reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-8 - Reports of disciplinary actions against persons authorized to practice professions under Chapter 11, 34, or 35 of Title 43

(a)
The hospital administrator or chief executive officer of each institution subject to this chapter shall submit a written report to the appropriate licensing board when a person who is authorized to practice medicine, osteopathy, podiatry, or dentistry in this state under Chapter 34, Chapter 35, or Chapter 11, respectively, of Title 43 and who is a member of the medical staff at the institution, has medical staff privileges at the institution, or has applied for medical staff privileges at the institution has his medical staff privileges denied, restricted, or revoked for any reason involving the medical care given his patient. Each such administrator or officer shall also report to the appropriate licensing board resignations from practice in that institution by persons licensed under Chapter 34, Chapter 35, or Chapter 11 of Title 43. This Code section shall not require reports of temporary suspensions for failure to comply with medical record regulations.
(b)
The written report required by subsection (a) of this Code section shall be made within 20 working days following final action by the institution on the restriction, denial, or revocation of medical staff privileges. The results of any legal appeal of such action shall be reported within 20 working days following a final court decision on such appeal.
(c)
The report required by this Code section shall contain a statement detailing the nature of the restriction, denial, or revocation of medical staff privileges, the date such action was taken, and the reasons for such action. If the action is a voluntary resignation or restriction of medical staff privileges which was the result of action initiated by the institution, the report shall contain the circumstances involved therein.
(d)
There shall be no civil or criminal liability on the part of, and no cause of action for damages shall arise against, any hospital administrator, chief executive officer, or other authorized person who in good faith complies with this Code section.
(e)
Except as provided in this subsection and Chapter 34A of Title 43, information contained in any report made to the appropriate licensing board pursuant to this Code section shall be confidential and shall not be disclosed to the public. Access to such reports shall be limited to members of the appropriate licensing board or its staff for their use and to interested institutions for their use in the review of medical staff privileges at the institution.
(f)
The failure of an institution to comply with this Code section shall be grounds for the denial, refusal to renew, or revocation of the permit for the operation of the institution issued pursuant to this chapter.
Amended by 2001 Ga. Laws 31, § 1, eff. 4/11/2001.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-9 - Reports by physicians and other personnel of nonaccidental injuries to patients; immunity from liability

(a)
As used in this Code section, the term "medical facility" includes, without being limited to, an ambulatory surgical treatment center defined in subparagraph (C) of paragraph (4) of Code Section
31-7-1
and a freestanding imaging center defined in subparagraph (G) of paragraph (4) of Code Section
31-7-1
.
(b)
Any:
(1)
Physician, including any doctor of medicine licensed to practice under the laws of this state;
(2)
Licensed registered nurse employed by a medical facility;
(3)
Security personnel employed by a medical facility; or
(4)
Other personnel employed by a medical facility whose employment duties involve the care and treatment of patients therein
having cause to believe that a patient has had physical injury or injuries inflicted upon him other than by accidental means shall report or cause reports to be made in accordance with this Code section.
(c)
An oral report shall be made immediately by telephone or otherwise and shall be followed by a report in writing, if requested, to the person in charge of the medical facility or his designated delegate. The person in charge of the medical facility or his designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report. The report shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator.
(d)
Any person or persons participating in the making of a report or causing a report to be made to the appropriate police authority pursuant to this Code section or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil liability that might otherwise be incurred or imposed, providing such participation pursuant to this Code section shall be in good faith.
Amended by 2008 Ga. Laws 392,§ 2-13, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-10 - Certification and approval of hospitals eligible to render service under a group nonprofit hospital insurance plan; supervision of such hospitals; withdrawal of approval

The department shall (1) certify and approve hospitals applying therefor which may be found to be eligible to render hospital service under any group nonprofit hospital insurance plan, which plan may be approved and become effective, and (2) supervise the services rendered by hospitals operating under such plan, with authority to withdraw approval from any hospital which subsequently may, under rules and regulations of the board, become ineligible for rendering such services, provided that, in fixing rules and regulations in this connection or in enforcing such rules, hospitals interested therein shall be given opportunity to be heard.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-11 - Written summary of hospital service charge rates

