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Georgia Statutes, Title 31

Georgia/Statutes

← All Georgia coverage

Title 31

53 chapters · 983 sections in this title.

All chapters in Title 31983 Ch 7, REGULATION AND CONSTRUCTION OF HOSPI…189 Ch 8, CARE AND PROTECTION OF INDIGENT AND …150 Ch 11, EMERGENCY MEDICAL SERVICES65 Ch 2A, DEPARTMENT OF PUBLIC HEALTH36 Ch 10, VITAL RECORDS36 Ch 13, RADIATION CONTROL28 Ch 6, STATE HEALTH PLANNING AND DEVELOPMENT25 Ch 21, DEAD BODIES22 Ch 1, GENERAL PROVISIONS21 Ch 3, COUNTY BOARDS OF HEALTH19 Ch 12, CONTROL OF HAZARDOUS CONDITIONS, PRE…19 Ch 14, HOSPITALIZATION FOR TUBERCULOSIS16 Ch 41, LEAD POISONING PREVENTION16 Ch 2, DEPARTMENT OF COMMUNITY HEALTH15

150 sections·Filtered byTitle 31✕Ch 8✕

O.C.G.A. § 31-8-162 Definitions
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As used in this article, the term: (1) ‘‘Department’’ means the Department of Community Health created by Chapter 2 of this title. (2) ‘‘Medically indigent’’ means a person who meets the state-wide standards of indigency adopted by the department. (3) ‘‘Nursing home’’ means a fre…
O.C.G.A. § 31-8-163 Segregated account of revenues raised through provider fees
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There is established within the trust fund a segregated account for revenues raised through the imposition of the provider fee. All revenues raised through provider fees shall be credited to the segregated account within the trust fund and shall be invested in the same manner as …
O.C.G.A. § 31-8-164 Provider fee based on patient day; quarterly payment required
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(a) Each nursing home shall be assessed a provider fee with respect to each patient day for the preceding quarter, excluding medicare program patient days. The provider fee shall be assessed uniformly upon all nursing homes, except as provided in Code Section 31-8-168. The aggreg…
O.C.G.A. § 31-8-165 Use of segregated account funds; form for reporting provider fee; maintenance of records; inaccurate payments; penalty for failing to pay

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(a) The department shall collect the provider fees imposed pursuant to Code Section 31-8-164. All revenues raised pursuant to this article shall be deposited into the segregated account. Such funds shall be dedicated and used for the sole purpose of obtaining federal financial pa…

O.C.G.A. § 31-8-166 General Assembly appropriations of segregated funds; match to federal funds; no lapsing at end of fiscal year

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(a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be made for the sole …

O.C.G.A. § 31-8-167 Annual report by department to General Assembly

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The department shall report annually to the General Assembly on its use of revenues deposited into the segregated account and appropriated to the department pursuant to this article. History. — Code 1981, § 31-8-167, enacted by Ga. L. 2003, p. 435, § 2.

O.C.G.A. § 31-8-168 Request for waiver from United States Department of Health and Human Services

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No later than July 1, 2003, the department shall prepare and submit to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services a request for approval of a waiver pursuant to 42 C.F.R. Section 433.68(e) of the uniform fee require…

O.C.G.A. § 31-8-169 Application of the Medical Assistance Act of 1977

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Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the ‘‘Georgia Medical Assistance Act of 1977,’’ shall apply to the department in carrying out the purposes of this article. History. — Code 1981, § 31-8-169, enacted by Ga. L. 2003,…

O.C.G.A. § 31-8-170 Legislative authority

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This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution. History. — Code 1981, § 31-8-170, enacted by Ga. L. 2005, p. 505, § 1/HB 392.

