Title 22 — Title 22
0 chapters · 1,650 sections in this title.
Ala. Code § 22-3-9 Appointment of Sanitary Officers
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In counties in which there are no health officers, and in counties in which, although there are health officers, adequate provision has not, in the opinion of the State Board of Health, been made for the proper notification, investigation and control of notifiable diseases and in…
Ala. Code § 22-3A-1 Legislative Findings and Declarations
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The Legislature hereby finds and declares that it is necessary, desirable and in the public interest that additional facilities be made available in this state for public health purposes. It is the intention of the Legislature by the passage of this chapter to authorize the forma…
Ala. Code § 22-3A-10 Authentication of Bonds
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The bonds shall be signed by the president of the authority and attested by its secretary; and a facsimile of the signatures of both of said officers may be printed or otherwise reproduced on any of the bonds in lieu of being manually signed if the proceedings under which the bon…
Ala. Code § 22-3A-11 Sale of Bonds
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Bonds of the authority (including refunding bonds) may be sold at such price(s) and at such time(s) as the directors may consider advantageous, either at public sale through competitive bidding or by private sale through negotiation with the prospective purchaser. The authority m…
Ala. Code § 22-3A-12 Nature of Bonds
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The bonds shall not be general obligations of the authority but shall be limited obligations payable solely from one or more specified sources, including, but not limited to, the revenues and funds appropriated and pledged therefor or authorized to be pledged therefor in Section …
Ala. Code § 22-3A-13 Tax Exemption; Use of Bonds as Security; Investment in Bonds
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The bonds and the income therefrom shall be exempt from all taxation in the state. Any of the bonds may be used by the holder thereof as security for the deposit of any funds belonging to the state or to any instrumentality or agency of the state in any instance where security fo…
Ala. Code § 22-3A-14 Refunding Bonds
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(a) Any bonds issued by the authority under this chapter may from time to time thereafter be refunded by the issuance of refunding bonds of the authority; provided, however, that no refunding bonds shall be issued unless the present value of all debt service on the refunding bond…
Ala. Code § 22-3A-15 Disposition of Proceeds of Bonds; Public Health Facilities Building Fund; Powers of Authority; Improvement and
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Construction Defined; Supervision; Bidding. (a) The proceeds of the bonds, other than refunding bonds, remaining after paying the expenses of their sale and issuance shall be turned in to the State Treasury and all income derived from the investment of said proceeds (including in…
Ala. Code § 22-3A-16 Appropriation Made; Debt Service Reserve Fund Established
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(a) For the purpose of providing funds to enable the authority to pay on their respective due dates the principal of and the interest and premium (if any) on any bonds issued by it under the provisions of this chapter and to accomplish the objects of this chapter, there is hereby…
Ala. Code § 22-3A-17 Obligations, Etc., as Obligations of Authority and Not State
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All contracts made, obligations incurred and bonds issued by the authority shall be solely and exclusively obligations of the authority and shall not create obligations or debts of the state. History: (Acts 1990, No. 90-598, §17.)
Ala. Code § 22-3A-18 Investment of Proceeds from Bond Sale; When Authorized; Application of Income
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Prior to the completion of all public health facilities described in Section 22-3A-19, any portion of the principal proceeds derived from the sale of the bonds which the board of directors may determine is not then needed for any of the purposes for which the bonds are authorized…
Ala. Code § 22-3A-19 Certain Public Health Facilities as Primary Obligation of Authority; Reimbursement to Counties; Refinancing or Refunding
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of Obligations. (a) As its primary obligation under this chapter, the authority shall, subject to the provisions of subsection (c) of this section, expend the net proceeds derived from the sale of the bonds herein provided (other than refunding bonds), together with the income fr…
Ala. Code § 22-3A-2 Definitions
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The following words and phrases used in this chapter, unless the context clearly indicates otherwise, shall have the following respective meanings: (1) AUTHORITY. The public corporation organized pursuant to the provisions of this chapter. (2) BONDS. The bonds issued under the pr…
Ala. Code § 22-3A-20 Authority as Nonprofit Corporation
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The authority shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any private entity. History: (Acts 1990, No. 90-598, §20.)
Ala. Code § 22-3A-21 Dissolution of Authority
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When all bonds issued by the authority and all obligations assumed by it under the provisions of this chapter shall have been paid in full, the then president of the authority shall thereupon execute and deliver in the name of and in behalf of the authority an appropriate deed, o…
Ala. Code § 22-3A-22 Payment by State Treasurer Authorized; Records
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Out of the revenues appropriated and pledged in or pursuant to Section 22-3A-16, the State Treasurer is authorized and directed to pay the principal of and the interest and premium (if any) on the bonds on the respective due dates of such principal, interest and premium (if any),…
Ala. Code § 22-3A-23 Approval of Allocations Other Than Those in Section 22-3A- 19(A) to Be Unanimous
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Notwithstanding any provisions of this chapter, no allocations from any sources, including, but not limited to, bond proceeds and earnings thereon and debt service reserve and earnings thereon, shall be authorized for public health facilities in this state, other than allocations…
Ala. Code § 22-3A-24 Payments and Investment Agreements to Ensure Federal Tax Exemption
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The authority shall have the power to make such payments to the United States of America as the directors deem necessary to cause the interest on any bonds of the authority to be and remain exempt from federal income taxation. The authority shall have the power to make agreements…
Ala. Code § 22-3A-3 Creation of Corporation; Members. (Amended by Act 2026-327) [Effective until October 1, 2026.]
