reglab/statecodes huggingface dataset:
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— 31-8-307) › Article 6C - HOSPITAL MEDICAID FINANCING PROGRAM (§§ 31-8-179 — 31-8-179.6) › Section 31-8-179.2 - [Repealed effective 6/30/2030] Department of Community Health authorized to assess one or more provider payments on hospitals for the purpose of obtaining federal financial participation for Medicaid

(a)
The board shall be authorized to establish and assess, by board rule, one or more provider payments on hospitals, or a subclass of hospitals, as defined by the board; provided, however, that if any such provider payment is established and assessed, the provider payment shall comply with the requirements of
42 C.F.R. 433.68
. Any provider payment assessed pursuant to this article shall not exceed the amount necessary to obtain federal financial participation allowable under Title XIX of the federal Social Security Act. The aggregate amount of any fees established and assessed pursuant to this subsection shall not exceed those percentages of net patient revenues set forth in the General Appropriations Act. The board shall be authorized to discontinue any provider payment assessed pursuant to this article. The board shall cease to impose any such provider payment if:
(1)
The provider payments are not eligible for federal matching funds under Title XIX of the federal Social Security Act; or
(2)
The department reduces Medicaid payment rates to hospitals as are in effect on June 30, 2012, or reduces the provider payment rate adjustment factors utilized in developing the state Fiscal Year 2013 capitated rates for Medicaid managed care organizations.
(a.1)
The General Assembly shall have the authority to override any provider payment assessed by the board pursuant to this Code section in accordance with the procedures contained in subsection (f) of Code Section
50-13-4
.
(b)
The board shall be authorized to establish rules and regulations to assess and collect any such provider payments, including, but not limited to, payment frequency and schedules, required information to be submitted, record retention, and whether any such provider payment shall be credited toward any indigent or charity care requirements or considered a community benefit.
Amended by 2014 Ga. Laws 669,§ 31, eff. 4/29/2014.
Amended by 2013 Ga. Laws 325,§ 2, eff. 5/7/2013.
Added by 2013 Ga. Laws 1,§ 1, eff. 7/1/2013.
Added by 2010 Ga. Laws 360,§ 2-1, 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 6C - HOSPITAL MEDICAID FINANCING PROGRAM (§§ 31-8-179 — 31-8-179.6) › Section 31-8-179.3 - [Repealed effective 6/30/2030] Provider payments assessed to be deposited in segregated accounts within Indigent Care Trust Fund; sole purpose of funds to obtain federal financial participation for medical assistance payments for Medicaid recipients; retention and inspection of records; penalties

(a)
Any provider payments assessed pursuant to this article shall be deposited into a segregated account for each payment program within the Indigent Care Trust Fund created pursuant to Code Section
31-8-152
. No other funds shall be deposited into any such segregated account or accounts. All funds in any such segregated account or accounts shall be invested in the same manner as authorized for investing other moneys in the state treasury. Any funds deposited into a segregated account pursuant to this article shall be subject to appropriation by the General Assembly.
(b)
Any provider payments assessed pursuant to this article shall be dedicated and used for the sole purpose of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49.
(c)
Each hospital shall keep and preserve for a period of seven years such books and records as may be necessary to determine the amount for which it is liable under this article. The department shall have the authority to inspect and copy the records of a hospital for purposes of auditing the calculation of the provider payment. All information obtained by the department pursuant to this article shall be confidential and shall not constitute a public record.
(d)
The department shall be authorized to impose a penalty of up to 6 percent for any hospital that fails to pay a provider payment within the time required by the department for each month or fraction thereof that the provider payment is overdue. If a required provider payment has not been received by the department in accordance with department timelines, the department shall withhold an amount equal to the provider payment and penalty owed from any medical assistance payment due such hospital under the Medicaid program. Any provider payment assessed pursuant to this article shall constitute a debt due the state and may be collected by civil action and the filing of tax liens in addition to such methods provided for in this article. Any penalty that accrues pursuant to this subsection shall be credited to the applicable segregated account.
Added by 2013 Ga. Laws 1,§ 1, eff. 7/1/2013.
Amended by 2011 Ga. Laws 245,§ 31, eff. 5/13/2011.
Added by 2010 Ga. Laws 360,§ 2-1, 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 6C - HOSPITAL MEDICAID FINANCING PROGRAM (§§ 31-8-179 — 31-8-179.6) › Section 31-8-179.4 - [Repealed effective 6/30/2030] Authorized use of appropriated funds