O.C.G.A. § 31-8-171 Definitions

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As used in this article, the term: (1) ‘‘Care management organization’’ means an entity granted a certificate of authority under Chapter 21 of Title 33 of the Official Code of Georgia Annotated and which meets the definition found in 42 U.S.C. Sec. 1396b(w)(7)(A)(viii) as it now …

O.C.G.A. § 31-8-172 Segregated account for the deposit of fees

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There is established within the trust fund a segregated account for revenues raised through the imposition of the quality assessment fee. All revenues raised through such fees shall be credited to the segregated account within the trust fund and shall be invested in the same mann…

O.C.G.A. § 31-8-173 Assessment, calculation, and payment of fees

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(a) Each care management organization shall be assessed a quality assessment fee, in an amount to be determined by the department based on anticipated revenue estimates included in the state budget report, with respect to its gross direct premiums. The quality assessment fee shal…

O.C.G.A. § 31-8-174 Collection and disposition of fees; authority of department to inspect records of care management organizations; overpayment or underpayment; penalty for failure to pay fee

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(a) The department shall collect the quality assessment fees imposed pursuant to Code Section 31-8-173. All revenues raised pursuant to this article shall be deposited into the segregated account. Such funds shall be dedicated and used for the sole purpose of obtaining federal fi…

O.C.G.A. § 31-8-175 Appropriation of revenues to the department

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(a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be made for the sole …

O.C.G.A. § 31-8-176 Annual report by the department

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The department shall report annually to the General Assembly on its use of revenues deposited into the segregated account and appropriated to the department pursuant to this article. History. — Code 1981, § 31-8-176, enacted by Ga. L. 2005, p. 505, § 1/HB 392.

O.C.G.A. § 31-8-179 Short title

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This article is enacted pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution and shall be known and may be cited as the ‘‘Hospital Medicaid Financing Program Act.’’ History. — Code 1981, § 31-8-179, enacted by Ga. L. 2013, p. 1, § 1/SB 24.

O.C.G.A. § 31-8-179.1 Definitions

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As used in this article, the term: (1) ‘‘Board’’ means the Board of Community Health. (2) ‘‘Department’’ means the Department of Community Health. (3) ‘‘Hospital’’ means an institution licensed pursuant to Chapter 7 of this title which is primarily engaged in providing to inpatie…

O.C.G.A. § 31-8-179.2 Department of Community Health authorized to assess one or more provider payments on hospitals for the purpose of obtaining federal financial participation for Medicaid

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(a) The board shall be authorized to establish and assess, by board rule, one or more provider payments on hospitals, or a subclass of hospitals, as defined by the board; provided, however, that if any such provider payment is established and assessed, the provider payment shall …

O.C.G.A. § 31-8-179.3 Provider payments assessed to be deposited in segregated accounts within Indigent Care Trust Fund; sole purpose of funds to obtain federal financial participation for medical assistance payments for M

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(a) Any provider payments assessed pursuant to this article shall be deposited into a segregated account for each payment program within the Indigent Care Trust Fund created pursuant to Code Section

O.C.G.A. § 31-8-179.4 Authorized use of appropriated funds

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(a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into one or more segregated accounts. Such appropriations shall be authorize…

O.C.G.A. § 31-8-179.5 Applicability of Georgia Medical Assistance Act

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Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the ‘‘Georgia Medical Assistance Act of 1977,’’ shall apply to the department in carrying out the purposes of this article. History. — Code 1981, § 31-8-179.5, enacted by Ga. L. 201…

O.C.G.A. § 31-8-179.6 Automatic repeal

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This article shall stand repealed on June 30, 2025, unless reauthorized by the General Assembly prior to that date. History. — Code 1981, § 31-8-179.6, enacted by Ga. L. 2013, p. 1, § 1/SB 24; Ga. L. 2017, p. 1, § 1/SB 70; Ga. L. 2019, p. 183, § 4/HB 321. The 2017 amendment, effe…

O.C.G.A. § 31-8-180 Definitions

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As used in this article, the term: (1) ‘‘Alzheimer’s disease’’ or ‘‘Alzheimer’s related dementia’’ means a progressive, degenerative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior. (2) ‘‘Care,’’ ‘‘treatment,’’ and ‘‘therapeutic …

