reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 16 - [DESIGNATED ESSENTIAL CAREGIVER] (§§ 31-7-430 — 31-7-435) › Section 31-7-431 - [Right to presence of designated essential caregiver]

(a)
A minor who is admitted to a hospital or long-term care facility shall have the right to have a parent, guardian, person standing in loco parentis, or other designated essential caregiver who shall be allowed to be physically present at all times while the minor patient or resident is in such hospital or long-term care facility. Such parent, guardian, person standing in loco parentis, or other designated essential caregiver shall be required to comply with all hospital or long-term care facility policies, rules of conduct, and reasonable safety protocols, including wearing personal protective equipment provided by the hospital or long-term care facility.
(b)
An adult who is admitted to a hospital or long-term care facility shall have the right to have a designated essential caregiver who shall be allowed to be physically present at all times while the adult patient or resident is in such hospital or long-term care facility. Such designated essential caregiver shall be required to comply with all hospital or long-term care facility policies, rules of conduct, and reasonable safety protocols, including wearing personal protective equipment provided by the hospital or long-term care facility.
(c)
Nothing in this Code section shall be construed to require a hospital or long-term care facility to allow a designated essential caregiver to enter an operating room, isolation room, isolation unit, behavioral health setting, or other typically restricted area or to remain present during the administration of emergency care. Nothing in this Code section shall be construed to require a hospital or long-term care facility to allow a designated essential caregiver access beyond the rooms, units, or wards in which the patient or resident is receiving care or residing, beyond general common areas in the hospital or long-term care facility, or in areas of the hospital or long-term care facility where the presence of unauthorized persons may be a safety or security risk.
(d)
A hospital or long-term care facility may suspend or terminate the access of a designated essential caregiver:
(1)
Upon the request of the adult patient or resident;
(2)
For noncompliance with hospital or long-term care facility policy;
(3)
For failure to comply with reasonable safety protocols or rules of conduct;
(4)
If the designated essential caregiver presents a substantial health or safety risk to the patient, other patients or residents, visitors, or staff;
(5)
To any patient or resident who is under the custody of a law enforcement agency or a correctional institution; or
(6)
Upon court order.
Added by 2024 Ga. Laws 573,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 16 - [DESIGNATED ESSENTIAL CAREGIVER] (§§ 31-7-430 — 31-7-435) › Section 31-7-432 - [Visitation policies]

(a)
A hospital or long-term care facility may establish visitation policies that limit or restrict visitation of any visitor when:
(1)
The presence of visitors would be medically or therapeutically contraindicated in the best clinical judgment of healthcare professionals;
(2)
The presence of visitors would interfere with the care of or rights of any patient or resident;
(3)
Visitors are engaging in disruptive, threatening, or violent behavior toward any staff member, patient or resident, other visitor, or other individual authorized to be on the property of the hospital or long-term care facility;
(4)
Visitors are noncompliant with hospital or long-term care facility policy; or
(5)
The patient or resident is under the custody of a law enforcement agency or a correctional institution.
(b)
A hospital or long-term care facility may require visitors to wear personal protective equipment, provided that any such required equipment shall be provided by the hospital or long-term care facility. A hospital or long-term care facility may require visitors to comply with reasonable safety protocols and rules of conduct. The hospital or long-term care facility may revoke visitation rights for failure to comply with this subsection or any policies established pursuant to subsection (a) of this Code section.
(c)
Nothing in this Code section shall be construed to require a hospital or long-term care facility to allow a visitor to enter an operating room, isolation room, isolation unit, behavioral health setting, or other typically restricted area or to remain present during the administration of emergency care in critical situations. Nothing in this Code section shall be construed to require a hospital or long-term care facility to allow a visitor access beyond the rooms, units, or wards in which the patient or resident such visitor is visiting is receiving care or beyond general common areas in the hospital or long-term care facility.
Added by 2024 Ga. Laws 573,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 16 - [DESIGNATED ESSENTIAL CAREGIVER] (§§ 31-7-430 — 31-7-435) › Section 31-7-433 - [Waiver or termination of certain rights prohibited]

