Title 22 — Title 22

(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…

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 pu…

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. History: (Acts 1982, No. 82-418, p. 629, §25.)

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. History: (Acts 1982, No. 82-418, p. 629, §26.)

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, r…

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…

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 t…

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 s…

Under the circumstances listed below, an assisted living facility or a specialty care assisted living facility rising to the level of intermediate care may be subject to a civil money penalty imposed by the Board of Health not to exceed ten thousand dollars ($10,000) per instance…

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 corp…

Any public hospital corporation may be reincorporated under this article, avail itself of all rights, powers and privileges and become subject to all duties, obligations and responsibilities conferred or imposed by this article, in the following manner: (1) The board of directors…

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 cons…

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 …

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 o…

(a) For the purposes of this section, the term public school means kindergarten through grade 8, inclusive, of those educational institutions operated under the auspices of the State Board of Education. (b) The Alabama Department of Public Health may not issue or renew a health c…

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 th…

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 insti…

(a) Except as otherwise provided in the last sentence of this subsection, any authority that now exists, or that is hereafter organized or reincorporated (as the case may be) pursuant to the provisions of the enabling statute, shall have the power to amend its certificate of inco…

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 …

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…

In addition to the investment powers granted by the enabling statute, any authority shall, to the extent permitted by the contracts of such authority with the holders of its securities, have the further power to invest any portion of the principal proceeds derived from the sale o…

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 t…

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 Hea…

In addition to all other powers at any time conferred on it by law, and subject to any express provisions of its certificate of incorporation or certificate of reincorporation to the contrary, an authority shall (to the extent at the time not prohibited by the Constitution of Ala…

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 existin…

This article shall be known and cited as the “Alabama Dental Services Corporation Act.” History: (Acts 1982, No. 82-463, p. 741, §1.)

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 …

(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…

(a) The incorporators shall file with the commissioner an application for a certificate of authority to do business upon a form to be furnished by the department, which shall include or have attached the following: (1) The names, and for the preceding 10 years, all addresses and …

The commissioner shall issue a certificate of authority if he is satisfied that: (1) All requirements of law have been met; (2) All natural persons who are incorporators, the directors and principal officers of corporate incorporators, and the proposed directors and officers of t…

If the charter or certificate of incorporation of any proposed corporation specifies among its purposes the establishment, maintenance, and operation of a dental service plan, such charter or certificate of incorporation shall be referred by the Secretary of State to the Departme…

(a) The rates charged by a dental service plan corporation to the subscribers for dental services shall at all times be subject to the approval of the department. (b) Every contract between a dental service plan corporation and a dentist, whereby the plan provides for payment of …

No corporation subject to the provisions of this article shall issue contracts to subscribers for dental services pursuant to a dental service plan until the department has, by formal licenses, authorized it to do so. History: (Acts 1982, No. 82-463, p. 741, §8.)

Any proposed contracts issued to subscribers to the plan shall be written in a form that is readable and comprehensible by a layman of reasonable and ordinary intelligence, and shall: (1) Clearly set forth the services to which the subscriber is entitled under the contract. (2) C…

Any proposed contracts between the corporation and dentists participating in the plan shall: (1) List the responsibilities incurred by each party; (2) Delineate the procedures for the remuneration of dentists for services provided thereby; (3) Define and delineate the legal liabi…

Modification Orders; Hearing; Effect of Failure to Comply. (a) To assure the faithful performance of its obligations in the event of insolvency each dental service corporation authorized under Section 22-21-364 shall, through the commissioner, deposit and maintain with the Treasu…

and Certificates; Requirements; Grounds for Disapproval. (a) Dental service plan contracts may be written on individual, group, blanket or franchise basis. Each contractual obligation for such dental service(s) must be evidenced by a contract. Each person covered under a group co…

(a) No contract providing dental service corporation benefits may be executed in this state unless the subscription rates outlined in said contract have been filed with and approved by the commissioner. (b) Subscription rates must be established and justified in accordance with g…

Commissioner. (a) All contracts made between the corporation and participating dentists and all contracts with other providers of services by the dental service plan corporation must be filed with and approved by the commissioner, and any amendment or change thereto. (b) Dental s…

(a) A dental service corporation will pay the prescribed fees and taxes required of a disability insurer. (b) The following provisions of the insurance laws of this state apply to dental service corporations authorized by this article, to the extent that they are not inconsistent…

(a) The Department of Insurance shall issue a license to each applicant upon payment of the prescribed fees and upon being satisfied that: (1) The applicant has been organized in a bona fide manner for the purpose of establishing, maintaining, and operating a dental service plan.…

Persons representing or aiding a dental services corporation in the solicitation of dental service contracts in this state and the dental services corporation with respect thereto shall be subject to Chapters 7 and 8A of Title 27, except that dental services corporation producers…

and Controls. Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002. History: (Acts 1982, No. 82-463, p. 741, §18.)

Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002. History: (Acts 1982, No. 82-463, p. 741, §19.)

Registration. Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002. History: (Acts 1982, No. 82-463, p. 741, §20.)

Registration. Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002. History: (Acts 1982, No. 82-463, p. 741, §21.)

Hearing on Denial, Suspension or Revocation by Commissioner; Evidence and Investigation. Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002. History: (Acts 1982, No. 82-463, p. 741, §22.)

(a) If, pursuant to procedures provided for in this article, it is found that one or more grounds exist for the suspension or revocation of, or refusal to renew or continue, any registration issued under this article, and except when such suspension, revocation, or refusal is man…

All moneys received pursuant to this article shall be deposited to the credit of the Examiners’ Revolving Fund of the Department of Insurance. History: (Acts 1982, No. 82-463, p. 741, §24.)

Nothing contained herein shall be construed to regulate the practice of dentistry or limit the powers or authority of the Board of Dental Examiners in the regulation of the conduct of dentists. History: (Acts 1982, No. 82-463, p. 741, §25.)