Section 22-4-1
Section 22-4-1
Short title.
This chapter may be referred to as the 'State Health Planning and Development Act of 1975.'
(Acts 1975, No. 1197, p. 2365, §1.)Section 22-4-10
Section 22-4-10
Cooperation of officers, agencies, etc., of state, etc., with State Board of Health and Statewide Health Coordinating 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 Coordinating Council, their agents and employees in health planning and resource development functions. Any department of the government of Alabama which has statutory or legally designated authority and responsibility to administer state or state-federal programs which involve related health functions shall cooperate with the State Board of Health in its health planning and resources development functions so that these programs shall be properly considered in the overall health program.
(Acts 1975, No. 1197, p. 2365, §11.)Section 22-4-11
Section 22-4-11
Preparation, adoption, etc., of preliminary state health plan generally; provision in plan for visual care.
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 systems agencies within the state. The state agency may make revisions of the health systems plans to achieve appropriate coordination or to deal more effectively with statewide health needs. The preliminary state health plan shall be submitted to the statewide health coordinating council for approval or disapproval and for its use in developing the state health plan. The State Board of Health is authorized to confer with any or all other persons, organizations or governmental agencies that have an interest in public health problems and needs.
Any portion of the State Health Plan that provides for visual care, as authorized in Chapter 22 of Title 34 of this Code, relating to optometry, shall provide that the service shall be performed by a duly licensed optometrist, ophthalmologist or licensed physician skilled in the diseases of the eye, whichever the patient or individual may select.
(Acts 1975, No. 1197, p. 2365, §7; Acts 1978, No. 777, p. 1134, §6.)Section 22-4-12
Section 22-4-12
Designation of State Board of Health as state agency for receipt, administration, etc., of funds for preparation, 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 to accept, receive, retain and administer any and all funds which are now available or which may become available in the future, either through donations or appropriations, for the preparation and administration or the supervision of the preparation and administration of the State Health Plan.
(Acts 1975, No. 1197, p. 2365, §12.)Section 22-4-13
Section 22-4-13
Preparation, review and revision of State Medical Facilities Plan.
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 plan, which shall include all health care facilities defined in Section 22-4-2, shall divide the State of Alabama into health service areas and, based on population and health facility utilization statistics and such other criteria as the State Board of Health may direct, set forth the need for health care facilities in such numbers and locations that all citizens of the state shall have access to an integrated and interrelated system of health care. The State Medical Facilities Plan shall consider the medical facilities plans of the health systems agencies and shall be submitted to the Statewide Health Coordinating Council for approval or disapproval as consistent with the State Health Plan. The State Medical Facilities Plan shall be the basic review document for the certificate of need program; provided, that the State Board of Health shall be empowered and authorized to prepare, review, adopt and revise, as necessary, a state medical facilities plan pursuant to Title VI of the Public Health Service Act with the advice and consultation of the Statewide Health Coordinating Council, to be used as an interim review document for the certificate of need program, until such time as Title XVI of the Public Health Service Act is implemented and federal regulations are adopted pursuant thereto.
(Acts 1975, No. 1197, p. 2365, §13; Acts 1978, No. 777, p. 1134, §8.)Section 22-4-14
Section 22-4-14
Construction, operation, etc., of public hospitals, health centers, etc., by State Board of Health; power of State Board of 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 operate public hospitals, health centers and related facilities for the treatment of any type of disease.
The State Board of Health is authorized and empowered to cooperate and to make contracts with the United States Government, any local political subdivisions or their agencies, any nonprofit association or public improvement society in the acquisition, building, equipping, maintaining and operating of any public hospitals, health centers and related facilities for the treatment of any kind of disease.
(Acts 1975, No. 1197, p. 2365, §14.)Section 22-4-15
Section 22-4-15
Designation of State Board of Health as state agency for receipt and administration of funds, gifts, etc., for construction, maintenance, etc., of public health care facilities; power of State Board of Health to enter into contracts with agencies for said 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 all funds for the purpose of constructing, equipping, maintaining and operating public health care facilities appropriated by the United States Government or the State of Alabama, and it may receive and administer any and all gifts or donations in general from any individual or agency for the purpose of constructing, equipping, maintaining and operating such facilities. The State Board of Health is hereby authorized to enter into contracts with any agency for the purpose of carrying the above into effect.
(Acts 1975, No. 1197, p. 2365, §15.)Section 22-4-16
Section 22-4-16
Acquisition, purchase, sale, etc., by State Board of Health of land, buildings, etc., for carrying out health care facility 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 facility construction and operation program; to sell, exchange or otherwise transfer property, land, buildings and equipment in order to carry out the comprehensive health care facility construction program; and to do all things necessary to carry out the powers given in this chapter.