(a)
Except as otherwise provided for in this article, the rights specified in this article may not be terminated, suspended, or waived by the hospital or long-term care facility, the Department of Public Health, or any governmental entity, notwithstanding declarations of emergency declared by the Governor pursuant to law. No hospital or long-term care facility shall require a patient or resident to waive the rights specified in this article.
(b)
The provisions of this article shall be construed to comply with the requirements of the federal Centers for Medicare and Medicaid Services for hospitals and long-term care facilities to participate in and receive payment through the Medicare and Medicaid programs.
Added by 2024 Ga. Laws 573,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 16 - [DESIGNATED ESSENTIAL CAREGIVER] (§§ 31-7-430 — 31-7-435) › Section 31-7-434 - [Informational materials]

Each hospital and long-term care facility shall post on its website informational materials developed by the Department of Community Health explaining the rights specified in this article. The Department of Community Health shall develop such informational materials and shall make such materials available to hospitals and long-term care facilities for the purposes of this Code section.
Added by 2024 Ga. Laws 573,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 16 - [DESIGNATED ESSENTIAL CAREGIVER] (§§ 31-7-430 — 31-7-435) › Section 31-7-435 - [Limitation of liability]

Unless expressly required by federal law or regulation, the Department of Public Health and any other state agency shall be prohibited from taking any action against a hospital or long-term care facility for:
(1)
Giving a visitor or designated essential caregiver individual access to a hospital or long-term care facility controlled property or location;
(2)
Gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm excepted, failing to protect or otherwise ensure the safety or comfort of a visitor or designated essential caregiver given access to a hospital or long-term care facility controlled property or location;
(3)
Failing to follow the guidelines of the federal Centers for Disease Control and Prevention or other federal guidelines that require or recommend restricting visitor or designated essential caregiver access; or
(4)
The acts or omissions of any visitor or designated essential caregiver who is given access to a hospital or long-term care facility controlled property or location.
Added by 2024 Ga. Laws 573,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 1 - HOSPITAL CARE FOR THE INDIGENT GENERALLY (§§ 31-8-1 — 31-8-11) › Section 31-8-1 - Establishment and purpose of program; administration

In order to promote and preserve the health of the people of this state, there is established a Hospital Care for the Indigent Program to be administered by the Department of Community Health. The purpose of this program is to assist counties in the purchase of hospital care for persons who are ill or injured and who can be helped by treatment in a hospital but are financially unable to meet the full cost of hospital care from their own resources or from the resources of those upon whom they are legally dependent. The purchase of such hospital care shall be limited to the nonprofit basic cost of hospital care needed for the treatment of the ill or injured, as deemed necessary and ordered by the physician in charge of the case in accordance with this article and the rules, regulations, and standards adopted and promulgated pursuant to this article.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 1 - HOSPITAL CARE FOR THE INDIGENT GENERALLY (§§ 31-8-1 — 31-8-11) › Section 31-8-2 - Definitions

As used in this article, the term:
(0.5)
"Department" means the Department of Community Health.
(1)
"Indigent person" means any resident who is ill or injured and who from his own resources or from the resources of those upon whom he is legally dependent is financially unable to meet the full cost of hospital care as prescribed or ordered by a physician. An allegedly indigent person shall not be considered an "indigent person" for the purposes of this article until and unless he shall be certified as an "indigent person" by the governing authority of his county of residence. If the governing authority shall fail or refuse to certify a person as an "indigent person" within five days after the next regular or special meeting of the governing authority receiving notice as to such person's being admitted to a participating hospital, neither the county nor the hospital shall be responsible for any medical costs incurred by such person, but the person himself shall be responsible for all such costs.
(2)
"Participating county" means a county whose governing authority, by appropriate action, has agreed to participate in the program, is current with regard to its pro rata share of funds necessary for hospital care for its indigent persons, and is in compliance with this article.
(3)
"Participating hospital" means a publicly or privately owned hospital which holds a valid permit issued pursuant to Article 1 of Chapter 7 of this title, which has a physician as chief of staff, and whose governing authority has elected to participate in the program in accordance with this article.
(4)
"Physician" means a doctor of medicine duly licensed to practice medicine in this state in accordance with Chapter 34 of Title 43.
(5)
"Program" means the Hospital Care for the Indigent Program.
(6)
"Resident" means a person who receives health care from a hospital in the county in which he resides and who is in this state for other than temporary or transitory purposes and has lived continuously in the state for a period of not less than six months.
Amended by 2011 Ga. Laws 244,§ 4-8, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 1 - HOSPITAL CARE FOR THE INDIGENT GENERALLY (§§ 31-8-1 — 31-8-11) › Section 31-8-3 - Disbursement of state funds to counties