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AMENDED BY ACT 2026-327, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. The State Health Officer, the Governor or his designee, the Director of Finance of the state, the State Treasurer, one member of the state Senate to be appointed by the President of the Senate (whic…
Ala. Code § 22-3A-4 Application
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To become a corporation, the State Health Officer, the Governor or his designee, the Finance Director of the state, the State Treasurer, the member representing the House of Representatives, and the member representing the Senate shall present to the Secretary of State an applica…
Ala. Code § 22-3A-5 Certificate of Incorporation
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When the application has been made, filed, and recorded as herein provided, the applicants shall constitute a public corporation under the name proposed in the application. The Secretary of State shall make and issue to the applicants a certificate of incorporation under the Grea…
Ala. Code § 22-3A-6 (Amended by Act 2026-327) Members; Officers; Terms; Records; Meetings; Appointment of Governor’s Designee
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[Effective until October 1, 2026.] AMENDED BY ACT 2026-327, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) The applicants named in the application and their respective successors in office shall constitute the members of the authority. The State Health Officer shall…
Ala. Code § 22-3A-7 Powers of Authority
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The authority shall have the following powers among others specified in this chapter: (1) To have succession by its corporate name until dissolved as provided in this chapter; (2) To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdictio…
Ala. Code § 22-3A-8 Issuance of Bonds
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For the purposes of acquiring, constructing, installing and equipping public health facilities, the authority is hereby authorized to issue and sell from time to time its bonds, which bonds may be in the form of interest-bearing bonds or noninterest-bearing bonds. Other than refu…
Ala. Code § 22-3A-9 Form of Bonds; Redemption Option
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The bonds, which may be issued in one or more series, shall be in such forms and denominations and of such tenor and maturities, shall, if issued as interest-bearing bonds, bear such rate(s) of interest and be payable and evidenced in such manner, shall be payable in such install…
Ala. Code § 22-4-1 Short Title
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This article may be referred to as the “State Health Planning and Development Act of 1975.” History: (Acts 1975, No. 1197, p. 2365, §1.)
Ala. Code § 22-4-10 Cooperation of Officers, Agencies, Etc., of State, Etc., with State Board of Health and Statewide Health Coordinating
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Council. All officers, employees and agents of the State of Alabama and all departments, divisions, bureaus, commissions, subdivisions and agencies of the government thereof are hereby authorized to confer, plan and cooperate with the State Board of Health, Statewide Health Coord…
Ala. Code § 22-4-11 Preparation, Adoption, Etc., of Preliminary State Health Plan Generally; Provision in Plan for Visual Care
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The State Board of Health, with the advice and consultation of the Statewide Health Coordinating Council, is hereby authorized and empowered to prepare, review and revise as necessary a preliminary state health plan which shall be made up of the health systems plans of the health…
Ala. Code § 22-4-12 Designation of State Board of Health as State Agency for Receipt, Administration, Etc., of Funds for Preparation,
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Administration, Etc., of State Health Plan. The State Board of Health, while acting in its capacity as the sole and official state agency to administer or to supervise the administration of the official State Health Plan, is hereby designated as the sole and official state agency…
Ala. Code § 22-4-13 Preparation, Review, and Revision of State Medical Facilities Plan
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Upon the adoption of federal regulations pursuant to Title XVI of the Public Health Service Act, the State Board of Health is hereby authorized and required to prepare, review and revise, at least annually, with such interim revisions as may become necessary, a Medical Facilities…
Ala. Code § 22-4-14 Construction, Operation, Etc., of Public Hospitals, Health Centers, Etc., by State Board of Health; Power of State Board of
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Health to Cooperate and Enter into Contracts with Federal Government, Nonprofit Associations, Etc., in Construction, Operation, Etc., of Public Hospitals, Health Centers, Etc. The State Board of Health is hereby authorized and empowered to acquire, construct, equip, maintain and …
Ala. Code § 22-4-15 Designation of State Board of Health as State Agency for Receipt and Administration of Funds, Gifts, Etc., for Construction,
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Maintenance, Etc., of Public Health Care Facilities; Power of State Board of Health to Enter into Contracts with Agencies for Those Purposes. The State Board of Health is hereby designated as the sole and official agency of the State of Alabama to receive and administer any and a…
Ala. Code § 22-4-16 Acquisition, Purchase, Sale, Etc., by State Board of Health of Land, Buildings, Etc., for Carrying Out Health Care Facility
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Construction and Operation Program. The State Board of Health is hereby authorized and empowered to purchase or lease land or acquire property by eminent domain; to purchase, lease, rent or acquire any building or property needed for the purpose of carrying out a health care faci…
Ala. Code § 22-4-17 Construction and Implementation of Provisions of Article
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All provisions of this article are deemed to be permissive and not mandatory since this article is specifically designed to bring the laws of Alabama into conformity with PL 93-641. This article is contingent in whole or in part upon the validity, implementation and application o…
Ala. Code § 22-4-2 Definitions
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When used in this article, the following terms shall have the following meanings, respectively, unless a different meaning clearly appears from the context: (1) STATE BOARD OF HEALTH. The statutory agency of the State of Alabama operative in the field of general health matters an…
Ala. Code § 22-4-3 State Board of Health Designated as State Health Planning and Development Agency; Powers and Duties Generally
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(a) The State Board of Health is hereby designated as the sole and official State Health Planning and Development Agency. (b) The State Board of Health is authorized and empowered: (1) To conduct the health planning and development activities of the state; (2) To prepare, review …
Ala. Code § 22-4-30 Short Title
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This article shall be cited and known as the “Alabama Health Planning Facilitation Act.” History: (Act 2015-471, §1.)