(Acts 1975, No. 1197, p. 2365, §16.)Section 22-4-17
Section 22-4-17
Construction and implementation of provisions of chapter.
All provisions of this chapter are deemed to be permissive and not mandatory since this chapter is specifically designed to bring the laws of Alabama into conformity with PL 93-641. This chapter is contingent in whole or in part upon the validity, implementation and application of PL 93-641 to the State of Alabama.
(Acts 1975, No. 1197, p. 2365, §19.)Section 22-4-2
Section 22-4-2
Definitions.
When used in this chapter, 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 and performing the duties and exercising the powers as set forth in the statutory provisions relating thereto.
(2) STATEWIDE HEALTH COORDINATING COUNCIL. The advisory council established pursuant to this chapter which shall advise the State Board of Health on matters relating to health planning and resource development.
(3) HEALTH SYSTEMS AGENCY. An entity which is organized and operated under the provisions of Title XV of the Public Health Service Act (42 USC §§ 3001 et seq.) and is responsible for the health planning and development in a health service area designated by the governor.
(4) HEALTH SERVICE AREA. A geographical area designated by the Governor as being appropriate for effective planning and development of health services.
(5) STATE HEALTH PLAN. A comprehensive plan, prepared by the State Board of Health and approved or disapproved by the Statewide Health Coordinating Council and which shall include the health systems plans developed by the health systems agencies, for the development of health programs and resources to assure that quality health services will be available and accessible in a manner which assures continuity of care, at reasonable cost, for all residents of the state.
(6) MEDICAL FACILITIES PLAN. A plan, prepared by the State Board of Health with the advice and consultation of the Statewide Health Coordinating Council, which shall consider the medical facilities plans of the health systems agencies, and which shall establish an integrated and interrelated system of health care facilities which shall have as its objective the provision of readily accessible health care in all parts of the state.
(7) HEALTH CARE FACILITY. Such term shall include public health centers; rehabilitation centers; skilled nursing facilities; intermediate care facilities; general and specialized hospitals, including tuberculosis, psychiatric, long-term care and other types of hospitals, and related facilities such as laboratories, outpatient departments and clinics and central service facilities operated in connection with hospitals; organized ambulatory health care facilities, such as family planning clinics, facilities for surgical treatment of patients not requiring hospitalization and facilities located in or apart from a hospital for the diagnosis or treatment of disease, excluding the offices of private physicians; hemodialysis units; and home health agencies operated in connection with a hospital. The term shall also include community mental health centers and related facilities, facilities for the developmentally disabled and facilities for the rehabilitation of alcoholics and drug abusers; provided, that these facilities may be included in one or more separate facility plans.
(8) INSTITUTIONAL HEALTH SERVICES. The health services provided through health care institutions. Such term includes the facilities through which such services are provided.
(Acts 1975, No. 1197, p. 2365, §2; Acts 1978, No. 777, p. 1134, §§2, 3.)Section 22-4-3
Section 22-4-3
State Board of Health designated as State Health Planning and Development Agency; powers and duties generally.
(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 and revise as necessary a preliminary state health plan, which shall be made up of the health systems plans of the health systems agencies within the state, and which shall be submitted to the statewide health coordinating council for approval or disapproval and for use in developing the state health plan;
(3) Upon implementation of Title XVI of the Public Health Service Act and adoption of federal regulations thereto, to prepare, review and revise as necessary a state medical facilities plan, which shall be submitted to the statewide health coordinating council for approval or disapproval as being consistent with the state health plan;
(4) To prepare, review, adopt and revise as necessary a state medical facilities plan pursuant to Title VI of the Public Health Service Act, which plan shall become the basic review document for the certificate of need program as an interim plan until implementation of Title XVI of the Public Health Service Act;
(5) To assist the Statewide Health Coordinating Council in the review of the State Health Plan and the State Medical Facilities Plan;
(6) To assist the Statewide Health Coordinating Council in the administration of its functions;
(7) To serve as the designated planning agency for the purpose of Section 1122 of the Social Security Act (42 USC § 1320a-1);
(8) To make findings as to the need for such services, after consideration of recommendations of health systems agencies respecting new institutional health services;
(9) To review on a periodic basis all institutional services and make public its findings;
(10) To administer a health facilities construction program;
(11) To administer a program for the development of health resources;
(12) To cooperate with and assist health systems agencies in health planning and resource development activities;
(13) To provide for fair hearing procedures; and
(14) To perform such other functions as may be necessary to carry out the intent and purpose of this chapter.
(Acts 1975, No. 1197, p. 2365, §3; Acts 1978, No. 777, p. 1134, §4.)Section 22-4-4
Section 22-4-4
Establishment of internal divisions or bureaus and professional staff by State Board of Health.