State funds appropriated to the department for the purpose of carrying out this article shall be expended by the department so as to provide for the administration of this article as it deems necessary and proper and to assist counties in providing hospital care for indigent residents. The department shall establish a graduated matching formula for the disbursement of state funds to assist counties as provided in this article; provided, however, the state share of any participating county budget shall not exceed $1.00 per capita based on the latest official decennial population count of the United States Bureau of the Census. The department may establish an amount of state funds of the total state and county participating budget to provide hospital care for indigent resident patients who may be hospitalized outside of the county of residency; provided, however, that any unexpended state funds budgeted to provide hospital care for the indigent patient who may be hospitalized outside the county of residency may be reallocated by the department according to the matching formula.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 1 - HOSPITAL CARE FOR THE INDIGENT GENERALLY (§§ 31-8-1 — 31-8-11) › Section 31-8-4 - Qualification of counties for participation in program

In order for a county to qualify for assistance under the program, the governing authority of said county shall have certified that:
(1)
The county elects to participate in the program;
(2)
A local budget providing the funds required by the graduated matching formula has been approved;
(3)
A local administrative agency or officer has been appointed; and
(4)
A screening committee or agency has been appointed to make determinations and certifications relative to indigency of persons applying for assistance as provided for in this article.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 1 - HOSPITAL CARE FOR THE INDIGENT GENERALLY (§§ 31-8-1 — 31-8-11) › Section 31-8-5 - Submission of budget by county

After the implementation of this article, the governing authority of each participating county shall, on or before April 1 of each year, submit to the department a program budget containing an estimate and supporting data setting forth the amount of moneys needed to provide hospital care for the indigent residents for said county.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 1 - HOSPITAL CARE FOR THE INDIGENT GENERALLY (§§ 31-8-1 — 31-8-11) › Section 31-8-6 - Credit for expenditures by county

Upon certification approved by the department, any participating county may receive credit for direct expenditures made during the period covered by the budget by the county to a hospital or hospitals when such expenditures can be shown to have been made for the care of indigent residents as defined in this Code section.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 1 - HOSPITAL CARE FOR THE INDIGENT GENERALLY (§§ 31-8-1 — 31-8-11) › Section 31-8-7 - Qualifications for assistance under program; waiver of residence requirements in emergencies

In order to qualify for assistance under this program, a person must be an indigent resident of this state and must be a person for whom hospital care is not available under any other program. The six-months' residency requirement may be waived if a physician certifies that the illness or injury constitutes an emergency which requires immediate hospital care.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 1 - HOSPITAL CARE FOR THE INDIGENT GENERALLY (§§ 31-8-1 — 31-8-11) › Section 31-8-8 - Agreements between department and other governmental agencies or private organizations to obtain funds

The department is authorized and empowered to enter into agreements with other state departments and boards, agencies of the United States government, local governmental agencies, and voluntary organizations to obtain funds for hospital care that may be available for needy persons; and the department is authorized to administer any funds received under such agreements in conformity with this article; provided, however, that the authority granted in this article shall not prevent the department from complying with
42 U.S.C.A. Section 701
, et seq.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 1 - HOSPITAL CARE FOR THE INDIGENT GENERALLY (§§ 31-8-1 — 31-8-11) › Section 31-8-9 - Use of gifts and donations

The department is authorized and empowered to accept and expend any and all gifts and donations that may be available to it for the purposes of this article.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 1 - HOSPITAL CARE FOR THE INDIGENT GENERALLY (§§ 31-8-1 — 31-8-11) › Section 31-8-10 - Rules and regulations

The department shall adopt and promulgate such rules and regulations as it deems necessary to carry out this article.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 1 - HOSPITAL CARE FOR THE INDIGENT GENERALLY (§§ 31-8-1 — 31-8-11) › Section 31-8-11 - Construction of article

This article shall not be construed as replacing federal, state, or local programs for the indigent but may supplement such programs for hospital care of the indigent.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 2 - HOSPITAL CARE FOR NONRESIDENT INDIGENTS (§§ 31-8-30 — 31-8-37) › Section 31-8-30 - Findings; purpose of article

