Title 22 — Title 22

(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.)

Approval; Filing of Copy of Amendments or Changes. 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 provisio…

Expenses. (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…

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. History: (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. History: (Acts 1982, No. 82-463, p. 741, §32.)

(a) The books and records of publicly owned hospitals, nursing homes, rest homes or any other publicly owned medical institution may, upon request of the governing board of the particular institution, be audited annually by any certified public accountant who is subject to the co…

No licensee of the State Board of Health or Department of Public Health, applicant for licensure from the State Board of Health or Department of Public Health, or any person or entity seeking certification for reimbursement under the Social Security Act or other law of the United…

When the State Board of Health receives submittals of plans, drawings, and specifications for the construction, addition to, or alteration of health care facilities for the purposes of review and approval, the State Board of Health shall make reviews of submitted plans, drawings,…

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. History: (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. History: (…

(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 …

The State Board of Health shall send written review comments to the project architect within 60 calendar days for projects costing less than fifteen million dollars ($15,000,000), or within 120 calendar days on projects costing over fifteen million dollars ($15,000,000), of the S…

The State Board of Health may charge fees in accordance with the following schedule based on the cost of building construction: Construction CostFee (percent of construction cost)Up to $100,000Greater of $500 or 1.2%$100,001 - $1,000,000Greater of $1,200 or 0.5%$1,000,001 - $5,00…

REPEALED PER ACT 2023-24 EFFECTIVE APRIL 18, 2023. This article shall be known and may be cited as the Harold Sachs Act. History: (Act 2021-470, §1.)

REPEALED PER ACT 2023-24 EFFECTIVE APRIL 18, 2023.(a) The Legislature finds that it is in the best interest of the residents of Alabama to continue to have access to their loved ones receiving acute care or residing in long-term care facilities during a public health emergency an…

REPEALED PER ACT 2023-24 EFFECTIVE APRIL 18, 2023. For the purposes of this article, the following terms have the following meanings: (1) HEALTH CARE FACILITY. A general acute care hospital, long-term care facility, skilled nursing facility, intermediate care facility, assisted l…

Requirements. REPEALED PER ACT 2023-24 EFFECTIVE APRIL 18, 2023.(a) During a declared state public health emergency, a health care facility shall continue to allow patients to receive visitors consistent with all applicable federal laws, regulations, and guidelines of the Centers…

REPEALED PER ACT 2023-24 EFFECTIVE APRIL 18, 2023. Nothing in this article shall expand, alter, or amend visitation guidelines or regulations implemented or enforced by the Centers for Medicare and Medicaid Services. History: (Act 2021-470, §5.)

REPEALED PER ACT 2023-24 EFFECTIVE APRIL 18, 2023. Notwithstanding any of the foregoing, healthcare facilities shall, at all times, allow family or caregiver presence for the following: (1) End-of-life care, including clergy visitation for end-of-life care. (2) Support for patien…

REPEALED PER ACT 2023-24 EFFECTIVE APRIL 18, 2023. During the pendency of a public health emergency, a health care facility shall not be liable for any damages, injury, or death based on a claim of negligence connected to the exposure or potential exposure to any virus, disease, …

(a) This section shall be known and may be cited as the Harold Sachs and Anne Roberts Act. (b) For the purposes of this section, the term “health care facility” means a general acute hospital, long-term care facility, skilled nursing facility, intermediate care facility, assisted…

An initial fee payment of five hundred dollars ($500) shall accompany the first drawing submittal for each project. Upon written approval of the final stage drawings, 75 percent of the estimated fee, less the initial five hundred dollar ($500) payment, shall be paid. The estimate…