Title 31 — Title 31
0 chapters · 651 sections in this title.
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. § 31-8-183 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 Definitions
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Individuals and hospitals excluded from application of article. Disclosure of care, treatment, or therapeutic activities required; disclosure form. Areas covered by disclosure requirements. Failure to provide disclosure; review and verification of disclosure form. Article 6C Arti…
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. 31-8-191. Legislative findings and intent.
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. § 31-8-194 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. § 31-8-196 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. § 31-8-199 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. § 31-8-2 Definitions
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As used in this article, the term: (0.5) ‘‘Department’’ means the Department of Community Health. (1) ‘‘Indigent person’’ means any resident who is ill or injured and who from his own resources or from the resources of those upon whom he is legally dependent is financially unable…
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. § 31-8-3 Disbursement of state funds to counties
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State funds appropriated to the department for the purpose of carrying out this article shall be expended by the department so as to provide for the administration of this article as it deems necessary and proper and to assist counties in providing hospital care for indigent resi…
O.C.G.A. § 31-8-30 Findings; purpose of article
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The General Assembly finds that there is an inequitable distribution of the public costs incurred in providing health care for indigent persons who receive such care outside their counties of residence. The publicly supported hospitals providing such health care are frequently no…
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. § 31-8-303 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. § 31-8-31 Definitions
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As used in this article, the term: (1) ‘‘Area of operation’’ shall, for the purpose of 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. (…
O.C.G.A. § 31-8-32 Determination of indigency
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(a) The commissioner of community health shall adopt state-wide standards to determine indigency for the purposes of this article. To the extent practicable, such standards shall be based on similar standards adopted for the purpose of determining the ability to pay of patients r…
O.C.G.A. § 31-8-33 Creation of fund
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There is created the Nonresident Indigent Health Care Fund for the purpose of making payments therefrom to hospitals to reimburse such hospitals for the cost of care of nonresident indigent patients. Such fund shall be made up of appropriations made thereto by the General Assembl…
O.C.G.A. § 31-8-35 Payments from fund to hospitals
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For each fiscal year, beginning with the 1980-81 fiscal year, payments to hospitals for cost of care of nonresident indigent patients shall be made from the fund. Beginning with the certifications made after the close of the first quarter of the 1980-81 fiscal year, the quarterly…
O.C.G.A. § 31-8-36 State appropriations to fund
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(a) For each fiscal year, beginning with the 1980-81 fiscal year, the commissioner shall make a request for appropriation of the amount determined under Code Section 31-8-34 as the state-wide cost of care for nonresident indigent patients in the budget of the Department of Commun…
O.C.G.A. § 31-8-37 Compliance with this article contingent upon appropriation
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On and after July 1, 1987, hospitals shall not be required to comply with the provisions of this article unless the General Assembly appropriates funds in an amount determined as the state-wide cost of care for nonresident indigent patients as provided for in Code Section 31-8-36…
O.C.G.A. § 31-8-4 Qualification of counties for participation in program
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In order for a county to qualify for assistance under the program, the governing authority of said county shall have certified that: (1) The county elects to participate in the program; (2) A local budget providing the funds required by the graduated matching formula has been app…
O.C.G.A. § 31-8-40 Legislative findings and purpose
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31-8-41. Definitions. 31-8-42. Requirement of hospitals with emergency services to provide care to pregnant women in labor. 31-8-43. Determination of indigency; payment of services provided under Code Section 31-8-42 for indigent patients by county; records; administration. 31-8-…
O.C.G.A. § 31-8-41 Definitions
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As used in this article, the term: (1) ‘‘Cost of care’’ means the cost of services rendered by a hospital for care required to be provided thereby under this article, and for services rendered by a physician in connection therewith, at the lesser of the actual charges or the reim…
O.C.G.A. § 31-8-46 Investigation; penalties; rules and regulations
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(a) If the department receives notice that a violation by a hospital of Code Section 31-8-42 is in progress, the department shall immediately order an investigation to determine whether or not there has been a violation and upon finding that a violation has occurred shall immedia…
O.C.G.A. § 31-8-5 Submission of budget by county
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After the implementation of this article, the governing authority of each participating county shall, on or before April 1 of each year, submit to the department a program budget containing an estimate and supporting data setting forth the amount of moneys needed to provide hospi…
O.C.G.A. § 31-8-50 Declaration of policy
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The General Assembly finds that a significant number of older citizens of this state reside in long-term care facilities in this state and, because of their isolated and vulnerable condition, are more dependent on others for their protection and care. It is the intent of the Gene…
O.C.G.A. § 31-8-51 Definitions
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As used in this article, the term: (1) ‘‘Community ombudsman’’ means a person certified as a community ombudsman pursuant to Code Section 31-8-52. (1.1) ‘‘Department’’ means the Department of Human Services. (2) ‘‘Long-term care facility’’ means any skilled nursing home, intermed…
