust Fund; appropriation; use.
All revenue collected pursuant to assessing civil penalties shall be deposited in the State Treasury to the credit of Medicaid in a trust fund known as The Resident Protection Trust Fund. This fund is hereby appropriated to Medicaid to be expended for the purpose of protecting the health and property of residents in nursing facilities found deficient and for assisting with relocating indigent residents when an action is taken under the auspices of this article. This fund may be used for the maintenance of a facility pending correction of deficiencies or closure and to reimburse residents for personal funds lost. All funds in excess of $50,000.00 may be used to provide technical assistance to facilities to return to full compliance with this article.
(Acts 1989, No. 89-641, p. 1268, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 3 - Health Care Trust Fund. › Section 22-6-30 - Fund Established; Purpose.

Section 22-6-30
Fund established; purpose.
There is hereby established the Alabama Health Care Trust Fund in the State Treasury for the purpose of further providing for the operation of the Medicaid Program and the maintenance and expansion of medical services available thereunder. This fund shall consist of revenues received from certain taxes levied on providers of medical services.
(Acts 1991, No. 91-125, p. 152, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 6 - Medicaid Program. › Article 3 - Health Care Trust Fund. › Section 22-6-31 - Moneys in Fund Appropriated to Alabama Medicaid Agency.

Section 22-6-31
Moneys in fund appropriated to Alabama Medicaid Agency.
All moneys deposited in said fund shall be available solely for appropriation by the Legislature to the Alabama Medicaid Agency. Said moneys shall be used and expended under the supervision of the Commissioner of the Alabama Medicaid Agency in order to accomplish the purposes of this article and in accordance with the terms of the appropriations from which the moneys are derived.
(Acts 1991, No. 91-125, p. 152, §2.)