The General Assembly finds that there is an inequitable distribution of the public costs incurred in providing health care for indigent persons who receive such care outside their counties of residence. The publicly supported hospitals providing such health care are frequently not reimbursed for the costs thereby incurred, which either increases the tax burden of citizens supporting such hospitals or increases the charges made to paying patients or causes a combination of both types of such increases. It is the purpose of this article to recognize and provide for the state's responsibility to assist in the payment of cost of care for nonresident indigent patients by providing procedures for the reimbursement of such costs from state funds.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 2 - HOSPITAL CARE FOR NONRESIDENT INDIGENTS (§§ 31-8-30 — 31-8-37) › Section 31-8-31 - Definitions

As used in this article, the term:
(1)
"Area of operation" shall, for the purpose of hospital authorities, have the same meaning as defined in paragraph (1) of Code Section
31-7-71
and, for purposes of all other hospitals, shall be the county in which the hospital is located.
(2)
"Cost of care" means the cost of services rendered by a hospital at the reimbursement rate currently in effect for the hospital under the medical assistance program for the needy under Title XIX of the Social Security Act (
42 U.S.C.A. Section 1396
, et seq.), as amended, but shall not include any portion of such cost which is paid by the indigent patient, by the spouse or a relative of the indigent patient, by insurance, or by any governmental or other public agency pursuant to any federal, state, or local program paying cost of health care for indigent patients, other than the program established by this article.
(2.1)
"Department" means the Department of Community Health.
(3)
"Fiscal year" means the period beginning on July 1 of each year and ending on June 30 of the immediately following year.
(4)
"Fund" means the Nonresident Indigent Health Care Fund created by Code Section
31-8-33
.
(5)
"Health care" means the following services for nonresident inpatients and outpatients:
(A)
Emergency care or treatment;
(B)
Treatment for conditions of pregnancy and treatment of the newborn infant from the time of birth until the time of discharge from the hospital;
(C)
Treatment for a potentially disabling illness or injury when treatment for such illness or injury is not available for indigent patients in the county of residence of the patient; and
(D)
Treatment for any combination of the foregoing.
(6)
"Hospital" means a hospital which is permitted to operate by the department pursuant to Article 1 of Chapter 7 of this title.
(7)
"Hospital authority" means a hospital authority created pursuant to Article 4 of Chapter 7 of this title.
(8)
"Indigent patient" means a nonresident patient who is certified as an indigent pursuant to Code Section
31-8-32
.
(9)
"Nonresident patient" means a person who receives health care from a hospital and who is a resident of this state but who is not a resident of the area of operation of the hospital providing such health care.
Amended by 2011 Ga. Laws 244,§ 4-9, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 2 - HOSPITAL CARE FOR NONRESIDENT INDIGENTS (§§ 31-8-30 — 31-8-37) › Section 31-8-33 - Creation of fund

There is created the Nonresident Indigent Health Care Fund for the purpose of making payments therefrom to hospitals to reimburse such hospitals for the cost of care of nonresident indigent patients. Such fund shall be made up of appropriations made thereto by the General Assembly, as provided in this article.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 2 - HOSPITAL CARE FOR NONRESIDENT INDIGENTS (§§ 31-8-30 — 31-8-37) › Section 31-8-34 - Maintenance of records; certification of cost of care; determination of amount of fund

(a)
Each hospital shall maintain accurate records of its cost of care for providing health care services for nonresident indigent patients. As soon as practicable after the close of each quarter of each fiscal year and within not more than 30 days after the close thereof, the chief administrative officer of each hospital shall certify to the commissioner the total cost of care incurred by the hospital in providing health care to nonresident indigent patients for the immediately preceding quarter.
(b)
For the 1980-81 fiscal year, the commissioner shall estimate the state-wide cost of care for nonresident indigent patients by annualizing the total amount shown on the first quarterly submissions to him under subsection (a) of this Code section of cost of care for nonresident indigent patients and by adjusting the annualized amount by a factor, not to exceed 10 percent of such amount, which the commissioner determines to be a reasonable estimate of anticipated increases in the cost of care for nonresident indigent patients.
(c)
For the 1981-82 fiscal year and for each fiscal year thereafter, the commissioner shall estimate the state-wide cost of care for nonresident indigent patients by annualizing the total payments, as provided by Code Section
31-8-35
, to hospitals from the fund during the first quarter of the immediately preceding fiscal year, adjusted by a factor which, based on the experience of the fund, the commissioner determines to be a reasonable estimate of anticipated increases or decreases in the cost of care for nonresident indigent patients; but no estimated increase in such cost shall exceed 10 percent of the annualized amount.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 2 - HOSPITAL CARE FOR NONRESIDENT INDIGENTS (§§ 31-8-30 — 31-8-37) › Section 31-8-35 - Payments from fund to hospitals

