reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 2 - GEORGIA DATA ACCESS FORUM (§§ 31-53-20 — 31-53-23) › Section 31-53-21 - Establishment of Georgia Data Access Forum; composition; membership

(a)
The office shall convene a Georgia Data Access Forum composed of health care stakeholders and experts, including representatives from:
(1)
The Georgia Health Information Network;
(2)
Hospital associations;
(3)
Physician associations;
(4)
Pharmacy associations;
(5)
Dental associations;
(6)
The Department of Community Health;
(7)
The Department of Public Health;
(8)
The Department of Behavioral Health and Developmental Disabilities;
(9)
The Insurance Commissioner's Office;
(10)
Insurance carriers; and
(11)
Self-insured employers.
(b)
Membership on the Georgia Data Access Forum shall not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership.
(c)
Members shall serve without compensation, although each member shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the office. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the forum, in compliance with this state's travel rules and regulations; provided, however, that in no case shall a member be reimbursed for expenses incurred in the member's capacity as the representative of another state agency.
Added by 2019 Ga. Laws 41,§ 2-2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 2 - GEORGIA DATA ACCESS FORUM (§§ 31-53-20 — 31-53-23) › Section 31-53-22 - Purpose

The purpose of the Georgia Data Access Forum shall be to make recommendations to the office on:
(1)
Conducting a baseline analysis of the current data base infrastructure;
(2)
Identifying common goals for the state and stakeholders;
(3)
Prioritizing desired data base functions;
(4)
Securing proposals for data base platforms;
(5)
Analyzing existing systems and technology that can be leveraged into a streamlined system;
(6)
Analyzing system security and available data that can be leveraged into a streamlined system;
(7)
Estimating and evaluating costs to various stakeholders;
(8)
Establishing a timeline for implementation;
(9)
Determining whether a tiered approach is necessary for implementation;
(10)
Establishing a timeline for a tiered roll out;
(11)
Establishing a short-term and long-term approach to funding the data base;
(12)
Identifying appropriate funding sources other than the general fund;
(13)
Recommending legislation necessary for data security;
(14)
Recommending legislation necessary for stakeholder cooperation or protection;
(15)
Recommending legislation necessary to capture data;
(16)
Determining the appropriate agency or entity to manage the ongoing operation of the data base;
(17)
Describing the relative benefits to the various stakeholders;
(18)
Identifying population health tools; and
(19)
Determining the cost, feasibility, and timeframe to implement a consumer health cost tool.
Added by 2019 Ga. Laws 41,§ 2-2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 2 - GEORGIA DATA ACCESS FORUM (§§ 31-53-20 — 31-53-23) › Section 31-53-23 - Consultation with third party vendors

(a)
Third-party vendors may be contacted for expertise at the director's discretion to assist the Georgia Data Access Forum in formulating its recommendations pursuant to Code Section
31-53-22
.
(b)
Third-party vendors may be consulted and permitted to offer proposals and make presentations to the office and the Georgia Data Access Forum.
Added by 2019 Ga. Laws 41,§ 2-2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 3 - GEORGIA ALL-PAYER CLAIMS DATABASE (§§ 31-53-40 — 31-53-53) › Section 31-53-40 - Definitions

As used in this article, the term:
(1)
"Administrator" means the administrator of the GAPCD.
(2)
"Advisory committee" means the GAPCD Advisory Committee established pursuant to Code Section
31-53-41
.
(3)
"Claims data" means information included in an institutional, professional, or pharmacy claim or equivalent information transaction for a covered individual, including the amount paid to a provider of health care services plus any amount owed by the covered individual.
(4)
"Direct personal identifiers" means information relating to a covered individual that contains primary or obvious identifiers, such as the individual's name, street address, email address, telephone number, and Social Security number, but does not include geographic or demographic information that would prohibit the identification of a covered individual.
(5)
"GAPCD" means the Georgia All-Payer Claims Database established pursuant to this article.
(6)
"Submitting entity" means:
(A)
An entity that provides health or dental insurance or a health or dental benefit plan in the state, including without limitation an insurance company, medical services plan, hospital plan, hospital medical service corporation, health maintenance organization, or fraternal benefit society, provided that the entity has covered individuals and the entity had at least 1,000 covered lives in the previous calendar year;
(B)
The Department of Community Health in the administration of Medicaid fee-for-service claims and the State Health Benefit Plan;
(C)
Medicaid care management organizations;
(D)
A health benefit plan offered or administered by or on behalf of the federal government with the agreement of the federal government;
(E)
Any other entity providing a plan of health insurance or health benefits subject to state insurance regulation, including, but not limited to a third-party administrator or pharmacy benefits manager, provided that the entity had at least 1,000 covered lives in the previous calendar year;
(F)
An entity that contracts with institutions of the Department of Corrections to provide medical, dental, or pharmaceutical care to inmates;
(G)
Any other health benefit plan offered or administered by or on behalf of the state or an agency or instrumentality of the state;
(H)
The State Board of Workers' Compensation; and
(I)
The Georgia Access to Medical Cannabis Commission.
This term does not include an entity that provides health insurance or a health benefit plan that is accident-only, specified disease, hospital indemnity, long-term care, disability income, or other supplemental benefit coverage.
Added by 2020 Ga. Laws 580,§ 1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 3 - GEORGIA ALL-PAYER CLAIMS DATABASE (§§ 31-53-40 — 31-53-53) › Section 31-53-41 - GAPCD Advisory Committee established; membership; terms; meeting; reimbursement for expenses; appointment of nonvoting members

