HB9 Alabama 2010 Session

Summary

Primary Sponsor

Joseph C. Mitchell

Democrat

Session

Regular Session 2010

Title

Hospitals or health care facilities, inspection date or time, disclosure in advance by county health department employee or any agent of state or county, prohibited, penalties, Sec. 22-21-29 am'd.

Description

Under existing law, an employee or contract employee of the state may not disclose in advance the date or time of an inspection of a hospital or other health care facility to a person with a financial interest in a licensed health care facility, to an employee or agent of a licensed health care facility, to a consultant or contractor who performs services for or on behalf of licensed health care facilities, or to a person related by blood or marriage to an owner, employee, agent, consultant, or contractor of a licensed health care facility.

This bill would prohibit an employee or contract employee of a county health department or any other agent of the state or county from disclosing in advance the date or time of an inspection of a hospital or other health care facility and would provide for criminal penalties for violations.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of Amendment 621. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in Amendment 621.

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Subjects

Crimes and Offenses