For each fiscal year, beginning with the 1980-81 fiscal year, payments to hospitals for cost of care of nonresident indigent patients shall be made from the fund. Beginning with the certifications made after the close of the first quarter of the 1980-81 fiscal year, the quarterly certifications of cost of care for nonresident indigent patients made by hospitals pursuant to subsection (a) of Code Section
31-8-34
shall constitute requests for payments from the fund to reimburse such hospitals for the cost of care. Within 30 days after receiving any such request, the commissioner shall authorize the state treasurer to issue a check to the hospital submitting the request for the payment from the fund of the amount requested.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 2 - HOSPITAL CARE FOR NONRESIDENT INDIGENTS (§§ 31-8-30 — 31-8-37) › Section 31-8-36 - State appropriations to fund

(a)
For each fiscal year, beginning with the 1980-81 fiscal year, the commissioner shall make a request for appropriation of the amount determined under Code Section
31-8-34
as the state-wide cost of care for nonresident indigent patients in the budget of the Department of Community Health under the category: "Nonresident Indigent Health Care Fund." The budget shall cite this article as the authority for such request and shall make such additional explanation of the request as the commissioner deems appropriate.
(b)
In the event the General Assembly fails to appropriate funds in accordance with the budget request made pursuant to subsection (a) of this Code section or fails to appropriate the full amount requested, the payments to hospitals under Code Section
31-8-35
shall be reduced pro rata in accordance with the amount actually available to the fund.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 2 - HOSPITAL CARE FOR NONRESIDENT INDIGENTS (§§ 31-8-30 — 31-8-37) › Section 31-8-37 - Compliance with this article contingent upon appropriation

On and after July 1, 1987, hospitals shall not be required to comply with the provisions of this article unless the General Assembly appropriates funds in an amount determined as the state-wide cost of care for nonresident indigent patients as provided for in Code Section
31-8-36
.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 2A - HOSPITAL CARE FOR PREGNANT WOMEN (§§ 31-8-40 — 31-8-46) › Section 31-8-40 - Legislative findings and purpose

The General Assembly finds that Georgia's high rates of infant mortality and morbidity are costly to the state in terms of human suffering and of expenditures for long-term institutionalization, special education, and medical care. It is well documented that appropriate care during pregnancy and delivery can prevent many of the expensive, disabling problems our children experience. The State of Georgia is making progress in improving services and funding. However, the General Assembly is concerned that some women continue to be refused service for financial reasons at hospitals when they request admission after labor has begun. It is the purpose of this article to assure that:
(1)
No hospital denies available, appropriate emergency services to a woman who has not made prior arrangements for the payment of the delivery and who seeks hospital care for the safe delivery of her child;
(2)
Counties assume a share of the responsibility in meeting this critical need for their residents who receive such care when no other source of payment from public or private sources is available; and
(3)
Women receiving such care and other persons specified in this article assume certain responsibilities with regard to payment for such care after it is rendered, but it is not the purpose of this article to establish a general health insurance program for all pregnant indigent women.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 2A - HOSPITAL CARE FOR PREGNANT WOMEN (§§ 31-8-40 — 31-8-46) › Section 31-8-41 - Definitions