O.C.G.A. § 31-8-181 Individuals and hospitals excluded from application of article

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This article shall not apply to the following: (1) An individual licensed to practice medicine under the provisions of Chapter 34 of Title 43, and persons employed by such an individual, provided that any nursing home, personal care home as defined by Code Section 31-6-2, hospice…

O.C.G.A. § 31-8-182 Disclosure of care, treatment, or therapeutic activities required; disclosure form

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(a) Any entity, facility, program, or any instrumentality of the state or political subdivision of the state other than those excluded by Code Section 31-8-181 which advertises, markets, or offers to provide specialized care, treatment, or therapeutic activities for one or more p…

O.C.G.A. § 31-8-183 Areas covered by disclosure requirements

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The disclosure required by Code Section 31-8-182 shall explain the specialized care, treatment, or therapeutic activities provided to patients, residents, or participants with Alzheimer’s disease or Alzheimer’s related dementia in each of the following areas: (1) The overall phil…

O.C.G.A. § 31-8-184 Failure to provide disclosure; review and verification of disclosure form

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(a) Failure to provide disclosure as required by this article shall be considered a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the ‘‘Fair Business Practices Act of 1975,’’ and all public and private remedies available under such part shall be available with regar…

O.C.G.A. § 31-8-190 Short title

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This article shall be known and may be cited as the ‘‘‘Health Share’ Volunteers in Medicine Act.’’ History. — Code 1981, § 31-8-190, enacted by Ga. L. 2005, p. 1493, § 1/HB 166.

O.C.G.A. § 31-8-191 Legislative findings and intent

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The General Assembly finds that a significant proportion of the residents of this state who are uninsured or Medicaid recipients are unable to access needed health care because health care providers fear the increased risk of medical negligence liability. It is the intent of the …

O.C.G.A. § 31-8-192 Definitions

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As used in this article, the term: (1) ‘‘Contract’’ means an agreement executed in compliance with this article between a health care provider and a governmental contractor. This contract shall allow the health care provider to deliver health care services to low-income recipient…

O.C.G.A. § 31-8-193 Establishment of program; contracts with health care providers

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(a) The department is authorized and directed to establish a program pursuant to this article to provide for health care services to low-income recipients. The department shall enter into contracts to effectuate the purposes of this article. The department shall make reasonable e…

O.C.G.A. § 31-8-194 Notice to patients required

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The governmental contractor or the health care provider if designated in the contract must provide written notice to each patient or the patient’s legal representative, receipt of which must be acknowledged in writing, that the provider is a state employee or officer for purposes…

O.C.G.A. § 31-8-195 Volunteers to provide services

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(a) Every governmental contractor is authorized to recruit, train, and accept the services of volunteers, including regular-service volunteers and occasional-service volunteers in support of or in assistance to the program of health care services provided pursuant to this article…

O.C.G.A. § 31-8-195.1 Sovereign immunity protection for health care professionals in safety net clinics

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(a) A registered professional nurse, nurse midwife, licensed practical nurse, or advanced practice registered nurse licensed or registered under Chapter 26 of Title 43 or a physician assistant licensed pursuant to Article 4 of Chapter 34 of Title 43 who is employed by a safety ne…

O.C.G.A. § 31-8-196 Exemption from employment regulations

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Health care providers and volunteers recruited, trained, or accepted under this article shall not be subject to any provisions of the laws of this state relating to state employment, collective bargaining, hours of work, rates of compensation, leave time, or employee benefits. Ho…

O.C.G.A. § 31-8-197 Annual report of claims statistics

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The Department of Administrative Services shall annually compile a report of all claims statistics which shall include the number and total of all claims pending and paid, and defense and handling costs associated with all claims brought against contract providers under this arti…

O.C.G.A. § 31-8-198 Annual report by the department summarizing the efficiency of access and treatment outcomes

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Annually, the department shall report to the President of the Senate, the Speaker of the House of Representatives, the minority leaders of each house, and chairpersons of the House Health and Human Services Committee and the Senate Health and Human Services Committee, summarizing…