(a)
Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into one or more segregated accounts. Such appropriations shall be authorized to be made for the sole purpose of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49. Any appropriation from a segregated account for any purpose other than such medical assistance payments shall be void.
(b)
Revenues appropriated to the department pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such funds have been appropriated.
(c)
Appropriations from a segregated account to the department shall not lapse to the general fund at the end of the fiscal year.
Added by 2013 Ga. Laws 1,§ 1, eff. 7/1/2013.
Added by 2010 Ga. Laws 360,§ 2-1, 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 6C - HOSPITAL MEDICAID FINANCING PROGRAM (§§ 31-8-179 — 31-8-179.6) › Section 31-8-179.5 - [Repealed effective 6/30/2030] Applicability of Georgia Medical Assistance Act

Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the "Georgia Medical Assistance Act of 1977," shall apply to the department in carrying out the purposes of this article.
Added by 2013 Ga. Laws 1,§ 1, eff. 7/1/2013.
Added by 2010 Ga. Laws 360,§ 2-1, 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 6C - HOSPITAL MEDICAID FINANCING PROGRAM (§§ 31-8-179 — 31-8-179.6) › Section 31-8-179.6 - [Repealed effective 6/30/2030] Automatic repeal

This article shall stand repealed on June 30, 2030, unless reauthorized by the General Assembly prior to that date.
Amended by 2024 Ga. Laws 400,§ 1, eff. 7/1/2024.
Amended by 2019 Ga. Laws 42,§ 4, eff. 4/25/2019.
Amended by 2017 Ga. Laws 4,§ 1, eff. 2/13/2017.
Added by 2013 Ga. Laws 1,§ 1, eff. 7/1/2013.
Added by 2010 Ga. Laws 360,§ 2-1, 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 7 - DISCLOSURE OF TREATMENT OF ALZHEIMER'S DISEASE OR ALZHEIMER'S RELATED DEMENTIA (§§ 31-8-180 — 31-8-184) › Section 31-8-180 - Definitions

As used in this article, the term:
(1)
"Alzheimer's disease" or "Alzheimer's related dementia" means a progressive, degenerative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior.
(2)
"Care," "treatment," and "therapeutic activities" shall not include the sole activity of marketing, selling, manufacturing, or dispensing medication which is approved by the United States Food and Drug Administration and prescribed by a person licensed to practice medicine in accordance with Chapter 34 of Title 43 and informational or support services related to the use of such medication.
(3)
"Department" means the Department of Community Health.
Amended by 2011 Ga. Laws 244,§ 4-14, 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 7 - DISCLOSURE OF TREATMENT OF ALZHEIMER'S DISEASE OR ALZHEIMER'S RELATED DEMENTIA (§§ 31-8-180 — 31-8-184) › Section 31-8-181 - Individuals and hospitals excluded from application of article

This article shall not apply to the following:
(1)
An individual licensed to practice medicine under the provisions of Chapter 34 of Title 43, and persons employed by such an individual, provided that any nursing home, personal care home as defined by Code Section
31-6-2
, hospice as defined by Code Section
31-7-172
, respite care service as defined by Code Section
49-6-72
, adult day program, or home health agency owned, operated, managed, or controlled by a person licensed to practice medicine under the provisions of Chapter 34 of Title 43 shall be subject to the provisions of this article; or
(2)
A hospital. However, to the extent that a hospital's nursing home, personal care home as defined by Code Section
31-6-2
, hospice as defined by Code Section
31-7-172
, respite care service as defined by Code Section
49-6-72
, adult day program, or home health agency holds itself out as providing care, treatment, or therapeutic activities for persons with Alzheimer's disease or Alzheimer's related dementia as part of a specialty unit, such nursing home, personal care home, hospice, respite care service, adult day program, or home health agency shall be subject to the provisions 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 7 - DISCLOSURE OF TREATMENT OF ALZHEIMER'S DISEASE OR ALZHEIMER'S RELATED DEMENTIA (§§ 31-8-180 — 31-8-184) › Section 31-8-182 - Disclosure of care, treatment, or therapeutic activities required; disclosure form

(a)
Any entity, facility, program, or any instrumentality of the state or political subdivision of the state other than those excluded by Code Section
31-8-181
which advertises, markets, or offers to provide specialized care, treatment, or therapeutic activities for one or more persons with a probable diagnosis of Alzheimer's disease or Alzheimer's related dementia shall disclose the form of care, treatment, or therapeutic activities provided beyond that care, treatment, or therapeutic activities provided to persons who do not have a probable diagnosis of Alzheimer's disease or Alzheimer's related dementia.
(b)
The disclosure required by subsection (a) of this Code section shall be made in writing on the disclosure form provided for by subsection (c) of this Code section and provided to any person seeking information concerning placement in or care, treatment, or therapeutic activities from the entity, facility, program, or the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section
31-8-181
.
(c)
With input from persons and organizations with experience or expertise regarding care, treatment, or therapeutic activities for persons who have Alzheimer's disease or Alzheimer's related dementia, the department shall develop a standard disclosure form. The disclosure shall be made on such form. The entity, facility, program, or the instrumentality of the state or a political subdivision of the state other than those excluded by Code Section
31-8-181
shall revise the disclosure form whenever significant changes are made.
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 7 - DISCLOSURE OF TREATMENT OF ALZHEIMER'S DISEASE OR ALZHEIMER'S RELATED DEMENTIA (§§ 31-8-180 — 31-8-184) › Section 31-8-183 - Areas covered by disclosure requirements