As used in this article, the term:
(1)
"Cost of care" means the cost of services rendered by a hospital for care required to be provided thereby under this article, and for services rendered by a physician in connection therewith, at the lesser of the actual charges or the reimbursement rate currently in effect for the hospital and physician under the medical assistance program for the needy under Title XIX of the Social Security Act (
42 U.S.C.A. Section 1396
, et seq.), as amended, but shall not include any portion of such cost which is paid by the indigent patient, by the spouse or a relative of the indigent patient, by the father of the child, by insurance, or by any governmental or other public agency pursuant to any federal, state, or local program paying cost of health care for indigent patients, other than the program established by this article. The Medicaid reimbursement rate for services under this article shall not be adjusted for outlier payment. Payments actually received by a hospital or physician, when made by the patient, the patient's spouse, family member, father of the patient's child, or by insurance, the medical assistance program for the needy, any similar federal, state, or local program, or any other third-party payor other than a county, shall constitute payment to the hospital or physician, respectively, of the payment amount so received and exclude that amount from the definition of "cost of care." When a hospital renders care to a woman who is not a resident of the county in which that hospital is located and that care is required to be provided under this article but there is within the county of residence of that woman a hospital which usually and customarily provides that care, "cost of care" means the lesser of the actual charges for the care actually rendered or the Medicaid reimbursement rate currently in effect for such care, which Medicaid reimbursement rate shall be that Medicaid rate for such care in the hospital of the woman's county of residence, unless there is more than one such hospital, in which event the rate shall be the average Medicaid rate for such care in all hospitals of the woman's county of residence.
(1.1)
"Department" means the Department of Community Health.
(2)
"Hospital" means a hospital which is permitted to operate by the department pursuant to Article 1 of Chapter 7 of this title.
(3)
"Indigency" means the inability of a patient or other person to pay the entire cost of care determined in accordance with subsection (a) of Code Section
31-8-43
.
(4)
"Patient" means a pregnant woman who receives services under this article.
(5)
"Resident of the county" means a person who is domiciled in the county as determined pursuant to Chapter 2 of Title 19.
Amended by 2011 Ga. Laws 244,§ 4-10, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 2A - HOSPITAL CARE FOR PREGNANT WOMEN (§§ 31-8-40 — 31-8-46) › Section 31-8-42 - Requirement of hospitals with emergency services to provide care to pregnant women in labor

Any hospital which operates an emergency service shall be required to provide the appropriate, necessary emergency services to any pregnant woman who is a resident of this state and who presents herself in active labor to the hospital, if those services are usually and customarily provided in that facility, which services shall be provided within the scope of generally accepted practice based upon the information furnished the hospital by the pregnant woman, including such information as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such information as the pregnant woman may furnish the hospital. If, in the medical judgment of the physician responsible for the emergency service, the hospital must transfer the patient because the hospital is unable to provide appropriate treatment, the hospital where the patient has presented herself shall:
(1)
Within the capabilities of the hospital provide such emergency services as the circumstances require, which services shall be provided within the scope of generally accepted practice based upon the information furnished the hospital by the pregnant woman, including such information as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such information as the pregnant woman may furnish the hospital;
(2)
Contact an appropriate receiving hospital and notify such hospital that the patient is in transit;
(3)
Arrange suitable transportation for the patient if necessary; and
(4)
Send to the receiving hospital any available information on the patient's history and condition.
The transfer shall not be authorized until the physician considers the patient sufficiently stabilized for transport.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 2A - HOSPITAL CARE FOR PREGNANT WOMEN (§§ 31-8-40 — 31-8-46) › Section 31-8-44 - Immunity of hospital or health care provider from liability

No physician, nurse, or other such medical assistant, nor the hospital or any of its agents or employees shall be guilty of malpractice or civilly liable therefor for treatment rendered under this article unless the physician, nurse, or other medical assistant, or the hospital, its agent, or employee has been grossly negligent in the provision of such services or has willfully failed to comply with the provisions of this article. No action shall be brought in connection with treatment rendered under this article without a specific allegation of gross negligence or willful failure to comply.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 2A - HOSPITAL CARE FOR PREGNANT WOMEN (§§ 31-8-40 — 31-8-46) › Section 31-8-45 - Availability of cause of action for patient wrongfully denied care

If a hospital fails or refuses to provide treatment or services pursuant to the provisions of Code Section
31-8-42
, a person aggrieved by such failure or refusal shall have a cause of action against the hospital for damages and for such other relief as the court having jurisdiction of the action deems proper. No person shall be prohibited from maintaining such an action for failure to exhaust any rights to administrative relief.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 2A - HOSPITAL CARE FOR PREGNANT WOMEN (§§ 31-8-40 — 31-8-46) › Section 31-8-46 - Investigation; penalties; rules and regulations