(a)
There is established the GAPCD Advisory Committee for the purpose of making recommendations regarding the creation of the framework and implementation plan for the GAPCD to facilitate the reporting of health care and health quality data resulting in transparent and public reporting of safety, quality, cost, and efficiency information at all levels of health care. The advisory committee shall consist of the following members:
(1)
The director, who shall serve as chairperson;
(2)
The chairperson of the Senate Appropriations Community Health Subcommittee;
(3)
The chairperson of the House Appropriations Health Subcommittee;
(4)
The director of the Office of Planning and Budget, or his or her designee;
(5)
One member from the hospital industry to be appointed by the Governor;
(6)
One member from the health care philanthropic community to be appointed by the Governor;
(7)
One member from the insurance industry to be appointed by the Speaker of the House of Representatives;
(8)
One member who is a medical provider to be appointed by the Lieutenant Governor;
(9)
The commissioner of public health, or his or her designee;
(10)
The commissioner of community health, or his or her designee;
(11)
The Commissioner of Insurance, or his or her designee; and
(12)
The director of the Center for Health Analytics and Informatics of the Georgia Institute of Technology.
(b)
The members appointed pursuant to paragraphs (5), (6), (7), and (8) of subsection (a) of this Code section shall be appointed no later than October 1, 2020; provided, however, that the advisory committee shall be operational and shall conduct its work even if one or more of such members is not timely appointed. Appointed members of the advisory committee shall each serve for a term of two years. A vacancy in an appointed seat shall be filled by appointment for the remainder of the term, and each appointing authority retains the right to reappoint members whose terms of appointment have expired.
(c)
The advisory committee shall meet at the call of the chairperson and shall meet at least quarterly.
(d)
Members of the advisory committee shall serve without compensation but shall be entitled to receive reimbursement for per diem and travel expenses as provided in Code Section
45-7-21
.
(e)
The director shall be authorized to appoint ad hoc nonvoting members to the advisory committee, convene one or more panels, and consult with experts when expertise is deemed necessary in the performance of the functions of the advisory committee.
Added by 2020 Ga. Laws 580,§ 1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 3 - GEORGIA ALL-PAYER CLAIMS DATABASE (§§ 31-53-40 — 31-53-53) › Section 31-53-42 - Initial recommendations requirements; ongoing recommendations; evaluations