(a)
Any hospital shall, upon request, provide a written summary of certain hospital and related services charges, including but not limited to:
(1)
The average total charges per patient day for the facility's previous fiscal year;
(2)
The daily rate for a room in said hospital, which rate shall include an explanation of the categories of services included in said charge;
(3)
Anesthesia charges, with an explanation of the categories of services included in this charge;
(4)
Operating room charges;
(5)
Recovery room charges;
(6)
Intravenous administration charges;
(7)
Emergency room charges, with an explanation of the categories of services included in the charge;
(8)
The charge for the patient care kit or admission kit or other such items furnished to the patient on admission;
(9)
Charges for specific routine tests, including but not limited to a complete blood count, urinalysis, and chest X-ray; and
(10)
Charges for specific special tests, including but not limited to electrocardiogram, electroencephalogram, CAT scan of the head, CAT scan of liver, CAT scan of lungs, CAT scan of skeletal system, spirometry, and complete pulmonary function.
Such written summary of charges shall be composed in a simple clear fashion so as to enable consumers to compare hospital charges and make cost-effective decisions in the purchase of hospital services.
(b)
The department shall adopt rules and regulations to implement the provisions of this Code section and shall implement such regulations as provided in Code Section
31-7-2.1
.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-12.3 - Adoption of rules and regulations to implement Code Sections 31-7-12 and 31-7-12.2

The department shall adopt rules and regulations to implement Code Sections
31-7-12
and
31-7-12.2
. Notwithstanding the provision of limited nursing services by assisted living communities, such rules and regulations shall establish meaningful distinctions between the levels of care provided by personal care homes, assisted living communities, and nursing homes but shall not curtail the scope or levels of services provided by personal care homes or nursing homes as of June 30, 2011; provided, however, that nothing in this chapter shall preclude the department from issuing waivers or variances to personal care homes of the rules and regulations established pursuant to this Code section. Notwithstanding Code Section
31-7-12.2
, the department shall not grant a waiver or variance unless:
(1)
There are adequate standards affording protection for the health and safety of residents of the personal care home;
(2)
The resident of the personal care home provides a medical assessment conducted by a licensed health care professional who is unaffiliated with the personal care home which identifies the needs of the resident; and
(3)
The department finds that the personal care home can provide or arrange for the appropriate level of care for the resident.
Amended by 2020 Ga. Laws 403,§ 7, eff. 6/30/2020.
Amended by 2018 Ga. Laws 420,§ 1-2, eff. 10/1/2019.
Added by 2011 Ga. Laws 56,§ 1, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-12.5 - Notification and other requirements for COVID-19 infections in personal care homes

