GA Code § 31-7-131 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 6 - Peer Review Groups|§ 31-7-131. Definitions

 As used in this article, the term:    "Peer review" means the procedure by which professional health care providers evaluate the quality and efficiency of services ordered or performed by other professional health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, claims review, underwriting assistance, and the compliance of a hospital, nursing home, convalescent home, or other health care facility operated by a professional health care provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations.   "Professional health care provider" means an individual who is licensed, or an organization which is approved, to practice or operate in the health care field under the laws of Georgia, including, but not limited to, the following individuals or organizations:   A physician;   A dentist;   A podiatrist;   A chiropractor;   An optometrist;   A psychologist;   A pharmacist;   A registered or practical nurse;   A physical therapist;   An administrator of a hospital, a nursing or convalescent home, or other health care facility;   A corporation or other organization operating a hospital, a nursing or convalescent home, or other health care facility, as well as the officers, directors, or employees of such corporation or organization or the members of such corporation's or organization's governing board who are performing a peer review function;   A rehabilitation supplier registered with the State Board of Workers' Compensation; and   An occupational therapist.     "Review organization" means a nationally recognized health care accreditation body or any panel, committee, or organization:   Which:   Is primarily composed of professional health care providers;   Is an insurer, self-insurer, health maintenance organization, preferred provider organization, provider network, or other organization engaged in managed care; or   Provides professional liability insurance for health care providers; and     Which engages in or utilizes peer reviews and gathers and reviews information relating to the care and treatment of patients for the purposes of:   Evaluating and improving the quality and efficiency of health care rendered;   Reducing morbidity or mortality;   Evaluating claims against health care providers or engaging in underwriting decisions in connection with professional liability insurance coverage for health care providers;   Compiling aggregate data concerning the procedures and outcomes of hospitals for the purposes of evaluating the quality and efficiency of health care services. Under no circumstances shall any such aggregate data or any other peer review information relating to an individual professional health care provider be disclosed or released to any person or entity without the express prior written consent of such health care provider, but such aggregate data or other peer review information may be released to another review organization upon the written request of such organization if such requesting review organization has specific reason to believe that immediate access to such aggregate data or information is necessary to protect the public health, safety, and welfare. Such aggregate data and other peer review information shall be used for peer review purposes only and in no event shall such aggregate data or any other peer review information be sold or otherwise similarly distributed, but a review organization shall be authorized to utilize the services of and pay a fee to another person or entity to compile or analyze such aggregate data;   Evaluating the quality and efficiency of health care services rendered by a professional health care provider in connection with such provider's participation as or request to participate as a provider in or for an insurer, self-insurer, health maintenance organization, preferred provider organization, provider network, or other organization engaged in managed care; or   Performing any of the functions or activities described in Code Section 31-7-15.        (Ga. L. 1975, p. 739, § 1; Code 1933, § 84-7602, enacted by Ga. L. 1980, p. 1282, § 1; Ga. L. 1984, p. 699, § 1; Ga. L. 1985, p. 149, § 31; Ga. L. 1987, p. 656, § 1; Ga. L. 1988, p. 13, § 31; Ga. L. 1991, p. 1016, § 1; Ga. L. 1995, p. 612, § 3; Ga. L. 2001, p. 192, § 2; Ga. L. 2012, p. 337, § 3/SB 361.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1995, "; and" was substituted for ", and" at the end of division (3)(A)(iii).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 88-3201, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.   Review committee must meet qualifications for article to apply to it.    - In order for the information generated or maintained by a committee exercising review functions to be subject to the provisions of confidentiality the committee must meet the qualifications set forth in this section. Hollowell v. Jove, 247 Ga. 678, 279 S.E.2d 430 (1981) (decided under former Code 1933, § 88-3201).   Hospital accreditation organization records not protected.    - Hospital accreditation records generated by a nonprofit organization are not protected from disclosure as the records of a confidential review organization under O.C.G.A. § 31-7-133 because the organization is not a "review organization" comprised primarily of "professional health care providers" as those terms are defined by O.C.G.A. § 31-7-131. Georgia Hosp. Ass'n v. Ledbetter, 260 Ga. 477, 396 S.E.2d 488 (1990).   "Peer review."    - Nothing in O.C.G.A. § 31-7-131(3)(B)(vi) implies that every part of the review in O.C.G.A. § 31-7-15 constitutes peer review. Hosp. Auth. v. Meeks, 285 Ga. 521, 678 S.E.2d 71 (2009).    Cited in Emory Univ. v. Houston, 185 Ga. App. 289, 364 S.E.2d 70 (1987); Patton v. St. Francis Hosp., 246 Ga. App. 4, 539 S.E.2d 526 (2000); Hosp. Auth. of Valdosta v. Meeks, 294 Ga. App. 629, 669 S.E.2d 667 (2008); Sewell v. Cancel, 331 Ga. App. 687, 771 S.E.2d 388 (2015).   OPINIONS OF THE ATTORNEY GENERAL   Trauma advisory committee as review organization.    - Since the Trauma Advisory Committee for Emergency Medical Services is a review organization consisting of surgeons licensed in the State of Georgia which evaluates care provided by professional health care providers as defined in paragraph (2) of O.C.G.A. § 31-7-131 for the purposes of improving the quality of care rendered and reducing morbidity and mortality due to trauma, it is a review organization within the meaning of paragraph (3) of O.C.G.A. § 31-7-131 and is covered by the immunity and confidentiality provisions of O.C.G.A. §§ 31-7-132 and31-7-133. 1988 Op. Att'y Gen. No. 88-5.