(a)
The advisory committee shall make initial recommendations to the director no later than March 1, 2021, regarding the creation and operation of a state all-payer claims database, to be known as the GAPCD, that:
(1)
Include specific strategies to measure and collect data related to health care safety and quality, utilization, health outcomes, and cost;
(2)
Focus on data elements that foster quality improvement and peer group comparisons;
(3)
Facilitate value based, cost-effective purchasing of health care services by public and private purchasers and consumers;
(4)
Result in usable and comparable information that allows public and private health care purchasers, consumers, and data analysts to identify and compare health plans, health insurers, health care facilities, and health care providers regarding the provision of safe, value based, cost-effective, high-quality health care services;
(5)
Use and build upon existing data collection standards and methods to establish and maintain the GAPCD in a cost-effective and efficient manner;
(6)
Are designed to measure the following performance domains: safety, timeliness, effectiveness, efficiency, equity, and patient-centeredness;
(7)
Incorporate and utilize claims, eligibility, and other publicly available data to the extent it is the most cost-effective method of collecting data to minimize the cost and administrative burden on data sources;
(8)
Include recommendations about whether to include data on the uninsured;
(9)
Address the harmonization of the GAPCD with other states', regions', and federal efforts concerning all-payer claims databases;
(10)
Address the harmonization of the GAPCD with federal legislation concerning an all-payer claims database;
(11)
Address a limit on the number of times the administrator may require submission of the required data elements;
(12)
Address a limit on the number of times the administrator may change the required data elements for submission in a calendar year considering administrative costs, resources, and time required to fulfill the requests; and
(13)
Address compliance with the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and other proprietary information related to collection and release of data.
(b)
The advisory committee shall make ongoing recommendations to the director to ensure the operations and design of the GAPCD continue to be effective and meet the objectives of the GAPCD.
(c)
The advisory committee shall conduct an evaluation of the GAPCD at least every five years to ensure that the purposes are met.
Added by 2020 Ga. Laws 580,§ 1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 3 - GEORGIA ALL-PAYER CLAIMS DATABASE (§§ 31-53-40 — 31-53-53) › Section 31-53-43 - Funding; beginning of operations

(a)
The director shall seek funding for the creation of the all-payer health claims database and develop a plan for the financial stability of the GAPCD. No later than March 15, 2021, the director shall report to the Governor and the General Assembly on the status of the funding effort and on the status of the recommendations of the advisory committee. The report shall include the final data elements recommended by the advisory committee, the final provisions contemplated to comply with the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and any other final recommendations that are ready at the time of the report.
(b)
If sufficient funding is received through gifts, grants, and donations or through appropriations on or before January 1, 2022, as determined by the director, the administrator shall, in consultation with the advisory committee, create the GAPCD in accordance with this article.
(c)
The GAPCD shall be operational no later than January 1, 2023.
Added by 2020 Ga. Laws 580,§ 1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 3 - GEORGIA ALL-PAYER CLAIMS DATABASE (§§ 31-53-40 — 31-53-53) › Section 31-53-44 - Objectives and use of GAPCD

The objectives of the GAPCD shall be to facilitate data-driven, evidence-based improvements in access, quality, and cost of health care and to promote and improve public health through the understanding of health care expenditure patterns and operation and performance of the health care system. Specific uses of the GAPCD include, but are not limited to:
(1)
Establishing baseline health care cost information;
(2)
Monitoring and analyzing health care costs;
(3)
Assessing population health;
(4)
Measuring utilization of health care services;
(5)
Identifying health disparities;
(6)
Informing consumers of cost and quality of health care;
(7)
Supporting the planning and evaluation of health care operations and care;
(8)
Improving coordination of care;
(9)
Enabling oversight of health insurance premium medical loss ratios; and
(10)
Conducting waste, fraud, and abuse studies.
Added by 2020 Ga. Laws 580,§ 1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 3 - GEORGIA ALL-PAYER CLAIMS DATABASE (§§ 31-53-40 — 31-53-53) › Section 31-53-46 - Design criteria

The advisory committee and the administrator should consider the following design criteria:
(1)
Allowing the use of federal Health Insurance Portability and Accountability Act of 1996 compliant, government level secured cloud computing resources to save funding;
(2)
Ensuring all inbound data is converted to a common standard and ensuring that data quality checks are done on inbound data;
(3)
Requiring all communications to and from the database to use encryption and IP whitelisting where appropriate;
(4)
Providing industry standard interfaces for accessing the data from approved users;
(5)
Grouping the data in ways to match the relevant cohorts of interest; and
(6)
Insuring that at no point does any personally identifiable information reside in the database.
Added by 2020 Ga. Laws 580,§ 1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 3 - GEORGIA ALL-PAYER CLAIMS DATABASE (§§ 31-53-40 — 31-53-53) › Section 31-53-47 - Submission of claims; personal identification data not public record

(a)
Beginning in January, 2023, and every month thereafter, all submitting entities shall submit claims data for state residents to the GAPCD in accordance with this article and rules and regulations promulgated pursuant to this article.
(b)
Submitting entities shall submit 95 percent of data within 60 days from the day that the adjudicated claims were paid, and 100 percent of data within 180 days from the day adjudicated claims were sent for payment. The administrator shall establish a Data Submission Guide to ensure uniformity of data, which may be based on currently existing data standards, such as the National Council for Prescription Drug Programs (NCPDP) and ASC X12 Post Adjudicated Claims Data Reporting (PACDR).
(c)
Self-funded employer sponsored plans may voluntarily submit monthly claims data to the GAPCD when the employer has opted in writing to the submission of the data. The carrier or administrator shall notify the employer of the employer's option to authorize the submission of the data.
(d)
Direct personal identifiers contained in claim data submitted pursuant to this article shall not be considered a public record and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records.
Added by 2020 Ga. Laws 580,§ 1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 3 - GEORGIA ALL-PAYER CLAIMS DATABASE (§§ 31-53-40 — 31-53-53) › Section 31-53-48 - Operation of GAPCD