(a)
As used in this Code section, the term "COVID-19" means coronavirus disease 2019.
(b)
Each personal care home with 25 or more beds, each assisted living community, and each nursing home licensed in this state shall:
(1)
Inform its residents and their representatives or legal surrogates by 5:00 P.M. the next calendar day following the occurrence of either a single confirmed infection of COVID-19 or another airborne infectious disease identified by the department or the federal Centers for Disease Control and Prevention as a threat to public health, or three or more residents or staff with new-onset of respiratory symptoms occurring within 72 hours of each other. Such information shall:
(A)
Not include personally identifiable information;
(B)
Include information on mitigating actions implemented to prevent or reduce the risk of transmission, including if normal operations of the facility will be altered; and
(C)
Include any cumulative updates for residents and their representatives or legal surrogates at least weekly or by 5:00 P.M. the next calendar day following the occurrence of any subsequent confirmed infection of COVID-19, or whenever three or more residents or staff with new onset of respiratory symptoms occurs within 72 hours of each other;
(2)
Maintain a minimum of a seven-day supply of protective masks, surgical gowns, eye protection, and gloves sufficient to protect all residents and staff;
(3)
Maintain and publish for its residents and their representatives or legal surrogates policies and procedures pertaining to infection control and mitigation within their facilities and update such policies and procedures annually; and
(4)
As part of the facility's disaster preparedness plan required pursuant to subsection (c) of Code Section
31-7-3
and department rules and regulations, include an epidemic and pandemic plan for influenza and other infectious diseases which conforms to department and federal Centers for Disease Control and Prevention standards that contains the following minimum elements:
(A)
Protocols for surveillance and detection of epidemic and pandemic diseases in residents and staff;
(B)
A communication plan for sharing information with public health authorities, residents, residents' representatives or their legal surrogates, and staff;
(C)
An education and training plan for residents and staff regarding infection control protocols;
(D)
An infection control plan that addresses visitation, cohorting measures, sick leave and return-to-work policies, and testing and immunization policies; and
(E)
A surge capacity plan that addresses protocols for contingency staffing and supply shortages.
Added by 2020 Ga. Laws 403,§ 8, eff. 6/30/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-12.6 - SARS CoV-2 testing for residents and staff in long-term care facilities

(a)
As used in this Code section, the term:
(1)
"Direct care staff person" means any employee, facility volunteer, or contract staff who provides to residents:
(A)
Any personal services, including but not limited to, medication administration or assistance, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting; or
(B)
Any other limited nursing services, as defined in subsection (b) of Code Section
31-7-12.2
.
(2)
"Long-term care facility" means a personal care home with 25 or more beds, an assisted living community, or a nursing home licensed in this state.
(b)
No later than September 28, 2020, each resident and direct care staff person in a long-term care facility in this state shall be required to receive an initial baseline molecular SARS CoV-2 test as outlined by the federal Centers for Disease Control and Prevention; provided, however, that residents and direct care staff persons tested prior to June 30, 2020, shall not be required to receive such test.
(c)
The department shall be authorized to establish rules and regulations to require testing of new residents and direct care staff persons on and after September 28, 2020.
Added by 2020 Ga. Laws 403,§ 8, eff. 6/30/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-12.8 - Certification as nursing aide; employer sponsored training and competency examination programs

(a)
The department shall certify an applicant for certification as a certified nurse aide who meets the following qualifications:
(1)
Has relevant professional or educational experience as determined by the department; and
(2)
Has achieved a minimum score, as established by rule of the department, on a certified nurse aide competency examination consisting of a written portion and a skills-demonstration portion, as approved by the department.
(b)
The department shall approve employer based programs sponsored by or offered in assisted living communities, private home care providers, personal care homes, or other long-term care facilities licensed by the department for certified nurse aide training and competency examination programs as determined by the department.
(c)
The department, in collaboration with the Department of Veterans Service, shall establish a program through which military medical personnel may provisionally operate within their scope of practice and training for a period of 12 months without meeting the examination requirements provided for in paragraph (2) of subsection (a) of this Code section. During such 12 month period, such individual may apply for certification at the appropriate level.
(d)
For purposes of this Code section, the term 'military medical personnel' means an individual who has, within 12 months of seeking certification pursuant to this Code section, served as a medic in the United States Army, medical technician in the United States Air Force, or corpsman in the United States Navy or Coast Guard and who was discharged or released from such service under conditions other than dishonorable.
Amended by 2024 Ga. Laws 486,§ 1-1, eff. 7/1/2024.
Amended by 2023 Ga. Laws 69,§ 2, eff. 7/1/2023.
Added by 2021 Ga. Laws 218,§ 1, eff. 5/4/2021.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-13 - Transfer of property upon death of patient

