Title 22

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.” (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. (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…

(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 Treasurer of the State Securities of the type eligible for deposi…

(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 contract must be issued a certificate of coverage. (b) No c…

(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…

(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 service corpora…

(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…

(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. (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. (Acts 1982, No. 82-463, p. 741, §25.)

No corporation subject to the provisions of this article shall amend its charter or certificate of incorporation, its bylaws, the terms or provisions of contracts executed or to be executed with dentists, or the terms or provisions of contracts issued or proposed to be issued to …

(a) The Department of Insurance, any agent or examiner of the department, or any other person appointed by the department shall have the power of visitation and examination into the affairs, transactions, accounts, business records, and assets of any such dental service plan corp…

Any person or corporation, not licensed under the provisions of this article, shall not use in the name, logo, contracts, or literature thereof the phrase “dental service plan,” and any corporation, not licensed under the provisions of this article, shall not imply, either direct…

Any dissolution or liquidation of a corporation subject to the provisions of this article shall be under the supervision of the department. (Acts 1982, No. 82-463, p. 741, §29.)

No nonprofit corporation, organized under the laws of this state prior to May 4, 1982 to operate a dental service plan in the state or any of the counties thereof, the charter or certificate of incorporation of which has been approved or consented to by the insurance commissioner…

(a) Any person or corporation engaging in the business of operating a dental service plan without first having procured a license from the Department of Insurance, as required by this article, and any person or corporation violating any of the provisions of this article is guilty…

The commissioner shall devise and promulgate reasonable rules and regulations, not inconsistent with the provisions of the article, as he deems advisable for effectuating its orderly administration. (Acts 1982, No. 82-463, p. 741, §32.)

For purposes of this article, the following terms have the following meanings: (1) COUNCIL. The Hospital Discharge Data Advisory Council established under Section 22-21-416. (2) DEPARTMENT. The Alabama Department of Public Health. (3) DISCHARGE DATA. Data regarding a patient’s di…

(a) The department, upon consultation and approval of the council, shall establish and maintain processes and systems necessary for the protection, collection, and dissemination of discharge data. The department’s discharge data collection systems and processes required by this a…

The department, after consultation and with the approval of the council, shall adopt rules necessary to implement this article. (Act 2021-129, §3.)

(a) All hospitals shall report inpatient and outpatient discharge data pursuant to rules adopted by the department, including rules defining inpatient and outpatient discharges. (b) After receiving the discharge data, the department shall promptly make the discharge data availabl…

Individually identifiable patient information on discharge data submitted under this article shall not be public information. Reports and studies prepared and released by the department based upon discharge data shall not include information obtained from the discharge data in a …

The department may conduct studies and publish information based upon the discharge data obtained pursuant to this article, provided the studies and published information do not include information in a form which could be used to identify any patient or violate HIPAA. (Act 2021-…

(a) The Hospital Discharge Data Advisory Council is established to assist in developing rules and standards necessary to implement this article, to review and serve as consultants to the department on matters related to any reports, studies, or publications authorized under this …

(a) A hospital shall pay to the department a civil penalty of five cents ($.05) per patient discharge record for each day the discharge data required to be reported under this article is delinquent. (b) A discharge data report is delinquent if the department does not receive the …

(a) No person or entity may be held liable in any civil action with respect to a report or disclosure of discharge data made under this article, except under the following circumstances: (1) The person or entity has knowledge of the falsity of the discharge data reported or discl…

Individual patient data submitted by a hospital pursuant to this article shall remain at all times confidential and privileged from discovery. This article shall not be construed to prohibit discovery of patient specific information from original sources where the information is …

(a) This section shall be known and may be cited as the Harold Sachs and Anne Roberts Act. (Act 2023-24, §2.)

As used in this compact, unless the context clearly indicates otherwise: (1) COMMISSION. The Interstate Advisory Health Care Commission. (2) EFFECTIVE DATE. The date upon which this compact shall become effective for purposes of the operation of state and federal law in a member …

The member states shall take joint and separate action to secure the consent of the United States Congress to this compact in order to return the authority to regulate health care to the member states consistent with the goals and principles articulated in this compact. The membe…

The legislatures of the member states have the primary responsibility to regulate health care in their respective states. (Act 2013-420, p. 1672, §3.)