(a)
The GAPCD shall be designed to:
(1)
Provide access to the public through a public portal, contingent on funding, in a form and manner that ensures the privacy and security of personal health information as required by state and federal law, as a resource to insurers, consumers, employers, providers, purchasers of health care, and state agencies to allow for continuous review of health care utilization, expenditures, and quality and safety performance in this state;
(2)
Provide access through memoranda of understanding and after consultation with the advisory committee to the Department of Community Health, Department of Public Health, Department of Behavioral Health and Developmental Disabilities, and other departments of state government for the purposes of objectives and uses included in Code Section
31-53-44
;
(3)
Provide for custom data requests from communities, individuals, researchers, organizations, and private companies, subject to rules promulgated by the office;
(4)
Allow for comparisons of geographic, demographic, and economic factors and institutional size; and
(5)
Present data in a consumer-friendly manner.
(b)
The collection, storage, and release of health care data and other information pursuant to this article shall be subject to the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended.
Added by 2020 Ga. Laws 580,§ 1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 3 - GEORGIA ALL-PAYER CLAIMS DATABASE (§§ 31-53-40 — 31-53-53) › Section 31-53-49 - Requirements for annual report

(a)
The administrator shall prepare an annual report to include:
(1)
Any policies established or revised pursuant to state and federal medical privacy laws, including the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended;
(2)
The number of requests for data and reports from the GAPCD, whether the request was submitted by a state agency or private entity, the purpose of the project, a list of the requests for which the administrator was advised that the release was consistent with rule and the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and a list of the requests not recommended for release;
(3)
For each request recommended, the administrator must provide the federal regulation pursuant to which the use or disclosure was recommended, and whether a data use agreement or limited data set data use agreement was executed for the use or disclosure;
(4)
A description of any data breaches, actions taken to provide notifications, if applicable, and actions taken to prevent a recurrence;
(5)
The uses of the data in the GAPCD;
(6)
Public studies produced by the administrator;
(7)
The cost of administering the GAPCD, the sources of the funding, and the total revenue taken in by the GAPCD;
(8)
The recipients of the data, the purposes of the data requests, and whether a fee was charged for the data; and
(9)
A fee schedule displaying the fees for providing custom data reports from the GAPCD.
(b)
Such annual report for the previous calendar year shall be provided no later than March 1 to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, the chairperson of the House Committee on Health and Human Services, and the chairperson of the Senate Health and Human Services Committee.
Added by 2020 Ga. Laws 580,§ 1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 3 - GEORGIA ALL-PAYER CLAIMS DATABASE (§§ 31-53-40 — 31-53-53) › Section 31-53-50 - Penalties for noncompliance

(a)
Except as otherwise provided in this Code section, any submitting entity that fails to submit claims data in accordance with this article shall be subject to penalty. The office shall adopt a schedule of penalties not to exceed $1,000.00 per day of violation, determined by the severity of the violation. A penalty imposed under this subsection may be remitted or mitigated upon such terms and conditions as the director considers proper and consistent with the public health and safety. Any fines collected pursuant to this subsection shall be deposited into the state treasury.
(b)
Any submitting entity that is subject to the jurisdiction of the Commissioner of Insurance that fails to submit claims data in accordance with this article shall be subject to violation of paragraph (14.2) of subsection (b) of Code Section
33-6-4
, and any other penalties that may be imposed by the Commissioner of Insurance. The GAPCD may refer violations by such submitting entities to the Commissioner of Insurance for enforcement action for each instance in which such submitting entity fails to submit claims data to the GAPCD in accordance with this article. The rules promulgated pursuant to Code Section
31-53-51
, shall include processes for referring violations to the Commissioner of Insurance pursuant to this subsection.
(c)
This Code section shall not apply to state or federal agencies that are submitting entities.
Added by 2020 Ga. Laws 580,§ 1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 3 - GEORGIA ALL-PAYER CLAIMS DATABASE (§§ 31-53-40 — 31-53-53) › Section 31-53-51 - Regulatory authority