The disclosure required by Code Section
31-8-182
shall explain the specialized care, treatment, or therapeutic activities provided to patients, residents, or participants with Alzheimer's disease or Alzheimer's related dementia in each of the following areas:
(1)
The overall philosophy and mission of the entity, facility, program, or of the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section
31-8-181
which reflects the needs of patients or residents with Alzheimer's disease or Alzheimer's related dementia;
(2)
The processes for accepting patients, residents, or participants into the entity, facility, program, or into the instrumentality of the state or of a political subdivision of the state; for discharging patients, residents, or participants from the entity, facility, program, or from the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section
31-8-181
; and for handling emergency situations;
(3)
The processes used for defining the programs of services of that entity, facility, program, or of that instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section
31-8-181
, including the method by which the program of services responds to changes in the patient's, resident's, or participant's needs;
(4)
Staffing, staff training, and continuing education practices;
(5)
Description of the physical environment including safety and security features;
(6)
The frequency and types of activities for patients, residents, or participants;
(7)
The involvement of the entity, facility, program, or of the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section
31-8-181
with families and family support programs; and
(8)
The charge structure of the specialized care, treatment, or therapeutic activities, including any additional fees.
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 7 - DISCLOSURE OF TREATMENT OF ALZHEIMER'S DISEASE OR ALZHEIMER'S RELATED DEMENTIA (§§ 31-8-180 — 31-8-184) › Section 31-8-184 - Failure to provide disclosure; review and verification of disclosure form

(a)
Failure to provide disclosure as required by this article shall be considered a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975," and all public and private remedies available under such part shall be available with regard to a violation of this article.
(b)
Within existing procedures, the department may examine the disclosure form required by this article to verify its accuracy. If determined to be inaccurate, the department shall require the entity, facility, program, or the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section
31-8-181
either to:
(1)
Provide the specialized care, treatment, or therapeutic activities listed on the disclosure form; or
(2)
Modify the disclosure form to reflect the specialized care, treatment, or therapeutic activities actually being offered.
The entity, facility, program, or the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section
31-8-181
will make the decision of which alternative listed in paragraph (1) or (2) of this subsection to pursue. Action by the department in pursuit of this subsection shall not affect the licensing process for any entity, facility, program, or the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section
31-8-181
.
(c)
For the purposes of the review and verification referred to in subsection (b) of this Code section, the disclosure form being provided to the public at the time of the review and verification shall be used.
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 8 - HEALTH SHARE VOLUNTEERS IN MEDICINE (§§ 31-8-190 — 31-8-201) › Section 31-8-190 - Short title

This article shall be known and may be cited as the "'Health Share' Volunteers in Medicine Act."
Added by 2005 Ga. Laws 414,§ 1, eff. 7/1/2005.
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 8 - HEALTH SHARE VOLUNTEERS IN MEDICINE (§§ 31-8-190 — 31-8-201) › Section 31-8-191 - Legislative findings and intent

The General Assembly finds that a significant proportion of the residents of this state who are uninsured or Medicaid recipients are unable to access needed health care because health care providers fear the increased risk of medical negligence liability. It is the intent of the General Assembly that access to medical care for indigent residents be improved by providing governmental protection to health care providers who offer free quality medical services to underserved populations of the state. Therefore, it is the intent of the General Assembly to ensure that health care professionals who contract to provide such services as agents of the state are provided sovereign immunity.
Added by 2005 Ga. Laws 414,§ 1, eff. 7/1/2005.
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 8 - HEALTH SHARE VOLUNTEERS IN MEDICINE (§§ 31-8-190 — 31-8-201) › Section 31-8-194 - Notice to patients required