(a)
If the department receives notice that a violation by a hospital of Code Section
31-8-42
is in progress, the department shall immediately order an investigation to determine whether or not there has been a violation and upon finding that a violation has occurred shall immediately order the hospital to comply with that Code section.
(b)
If a hospital violates Code Section
31-8-42
, the department shall assess a civil penalty of $500.00 for each such violation. Any such civil penalty shall be imposed by the department only after notice and hearing as provided in Article 1 of Chapter 5 of this title. Any person or facility subject to a civil penalty under this Code section is entitled to judicial review in accordance with Article 1 of Chapter 5 of this title. All civil penalties recovered by the department under this Code section shall be paid into the general fund of the state treasury.
(c)
Any hospital held to be in violation of Code Section
31-8-42
more than three times within any 12 month period shall be subject to suspension or revocation of license by the Department of Community Health.
(d)
The Department of Community Health is authorized and directed to promulgate appropriate rules and regulations for the enforcement of this article.
(e)
Nothing in this article shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided by or under any other law.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
Amended by 2008 Ga. Laws 392,§ 2-27, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 3 - LONG-TERM CARE OMBUDSMAN PROGRAM (§§ 31-8-50 — 31-8-63) › Section 31-8-50 - Declaration of policy

The General Assembly finds that a significant number of older citizens of this state reside in long-term care facilities in this state and, because of their isolated and vulnerable condition, are more dependent on others for their protection and care. It is the intent of the General Assembly to protect and improve the quality of care and life for residents through the promotion of community involvement in long-term care facilities and by the establishment of a process to resolve complaints and problems of residents. It is the further intent of the General Assembly that the department, within available resources and pursuant to its duties under the Older Americans Act of 1965, as amended, ensure that the quality of care and life for such residents is maintained, that necessary reports are made and that, where necessary, corrective action is taken at the departmental level.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 3 - LONG-TERM CARE OMBUDSMAN PROGRAM (§§ 31-8-50 — 31-8-63) › Section 31-8-51 - Definitions

As used in this article, the term:
(1)
"Community ombudsman" means a person certified as a community ombudsman pursuant to Code Section
31-8-52
.
(1.1)
"Department" means the Department of Human Services.
(2)
"Long-term care facility" means any skilled nursing home, intermediate care home, private home care provider, assisted living community, or personal care home now or hereafter subject to regulation and licensure by the Department of Community Health.
(3)
"Resident" means any person who is receiving treatment or care in any long-term care facility who seeks admission to such facility or who has been discharged or transferred from such facility.
(4)
"State ombudsman" means the state ombudsman established under Code Section
31-8-52
.
Amended by 2014 Ga. Laws 583,§ 1, eff. 7/1/2014.
Amended by 2011 Ga. Laws 56,§ 18, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 2-16, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 3 - LONG-TERM CARE OMBUDSMAN PROGRAM (§§ 31-8-50 — 31-8-63) › Section 31-8-52 - Establishment of long-term care ombudsman program

Pursuant to the Older Americans Act of 1965 (P.L. 89-73, 79 Stat. 219), as amended, and as a condition of receiving funds under that act for various programs for older citizens of this state, the Department of Human Services has been required to establish and operate a long-term care ombudsman program. In order to receive such funds, the department has already established a position of state ombudsman within the state Office of Special Programs. The state ombudsman shall be under the direct supervision of the commissioner of human services or his or her designee and shall be given the powers and duties hereafter provided by this article. The state ombudsman shall be a person qualified by training and experience in the field of aging or long-term care, or both. The state ombudsman shall promote the well-being and quality of life of residents in long-term care facilities and encourage the development of community ombudsman activities at the local level. The state ombudsman may certify community ombudsmen and such certified ombudsmen shall have the powers and duties set forth in Code Sections
31-8-54
and
31-8-55
. The state ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the department prior to certification. Such training shall include an internship of at least seven working days in a nursing home and at least three working days in a personal care home. Upon certification, the state ombudsman shall issue an identification card which shall be presented upon request by community ombudsmen whenever needed to carry out the purposes of this article. Two years after first being certified and every two years thereafter, each such community ombudsman, in order to carry out his or her duties under this article, shall be recertified by the state ombudsman as continuing to meet the department's standards as community ombudsman.
Amended by 2011 Ga. Laws 244,§ 5-13, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 3 - LONG-TERM CARE OMBUDSMAN PROGRAM (§§ 31-8-50 — 31-8-63) › Section 31-8-53 - Duties of state ombudsman