O.C.G.A. § 31-8-52 Establishment of long-term care ombudsman program
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Pursuant to the Older Americans Act of 1965 (P.L. 89-73, 79 Stat. 219), as amended, and as a condition of receiving funds under that act for various programs for older citizens of this state, the Department of Human Services has been required to establish and operate a long-term …
O.C.G.A. § 31-8-53 Duties of state ombudsman
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The state ombudsman shall: (1) Establish policies and procedures, subject to approval by the commissioner of human services, for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of residents of long-term care facilities concerning any…
O.C.G.A. § 31-8-54 Duties of community ombudsmen
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Pursuant to policies and procedures established by the state ombudsman, the community ombudsmen shall: (1) Learn about the general conditions affecting residents of long-term care facilities and work for the best interest of these residents; (2) Receive, investigate, and attempt …
O.C.G.A. § 31-8-56 Resolution of complaints
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(a) Following an investigation, the state ombudsman or community ombudsman shall report his opinions or recommendations to the party or parties affected thereby and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation, conciliation, an…
O.C.G.A. § 31-8-57 Reporting abuse
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Any person who has reasonable cause to believe that a resident of a long-term care facility is being, or has been, abused, neglected, exploited, or abandoned or is in a condition which is the result of abuse, neglect, exploitation, or abandonment may report such information or ca…
O.C.G.A. § 31-8-58 Confidentiality
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The identity of any complainant, resident on whose behalf a complaint is made, or individual providing information on behalf of the resident or complainant relevant to the investigation of a complaint shall be confidential and may be disclosed only with the express permission of …
O.C.G.A. § 31-8-59 Notice to residents
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The state ombudsman shall prepare and distribute to each long-term care facility in the state a written notice describing the long-term care ombudsman program and the procedure to follow in making a complaint, including the address and telephone number of the state ombudsman and …
O.C.G.A. § 31-8-6 Credit for expenditures by county
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Upon certification approved by the department, any participating county may receive credit for direct expenditures made during the period covered by the budget by the county to a hospital or hospitals when such expenditures can be shown to have been made for the care of indigent …
O.C.G.A. § 31-8-61 Liability for provision of information
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Notwithstanding any other provision of law, no person providing information, including, but not limited to, patient records, to the state ombudsman or a community ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be ci…
O.C.G.A. § 31-8-62 Liability arising from complaints
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Any person who, in good faith, makes a complaint or provides information as authorized in this article shall incur no civil or criminal liability therefor. Any state or community ombudsman who, in good faith, performs his or her official duties, including but not limited to, maki…
O.C.G.A. § 31-8-63 Rules and regulations
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The department is authorized to adopt and promulgate rules and regulations to implement this article. History. — Code 1933, § 88-1914a, enacted by Ga. L. 1979, p. 1240, § 1. ARTICLE 4 REPORTING ABUSE OR EXPLOITATION OF RESIDENTS IN LONG-TERM CARE FACILITIES
O.C.G.A. § 31-8-80 Short title
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This article shall be known as the ‘‘Long-term Care Facility Resident Abuse Reporting Act.’’ History. — Code 1933, § 88-1901c, enacted by Ga. L. 1980, p. 1261, § 1.
O.C.G.A. § 31-8-81 Definitions
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As used in this article, the term: (1) ‘‘Abuse’’ means any intentional or grossly negligent act or series of acts or intentional or grossly negligent omission to act which causes injury to a resident, including, but not limited to, assault or 470 31-8-82 battery, failure to provi…
O.C.G.A. § 31-8-83 Investigations
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(a) The department shall immediately initiate an investigation after the receipt of any report. The department shall direct and conduct all investigations; however, it may delegate the conduct of investigations to local police authorities or other appropriate agencies. If such de…
O.C.G.A. § 31-8-85 Immunity from liability
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(a) Any agency or person who in good faith makes a report or provides information or evidence pursuant to this article shall be immune from liability for such actions. (b) Neither the department nor its employees, when acting in good faith and with reasonable diligence, shall hav…
O.C.G.A. § 31-8-86 Confidentiality
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The identities of the resident, the alleged perpetrator, and persons making a report or providing information or evidence shall not be disclosed to the public unless required to be revealed in court proceedings or upon the written consent of the person whose identity is to be rev…
O.C.G.A. § 31-8-87 Retaliation prohibited
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No person or facility shall discriminate or retaliate in any manner against any person for making a report or providing information pursuant to this article or against any resident who is the subject of a report. Nothing in this Code section shall be construed to prohibit the ter…
O.C.G.A. § 31-8-88 Notice of requirements of article
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The department shall prepare a written notice describing the reporting requirements set forth in this article. Such notice shall be distributed to all long-term care facilities and hospitals in the state and copies thereof shall be posted in conspicuous locations within facilitie…
O.C.G.A. § 31-8-9 Use of gifts and donations
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The department is authorized and empowered to accept and expend any and all gifts and donations that may be available to it for the purposes of this article. History. — Ga. L. 1957, p. 470, § 11; Code 1933, § 88-2311, enacted by Ga. L. 1964, p. 499, § 1. 31-8-9.1. Eligibility to …