The governmental contractor or the health care provider if designated in the contract must provide written notice to each patient or the patient's legal representative, receipt of which must be acknowledged in writing, that the provider is a state employee or officer for purposes of this article and that the exclusive remedy for injury or damage suffered as the result of any act or omission of a provider acting within the scope of duties pursuant to a contract is by commencement of an action pursuant to the provisions of Article 2 of Chapter 21 of Title 50 and that a remedy or remedies for injury or damage suffered as the result of any act or omission of a provider acting outside the scope of duties shall be as provided for under general tort law or other applicable law.
Added by 2005 Ga. Laws 414,§ 1, eff. 7/1/2005.
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 8 - HEALTH SHARE VOLUNTEERS IN MEDICINE (§§ 31-8-190 — 31-8-201) › Section 31-8-195 - Volunteers to provide services

(a)
Every governmental contractor is authorized to recruit, train, and accept the services of volunteers, including regular-service volunteers and occasional-service volunteers in support of or in assistance to the program of health care services provided pursuant to this article to provide services, including but not limited to clerical, computer, and administrative support.
(b)
Prior to providing any services, a volunteer shall enter into a written agreement with the governmental contractor in a form as prescribed by the department.
(c)
Each governmental contractor utilizing the services of volunteers pursuant to this Code section shall:
(1)
Take such actions as are necessary to ensure that volunteers understand their duties and responsibilities;
(2)
Take such actions as are necessary to ensure that volunteers are made aware of and follow all applicable health and safety rules, regulations, and procedures;
(3)
Take such actions as are necessary to ensure that volunteers are provided appropriate oversight and guidance in the performance of their volunteer service; and
(4)
Ensure that each volunteer enters into a written agreement with the governmental contractor in accordance with subsection (b) of this Code section.
(d)
A volunteer shall be considered a state employee or officer for purposes of Article 2 of Chapter 21 of Title 50 while performing services pursuant to and in accordance with this Code section.
Added by 2005 Ga. Laws 414,§ 1, eff. 7/1/2005.
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 8 - HEALTH SHARE VOLUNTEERS IN MEDICINE (§§ 31-8-190 — 31-8-201) › Section 31-8-195.1 - Sovereign immunity protection for health care professionals in safety net clinics

(a)
A registered professional nurse, nurse midwife, licensed practical nurse, or advanced practice registered nurse licensed or registered under Chapter 26 of Title 43 or a physician assistant licensed pursuant to Article 4 of Chapter 34 of Title 43 who is employed by a safety net clinic that executes a contract with a governmental contractor pursuant to this article shall be considered a state officer or employee for purposes of Article 2 of Chapter 21 of Title 50 while providing health care services pursuant to such contract, so long as such nurse or physician assistant provides nonemergent care and such nurse's or physician assistant's total compensation, including all cash and noncash remunerations, does not fluctuate in relation to:
(1)
The number of patients served in the clinic;
(2)
The number of patient visits to the clinic;
(3)
Treatments in the clinic; or
(4)
Any other fact relating to the number of patient contacts or services rendered
pursuant to a contract under this article.
(b)
A physician licensed pursuant to Chapter 34 of Title 43 or medical resident who provides nonemergent medical care and treatment in a safety net clinic that executes a contract with a governmental contractor pursuant to this article shall be considered a state officer or employee for purposes of Article 2 of Chapter 21 of Title 50 while providing health care services pursuant to such contract, so long as the physician is practicing pursuant to a license issued under Code Section
43-34-41
or the physician or resident receives no compensation from the safety net clinic and is on staff at a local or regional hospital and provided that the physician's total compensation, including all cash and noncash remunerations, does not fluctuate in relation to:
(1)
The number of patients served in the clinic;
(2)
The number of patient visits to the clinic;
(3)
Treatments in the clinic; or
(4)
Any other fact relating to the number of patient contacts or services rendered
pursuant to a contract under this article.
(c)
No hospital shall require a physician to provide services at a safety net clinic as a condition for granting of staff privileges or for retaining staff privileges at such hospital.
(d)
This Code section shall be supplemental to all other provisions of law that provide defenses to health care providers. This Code section shall not create any new cause of action against a health care provider or additional liability to health care providers.
Amended by 2010 Ga. Laws 399,§ 1, eff. 7/1/2010.
Added by 2009 Ga. Laws 105,§ 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 8 - HEALTH SHARE VOLUNTEERS IN MEDICINE (§§ 31-8-190 — 31-8-201) › Section 31-8-196 - Exemption from employment regulations

Health care providers and volunteers recruited, trained, or accepted under this article shall not be subject to any provisions of the laws of this state relating to state employment, collective bargaining, hours of work, rates of compensation, leave time, or employee benefits. However, all health care providers and volunteers shall comply with applicable department or agency rules and regulations. Health care providers who are individuals and volunteers shall be considered as unpaid independent volunteers and shall not be entitled to unemployment compensation.
Added by 2005 Ga. Laws 414,§ 1, eff. 7/1/2005.
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 8 - HEALTH SHARE VOLUNTEERS IN MEDICINE (§§ 31-8-190 — 31-8-201) › Section 31-8-197 - Annual report of claims statistics