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 chapter. As a minimum there shall be established an adequate professional staff for health planning and health resource development and construction of health care facilities.
(Acts 1975, No. 1197, p. 2365, §4.)Section 22-4-5
Section 22-4-5
Adoption, revision, etc., of rules, regulations, standards, etc., by State Board of Health; appeals therefrom; State Board of Health not to discriminate among branches of healing arts in administration of funds.
(a) The State Board of Health, with the advice and consultation of the Statewide Health Coordinating Council, is hereby authorized and empowered to adopt, revise, abolish, promulgate and publish rules, regulations, standards and procedures for:
(1) The preparation of the preliminary State Health Plan and the State Medical Facilities Plan;
(2) The administration of the State Health Plan and of the State Medical Facilities Plan after approval by the Statewide Health Coordinating Council;
(3) The construction and operation of health care facilities established under the State Medical Facilities Plan; and
(4) Such other matters as may be necessary to carry out the intent and purpose of this chapter.
(b) The State Board of Health is also authorized and empowered to establish and maintain procedures pursuant to which any person or organization may appeal a decision of the State Board of Health under this chapter and will be granted a fair hearing by a hearing officer appointed by the Governor to conduct such hearing.
(c) In making its initial regulations, and any amendments or rescissions thereof, the board shall give as wide publicity among all persons, firms, corporations, health care facilities and other enterprises as are likely to be affected by or interested in said regulations as is practicable to do at least 30 days prior to the date set by the board for hearing and determination of such rules and regulations. All hearings shall be joint hearings set by the State Board of Health and the Statewide Health Coordinating Council at Montgomery, Alabama. At such hearings any interested person, firm, corporation or health care facility or any member of the public may be heard.
(d) Any person, firm, corporation or health facility affected by the initial rules and regulations or any amendment or rescission thereof may appeal consideration thereof to the Circuit Court of Montgomery County within 30 days from the adoption of same following the hearing provided by giving security for costs and the filing of a complaint with the court, setting forth the interest of the appellant, the ruling complained of and the facts upon which the appellant appeals for relief. Upon appeal, the questions of reasonableness of such regulations shall be a question of fact for the court to determine, and no presumption shall be indulged that the regulations adopted were and are reasonable regulations.
(e) Regulations adopted under this section shall become effective upon the expiration of 30 days from the date of adoption, amendment or rescission or, if an appeal has been taken, upon the final disposition of the appeal.
(f) From any judgment of the circuit court in any case appealed to it, an appeal shall lie to the Supreme Court of Alabama within 42 days from the date of entry of the judgment in the same manner as other appeals authorized by law, and no presumption shall be indulged by the supreme court as to the correctness of the trial court's finding of facts.
(g) Nothing contained in this section shall authorize the State Board of Health to make rules and regulations concerning the practice of chiropractic, dentistry, optometry or any of the healing arts.
(h) All funds available to the State Board of Health in carrying out the purposes of this chapter shall be administered without discrimination in respect to the several branches of the healing arts.
(Acts 1975, No. 1197, p. 2365, §5; Acts 1978, No. 777, p. 1134, §5.)Section 22-4-6
Section 22-4-6
Appropriations to State Board of Health.
There is hereby appropriated to the State Board of Health any funds held by the State Treasury for the State Board of Health planning, health resource development, health care facilities construction or for administrative purposes, and there is hereby appropriated to the State Board of Health for planning, health care facilities construction and resource development any funds which are transferred or donated to it from any source for such health planning, health care facilities construction and resource development functions.
(Acts 1975, No. 1197, p. 2365, §6.)Section 22-4-7
Section 22-4-7
Statewide Health Coordinating Council - Establishment; composition; qualifications, appointment and terms of office of members; officers; meetings; vacancies; appointment of consultants and task forces; compensation of members of council and members of task forces.
There shall be established an advisory council, to be designated the Statewide Health Coordinating Council, which shall advise and consult with the State Board of Health as the designated health planning and development agency in the administration of the health planning and resource development functions set forth in this chapter. The council shall have not less than 16 members appointed by the Governor from a list of not less than five nominees submitted by each health systems agency which falls, in whole or in part, within the state. Each health systems agency shall be entitled to not less than two members of the council, and each shall have the same number of members. Of the representatives of a health systems agency, not less than one half shall be individuals who are consumers of care and who are not providers of care. In addition, the Governor may appoint such persons, including state officials, public elected officials and other representatives of governmental authorities within the state, to serve on the council as he deems appropriate; provided, however, that the number of such persons appointed to the council shall not exceed 40 percent of the total membership of the council, and a majority of such appointees of the Governor shall be consumers of health care who are not also providers of health care.