(a)
Whenever any person dies in a hospital licensed pursuant to this chapter, in any federal hospital operating within this state, or any nursing home operated within this state, such hospital or nursing home shall be authorized but shall not be required to transfer possession of any property, tangible or intangible, of such patient which is in the possession of the hospital or nursing home, to the following persons:
(1)
To the person designated by the patient in writing upon admission to the hospital or nursing home, if any;
(2)
To the surviving spouse of the patient, if any;
(3)
If no surviving spouse, to any adult child of the patient, and if no such adult child, to any person acting in loco parentis of any minor child;
(4)
If no surviving spouse or surviving children, to either parent of the patient;
(5)
If none of the above, then to any brother or sister of the patient; or
(6)
If none of the above, to the person assuming responsibility for burial of the patient.
(b)
The transfer of possession to the surviving spouse or any of the other family members or persons listed in subsection (a) of this Code section shall operate as a complete acquittal and discharge to the hospital or nursing home of liability from any suit, claim, or demand of whatever nature by any heir, distributee, or creditor of the patient, or any other person as relates to the property transferred. Such distribution is authorized to be made as provided in this Code section without the necessity of administration of the estate of the patient and without the necessity of obtaining an order that no administration of such estate is necessary.
(c)
The transfer of possession provided for in this Code section shall in no way affect the legal ownership or title to any property so transferred.
(d)
The provisions of any law of descent or distribution or any will or other instrument providing for disposition of property shall not be impaired by this Code section, and any person to whom property is transferred pursuant to this Code section may be required to transfer that property in conformity with the disposition of property required by such laws of descent or distribution or such will or other instrument.
Amended by 2009 Ga. Laws 8,§ 31, eff. 4/14/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-14 - Blood supplies; blood donor storage programs

(a)
When any person is admitted to a medical facility for surgical or medical treatment which has been scheduled in advance, neither the medical facility nor any licensed medical practitioner shall prohibit such person from providing a blood donor or donors to furnish blood which may be needed in such surgery or medical treatment, provided that:
(1)
The blood donation will not be detrimental to the donor or the recipient of such blood or any of its components; and
(2)
The donation is made not earlier than ten working days before the date of the anticipated transfusion and not later than the evening of the fourth full working day before the date of the anticipated transfusion.
(b)
If the person receiving surgical or other medical treatment requires more blood than is furnished by the provided donor or donors, then the medical facility may utilize its regular sources to supply the necessary amount. If less blood than the amount that is furnished by the provided donor or donors is used in the surgery or medical treatment, then the excess blood may be retained by the medical facility or turned over to a community blood bank.
(c)
This Code section shall not apply to any emergency surgical or medical treatment.
(d)
This Code section shall not apply to any medical facility which does not maintain a system for the collection, processing, and storage of blood and its component parts or to any medical facility which allows through a community blood bank a person to provide a blood donor or donors to furnish blood which may be needed in the person's surgery or medical treatment.
(e)
This Code section shall not apply to any person who is under the jurisdiction of the Department of Corrections.
(f)
A medical facility or licensed medical practitioner providing health care to a person who utilizes the provisions of this Code section shall not be liable in damages for injury or death occurring during or as a result of the medical or surgical treatment if the injury or death results from use of the blood supplied by the donors selected by the patient, unless that facility or practitioner is grossly negligent with regard to such use.
(g)
A medical facility or group of medical facilities may organize and operate short-term blood donor storage programs for the purpose of perpetuating a group of donors of a common blood type for emergency and planned surgical needs.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-15 - Review of professional practices by a peer review committee