The Department of Administrative Services shall annually compile a report of all claims statistics which shall include the number and total of all claims pending and paid, and defense and handling costs associated with all claims brought against contract providers under this article. This report shall be forwarded to the department and included in the annual report submitted to the General Assembly pursuant to Code Section
31-8-198
.
Added by 2005 Ga. Laws 414,§ 1, eff. 7/1/2005.
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 8 - HEALTH SHARE VOLUNTEERS IN MEDICINE (§§ 31-8-190 — 31-8-201) › Section 31-8-198 - Annual report by the department summarizing the efficiency of access and treatment outcomes

Annually, the department shall report to the President of the Senate, the Speaker of the House of Representatives, the minority leaders of each house, and chairpersons of the House Health and Human Services Committee and the Senate Health and Human Services Committee, summarizing the efficacy of access and treatment outcomes with respect to providing health care services for low-income persons pursuant to this article.
Added by 2005 Ga. Laws 414,§ 1, eff. 7/1/2005.
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 8 - HEALTH SHARE VOLUNTEERS IN MEDICINE (§§ 31-8-190 — 31-8-201) › Section 31-8-199 - Department's responsibilities regarding liability insurance

The department shall be responsible for and shall pay such amounts as determined by the Department of Administrative Services for insurance premiums for liability coverage for the cost of claims and defense against litigation arising out of health care services delivered pursuant to this article. The department shall be responsible for submitting to the Department of Administrative Services all underwriting information requested by and all insurance premiums assessed by the Department of Administrative Services. The department shall annually report to the Department of Administrative Services the number and type of providers who have entered into a contract pursuant to this article.
Added by 2005 Ga. Laws 414,§ 1, eff. 7/1/2005.
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 8 - HEALTH SHARE VOLUNTEERS IN MEDICINE (§§ 31-8-190 — 31-8-201) › Section 31-8-200 - Adoption of rules and regulations

The department shall adopt rules and regulations to administer this article in a manner consistent with its purpose to provide and facilitate access to appropriate, safe, and cost-effective health care services and to maintain health care quality. All providers and volunteers shall be subject to such rules and regulations. The rules may include services to be provided and authorized procedures.
Added by 2005 Ga. Laws 414,§ 1, eff. 7/1/2005.
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 8 - HEALTH SHARE VOLUNTEERS IN MEDICINE (§§ 31-8-190 — 31-8-201) › Section 31-8-201 - Applicability; preservation of the state's rights under the Tort Claims Act

This article applies to incidents occurring on or after July 1, 2005. Nothing in this article in any way reduces or limits the rights of the state or any of its agencies or subdivisions to any benefit currently provided under Article 2 of Chapter 21 of Title 50.
Added by 2005 Ga. Laws 414,§ 1, eff. 7/1/2005.
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 9 - FEDERAL AND STATE FUNDED HEALTH CARE FINANCING PROGRAMS OVERVIEW COMMITTEE (§ 31-8-210) › Section 31-8-210 - [Repealed] Committee established; composition; officers; terms of office; duties and responsibilities; assistance from other state officers and agencies; compensation, per diem, and expense allowances; funding

Repealed and reserved by 2019 Ga. Laws 296,§ 9-1, eff. 7/1/2019.
Repealed and reserved by 2019 Ga. Laws 41,§ 2-8, eff. 7/1/2019.
Added by 2013 Ga. Laws 325,§ 3, eff. 5/7/2013.
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 10 - DRUG REPOSITORY PROGRAM (§§ 31-8-300 — 31-8-307) › Section 31-8-300 - Definitions

