HB388 Alabama 2020 Session

Summary

Primary Sponsor

Paul W. LeeRepresentative

Republican

Session

Regular Session 2020

Title

Public Health Dept., hospitals, discharge date, reporting collection, and release, privacy to be maintained, civil penalties, adoption of rules, release of data to Ala. Hospital Association

Summary

The bill would require the Department of Public Health to statewide collect hospital discharge data, protect patient privacy, and regulate data use with a new advisory council and penalties for late reporting.

What This Bill Does

It establishes the Department of Public Health as the state agency responsible for mandatory reporting, collection, analysis, and dissemination of hospital discharge data, and it authorizes the release of limited, HIPAA-compliant data sets. It creates the Hospital Discharge Data Advisory Council to help set rules and protect confidentiality. It restricts public disclosure of individually identifiable patient information and allows studies and public reports only in forms that do not identify patients. It imposes civil penalties on hospitals for late data reporting and ties unpaid penalties to license renewal, with processes for appeal and possible waivers.

Who It Affects

• Hospitals must submit inpatient and outpatient discharge data quarterly (starting April 1, 2021) and could face civil penalties for late or incomplete reports; penalties could affect license renewal if unpaid.
• The Department of Public Health gains new authority to collect, protect, and disseminate discharge data and to adopt rules implementing the act.
• The Alabama Hospital Association will receive discharge data from the department for internal use only and not for public distribution.
• Physicians, Blue Cross Blue Shield of Alabama, Medicaid, and a consumer representative will participate in the Hospital Discharge Data Advisory Council, influencing rulemaking and policy.

Key Provisions

• Section 2: Hospitals must submit inpatient and outpatient discharge data beginning April 1, 2021, with quarterly reporting; initial and subsequent reports cover the three months immediately before each report.
• Section 4: The department may release limited, processed data sets compliant with HIPAA; data provided to the Alabama Hospital Association is for internal use only and not public.
• Section 5-6: Individually identifiable patient information is not public; reports and studies must protect patient identity and comply with privacy laws.
• Section 7: Establishes the Hospital Discharge Data Advisory Council, its composition, appointment terms, duties, meetings, and chairing rules.
• Section 8: Civil penalties for delinquent reporting: $0.05 per discharge per day, delinquency defined as 60 days after quarter end, maximum $10 per discharge; penalties may be waived or appealed; unpaid penalties affect license renewal.
• Section 9-10: Limits civil action liability for discharge data disclosures, and ensures data remains confidential and privileged to protect patient information.
• Section 11: Effective date is immediate upon passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Public Health Department