SB265 Alabama 2023 Session

Summary

Primary Sponsor

Shay ShelnuttSenator

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

SB265 creates 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 that the department must consider.

What This Bill Does

The bill would establish the Alabama Assisted Living Board of Mitigation to hear and resolve disputes between licensed assisted living facilities (including specialty care facilities) and the Alabama Department of Public Health, with the board able to compel testimony. Its recommendations would be nonbinding but must be considered by the department, and the board would report annually on complaints and resolutions. It also changes how licensing actions are handled by requiring notice, allowing a board procedure, and imposing a short pause before further action to let the board issue final recommendations, which can affect how license orders are processed and appeals are handled.

Who It Affects

• Licensed assisted living facilities and licensed specialty care assisted living facilities: they can file complaints about department orders or penalties, participate in board hearings, and have the board's recommendations considered in resolving disputes.
• Alabama Department of Public Health: it would participate in this new dispute-resolution process, must notify the board of complaints, and must consider the board's recommendations when making its own determinations (with a potential 10-day pause before action in certain cases).

Key Provisions

• Creates the Alabama Assisted Living Board of Mitigation to resolve disputes between licensed assisted living facilities (or specialty care facilities) and the Alabama Department of Public Health.
• Defines board membership: a physician with long-term care or geriatric medicine experience; a licensed attorney certified by the National Elder Law Foundation; two licensed assisted living administrators; and three public members (age 65+), with terms and diversity requirements.
• authorizes the board to hold hearings and compel testimony and documents; the board's recommendations are nonbinding but must be considered by the department.
• Requires the board to report annually to the Senate Healthcare Committee and the House Health Committee detailing complaints and resolutions, and to consider legislative changes.
• Allows facilities to file complaints about department orders or penalties; the department must notify the board and may pause action for 10 days to allow the board to issue final written recommendations, which may be used as evidence in appeals.
• Amends Section 22-21-25 to include procedures that the department must follow before license actions (notice, potential board procedure, and a possible pause); a new license can be granted after conditions are corrected and the board is satisfied, with the board's recommendations able to influence appeals.

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