As used in this article, the term:
(1)
"Controlled substance" means a drug, substance, or immediate precursor in Schedules I through V of Code Sections
16-13-25
through
16-13-29
and Schedules I through V of 21 C.F.R. Part 1308 as of January 1, 2023.
(2)
"Disposition" means destroy, dispose of, return, quarantine, or otherwise prevent from further distribution.
(3)
"Eligible drug" means an over-the-counter or prescription drug, including drugs labeled specifically for investigational use and approved by the United States Food and Drug Administration as such, which may be donated to the program pursuant to Code Section
31-8-301
.
(4)
"Eligible patient" means an individual who is indigent, uninsured, underinsured, or enrolled in a public assistance health benefits program, in accordance with criteria established by the Department of Public Health pursuant to Code Section
31-8-304
. Other individuals may be considered eligible patients if the need for donated drugs for indigent, uninsured, underinsured, and public assistance health benefits program patients is less than the supply of donated drugs.
(5)
"Eligible recipient" means a pharmacy, hospital, federally qualified health center, nonprofit clinic, or other entity meeting the criteria established by the Department of Public Health pursuant to Code Section
31-8-304
.
(6)
"Expiration date" means the original expiration date provided by the manufacturer or repackager or the expiration date provided on the medication's packaging or prescription drug label.
(7)
"Health care facility" means a:
(A)
Nursing home licensed pursuant to Article 1 of Chapter 7 of this title;
(B)
Personal care home licensed pursuant to Code Section
31-7-12
;
(C)
Assisted living community licensed pursuant to Code Section
31-7-12.2
;
(D)
Hospice licensed pursuant to Article 9 of Chapter 7 of this title; and
(E)
Home health agency licensed pursuant to Article 7 of Chapter 7 of this title.
(8)
"Health care professional" means any of the following who provide medical, dental, or other health related diagnoses, care, or treatment:
(A)
Physicians licensed to practice medicine under Chapter 34 of Title 43;
(B)
Registered nurses and licensed practical nurses licensed under Chapter 26 of Title 43;
(C)
Physician assistants licensed under Chapter 34 of Title 43;
(D)
Dentists and dental hygienists licensed under Chapter 11 of Title 43;
(E)
Optometrists licensed under Chapter 30 of Title 43; and
(F)
Pharmacists licensed under Chapter 4 of Title 26.
(9)
"Hospital" means a facility licensed pursuant to Chapter 7 of this title.
(10)
"Program" means the drug repository program established pursuant to Code Section
31-8-301
.
(11)
"Short-dated" means within five months of a drug's expiration date.
Amended by 2024 Ga. Laws 473,§ 2-2, eff. 4/23/2024.
Added by 2016 Ga. Laws 471,§ 1, eff. 7/1/2016.
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 10 - DRUG REPOSITORY PROGRAM (§§ 31-8-300 — 31-8-307) › Section 31-8-301 - Drug repository program established; criteria and requirements for unused over-the-counter and prescription drugs

(a)
The Department of Public Health shall establish a drug repository program to accept and dispense over-the-counter and prescription drugs donated for the purpose of being dispensed to eligible patients.
(b)
Drugs shall only be dispensed pursuant to the program if:
(1)
For prescription drugs, with an expiration date that does not expire before the completion of the medication by the eligible patient based on the prescribing health care professional's directions for use and, for over-the-counter drugs, with an expiration date that does not expire before use by the eligible patient based on the directions for use on the manufacturer's label; and
(2)
The drugs were donated in unopened tamper-evident packaging as defined by United States Pharmacopeia General Chapter 659, Packaging and Storage Requirements, including but not limited to unopened unit-dose and multiple-dose packaging.
(c)
The following drugs shall not be donated to the program:
(1)
Controlled substances;
(2)
Drugs subject to a federal Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to
Section 355-1 of Title 21 of the United States Code
if inventory transfer is prohibited by such strategy; or
(3)
Drugs that there is reason to believe are adulterated pursuant to Code Section
26-3-7
.
Amended by 2024 Ga. Laws 473,§ 2-3, eff. 4/23/2024.
Added by 2016 Ga. Laws 471,§ 1, eff. 7/1/2016.
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 10 - DRUG REPOSITORY PROGRAM (§§ 31-8-300 — 31-8-307) › Section 31-8-303 - Limited liability

When complying with the provisions of this article and the rules and regulations adopted pursuant to this chapter, unless an action or omission constitutes willful or wanton misconduct, the following persons or entities shall not be subject to criminal or civil prosecution, criminal or civil liability for injury, death, or loss to person or property, other criminal or civil action, or disciplinary actions by licensing, professional, or regulatory agencies:
(1)
A person that donates or gives drugs to an eligible recipient, including a drug manufacturer, wholesaler, reverse distributor pharmacy, third-party logistics provider, government entity, hospital, or health care facility;
(2)
An eligible recipient;
(3)
A health care professional who prescribes or dispenses a donated drug;
(4)
The Department of Public Health and State Board of Pharmacy;
(5)
An intermediary that helps administer the program by facilitating the donation or transfer of drugs to eligible recipients;
(6)
A manufacturer or repackager of a donated drug; and
(7)
Any employee, volunteer, trainee, or other staff of individuals and entities listed in paragraphs (1) through (6) of this Code section.
Added by 2016 Ga. Laws 471,§ 1, eff. 7/1/2016.
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 10 - DRUG REPOSITORY PROGRAM (§§ 31-8-300 — 31-8-307) › Section 31-8-304 - Rules and regulations; waiver