The office shall promulgate rules and regulations necessary to implement the provisions of this article.
Added by 2020 Ga. Laws 580,§ 1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 3 - GEORGIA ALL-PAYER CLAIMS DATABASE (§§ 31-53-40 — 31-53-53) › Section 31-53-52 - Impact of insufficient funding

If at any time it is determined that there is not sufficient funding to finance the ongoing operations of the GAPCD, the GAPCD shall cease operating and the advisory committee and administrator shall no longer have the duty to carry out the functions required pursuant to this article. If the GAPCD ceases to operate, any data submitted shall be destroyed or returned to its original source.
Added by 2020 Ga. Laws 580,§ 1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 53 - STRATEGIC HEALTH CARE MANAGEMENT AND COORDINATION (§§ 31-53-1 — 31-53-53) › Article 3 - GEORGIA ALL-PAYER CLAIMS DATABASE (§§ 31-53-40 — 31-53-53) › Section 31-53-53 - Reporting exemption for self-funded employer or plan sponsor

Nothing in this article shall be construed to impose any reporting obligation on any self-funded employer or plan sponsor, or to impose any requirement with respect to the manner in which any such self-funded plan is administered. Nothing in this article shall prevent an insurer or third-party administrator from communicating its views to an employer about the employer's decision whether to opt into the submission of claims data.
Added by 2020 Ga. Laws 580,§ 1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 54 - HOSPITAL PEACE OFFICERS (§§ 31-54-1 — 31-54-4) › Section 31-54-1 - Definitions

As used in this chapter, the term:
(1)
"Hospital" shall have the same meaning as provided in Code Section
31-6-2
.
(2)
"Hospital campus" and "campus" mean the grounds and buildings owned or occupied by a hospital. Such term shall also include any public or private property within 100 yards of the hospital campus and such portions of any public street or public sidewalk located on a hospital campus or immediately adjacent thereto.
(3)
"Hospital peace officer" means an employee of a hospital whose duties include the enforcement of the laws of this state; the preservation of public order; the protection of life and property; the prevention, detection, or investigation of crime; or any combination thereof.
Added by 2023 Ga. Laws 224,§ 5, eff. 5/2/2023.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 54 - HOSPITAL PEACE OFFICERS (§§ 31-54-1 — 31-54-4) › Section 31-54-2 - Law enforcement powers; required training; carrying of weapon

(a)
On the campus of a hospital, a hospital peace officer employed by such hospital who is certified as provided in subsection (b) of this Code section and who is authorized by the governing body or authority of such hospital shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such hospital campus; provided, however, that in any action taken by a hospital peace officer pursuant to this subsection, such officer shall relinquish jurisdiction to a local law enforcement officer of the local government with police jurisdiction over such hospital campus when feasible and as soon as practicable; and provided, further, that in the case of arrests by hospital peace officers, such officers shall, as soon as practicable, deliver the arrested person or persons to the custody of the sheriff of the county wherein the offense was committed.
(b)
As a condition precedent to the exercise of law enforcement powers pursuant to subsection (a) of this Code section, a hospital peace officer must be certified by the Georgia Peace Officer Standards and Training Council as having met the qualifications and having completed the basic training requirements for a peace officer under Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act." All costs incurred in such certification and training shall be paid by the hospital employing such hospital peace officer.
(c)
This Code section shall not prohibit a hospital from employing hospital security personnel without law enforcement powers.
(d)
Hospital security personnel who are certified by the Georgia Peace Officer Standards and Training Council may be authorized by a hospital to carry a standard issue firearm or weapon generally used for law enforcement purposes for the purpose of carrying out law enforcement duties.
Added by 2023 Ga. Laws 224,§ 5, eff. 5/2/2023.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 54 - HOSPITAL PEACE OFFICERS (§§ 31-54-1 — 31-54-4) › Section 31-54-3 - Reporting of gang activity

Each hospital which employs hospital peace officers shall report to the Georgia Bureau of Investigation and to the local law enforcement agency incidents of criminal gang activity, as defined by Code Section
16-15-3
, which occur on the campus of such hospital and of which such hospital becomes aware.
Added by 2023 Ga. Laws 224,§ 5, eff. 5/2/2023.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 54 - HOSPITAL PEACE OFFICERS (§§ 31-54-1 — 31-54-4) › Section 31-54-4 - Public access to records