The state ombudsman shall:
(1)
Establish policies and procedures, subject to approval by the commissioner of human services, for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of residents of long-term care facilities concerning any act, omission to act, practice, policy, or procedure that may adversely affect the health, safety, or welfare of any resident;
(2)
Investigate and make reports and recommendations to the department and other appropriate agencies concerning any act or failure to act by any government agency with respect to its responsibilities and duties in connection with long-term care or residents of long-term care facilities;
(3)
Establish a uniform state-wide reporting system to record data about complaints and conditions in long-term care facilities and shall collect and analyze such data in order to identify significant problems affecting the residents of such facilities;
(4)
Promote the development of community ombudsmen activities and provide technical assistance as necessary; and
(5)
Make an annual written report, documenting the types of complaints and problems reported by residents, to the director of the Office of Special Programs for his recommendations to the commissioner concerning needed policy and regulatory and legislative changes.
Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 3 - LONG-TERM CARE OMBUDSMAN PROGRAM (§§ 31-8-50 — 31-8-63) › Section 31-8-54 - Duties of community ombudsmen

Pursuant to policies and procedures established by the state ombudsman, the community ombudsmen shall:
(1)
Learn about the general conditions affecting residents of long-term care facilities and work for the best interest of these residents;
(2)
Receive, investigate, and attempt to resolve complaints made by or on behalf of residents of long-term care facilities;
(3)
Collect data about the number and types of complaints handled; and
(4)
Report regularly to the state ombudsman about the data collected and the activities of the community ombudsmen.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 3 - LONG-TERM CARE OMBUDSMAN PROGRAM (§§ 31-8-50 — 31-8-63) › Section 31-8-56 - Resolution of complaints

(a)
Following an investigation, the state ombudsman or community ombudsman shall report his opinions or recommendations to the party or parties affected thereby and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation, conciliation, and persuasion. With respect to a complaint against the long-term care facility, the ombudsman shall first notify the administrator of the facility in writing and give such administrator a reasonable opportunity to correct any alleged defect. If the administrator fails to take corrective action after a reasonable amount of time or if the defect seriously threatens the safety or well-being of the residents, the state ombudsman or community ombudsman may refer the complaint to an appropriate agency.
(b)
Complaints or conditions adversely affecting residents of long-term care facilities which cannot be resolved in the manner described in subsection (a) of this Code section shall, whenever possible, be referred by the state ombudsman or community ombudsman to an appropriate agency.
(c)
The community ombudsman shall not disclose to the public, either directly or indirectly, the identity of any long-term care facility which is the subject of an investigation unless and until the matter has been reviewed by the office of the state ombudsman and the matter has been referred to an appropriate governmental agency for action.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 3 - LONG-TERM CARE OMBUDSMAN PROGRAM (§§ 31-8-50 — 31-8-63) › Section 31-8-57 - Reporting abuse

Any person who has reasonable cause to believe that a resident of a long-term care facility is being, or has been, abused, neglected, exploited, or abandoned or is in a condition which is the result of abuse, neglect, exploitation, or abandonment may report such information or cause a report to be made in any reasonable manner to the state ombudsman or community ombudsman, if any.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 3 - LONG-TERM CARE OMBUDSMAN PROGRAM (§§ 31-8-50 — 31-8-63) › Section 31-8-58 - Confidentiality

The identity of any complainant, resident on whose behalf a complaint is made, or individual providing information on behalf of the resident or complainant relevant to the investigation of a complaint shall be confidential and may be disclosed only with the express permission of such person. The information produced by an investigation may be disclosed by the state ombudsman or community ombudsman only if the identity of any such person is not disclosed by name or inference. If the identity of any such person is disclosed by name or inference in such information, the information may be disclosed only with his express permission. If the complaint becomes the subject of a judicial proceeding, such investigative information may be disclosed for the purpose of the proceeding.