Section 45-37-171.44
Ability to pay fees; increase in costs and fees; funding.
No person shall be denied any service because that person, or if a minor, the parent or legal guardian of such person, is unable to pay the fee for such service established pursuant to this subpart. The determination of a person’s ability to pay shall be made in confidence and under circumstances that will protect the dignity of the person receiving the service. Using any appropriate standards of ability to pay for health care provided by the United States Government or any agency thereof, the Jefferson County Board of Health may establish a sliding fee scale based on a person’s ability to pay. Any provision of this subpart to the contrary notwithstanding, this subpart shall not be interpreted or applied to authorize any increase in the fees, if any, that any person may be required to pay for any examination, treatment, vaccination, inoculation, or other health care service of any kind that, as of September 29, 1988, is being provided by the Jefferson County Board of Health if the income of such person or the family to which such person belongs is below the poverty level for residents of the State of Alabama determined from time to time by the United States Government or any agency thereof, unless such increase is required by federal or state law to comply with, or to gain additional benefit from, Medicaid or other governmental health care assistance programs. If the Jefferson County Board of Health incurs increases in the cost of drugs or pharmaceuticals that it sells through its pharmacy operations, and if such cost increases are not defrayed by additional funding from governmental or private sources, then the Jefferson County Board of Health may increase the selling price of such drugs or pharmaceuticals to all persons, regardless of income level, to such extent as may be necessary to recover such cost increases. In the event that the Jefferson County Board of Health has an opportunity to obtain funding from private or governmental sources for new or expanded health care services not being provided as of September 29, 1988, nothing contained in this subpart shall be interpreted or applied to prevent the Jefferson County Board of Health from charging such fees for such health care services as shall be required by such private or governmental funding sources, provided that the aggregate fees charged for such health care services, together with the funding provided by such private or governmental sources, shall not exceed the cost of providing such health care services.
(Act 88-895, 1st Sp. Sess., p. 450, §5.)