(a)
A hospital or ambulatory surgical center shall provide for the review of professional practices in the hospital or ambulatory surgical center for the purpose of reducing morbidity and mortality and for the improvement of the care of patients in the hospital or ambulatory surgical center. This review shall include, but shall not be limited to, the following:
(1)
The quality of the care provided to patients as rendered in the hospital or ambulatory surgical center;
(2)
The review of medical treatment and diagnostic and surgical procedures in order to foster safe and adequate treatment of patients in the hospital or ambulatory surgical center; and
(3)
The evaluation of medical and health care services or the qualifications and professional competence of persons performing or seeking to perform such services.
(b)
The functions required by subsection (a) of this Code section may be performed by a "peer review committee," defined as a committee of physicians appointed by a state or local or specialty medical society or appointed by the governing board or medical staff of a licensed hospital or ambulatory surgical center or any other organization formed pursuant to state or federal law and engaged by the hospital or ambulatory surgical center for the purpose of performing such functions required by subsection (a) of this Code section.
(c)
Compliance with the above provisions of subsection (a) of this Code section shall constitute a requirement for granting or renewing the permit of a hospital or ambulatory surgical center. The functions required by this Code section shall be carried out under the regulations and supervision of the department.
(d)
Proceedings and records conducted or generated in an attempt to comply with the duties imposed by subsection (a) of this Code section shall not be subject to the provisions of either Chapter 14 or Article 4 of Chapter 18 of Title 50.
(e)
Nothing in this or any other Code section shall be deemed to require any hospital or ambulatory surgical center to grant medical staff membership or privileges to any licensed practitioner of the healing arts.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-16 - Determination or pronouncement of death of patient who died in facility classified as nursing home

When a patient dies in any facility classified as a nursing home by the department and operating under a permit issued by the department, a physician assistant, a nurse practitioner, or a registered professional nurse licensed in this state and employed by such nursing home at the time of apparent death of such person, in the absence of a physician, may make the determination and pronouncement of the death of said patient; provided, however, that when it appears that a patient died from other than natural causes, only a physician may make the determination or pronouncement of death. Such determination or pronouncement shall be made in writing on a form approved by the department.
Amended by 2017 Ga. Laws 236,§ 1, eff. 7/1/2017.
Amended by 2009 Ga. Laws 243,§ 3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-18 - Vaccinations for influenza and pneumococcal disease for certain discharged patients; vaccinations or other measures for health care workers and other employees in hospitals; immunity from liability; standing orders

(a)
Prior to discharging any inpatient who is 50 years of age or older, a hospital shall offer the inpatient a vaccination for the influenza virus. Prior to discharging any inpatient who is 65 years of age or older, a hospital shall offer the inpatient a vaccination for pneumococcal disease. Such vaccinations shall be provided in accordance with the recommendations of the Centers for Disease Control and Prevention and any applicable rules and regulations of the department, unless contraindicated and contingent on availability of such vaccine. A hospital may offer other patients such vaccinations in accordance with the recommendations of the Centers for Disease Control and Prevention and any applicable rules and regulations of the department. The vaccinations may be administered pursuant to a standing order that has been approved by the hospital's medical staff.
(b)
A hospital shall annually offer to its health care workers and other employees who have direct contact with patients, at no cost, vaccinations for the influenza virus in accordance with the recommendations of the Centers for Disease Control and Prevention, subject to availability of the vaccine. A hospital may offer to its health care workers and other employees any other vaccination, test, or prophylactic measure required or recommended by, and in accordance with the recommendations of, the Centers for Disease Control and Prevention. All such vaccinations, tests, or prophylactic measures may be offered or administered pursuant to standing orders approved by the hospital's medical staff to ensure the safety of employees, patients, visitors, and contractors.
(c)
A hospital or health care provider acting in good faith and in accordance with generally accepted health care standards applicable to such hospital or health care provider shall not be subject to administrative, civil, or criminal liability or to discipline for unprofessional conduct for complying with the requirements of this Code section.
(d)
Nothing in this Code section shall restrict or limit the use of standing orders in hospitals for any other lawful purpose.
Amended by 2022 Ga. Laws 761,§ 1, eff. 7/1/2022.
Amended by 2010 Ga. Laws 486,§ 1, eff. 7/1/2010.
Amended by 2009 Ga. Laws 53,§ 2, eff. 4/28/2009.
Added by 2008 Ga. Laws 546,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-19 - Nursing homes to annually offer influenza vaccinations to health care workers and other employees; immunity from liability