O.C.G.A. § 31-8-199 Department’s responsibilities regarding liability insurance

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The department shall be responsible for and shall pay such amounts as determined by the Department of Administrative Services for insurance premiums for liability coverage for the cost of claims and defense against litigation arising out of health care services delivered pursuant…

O.C.G.A. § 31-8-200 Adoption of rules and regulations

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The department shall adopt rules and regulations to administer this article in a manner consistent with its purpose to provide and facilitate access to appropriate, safe, and cost-effective health care services and to maintain health care quality. All providers and volunteers sha…

O.C.G.A. § 31-8-201 Applicability; preservation of the state’s rights under the Tort Claims Act

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This article applies to incidents occurring on or after July 1, 2005. Nothing in this article in any way reduces or limits the rights of the state or any of its agencies or subdivisions to any benefit currently provided under Article 2 of Chapter 21 of Title 50. History. — Code 1…

O.C.G.A. § 31-8-300 Definitions

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As used in this article, the term: (1) ‘‘Controlled substance’’ means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308. (2) ‘‘Eligible patient’’ means an individual who i…

O.C.G.A. § 31-8-301 Drug repository program established; criteria and requirements for unused over-the-counter and prescription drugs

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(a) The Department of Public Health shall establish a drug repository program to accept and dispense over-the-counter and prescription drugs donated for the purpose of being dispensed to eligible patients. (b) Drugs shall only be dispensed pursuant to the program if: (1) For pres…

O.C.G.A. § 31-8-302 Procedures for donation and dispensing of unused over-the-counter and prescription drugs

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(a) Any person, including a drug manufacturer, wholesaler, reverse distributor pharmacy, third-party logistics provider, government entity, hospital, or health care facility, may donate over-the-counter and prescription drugs to the program. The drugs shall be donated to an eligi…

O.C.G.A. § 31-8-303 Limited liability

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When complying with the provisions of this article and the rules and regulations adopted pursuant to this chapter, unless an action or omission constitutes willful or wanton misconduct, the following persons or entities shall not be subject to criminal or civil prosecution, crimi…

O.C.G.A. § 31-8-304 Rules and regulations; waiver

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(a) No later than January 1, 2017, the Department of Public Health shall establish rules and regulations to implement the program according to the provisions of this article for criteria for eligible recipients; standards and procedures for safely storing and dispensing donated d…

O.C.G.A. § 31-8-106 Short title

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Legislative intent. Definitions. Rights of residents generally. Explanation of rights; acknowledgment of explanation; posting of rights at facilities. Giving certain notices to persons who became residents before July 1, 1981. Information to be provided 437 residents upon admissi…

O.C.G.A. § 31-8-11 Article 2A Establishment and purpose of program; administration

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Definitions. Disbursement of state funds to counties. Qualification of counties for participation in program. Submission of budget by county. Credit for expenditures by county. Qualifications for assistance under program; waiver of residence requirements in emergencies. Agreement…

O.C.G.A. § 31-8-151 Constitutional authority for passage of article

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Definitions. 31-8-167. 31-8-168. 438 Legislative authority. Definitions. Segregated account of revenues raised through provider fees. Provider fee based on patient day; quarterly payment required. Use of segregated account funds; form for reporting provider fee; maintenance of re…

O.C.G.A. § 31-8-177 Legislative authority

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Definitions. Segregated account for the deposit of fees. Assessment, calculation, and payment of fees. Collection and disposition of fees; authority of department to inspect records of care management organizations; overpayment or underpayment; penalty for failure to pay fee. App…

O.C.G.A. § 31-8-37 Article 3 Findings; purpose of article

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Definitions. Determination of indigency. Creation of fund. Maintenance of records; certification of cost of care; determination of amount of fund. Payments from fund to hospitals. State appropriations to fund. Compliance with this article Long-term Care Ombudsman Program 31-8-50.…