(a)
No later than January 1, 2017, the Department of Public Health shall establish rules and regulations to implement the program according to the provisions of this article for criteria for eligible recipients; standards and procedures for safely storing and dispensing donated drugs; criteria for eligible patients to receive donated drugs, including priority for patients who are indigent, uninsured, underinsured, or enrolled in a public assistance health benefits program; and handling fees that may be charged by eligible recipients to eligible patients to cover restocking, marketing, administrative, and dispensing costs.
(b)
The Department of Public Health may waive any provision of this article if it determines that the waiver is in the interest of public health and safety.
Added by 2016 Ga. Laws 471,§ 1, eff. 7/1/2016.
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 10 - DRUG REPOSITORY PROGRAM (§§ 31-8-300 — 31-8-307) › Section 31-8-305 - [Substitutions]

(a)
Notwithstanding Article 5 of Chapter 4 of Title 26, an eligible recipient may substitute:
(1)
A prescribed drug with a therapeutically equivalent drug; or
(2)
A biological product with an interchangeable biological product.
(b)
Substitutions made pursuant to subsection (a) of this Code section may include, but are not limited to:
(1)
Splitting a combination drug into two or more drugs;
(2)
Combining two or more drugs into a combination drug; and
(3)
Substituting a different form of a prescribed drug, including, but not limited to, an oral tablet or capsule.
(c)
If an eligible recipient dispenses or administers a substitute drug pursuant to this Code section, such substitution shall be communicated to the patient and the prescribing health care professional, unless the program's substitution policy is readily available on the eligible recipient's website.
(d)
Whenever a substitution is made, the eligible recipient shall record on the original prescription or the patient's prescription drug label that there has been a substitution and the identity of the dispensed drug product or interchangeable biological product.
Added by 2024 Ga. Laws 473,§ 2-5, eff. 4/23/2024.
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 10 - DRUG REPOSITORY PROGRAM (§§ 31-8-300 — 31-8-307) › Section 31-8-306 - [Appropriations; distributions]

(a)
It is the intent of the General Assembly that a portion of the proceeds of settlements received by the state relating to prescription drugs that are not controlled substances be appropriated for purposes of the program and distributed to eligible recipients in proportion to each such recipient's participation rate in the program.
(b)
It is further the intent of the General Assembly that if funds are appropriated for purposes of this article, the department shall be required to distribute such appropriations to eligible recipients in proportion to each such recipient's level of participation in the program.
Added by 2024 Ga. Laws 473,§ 2-5, eff. 4/23/2024.
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 10 - DRUG REPOSITORY PROGRAM (§§ 31-8-300 — 31-8-307) › Section 31-8-307 - [Referral information to program for eligible drugs available through program]

(a)
Hospitals and pharmacies licensed in this state and state programs that provide health care coverage or health care services to patients, recipients, or other individuals in this state, including, but not limited to, Medicaid, PeachCare for Kids Program, alcohol and drug awareness programs, and the Department of Corrections shall provide such patients, recipients, or other individuals with referral information to the program for eligible drugs available through the program for:
(1)
Drugs not currently covered under a state program;
(2)
Patients who do not meet the eligibility coverage for a state program or become unenrolled or leave a state program;
(3)
Drugs that are covered under a state program but are otherwise inaccessible to a patient due to, but not limited to a gap in coverage or out-of-pocket costs that are too high for a specific patient, recipient, or other individual; a prior authorization requirement; step therapy requirements; or high co-payments; or
(4)
A patient, recipient, or other individual for a drug that is covered under a state program but that the claim for coverage is denied with respect to the specific patient, recipient, or other individual.
(b)
Recipients of the federal Title X Family Planning Program shall make and document diligent efforts to subcontract with interested eligible recipients participating in the program to offer family planning services to rural and low-income populations.
(c)
If an eligible recipient offers value-added services and referrals, in addition to just providing medicine, such eligible recipient may also be eligible for discounted medication pricing to help widen such eligible recipient's formularies of medication and increase financial sustainability of its participation in the program.
Added by 2024 Ga. Laws 473,§ 2-5, eff. 4/23/2024.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 9 - CONSENT FOR SURGICAL OR MEDICAL TREATMENT (§§ 31-9-1 — 31-9-7) › Section 31-9-3 - Emergencies

(a)
As used in this Code section, the term "emergency" means a situation wherein (1) according to competent medical judgment, the proposed surgical or medical treatment or procedures are reasonably necessary and (2) a person authorized to consent under Code Section
31-9-2
is not readily available and any delay in treatment could reasonably be expected to jeopardize the life or health of the person affected or could reasonably result in disfigurement or impaired faculties.
(b)
In addition to any instances in which a consent is excused or implied at law, a consent to surgical or medical treatment or procedures suggested, recommended, prescribed, or directed by a duly licensed physician will be implied where an emergency exists.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 9 - CONSENT FOR SURGICAL OR MEDICAL TREATMENT (§§ 31-9-1 — 31-9-7) › Section 31-9-4 - Applicability of chapter to care and treatment of mentally ill

