Alabama Senate Bill SB265

Alabama 2023 Regular Session

• Introduced: 4/27/23
• Refer: 4/27/23

Caption

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.

Impact

The establishment of the Alabama Assisted Living Board of Mitigation is poised to have significant implications for the state's regulatory framework concerning assisted living facilities. It allows facilities to contest penalties or disciplinary actions imposed by the Alabama Department of Public Health, aiming to provide a more equitable process for the appeals of such decisions. The recommendations made by the board, although nonbinding, must be taken into consideration by the department, thereby promoting a collaborative approach to dispute resolution in this sector.

Summary

Senate Bill 265 aims to establish the Alabama Assisted Living Board of Mitigation, which is intended to serve as a channel for resolving disputes between licensed assisted living facilities and the Alabama Department of Public Health. The bill establishes the framework for this board, detailing its composition, the scope of its authority, and the processes through which it will operate. By creating an option for alternative dispute resolution, the bill aims to alleviate some of the tensions that can arise between regulatory bodies and the facilities they oversee.

Contention

One notable aspect of the legislation is its nature as a nonbinding mediation tool. This characteristic may raise concerns about the effectiveness and enforceability of the board's resolutions. Critics may argue that while the bill provides a venue for disputes to be aired and discussed, without binding authority, the Alabama Department of Public Health can still operate unilaterally in its regulatory choices, potentially undermining the board's function. Additionally, the bill's composition includes appointed members such as physicians, attorneys, and specialists, which might lead to debates about who should have the authority in regulatory matters impacting public health and patient care.