L. Hospital reports.

The following records for medical institutions in Alabama that are organized as public corporations are open pursuant to statutory authority:

1. Certificate of incorporation. Ala. Code §§ 22-21-172, -173 (1997); §§ 11-95-3, -4 (1994).

2. Annual fiscal year financial statement. Ala. Code § 22-21-187 (1997).

3. Audit reports. Ala. Code § 22-21-4(b) (1997).

The following records for public and private medical institutions in Alabama are open pursuant to statutory and Alabama Attorney General opinion authority:

1. Information received by the state board of health through on-site inspections conducted by the state licensing agency. Ala. Code § 22-21-30 (1997).

2. Uniform cost reports of Medicaid providers. 184 Op. Att'y Gen. Ala. 27 (Aug. 15, 1981).

The following records for public and private medical institutions in Alabama are closed pursuant to statutory, case law or administrative rule authority:

1. Accreditation, quality assurance credentialing, and similar materials. Ala. Code § 22-21-8(b) (1997).

2. Information received by the State Board of Health from the state licensing agency if the information is gathered or received through means other than on-site inspection, except that the information may be made public in a proceeding involving the question of licensure or revocation of license. Ala. Code § 22-21-30 (1997).

3. Patient records. Horne v. Patton, 291 Ala. 701, 708-09, 287 So. 824, 829-30 (1973) (physician-patient privilege); Ala. Code §  34-26-2 (2002) (psychologist/psychiatrist-patient privilege); see also Ex parte Rudder, 507 So. 2d 411 (Ala. 1987) (psychiatrist-patient privilege).

4. Records of residents in health/assisted-living facility. 9C Ala. Admin. Code r. 420-5-4.05(3) (Supp. Sept. 30, 2004).

5. Patient records at birthing centers. 9C Ala. Admin. Code r. 420-5-13.11(6) (Supp. Sept. 30, 2002).

6. Records of patients at nursing homes. 9C Ala. Admin. Code r. 420-5-10-.05(3)(w) (Supp. Sept. 30, 2004).

7. Hospital patient records produced pursuant to subpoena duces tecum, "until ordered published by the court trying the case at the time of trial." Ala. Code § 12-21-6(a) (1995).

8. Reports by insurance companies of judgments and settlements of medical liability claims, which are required to be filed with state licensing entities. Ala. Code § 27-26-5(c) (1998).

Investigative reports regarding patient injuries and death prepared by the Bureau of Special Investigations, the investigative division of the Alabama Department of Mental Health, are considered "law enforcement investigative reports" within the meaning of Alabama Code § 12-21-3.1, and are therefore entitled to protection from civil subpoena, except upon a showing that the information contained in the report cannot be obtained from other sources without undue hardship. Lambert v. Alabama Dep't of Mental Health and Mental Retardation, 840 So. 2d 863 (Ala. 2002); Vick v. Alabama Dep't of Mental Health and Mental Retardation, 840 So. 2d 876 (Ala. 2002).