(a)
Each nursing home shall annually offer on site to its health care workers and other employees who have direct contact with patients, at no cost, vaccinations for the influenza virus in accordance with the recommendations of the Centers for Disease Control and Prevention, subject to availability of the vaccine. Each nursing home shall keep on record a signed statement from each such health care worker and employee stating that he or she has been offered vaccination against the influenza virus and has either accepted or declined such vaccination. A nursing home may offer to its health care workers and other employees who have direct contact with patients any other vaccination required or recommended by, and in accordance with the recommendations of, the Centers for Disease Control and Prevention, which may be offered or administered pursuant to standing orders approved by the nursing home's medical staff to ensure the safety of employees, patients, visitors, and contractors.
(b)
A nursing home or health care provider acting in good faith and in accordance with generally accepted health care standards applicable to such nursing home or health care provider shall not be subject to administrative, civil, or criminal liability or to discipline for unprofessional conduct for complying with the requirements of this Code section.
Added by 2013 Ga. Laws 255,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-20 - Medical facilities to make good faith application to southern regional TRICARE managed care support coordinator for certification in the TRICARE program

(a)
Each medical facility in this state shall, not later than July 1, 2015, make a good faith application to the southern regional TRICARE managed care support contractor for certification in the TRICARE program.
(b)
If any medical facility fails to qualify for certification in the TRICARE program, such medical facility shall implement a plan to upgrade the facility, equipment, personnel, or such other cause for the disqualification within one year of notice of such deficiency.
(c)
Each medical facility shall submit reports to the commissioner detailing its efforts to join the TRICARE program and shall submit copies of applications, acceptances or rejections, correspondences, and any other information the commissioner deems necessary.
(d)
The commissioner shall maintain files on each medical facility in this state and shall monitor each medical facility's efforts to join the TRICARE program.
(e)
Nothing in this Code section shall require a medical facility to enter into a contract with the southern regional managed care support contractor or to participate in TRICARE as a network provider or as a participating non-network provider, as such terms are defined in the federal TRICARE regulations.
Added by 2014 Ga. Laws 484,§ 1-1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-21 - Provision of influenza education information to assisted living community residents

(a)
Each assisted living community shall annually provide to each of its residents, no later than September 1 of each year, educational information on influenza disease. Such information shall include, but is not limited to, the risks associated with influenza disease; the availability, effectiveness, and known contraindications of the influenza immunization; causes and symptoms of influenza; and the means in which it is spread. Provision of the appropriate and current Vaccine Information Statement as provided by the Centers for Disease Control and Prevention shall be deemed to comply with this subsection.
(b)
Nothing in this Code section shall be construed to require an assisted living community to provide or pay for any vaccination against influenza for its residents.
(c)
No person shall have a cause of action for any loss or damage caused by any act or omission resulting from providing, or the lack of providing, educational information pursuant to this Code section.
Added by 2016 Ga. Laws 473,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-23 - Surgical smoke

(a)
As used in this Code section, the term "surgical smoke" means the gaseous by-product produced from the interaction of tools or heat-producing equipment used for dissection and hemostasis during surgical or invasive procedures.
(b)
Each hospital and ambulatory surgical center shall adopt policies for the reduction of human exposure to surgical smoke.
Added by 2022 Ga. Laws 849,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-23.1 - Drop off of homeless patients by hospitals

(a)
As used in this Code section, the term:
(1)
"Area of operation" shall, for the purpose of hospitals owned or operated by hospital authorities, have the same meaning as defined in paragraph (1) of Code Section
31-7-71
and, for purposes of all other hospitals, shall be the county in which the hospital is located.
(2)
"Drop off" means the act of transporting a patient to a location different from the location where such patient received health care services or treatment, and shall include but not be limited to directly providing or funding the transportation of such patient to such different location.
(3)
"Homeless individual" means a person who has no access to or can reasonably be expected not to have access to either traditional or permanent housing which can be considered safe, sanitary, decent, and affordable.
(4)
"Hospital" means a publicly or privately owned hospital which is permitted to operate by the department pursuant to this article.
(5)
"Hospital authority" means a hospital authority created pursuant to Article 4 of this chapter.
(b)
No hospital shall drop off a patient who is known to the hospital to be a homeless individual outside its area of operation unless:
(1)
Such drop-off location is in the county where such homeless individual was a resident prior to receiving health care services or treatment from such hospital; or
(2)
Such a drop off is at a facility or with a person, business, or organization that has agreed to accept the patient.
(c)
A hospital that violates this Code section shall be liable to any state or local governmental entity for any costs incurred by such entity in providing services for a homeless individual as a result of such violation.
Added by 2023 Ga. Laws 274,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 2 - [RESERVED] (§ 31-7-24) › Section 31-7-24 - through 31-7-40 - [Reserved]

