HB134 Alabama 2023 Session

Summary

Primary Sponsor

Ed OliverRepresentative

Republican

Session

Regular Session 2023

Title

Relating to assisted living facilities; to amend Section 22-21-25, Code of Alabama 1975, to create the Alabama Assisted Living Board of Mitigation to resolve conflicts between certain assisted living facilities and the Alabama Department of Public Health; and to provide for the membership and duties of the board.

Summary

HB134 would create the Alabama Assisted Living Board of Mitigation to help resolve disputes between licensed assisted living facilities and the Alabama Department of Public Health, with nonbinding recommendations the department must consider.

What This Bill Does

The bill establishes the Alabama Assisted Living Board of Mitigation to handle disputes between licensed assisted living facilities (including specialty care facilities) and the Alabama Department of Public Health. It outlines the board’s diverse membership, terms, and governance, and gives the board authority to hold hearings and compel testimony. When a facility challenges a department order or penalty, the board can hear the complaint, issue recommendations to resolve it (which are nonbinding but must be considered by the department), and notify the department of the complaint. The board must report annually to the state Senate and House health committees and its recommendations may be used as evidence in appeals.

Who It Affects

• Licensed assisted living facilities and licensed specialty care facilities: can file complaints about ADPH orders or penalties and seek resolution through the board; the department must consider the board's nonbinding recommendations when making its decisions.
• Alabama Department of Public Health: must respond to complaints, be notified by the board, and consider the board's recommendations when enforcing licenses or penalties; proceedings can involve hearings and compelled testimony.
• State government (Senate Healthcare Committee and House Health Committee) and the public: will receive annual reports from the board on complaints and resolutions, and the board’s activities influence oversight and potential legislative changes.

Key Provisions

• Creation of the Alabama Assisted Living Board of Mitigation to resolve disputes between licensed assisted living facilities (including specialty care facilities) and the Alabama Department of Public Health.
• Board composition includes a physician, an attorney, two assisted living administrators, and three public members; terms, appointment methods, and a diversity requirement are specified; officers (chair, vice chair, secretary-treasurer) and meeting requirements (at least twice yearly) are defined; a majority constitutes a quorum; per diem is set at $200 per day for official business.
• The board has authority to hear complaints, compel testimony and documents, notify the department of complaints, and issue recommendations to resolve disputes; the department must consider these recommendations and may reflect them in its decisions.
• Facilities may file complaints about department orders or penalties; the board must resolve disputes expeditiously and its final written recommendations may be used as evidence in appeals; the department is temporarily restrained from taking further action for a period during review in certain circumstances.
• The bill amends Section 22-21-25 to adjust licensing provisions and due-process-related grounds for actions against facilities; the act becomes effective on the first day of the third month after passage.

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