The Statewide Health Coordinating Council shall elect from its members a chairman and shall meet at least once in each calendar quarter of each year. All meetings of the council shall be held in public.
The state health officer shall be an ex officio member of the council. The chief medical director of the Veterans' Administration shall designate one ex officio member of the council to represent the Veterans' Administration facilities in Alabama. Not less than one third of the providers of health care who are members of the council shall be direct providers of health care. Not less than one half of the membership of the council shall be consumers.
One third of the members of the council shall be initially appointed for a period of one year, one third shall be appointed initially for a period of two years, and one third shall be appointed initially for a period of three years. All subsequent appointments shall be for a period of three years. Vacancies shall be filled for the unexpired term in the same manner as the original appointment was made. Members shall serve for the term of appointment or until their replacements are appointed.
The council may from time to time appoint consultants in any field relating to the state health planning and resource development program. The council may also from time to time appoint persons other than members of the council to special task forces to perform specifically designated functions and duties for the council with a limited time period.
All members of the council and members of task forces shall be paid all expenses incurred in carrying out the functions and duties of the council as the per diem rate and mileage rate prescribed by law for state employees. Consultants may be paid a negotiated per diem rate plus expenses and mileage rates prescribed by law for state employees.
(Acts 1975, No. 1197, p. 2365, §8.)Section 22-4-8
Section 22-4-8
Statewide Health Coordinating Council - Functions.
(a) The Statewide Health Coordinating Council shall advise and serve as consultants to the State Board of Health regarding policies and regulations necessary for carrying out this article.
(b) In addition, the council shall perform the following functions:
(1) Review annually and coordinate the health systems plans of each of the health systems agencies;
(2) Prepare, review and revise as necessary, with the assistance of the State Health Planning and Development Agency, and approve or disapprove, the State Health Plan, which shall be made up of the health systems plans modified to achieve their coordination and compliance with statewide health planning criteria and standards;
(3) Review the State Medical Facilities Plan, pursuant to Title XVI of the Public Health Service Act, prepared by the State Health Planning and Development Agency, and approve the plan as consistent with the State Health Plan and advise and consult with the state agency in carrying out the plan; provided, that until such time as Title XVI of the Public Health Service Act is implemented, the Statewide Health Coordinating Council shall advise and consult with the state agency in the preparation, review and administration of the State Medical Facilities Plan pursuant to Title VI of the Public Health Service Act;
(4) Conduct public hearings on the State Health Plan and the State Medical Facilities Plan;
(5) Review annually the budget of each health systems agency;
(6) Review applications for planning grants for health systems agencies and health service development;
(7) Review annually and approve or disapprove any state plan and any revision of a state plan or application for funding under the Health Planning and Resource Development Act, the Community Mental Health Centers Act or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970;
(8) Serve as the advisory council to the designated planning agency for the administration of Section 1122 of the Social Security Act;
(9) Serve as advisory council to the state agency for the certificate of need program;
(10) Appoint and create such committees as it may deem necessary to administer its functions; provided, that not less than 50 percent of the members of each committee shall be consumers;
(11) Advise the state agency of the state generally on the performance of its functions; and
(12) Perform such other functions that may be necessary from time to time to carry out the administration of its duties.
(Acts 1975, No. 1197, p. 2365, §9; Acts 1978, No. 777, p. 1134, §7.)Section 22-4-9
Section 22-4-9
Health systems agencies.
The health systems agencies designated by the Secretary of the Department of Health, Education and Welfare, in coordination with the Governor, shall provide those functions accorded to them in Section 1513 of PL 93-641 (42 USC §3001-2) for their designated health service areas and coordinate their efforts with the State Board of Health and the Statewide Health Coordinating Council in all planning activities. The activities include:
(1) The gathering and analysis of suitable data;
(2) The establishment of a regional health systems plan and an annual implementation plan;
(3) The provision of technical assistance and/or limited financial assistance to those seeking to implement provisions of the plans;
(4) The coordination of activities with the PSRO and other appropriate planning and regulatory bodies;
(5) The review and approval or disapproval of applications for federal funds for health programs within their areas;
(6) Assistance to the State Board of Health in the performance of capital expenditure reviews;
(7) Assistance to the State Board of Health in making findings as to the need for new institutional health services proposed to be offered in their areas;
(8) Assistance to the State Board of Health in reviewing existing institutional health services offered with respect to the continuing appropriateness of such services; and
(9) Presentation annually of recommendations to the State Board of Health regarding projects for the modernization, construction and conversion of medical facilities in their areas.
(Acts 1975, No. 1197, p. 2365, §10.)
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