Renumbered as §
31-7-24
by 2022 Ga. Laws 849,§ 1, eff. 7/1/2022.
Reserved. Repealed by Ga. L. 2008, p. 224, § 2/SB 130, effective July 1, 2008.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 3 - GRANTS FOR CONSTRUCTION AND MODERNIZATION OF MEDICAL FACILITIES (§§ 31-7-50 — 31-7-57) › Section 31-7-50 - Authorization of grants-in-aid

The state is authorized to make grants to any county, municipality, or any combination thereof or to any hospital authority to assist in the construction and modernization of publicly owned and publicly operated medical facilities, auxiliary medical facilities, and mental health centers as defined in Code Section
31-7-51
. The amount of the grant shall be determined in accordance with Code Sections
31-7-52
and
31-7-53
.
Amended by 2015 Ga. Laws 70,§ 4-2, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 3 - GRANTS FOR CONSTRUCTION AND MODERNIZATION OF MEDICAL FACILITIES (§§ 31-7-50 — 31-7-57) › Section 31-7-51 - Definitions

(a)
As used in this article, the term:
(1)
"Auxiliary medical facilities" means diagnostic and treatment facilities, nursing homes, chronic illness hospitals, and rehabilitation centers.
(2)
"Construction project" means a program for the construction of any medical facility or auxiliary medical facility or mental health center, as evidenced by the approval of a project under Title VI or Title VII of the federal Public Health Service Act, as now or hereafter amended.
(3)
"Hospital authority" means any hospital authority created under the "Hospital Authorities Law," Article 4 of this chapter, as now or hereafter amended.
(4)
"Medical facilities" means general hospitals, psychiatric hospitals, nurse training facilities, tuberculosis hospitals, and public health centers.
(5)
"Mental health center" means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community or communities in or near which the facility is situated.
(6)
Reserved.
(7)
"Modernization project" means the alteration, major repair, remodeling, replacement, and renovation of existing buildings (including original equipment thereof) and replacement of obsolete, built-in equipment of existing buildings, as evidenced by the approval of a project under Title VI or Title VII of the federal Public Health Service Act, as now or hereafter amended.
(8)
"Publicly operated" means operated by a county, municipality, hospital authority, or any combination thereof.
(9)
"Publicly owned" means that a county, municipality, hospital authority, or any combination thereof holds title to or has a long-term lease acceptable to the state agency on the property on which the construction or modernization is proposed.
(10)
"State agency" means the State Health Planning and Development Agency or any successor designated as the agency of state government to administer the state construction and modernization plan and receive funds pursuant to Titles VI and VII of the federal Public Health Service Act, as amended.
(b)
The terms "hospital," "psychiatric hospital," "nurse training facilities," "public health center," "rehabilitation facility," "nursing home," "chronic illness hospital," "long-term care facility," "mental health center," "construction," "cost of construction," "modernization," and "cost of modernization" shall have meanings consistent with those respectively ascribed to them in Titles VI and VII of the federal Public Health Service Act, as now or hereafter amended.
Amended by 2015 Ga. Laws 70,§ 4-3, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 3 - GRANTS FOR CONSTRUCTION AND MODERNIZATION OF MEDICAL FACILITIES (§§ 31-7-50 — 31-7-57) › Section 31-7-52 - Amounts of grants for construction and modernization