Law enforcement records created, received, or maintained by a hospital peace officer that relate to the investigation of criminal conduct and crimes as defined under Georgia law and which are not subject to protection from disclosure by any other Georgia law shall be made available within a reasonable time after request for public inspection and copying.
Added by 2023 Ga. Laws 224,§ 5, eff. 5/2/2023.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 1 - GENERAL PROVISIONS (§§ 32-1-1 — 32-1-11) › Section 32-1-2 - Purpose and legislative intent

The purpose of this title is to provide a code of statutes for the public roads and other transportation facilities of the state, the counties, and municipalities of Georgia. The legislative intent is to provide an effective legal basis for the organization, administration, and operation of an efficient, modern system of public roads and other modes of transportation.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 1 - GENERAL PROVISIONS (§§ 32-1-1 — 32-1-11) › Section 32-1-4 - Institution and prosecution of criminal proceedings relating to criminal acts against department's property

(a)
As used in this Code section, the term "property of the department" means any property, whether real or personal, which is owned by or in which there is an interest held by the department.
(b)
Whenever it may appear to the commissioner that any person or corporation has committed, is committing, has attempted to commit, or is attempting to commit any act which is prohibited by the criminal laws of this state against, or involving in any manner whatsoever, property of the department, he may, in his discretion, transmit such evidence as may be available concerning such act to the Attorney General or to the appropriate prosecuting attorney who may, in his discretion, institute and prosecute the necessary criminal proceedings.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 1 - GENERAL PROVISIONS (§§ 32-1-1 — 32-1-11) › Section 32-1-5 - Powers and duties of Attorney General under Code Section 32-1-4

In carrying out the duties imposed by Code Section
32-1-4
, the Attorney General is vested, in addition to and cumulative of the rights, powers, and duties otherwise appertaining to his office, with all of the rights, powers, duties, privileges, obligations, and immunities held by or inuring to any prosecuting attorney.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 1 - GENERAL PROVISIONS (§§ 32-1-1 — 32-1-11) › Section 32-1-6 - Effect of Code Sections 32-1-4 and 32-1-5 on other laws

Nothing in Code Sections
32-1-4
and
32-1-5
shall limit any statutory or common-law right of the state to punish any person or corporation for the violation of any provision of any law.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 1 - GENERAL PROVISIONS (§§ 32-1-1 — 32-1-11) › Section 32-1-8 - Construction and maintenance of private roads

It shall be unlawful for any official, officer, or employee of the department, the State Road and Tollway Authority, the Georgia Highway Authority, or any similar authority or of any county or municipality to authorize the construction or maintenance of any private road.
Amended by 2001 Ga. Laws 389, § 2-1, eff. 4/30/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 1 - GENERAL PROVISIONS (§§ 32-1-1 — 32-1-11) › Section 32-1-9 - Enforcement of title by law enforcement officers

It shall be the duty of all state and local law enforcement officers to enforce any provision of this title which states that any act or omission is unlawful.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 1 - GENERAL PROVISIONS (§§ 32-1-1 — 32-1-11) › Section 32-1-10 - Penalty

(a)
Any person who violates any of the provisions of this title for which no specific penalty is provided, whether or not such act or omission is expressly declared elsewhere in this title to be unlawful, or who violates any of the rules and regulations issued under authority of and in accord with the provisions of this title shall be guilty of a misdemeanor; provided, however, that a violation of Code Sections
32-6-26
and
32-6-27
shall not be considered a crime.
(b)
In addition to the penalty provided for in subsection (a) of this Code section, the department shall have the right to enjoin any act or omission so punishable as a misdemeanor or punished otherwise as provided elsewhere in this title.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 1 - GENERAL PROVISIONS (§§ 32-2-1 — 32-2-8) › Section 32-2-1 - Composition of department

The Department of Transportation shall consist of the State Transportation Board, the commissioner of transportation, the director of planning, the deputy commissioner of transportation, the chief engineer, the treasurer and the assistant treasurer of transportation, and such subordinate employees as may be deemed necessary by the commissioner or the director of planning.
Amended by 2009 Ga. Laws 340,§ 1, eff. 5/11/2009.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 1 - GENERAL PROVISIONS (§§ 32-2-1 — 32-2-8) › Section 32-2-4 - Information for traveling public

In order to provide information in the specific interest of the traveling public, the department is authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas and to establish information centers at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as may be considered desirable.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 1 - GENERAL PROVISIONS (§§ 32-2-1 — 32-2-8) › Section 32-2-5 - Actions by or against department