This chapter shall be applicable to the care and treatment of patients in facilities for the mentally ill as defined in paragraph (7) of Code Section
37-3-1
.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 9 - CONSENT FOR SURGICAL OR MEDICAL TREATMENT (§§ 31-9-1 — 31-9-7) › Section 31-9-5 - Applicability of chapter to abortion and sterilization procedures

This chapter shall not apply in any manner whatsoever to abortion and sterilization procedures, which procedures shall continue to be governed by existing law independently of the terms and provisions of this chapter.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 9 - CONSENT FOR SURGICAL OR MEDICAL TREATMENT (§§ 31-9-1 — 31-9-7) › Section 31-9-6 - Construction of chapter; requirements of valid consent

(a)
This chapter shall be liberally construed, and all relationships set forth in this chapter shall include the adoptive, foster, and step relations as well as blood relations and the relationship by common-law marriage as well as ceremonial marriage.
(b)
A consent by one person authorized and empowered to consent to surgical or medical treatment shall be sufficient.
(c)
Any person acting in good faith shall be justified in relying on the representations of any person purporting to give consent, including, but not limited to, his identity, his age, his marital status, his emancipation, and his relationship to any other person for whom the consent is purportedly given.
(d)
A consent to surgical or medical treatment which discloses in general terms the treatment or course of treatment in connection with which it is given and which is duly evidenced in writing and signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter shall be conclusively presumed to be a valid consent in the absence of fraudulent misrepresentations of material facts in obtaining the same.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 9 - CONSENT FOR SURGICAL OR MEDICAL TREATMENT (§§ 31-9-1 — 31-9-7) › Section 31-9-7 - Right of persons who are at least 18 years of age to refuse to consent to treatment

Nothing contained in this chapter shall be construed to abridge any right of a person 18 years of age or over to refuse to consent to medical and surgical treatment as to his own person.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 9A - WOMAN'S RIGHT TO KNOW ACT (§§ 31-9A-1 — 31-9A-8) › Section 31-9A-1 - Short title

This chapter shall be known and may be cited as the "Woman's Right to Know Act."
Added by 2005 Ga. Laws 400,§ 6, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 9A - WOMAN'S RIGHT TO KNOW ACT (§§ 31-9A-1 — 31-9A-8) › Section 31-9A-2 - Definitions

As used in this chapter, the term:
(1)
"Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a female known to be pregnant. The term "abortion" shall not include the use or prescription of any instrument, medicine, drug, or any other substance or device employed solely to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as the result of a spontaneous abortion. The term "abortion" also shall not include the prescription or use of contraceptives.
(2)
"Medical emergency" means any condition which, in reasonable medical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial or irreversible impairment of a major bodily function of the pregnant woman or death of the unborn child. No such condition shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
(3)
"Physician" means a person licensed to practice medicine under Article 2 of Chapter 34 of Title 43.
(4)
"Probable gestational age of the unborn child" means the physician's best professional estimate of the probable gestational age of the unborn child at the time an abortion is to be performed.
(5)
"Qualified agent" means the agent of the physician who is a patient educator, licensed psychologist, licensed social worker, licensed professional counselor, licensed physician assistant, registered nurse, or physician.
(6)
"Secure Internet website" means a website that is safeguarded from having its content altered other than by the commissioner of public health.
(7)
"Unborn child" or "fetus" means a member of the species homo sapiens from fertilization until birth.
Amended by 2012 Ga. Laws 631,§; 5, eff. 1/1/2013.
Amended by 2011 Ga. Laws 244,§; 6-5, eff. 7/1/2011.
Amended by 2009 Ga. Laws 243,§; 3, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§; 1-6, eff. 7/1/2009.
Added by 2005 Ga. Laws 400,§; 6, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 9A - WOMAN'S RIGHT TO KNOW ACT (§§ 31-9A-1 — 31-9A-8) › Section 31-9A-5 - Requirements in case of medical emergency

(a)
When a medical emergency compels the performance of an abortion, the physician shall inform the female prior to the abortion, if medically reasonable and prudent, of the medical indications supporting the physician's judgment that an abortion is medically necessary to avert her death or that a 24 hour delay will create serious risk of substantial or irreversible impairment of a major bodily function.
(b)
Any physician who complies with subsection (a) of this Code section shall not be held civilly liable to a patient for failure to obtain informed consent to an abortion.
Added by 2005 Ga. Laws 400,§ 6, eff. 5/10/2005.