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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. § 31-8-1 Establishment and purpose of program; administration
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In order to promote and preserve the health of the people of this state, there is established a Hospital Care for the Indigent Program to be administered by the Department of Community Health. The purpose of this program is to assist counties in the purchase of hospital care for …
O.C.G.A. § 31-8-10 Rules and regulations
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The department shall adopt and promulgate such rules and regulations as it deems necessary to carry out this article. History. — Ga. L. 1957, p. 470, § 7; Code 1933, § 88-2307, enacted by Ga. L. 1964, p. 499, § 1.
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. § 31-8-3 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…

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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. § 31-8-5 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. § 31-8-6 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. § 31-8-7 Qualifications for assistance under program; waiver of residence requirements in emergencies

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In order to qualify for assistance under this program, a person must be an indigent resident of this state and must be a person for whom hospital care is not available under any other program. The six-months’ residency requirement may be waived if a physician certifies that the i…

O.C.G.A. § 31-8-8 Agreements between department and other governmental agencies or private organizations to obtain funds

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The department is authorized and empowered to enter into agreements with other state departments and boards, agencies of the United States government, local governmental agencies, and voluntary organizations to obtain funds for hospital care that may be available for needy person…

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.

O.C.G.A. § 31-8-9.1 Eligibility to receive tax credits; obligations of rural hospitals after receipt of funds; posting information on website

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(a) As used in this Code section, the term: (1) ‘‘Critical access hospital’’ means a hospital that meets the requirements of the federal Centers for Medicare and Medicaid Services to be designated as a critical access hospital and that is recognized by the department as a critica…

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. § 31-8-31 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. § 31-8-34 Maintenance of records; certification of cost of care; determination of amount of fund

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(a) Each hospital shall maintain accurate records of its cost of care for providing health care services for nonresident indigent patients. As soon as practicable after the close of each quarter of each fiscal year and within not more than 30 days after the close thereof, the chi…

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. § 31-8-40 Legislative findings and purpose

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The General Assembly finds that Georgia’s high rates of infant mortality and morbidity are costly to the state in terms of human suffering and of expenditures for long-term institutionalization, special education, and medical care. It is well documented that appropriate care duri…

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. § 31-8-42 Requirement of hospitals with emergency services to provide care to pregnant women in labor

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Any hospital which operates an emergency service shall be required to provide the appropriate, necessary emergency services to any pregnant woman who is a resident of this state and who presents herself in active labor to the hospital, if those services are usually and customaril…

O.C.G.A. § 31-8-43 Determination of indigency; payment of services provided under Code Section 31-8-42 for indigent patients by county; records; administration

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(a) The commissioner of community health shall adopt state-wide standards to determine indigency for the purposes of this article, which standards shall be based upon and consistent with 125 percent of the federal poverty level as it exists on May 1, 1985. These standards shall f…

O.C.G.A. § 31-8-43.1 Extent of patient’s liability for costs; required cooperation of patient with county; liability of father for costs; action by county to recover costs or challenge determination of liability

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(a) A patient who receives services under this article shall, by accepting such services, be deemed to have agreed to: (1) Be liable to any county which pays all or any part of that patient’s cost of care for the entire amount so paid by that county, except that a patient who mee…

O.C.G.A. § 31-8-44 Immunity of hospital or health care provider from liability

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No physician, nurse, or other such medical assistant, nor the hospital or any of its agents or employees shall be guilty of malpractice or civilly liable therefor for treatment rendered under this article unless the physician, nurse, or other medical assistant, or the hospital, i…

O.C.G.A. § 31-8-45 Availability of cause of action for patient wrongfully denied care

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If a hospital fails or refuses to provide treatment or services pursuant to the provisions of Code Section 31-8-42, a person aggrieved by such failure or refusal shall have a cause of action against the hospital for damages and for such other relief as the court having jurisdicti…

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. § 31-8-50 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. § 31-8-55 Entry and investigative authority; cooperation of government agencies; communication with residents

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(a) The state ombudsman or community ombudsman, on his or her initiative or in response to complaints made by or on behalf of residents of long-term care facilities, may conduct investigations in matters within his or her powers and duties as provided by this article. (b) The sta…

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. § 31-8-60 Retaliation against resident and interference with ombudsman prohibited; provisions applicable to violations

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No person shall discriminate or retaliate in any manner against any resident or relative or guardian of a resident, any employee of a long-term care facility, or any other person because of the making of a complaint or providing of information in good faith to the state ombudsman…

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 battery, failure to provide treatment…

O.C.G.A. § 31-8-82 Persons required to report abuse or exploitation; time for making report; contents of report; records; privileged communications

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(a) Any of the following people who have reasonable cause to believe that any resident or former resident has been abused or exploited while residing in a long-term care facility shall immediately make a report as described in subsection (d) of this Code section by telephone or i…

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. § 31-8-84 Evaluation of results of investigation; protection of resident

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(a) Upon the receipt of the results of an investigation, the department, in cooperation with the investigating agency, shall immediately evaluate such results to determine what actions shall be taken to assist the resident. (b) The department or an agency designated by the depart…

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. § 31-8-100 Short title

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This article shall be known and may be cited as the ‘‘Bill of Rights for Residents of Long-term Care Facilities.’’ History. — Code 1933, § 88-1901B, enacted by Ga. L. 1981, p. 149, § 1.