(a) Except as otherwise provided in this chapter, provisions of the insurance law and provisions of health care service plan laws shall not be applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision shall not apply to an insurer or health care service plan licensed and regulated pursuant to the insurance law or the health care service plan laws of this state except with respect to its health maintenance organization activities authorized and regulated pursuant to this chapter.
(b) Solicitation of enrollees by a health maintenance organization granted a certificate of authority shall not be construed to violate any provision of law relating to solicitation or advertising by health professionals.
(c) Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and shall be exempt from the provisions of Section 34-24-310, et seq., relating to the practice of medicine.
(d) No person participating in the arrangements of a health maintenance organization other than the actual provider of health care services or supplies directly to enrollees and their families shall be liable for negligence, misfeasance, nonfeasance, or malpractice in connection with the furnishing of such services and supplies.
(e) Nothing in this chapter shall be construed in any way to repeal or conflict with any provision of the certificate of need law.
(f) Notwithstanding the provisions of subsection (a), a health maintenance organization shall be subject to all of the following:
(1) Section 27-1-17.
(2) Chapter 56.
(3) Chapter 54.
(4) Chapter 57.
(5) Chapter 58.
(6) Chapter 59.
(7) Rules adopted by the Commissioner of Insurance pursuant to Sections 27-7-43 and 27-7-44.
(8) Chapter 12A.
(9) Chapter 54A.
(10) Chapter 2B.
(11) Chapter 29.
(12) Chapter 62.
(13) Chapter 63.
(14) Chapter 45A.
Structure Code of Alabama
Chapter 21A - Health Maintenance Organizations.
Section 27-21A-1 - Definitions.
Section 27-21A-2 - Establishment of Health Maintenance Organizations.
Section 27-21A-3 - Issuance of Certificate of Authority.
Section 27-21A-4 - Powers of Health Maintenance Organizations.
Section 27-21A-5 - Governing Body.
Section 27-21A-6 - Fiduciary Responsibilities of Directors, Officers, Employees, and Partners.
Section 27-21A-7 - Evidence of Coverage and Charges for Health Care Services.
Section 27-21A-8 - Reporting Requirements.
Section 27-21A-9 - Information to Enrollees.
Section 27-21A-10 - Complaint System.
Section 27-21A-11 - Investments.
Section 27-21A-12 - Protection Against Insolvency.
Section 27-21A-13 - Prohibited Practices.
Section 27-21A-14 - Regulation of Producers.
Section 27-21A-15 - Powers of Insurers and Health Care Service Plans.
Section 27-21A-16 - Examination.
Section 27-21A-17 - Suspension or Revocation of Certificate of Authority.
Section 27-21A-19 - Regulations.
Section 27-21A-20 - Administrative Procedures.
Section 27-21A-22 - Penalties and Enforcement.
Section 27-21A-23 - Statutory Construction and Relationship to Other Laws.
Section 27-21A-24 - Filings and Reports as Public Documents.
Section 27-21A-25 - Confidentiality of Medical Information.
Section 27-21A-26 - State Health Officer's and Commissioner's Authority to Contract.
Section 27-21A-27 - Acquisition of Control of or Merger of a Health Maintenance Organization.
Section 27-21A-29 - Existing Health Maintenance Organizations.
Section 27-21A-30 - Coordination of Benefits.
Section 27-21A-31 - Health Maintenance Organization Advisory Council.