(a)
Grants for construction projects or modernization projects made from state appropriations pursuant to this article shall be in an amount equal to one-third of the allowable cost of the project, except as otherwise provided in this article.
(b)
In the event that state funds appropriated or otherwise made available during a given fiscal year for construction or modernization are not sufficient to match available federal funds, the state agency shall be empowered to:
(1)
Reduce the percentage of contribution by the state below one-third of the allowable cost of the project in order to obtain the optimum amount of construction with funds available; and
(2)
At its option, annually establish a ceiling which shall be the maximum amount that can be allotted to each or any medical facility project approved in the given fiscal year, provided that any ceiling so established shall not result in the allotment to a medical facility project of an amount greater than the one-third of allowable cost specified in subsection (a) of this Code section.
(c)
The aggregate of federal and state funds granted to publicly owned and publicly operated construction or modernization projects shall be 66 2/3 percent unless state funds are inadequate to obtain optimum construction, in which event the state agency is authorized to establish an aggregate less than 66 2/3 percent.
(d)
In the event an aggregate of federal and state funds is established at less than 66 2/3 percent, the state agency is authorized to establish a matching formula for any category of construction which is different from any other matching formula for any other category of construction; the state agency is further authorized to establish a matching formula for any category of modernization which is different from the matching formula for construction projects.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 3 - GRANTS FOR CONSTRUCTION AND MODERNIZATION OF MEDICAL FACILITIES (§§ 31-7-50 — 31-7-57) › Section 31-7-53 - Matching formula; priority system; use of earnings; approval of federal grant

(a)
The state agency shall establish a matching formula for each construction and modernization category by fiscal year. Any change in a matching formula shall apply in the same manner to each construction and modernization project within the category approved during the fiscal year.
(b)
Grants made pursuant to this article shall be in accordance with the priority system as approved by the state agency and the United States secretary of health and human services.
(c)
No part of the net earnings of publicly owned and publicly operated medical facilities, auxiliary medical facilities, and mental health centers constructed with the assistance of a grant under this article shall inure to the benefit of any private corporation or individual.
(d)
Any grant made pursuant to this article shall be contingent upon the approval for that project of a federal grant approved by the United States secretary of health and human services under either Title VI or Title VII of the federal Public Health Service Act, as now or hereafter amended.
Amended by 2017 Ga. Laws 275,§ 31, eff. 5/9/2017.
Amended by 2015 Ga. Laws 70,§ 4-4, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 3 - GRANTS FOR CONSTRUCTION AND MODERNIZATION OF MEDICAL FACILITIES (§§ 31-7-50 — 31-7-57) › Section 31-7-54 - Manner of expenditure of construction funds

In order to assist the several counties, municipalities, or any combination thereof or any hospital authorities created under the "Hospital Authorities Law," Article 4 of this chapter, such funds as are appropriated for each fiscal year for the construction of publicly owned and publicly operated medical facilities, auxiliary medical facilities, and mental health centers shall be expended in accordance with the provisions of this article.
Amended by 2015 Ga. Laws 70,§ 4-5, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 3 - GRANTS FOR CONSTRUCTION AND MODERNIZATION OF MEDICAL FACILITIES (§§ 31-7-50 — 31-7-57) › Section 31-7-55 - Administration of state funds

The state agency is to be the sole agency for the administration of state funds pursuant to this article. The administration of such funds shall be in direct conjunction with that of federal funds under Titles VI and VII of the Public Health Service Act, as now or hereafter amended.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 3 - GRANTS FOR CONSTRUCTION AND MODERNIZATION OF MEDICAL FACILITIES (§§ 31-7-50 — 31-7-57) › Section 31-7-56 - Adherence to federal law and regulations

The establishment of hospital service areas, the determination of relative need, the priority of projects, and the standards of construction shall be consistent with Titles VI and VII of the Public Health Service Act, as now or hereafter amended, and the federal regulations prescribed thereunder.