(a)
The department shall have the authority to bring actions; and it may be sued in such actions as are permitted by law. In addition, the department may adjust and make settlement of any and all claims presented to it under oath.
(b)
All actions brought ex contractu by or against the department shall be brought in a county where any part of the work is to be or has been performed. All other actions by or against the department shall be brought in the county in which the cause of action arose. Service upon the department shall be sufficient by serving a second original process issued from the county where the action is filed upon the commissioner personally or by leaving a copy of the same in the office of the commissioner in the Department of Transportation Building, Atlanta, Georgia.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 1 - GENERAL PROVISIONS (§§ 32-2-1 — 32-2-8) › Section 32-2-6 - Liability of department for actions against counties; procedure to institute actions

(a)
The department shall defend any action and be responsible for all damages awarded therein in any court of this state against any county under existing laws whenever the cause of action accrues on a public road which at the time of accrual had been designated by the department as a part of the state highway system; provided, however, that no action may be brought under this Code section until the construction of the public road on which the injury complained of occurred has been completed and such public road has been officially opened to traffic as provided in subsection (b) of this Code section. When any such action is brought against a county in any court of this state, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action against the county upon the department by providing for service of a second original process, issued from the court where the action is filed, upon the commissioner personally or by leaving a copy of the same in the office of the commissioner in the Department of Transportation Building, Atlanta, Georgia. The service of process in such action upon the county shall not be perfected until such second original process has been served as provided in this Code section. The department shall also have the right and authority to defend, adjust, and settle in the name of such county and on its behalf any claim for damages for which the department ultimately may be liable under this Code section.
(b)
A public road shall be officially opened to traffic within the meaning of this Code section on the date that the department gives written notice of final acceptance of such work to the contractor or political subdivision performing the work on such road or otherwise in writing acts so as to open the road to traffic by the general public.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 1 - GENERAL PROVISIONS (§§ 32-2-1 — 32-2-8) › Section 32-2-7 - Compensation for employees injured in line of duty

(a)
As used in this Code section, the term "external violence, accident, or injury" means any act of violence, an accident, or an injury that is caused by a person other than:
(1)
One who is an employee of the department; or
(2)
One who is an employee of a contractor or subcontractor performing duties under a contract with the department.
(b)
Any employee of the department who, on or after July 1, 1987, is injured in the line of duty by an act of external violence, accident, or injury shall be entitled to receive compensation as provided in this Code section. Going to and from work shall not be considered in the line of duty. For the purposes of this Code section, "line of duty" means working in the proximity of traffic movements or equipment movements doing maintenance, construction, or other activities which may be construed as hazardous.
(c)
An employee injured in the line of duty as provided in subsection (b) of this Code section shall continue to receive his regular compensation for the period of time that the employee is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee shall be required to submit to his department head satisfactory evidence of such disability.
(d)
Benefits made available under this Code section shall be subordinate to any workers' compensation benefits for which the employee is eligible and shall be limited to the difference between the amount of available workers' compensation benefits and the amount of the employee's regular compensation.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 1 - GENERAL PROVISIONS (§§ 32-2-1 — 32-2-8) › Section 32-2-8 - Department to fly POW-MIA flag at interstate rest areas

The Department of Transportation shall fly the POW-MIA flag year-round at each of the rest areas along interstate highways in this state. The department is authorized to place a plaque at each rest area to indicate Georgia's appreciation of the sacrifices of prisoners of war and those missing in action and their families.
Added by 2001 Ga. Laws 195, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 2 - STATE TRANSPORTATION BOARD (§§ 32-2-20 — 32-2-22) › Section 32-2-21 - Powers and duties of board generally

The board shall be charged with the general control and supervision of the department. In the exercise of such general control and supervision, the board shall have such duties, powers, and authority as are expressly vested in it by this title, including but not limited to:
(1)
Designation of public roads on the state highway system;
(2)
Approval of negotiated construction contracts, of authority lease agreements, or of the advertising of nonnegotiated construction contracts; and
(3)
Approval of all long-range plans and programs of the department.
Amended by 2009 Ga. Laws 340,§ 3, eff. 5/11/2009.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 3 - OFFICERS (§§ 32-2-40 — 32-2-43) › Section 32-2-41.1 - State-wide strategic transportation plan

