Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-5-4 - ASSISTED LIVING FACILITIES › Appendix A - Code of Ala. 1975, Sections 22-21-20, et seq

Current through Register Vol. 42, No. 9, June 28, 2024
§
									22-21-20.
				Definitions.
For the purpose of this article, the following terms shall have
				the meanings respectively ascribed to them by this section:
(1) Hospitals. General and specialized hospitals, including
				ancillary services; independent clinical laboratories; rehabilitation centers;
				ambulatory surgical treatment facilities for patients not requiring
				hospitalization; end stage renal disease treatment and transplant centers,
				including free-standing hemodialysis units; abortion or reproductive health
				centers; hospices; health maintenance organizations; and other related health
				care institutions when such institution is primarily engaged in offering to the
				public generally, facilities and services for the diagnosis and/or treatment of
				injury, deformity, disease, surgical or obstetrical care. Also included within
				the term are long term care facilities such as, but not limited to, skilled
				nursing facilities, intermediate care facilities, assisted living facilities,
				and specialty care assisted living facilities rising to the level of
				intermediate care. The term "hospitals" relates to health care institutions and
				shall not include the private offices of physicians or dentists, whether in
				individual, group, professional corporation or professional association
				practice. This section shall not apply to county or district health
				departments.
(2) Person. The term includes individuals, partnerships,
				corporations, and associations. (Acts 1975, 3rd Ex. Sess., No. 140, p. 382,
				§1; Acts 1979, No. 79-798, p. 1461; Acts 1991, No. 91-548, p. 1010,
				§1; Act 2001-1058, 4th Sp. Sess., p. 1044, §1.)
§
									22-21-21. Purpose of
				Article.
The purpose of this article is to promote the public health,
				safety and welfare by providing for the development, establishment and
				enforcement of standards for the treatment and care of individuals in
				institutions within the purview of this article and the establishment,
				construction, maintenance and operation of such institutions which will promote
				safe and adequate treatment and care of individuals in such institutions. (Acts
				1949, No. 530, p. 835, §1; Acts 1962, Ex. Sess., No. 122, p. 157,
				§1.)
§
									22-21-22. License -- Required;
				exceptions.
No person shall establish, conduct or maintain any hospital as
				defined in Section
				22-21-20 without first obtaining
				the license provided in this article. Hospitals operated by the federal
				government and mental hospitals under the supervision of the board of trustees
				of the Alabama State Hospitals shall be exempt from the provisions of this
				article. (Acts 1949, No. 530, p. 835, §2; Acts 1962, Ex. Sess., No. 122,
				p. 157, §2.)
§
									22-21-23. License --
				Application.
Any person desiring licensing under this article shall apply to
				the State Board of Health therefore. The applicant shall state the name of the
				applicant and whether an individual, partnership, corporation or other entity,
				the type of institution for which a license is desired, the location thereof
				and the name of the person in direct supervision and charge thereof. The person
				in charge of such hospital must be at least 19 years of age and of reputable
				and responsible character. The applicant shall submit evidence of ability to
				comply with the minimum standards provided in this article or by regulations
				issued under its authority. (Acts 1949, No. 530, p. 835, §4; Act
				2001-1058, 4th Sp. Sess., p. 1044, §1.)
§
									22-21-24. License -- Fees;
				Expiration and Renewal; Accreditation
.
The application for a license to operate a hospital other than
				an assisted living facility or a specialty care assisted living facility rising
				to the level of intermediate care shall be accompanied by a standard fee of two
				hundred dollars ($200), plus a fee of five dollars ($5) per bed for each bed
				over 10 beds to be licensed in accordance with regulations promulgated under
				Section 22-21-28. Increase in a hospital's
				bed capacity during the calendar year is assessed at the standard fee of two
				hundred dollars ($200) plus five dollars ($5) each for the net gain in beds.
				The initial licensure fee and subsequent annual licensure renewal fee for an
				assisted living facility and for a specialty care assisted living facility
				rising to the level of intermediate care shall be two hundred dollars ($200)
				plus fifteen dollars ($15) for each bed. A license renewal application for any
				hospital, as defined by this article, which is not received by the expiration
				date in a properly completed form and accompanied by the appropriate renewal
				fee shall be subject to a late penalty equal to two hundred fifty dollars
				($250) or 100 percent of the renewal fee, whichever is greater. No fee shall be
				refunded. All fees received by the State Board of Health under the provision of
				this article shall be paid into the State Treasury to the credit of the State
				Board of Health and shall be used for carrying out the provisions of this
				article. A license granted under this article shall expire on December 31 of
				the year in which it was granted. A license certificate shall be on a form
				prescribed by the department, and shall be posted in a conspicuous place on the
				licensed premises. Licenses shall not be transferable or assignable and shall
				be granted only for the premises named in the application. Licenses may be
				renewed from year to year upon application, investigation, and payment of the
				required license fee, as in the case of procurement of the original license.
				All fees collected under this article are hereby appropriated for expenditure
				by the State Health Department. All hospitals which are accredited by the joint
				commission on accreditation of hospitals shall be deemed by the State Health
				Department to be licensable without further inspection or survey by the
				personnel of the State Department of Health. Further accreditation by the joint
				commission on accreditation of hospitals shall in no way relieve that hospital
				of the responsibility of applying for licensure and remitting the appropriate
				licensure fee as specified in this article. (Acts 1949, No. 530, p. 835,
				§5; Acts 1975, 3rd Ex. Sess., No. 140, p. 382, §2; Acts 1980, No.
