Limitations on liability of liquefied petroleum gas providers

(a) As used in this Code section, the term: (1) ‘‘Liquefied petroleum gas equipment’’ means a liquefied petroleum gas appliance or liquefied petroleum gas equipment. (2) ‘‘Liquefied petroleum gas provider’’ means any person or entity engaged in the business of supplying, handling, transporting, or selling at retail liquefied petroleum gas in this state. (b) A liquefied petroleum gas provider shall be immune from civil liability if the proximate cause of the injury or damages was: (1) An alteration, modification, or repair of liquefied petroleum gas equipment that could not have been discovered by the liquefied petroleum gas provider in the exercise of reasonable care; or (2) The use of liquefied petroleum gas equipment in a manner or for a purpose other than that for which the liquefied petroleum gas equipment was intended to be used or for which could reasonably have been foreseen, provided that the liquefied petroleum gas provider or the manufacturer of the liquefied petroleum gas equipment 228 51-1-52 has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the liquefied petroleum gas equipment. (c) Nothing in this Code section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of liquefied petroleum gas equipment or its employees or agents under any legal claim, including but not limited to product liability claims. (d) This Code section shall apply to any cause of action arising on or after July 1, 2005. (Code 1981, § 51-1-51, enacted by Ga. L. 2005, p. 1177, § 1/SB 139.) 51-1-52. Federal law payor guidelines and criteria not a legal basis for negligence or standard of care for medical malpractice or product liability. (a) As used in this Code section, the term: (1) ‘‘Criteria’’ means criteria relating to administrative procedures and shall not include criteria relating to medical treatment, quality of care, or best practices. (2) ‘‘Guideline’’ means a guideline relating to administrative procedures and shall not include guidelines relating to medical treatment, quality of care, or best practices. (3) ‘‘Payor’’ means any insurer, health maintenance organization, self-insurance plan, or other person or entity which provides, offers to provide, or administers hospital, outpatient, medical, or other health care benefits to persons treated by a health care provider in this state pursuant to any policy, plan, or contract of accident and sickness insurance as defined in Code Section 33-7-2. (4) ‘‘Standard’’ means a standard relating to administrative procedures and shall not include standards relating to medical treatment, quality of care, or best practices. (b) The development, recognition, or implementation of any guideline by any public or private payor or the establishment of any payment standard or reimbursement criteria under any federal laws or regulations related to health care shall not be construed, without competent expert testimony establishing the appropriate standard of care, to establish a legal basis for negligence or the standard of care or duty of care owed by a health care provider to a patient in any civil action for medical malpractice or product liability. Nor shall compliance with such a guideline, standard, or criteria establish a health care provider’s compliance with the standard of care or duty of care owed by a health care provider to a patient in any civil action for medical malpractice or 229 51-1-53 medical product liability without competent expert testimony establishing the appropriate standard of care. (Code 1981, § 51-1-52, enacted by Ga. L. 2013, p. 627, § 1/HB 499.)