The director shall prepare a state-wide strategic transportation plan. Such plan shall be updated and delivered in coordination with the state-wide, intermodal transportation plan as defined in
23 C.F.R. Section 450.104
. The director shall prepare the state-wide strategic transportation plan for the Governor, Lieutenant Governor, Speaker of the House of Representatives, and the chairpersons of the Senate Transportation Committee and House Committee on Transportation.
Amended by 2020 Ga. Laws 507,§ 1, eff. 7/29/2020.
Amended by 2014 Ga. Laws 665,§ 1, eff. 7/1/2014.
Amended by 2009 Ga. Laws 340,§ 6, eff. 5/11/2009.
Added by 2008 Ga. Laws 549,§ 1, eff. 5/12/2008.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 3 - OFFICERS (§§ 32-2-40 — 32-2-43) › Section 32-2-41.2 - Development of benchmarks; reports; value engineering studies

(a)
The commissioner shall develop and publish in print or electronically benchmarks, based upon the type and scope of a construction project, that detail a realistic time frame for completion of each stage of a construction project, including preliminary engineering and design, environmental permitting and review, and right of way acquisition.
(b)
The director shall submit an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees detailing the progress of every construction project valued at $10 million or more against the benchmarks. This report shall include an analysis explaining the discrepancies between the benchmarks and actual performance on each project as well as an explanation for delays. This report shall also be published on the website of the department.
(c)
The department shall create and maintain on its website a detailed status report on each project under planning or construction. This status report shall include, but not be limited to, the name and contact information of the project manager, if applicable.
(d)
Value engineering studies shall be performed on all projects whose costs exceed $50 million, except for any project procured in accordance with Code Sections
32-2-79
,
32-2-80
, and
32-2-81
, and the director shall submit an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees detailing the amount saved due to the value engineering studies. This report shall also be published on the website of the department.
Amended by 2014 Ga. Laws 665,§ 2, eff. 7/1/2014.
Amended by 2013 Ga. Laws 18,§ 1, eff. 7/1/2013.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
Amended by 2009 Ga. Laws 340,§ 7, eff. 5/11/2009.
Added by 2008 Ga. Laws 712,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 32 - HIGHWAYS, BRIDGES, AND FERRIES (§§ 32-1-1 — 32-12-1) › Chapter 2 - DEPARTMENT OF TRANSPORTATION (§§ 32-2-1 — 32-2-82) › Article 3 - OFFICERS (§§ 32-2-40 — 32-2-43) › Section 32-2-41.3 - Georgia Freight Railroad Program

(a)
For purposes of this Code section, the term "short line railway" means any carrier designated as a Class III by the Surface Transportation Board.
(b)
The Georgia Freight Railroad Program shall be administered, subject to appropriations, at the discretion of the commissioner, in order to enhance the state's investment in freight rail projects for public benefit and to support a safe and balanced transportation system for the state.
(c)
Eligible projects under the Georgia Freight Railroad Program shall include rail enhancement projects to acquire, lease, or improve railways or railroad equipment, including rail crossings, rolling stock, rights of way, or rail facilities; rail preservation projects to acquire, lease, or improve short line railways or assist other appropriate entities to acquire, lease, or improve short line railways; and rail industrial projects to build, construct, restructure, or improve industrial access to railroad tracks and related facilities.
(d)
In administering the program, the commissioner shall make every effort to balance such program among all regions of this state and among the various applicants.
(e)
Following the end of each fiscal year, the commissioner or his or her designee shall submit an annual report on the activities of the Georgia Freight Railroad Program to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives and shall make such report available to the members of the General Assembly.
(f)
Prior to the expenditure of state funds, the commissioner shall make a determination whether such expenditure is ample consideration for a substantial public benefit in compliance with Article III, Section VI, Paragraph VI(a) of the Georgia Constitution. Such substantial public benefit must constitute a benefit accrued to the public in the form of enhanced public safety, enhanced mobility of goods, congestion mitigation, enhanced trade and economic development, improved air quality or land use, reduction of public expenditures due to improved transportation efficiency or infrastructure preservation, or other public benefits identified and approved by a majority of the board. Such public benefit shall also align with goals in the state-wide strategic transportation plan as defined in Code Section
32-2-41.1
or the state's freight plan as defined in
49 U.S.C. 70202
.
Amended by 2021 Ga. Laws 224,§ 1, eff. 7/1/2021.
Added by 2020 Ga. Laws 594,§ 1, eff. 1/1/2021.
Added by 2020 Ga. Laws 593,§ 1, eff. 1/1/2021.