				80-642, p. 1213; Acts 1988, 1st Ex. Sess., No. 88-902, p. 470; Act 2001-1058,
				4th Sp. Sess., p. 1044, §1.)
§
									22-21-25. License -- Issuance;
				Suspension or Revocation; New Applications After Revocation.
(a) The State Board of Health may grant licenses for the
				operation of hospitals which are found to comply with the provisions of this
				article and any regulations lawfully promulgated by the State Board of
				Health.
(b) The State Board of Health may suspend or revoke a license
				granted under this article on any of the following grounds:
(1) Violation of any of the provisions of this article or the
				rules and regulations issued pursuant thereto.
(2) Permitting, aiding or abetting the commission of any
				illegal act in the institution.
(3) Conduct or practices deemed by the State Board of Health to
				be detrimental to the welfare of the patients of the institution.
(c) Before any license granted under this article is suspended
				or revoked, written notice shall be given the licensee, stating the grounds of
				the complaint, and the date, time, and place set for the hearing of the
				complaint, which date of hearing shall be not less than 30 days from the date
				of the notice. The notice shall be sent by registered or certified mail to the
				licensee at the address where the institution concerned is located. The
				licensee shall be entitled to be represented by legal counsel at the
				hearing.
(d) If a license is revoked as provided in this section, a new
				application for license shall be considered by the State Board of Health if,
				when, and after the conditions upon which revocation was based have been
				corrected and evidence of this fact has been furnished. A new license shall
				then be granted after proper inspection has been made and all provisions of
				this article and rules and regulations promulgated under this article have been
				satisfied. (Acts 1949, No. 530, p. 835, §7; Act 2001-1058, 4th Sp. Sess.,
				p. 1044, §1.)
§
									22-21-26. License -- Judicial
				Review of Suspension or Revocation.
Any party aggrieved by a final decision or order of the Board
				of Health suspending or revoking a license is entitled to a review of such
				decision or order by taking an appeal to the circuit court of the county in
				which the hospital is located or is to be located. (Acts 1949, No. 530, p. 835,
				§11.)
§
									22-21-27. Advisory
				Board.
(a) There shall be an advisory board of 17 members to assist in
				the establishment of rules, regulations, and standards necessary to carry out
				the provisions of this article and to serve as consultants to the State Health
				Officer. The board shall meet at least twice each year and at the call of the
				State Health Officer. The members of the board shall annually elect one of its
				members to serve as chairman.
(b) The advisory board shall be constituted in the following
				manner:
(1) Four representatives of hospitals, who shall be appointed
				by the Board of Trustees of the Alabama Hospital Association as follows:
a. One administrator of a governmental hospital.
b. One administrator of a nongovernmental nonprofit
				hospital.
c. One owner or administrator of a proprietary hospital.
d. One member of a managing board of a nonprofit
				hospital.
(2) Three representatives who shall be doctors of medicine
				appointed by the Board of Censors of the Medical Association of the State of
				Alabama.
(3) One representative who shall be a registered nurse
				appointed by the Executive Board of the Alabama State Nurses
				Association.
(4) One representative from the State Board of Human Resources
				who shall be appointed by the board.
(5) One registered pharmacist actively engaged in the practices
				of pharmacy in the State of Alabama, to be appointed by the Executive Committee
				of the Alabama Pharmacy Association.
(6) Three members who shall be appointed by the Executive
				Committee of the Alabama Nursing Home Association, each of whom shall be the
				operator of a duly qualified licensed nursing home.
(7) One member who shall be appointed by the Alabama Hospice
				Association.
(8) Two members who shall be appointed by the Assisted Living
				Association of Alabama, one of whom shall be the operator of a licensed
				assisted living facility or licensed specialty care assisted living facility
				rising to the level of intermediate care with 16 or fewer beds, and one of whom
				shall be the operator of an assisted living facility or licensed specialty care
				assisted living facility rising to the level of intermediate care with more
				than 16 beds.
(9) One member who shall be appointed by the Governor to
				represent the interests of consumers. The consumer representative shall be at
				least 65 years of age and shall have no financial interest in any facility
				licensed under this article. Each new appointee shall serve for five years or
				until his or her successor is appointed, whichever is later. Any vacancy caused
				by a member leaving the position before the expiration of his or her term shall
				be filled by the organization selecting the original member. The replacement
				member appointed shall serve for the remainder of the unexpired term.
(c) A member of the advisory board shall not be eligible to
				succeed himself or herself after serving one full five-year term, but shall be
				eligible for reappointment if he or she has served only a portion of a
				five-year term or if he or she has not served immediately preceding the
				reappointment.
(d) Members of the advisory board shall serve without
				compensation, but shall be entitled to reimbursement for expenses incurred in
				the performance of the duties of the office at the same rate allowed state
				employees pursuant to general law. (Acts 1949, No. 530, p. 835, §9; Acts
				1959, No. 134, p. 656, §1; Acts 1991, No. 91-548, p. 1010, §1; Act
				2001-1058, 4th Sp. Sess., p. 1044, §1.)
Authors:
Rick Harris, Kelley Mitchell
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-20, et seq.