Ala. Code § 22-4-31 Legislative Findings
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The Legislature does hereby set out the following findings and reasons for passage of this article. Alabama has adopted a system of health planning and development administered by the State Health Planning and Development Agency (SHPDA). In addition, the Statewide Health Coordina…
Ala. Code § 22-4-32 Definitions
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For purposes of this article, the following terms shall have the following meanings: (1) CERTIFICATE OF NEED REVIEW BOARD. The board which reviews all certificate of need applications as provided in Section 22- 21-260(14). (2) COVERED HEALTH CARE REPORTER. The term includes healt…
Ala. Code § 22-4-33 Health Care Information and Data Advisory Council
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(a) There is established the Health Care Information and Data Advisory Council to give advice and guidance to SHPDA in adopting rules necessary to implement this article, to review and serve as consultants to SHPDA on matters related to any reports or publications prior to a repo…
Ala. Code § 22-4-34 Rulemaking Authority
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The SHPDA, following advice and guidance from the Health Care Information and Advisory Council, shall adopt rules providing the specific information which shall be submitted and the method of submission to SHPDA. All covered health care reporters shall provide written reports as …
Ala. Code § 22-4-35 Submission of Reports
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(a) A covered health care reporter shall submit the required reports directly to SHPDA. The reports may be submitted electronically after SHPDA has the capability to accept the reports in an electronic format. SHPDA shall provide for the acceptance of the electronic filing of the…
Ala. Code § 22-4-36 Limits on Information Requested
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The SHPDA may not request any information from a health care reporter that requires the submission of proprietary or confidential matters, such as negotiated discounts with specific insurers, health service corporations, or health benefit plans. The SHPDA may not require any repo…
Ala. Code § 22-4-37 Penalties for Noncompliance
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SHPDA shall impose an administrative penalty against a covered health care reporter that fails to comply with this article in an amount not to exceed five thousand dollars ($5,000) if the covered health care reporter is a rural health care provider or ten thousand dollars ($10,00…
Ala. Code § 22-4-38 Information Provided to Purchasers
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Nothing in this article shall prohibit a purchaser from obtaining information from a covered health care reporter. The obligation of providing the purchaser, on terms consistent with past practices, data or information previously provided, or additional data or information not cu…
Ala. Code § 22-4-39 Use of Information
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(a) SHPDA shall utilize the data and information received from covered health care reporters for the benefit of the public and public officials. The data and information obtained by SHPDA pursuant to this article, including a summary, shall be reported to the SHCC and the Certifi…
Ala. Code § 22-4-4 Establishment of Internal Divisions or Bureaus and Professional Staff by State Board of Health
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The State Board of Health is hereby authorized and empowered to establish and support such internal divisions or bureaus as may be needed for the purpose of meeting the responsibilities and duties set forth in this article. As a minimum there shall be established an adequate prof…
Ala. Code § 22-4-40 Enforcement of Article
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SHPDA may bring civil actions in any court of competent jurisdiction to enforce compliance with this article or any requirement or appropriate request of SHPDA made pursuant to this article. History: (Act 2015-471, §11.)
Ala. Code § 22-4-41 Construction of Article
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This article shall not affect any current law or laws which provide authority or jurisdiction for the SHPDA, the Certificate of Need Review Board, or the SHCC except as provided herein, or which provide requirements to obtain a certificate of need in this state. This article shal…
Ala. Code § 22-4-42 Limitations on Use of Information
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The information collected pursuant to this article shall be used to assist the SHPDA, the Certificate of Need Review Board, and the SHCC to provide health planning and development services for the citizens of Alabama. The information generated by these reports may not be used by …