HB9 Alabama 2010 Session

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

To amend Section 22-21-29, Code of Alabama 1975, relating to hospitals and other health care facilities; to prohibit an employee of a county health department or any agent of the state or a county from disclosing in advance the date or time of an inspection of a hospital or other health care facility; provide penalties for a violation; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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.