Title 10 — Health and Safety

All insurer contracts delivered or issued for delivery, which are also executed or renewed on Guam, and which provide maternity coverage shall also provide coverage for a minimum of forty-eight (48) hours of inpatient care following a vaginal delivery, and a minimum of ninety-six…

COL120106 Notwithstanding the provisions of § 92104, an insurance policy delivered or issued for delivery on Guam that provides coverage for postpartum care to a mother and her newly born child in the home shall not be required to provide for coverage for a minimum of forty-eight…

Postpartum care in the home shall be made in accordance with accepted maternal and neonatal physician assessments, by a registered professional nurse with community maternal and child health nursing experience or by a person with appropriate licensure, training and experience to …

Each insurer providing maternity coverage on Guam shall mail a written description of the coverage and notify the expectant mother of her right to complain should she not receive the coverage as required under this Article, in a form approved by the Department of Public Health an…

Any subscriber or member who is aggrieved by a denial of benefits to be provided under this section may appeal said denial in accordance with regulations of the Department of Public Health and Social Services. COL120106

No person, insurer, health maintenance organization, nonprofit health care plan, insurance pool, or health insurance alliance, transacting health insurance or providing health care services, as defined herein, on Guam, shall provide, directly or indirectly, any financial incentiv…

In addition to any other penalty provided by law or rule, violation of any provisions of this rule is subject to penalties for violation of the insurance code.

Nothing in this Act shall be construed as establishing any maximum limitation on inpatient maternity care or inpatient maternity benefits.

If any section of this rule, or applicability of any section to any person or circumstance, is for any reason held invalid by a court, the remainder of the rule, or the applicability of such provisions to other persons or circumstances, shall not be affected. ---------- COL120106…

This Chapter shall be known, and may be cited, as “The Nana Yan Patgon Act” or “The Mother and Child Act.”

I Liheslaturan Guåhan finds that throughout the United States, laws have been enacted to ensure that women have the right to breastfeed children in recognition of the health and economic benefits of breastfeeding. Currently, Guam lacks any laws relative to breastfeeding to addres…

The purpose and policy of this Chapter is to ensure that women have a right to breastfeed children or express breast milk in a safe and clean environment or private designated area without the fear of social constraints, discrimination, embarrassment, or even prosecution. It is n…

(a) Notwithstanding any other provision of the law, a woman may breastfeed a baby or express breast milk in any location, public or private, except the private home or residence of another, where the woman is otherwise authorized to be. (b) Breastfeeding a child or expressing bre…

It is a discriminatory practice to deny, or attempt to deny, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodations to a woman because she is breastfeeding a child.

For the purposes of this Section, employer means a person or entity that employs one (1) or more employees. (a) An employer must provide reasonable paid break time each day to an employee who needs to express breast milk for an infant child up to the age of two (2). The break tim…

The executive, legislative and judiciary branches, and all autonomous and semiautonomous agencies, public corporations and other public instrumentalities of the government of Guam, shall provide a safe and clean room or private designated area, in close proximity to the work area…

Accommodations. COL10312014 For the purposes of this Section, educational institution means any public school, university or college with enrolled students. (a) Educational institutions must make reasonable efforts to provide a safe and clean room or private designated area, othe…

The Guam Department of Labor Director (GDOL) shall be responsible for recording data and addressing allegations of discrimination against nursing women in the workplace of both the government and non- government of Guam entities, and to ensure that women are aware of breastfeedin…

If deemed necessary, the Directors of the Department of Labor and Department of Administration shall promulgate joint rules and regulations, pursuant to the provisions of the Administrative Adjudication Act, governing the procedures whereby a person can make a claim of discrimina…

Public Health and Social Services. The Director of the Department of Public Health and Social Services shall develop and implement a community-wide public education program promoting breastfeeding and its benefits. The education campaign shall include a component that strongly en…

Care Providers and Maternal Health Care Facilities. For purposes of this Section, maternal health care providers means a physician, midwife, or other authorized practitioner attending a pregnant woman; and maternal health care facility includes hospitals and freestanding birthing…

This Act shall take effect ninety (90) days after its enactment. ---------- COL10312014 COL10312014

As mandated by Public Law 25-141, a Guam System of Care Council (GSOCC) was established to create a comprehensive System of Care Plan for the treatment of children with a serious emotional disturbance (SED), and their families, on Guam. This legislation was the culmination of col…

A child with, or at risk of, a serious emotional disturbance shall be provided access to a comprehensive system of care tailored to meet the child’s unique needs. The system of care shall be child-centered and family- focused; culturally competent; and non-discriminatory. The sys…

As used in reference to the planning, implementation, and evaluation of the Guam System of Care Council for Children with Serious Emotional Disturbance, the following terms are defined: COL372014 WITH SERIOUS EMOTIONAL DISTURBANCE (a) ‘Access to services’: the right to, and ease …

There is hereby created the Guam System of Care Council (‘GSOCC’). The GSOCC shall be composed of the following: (a) eleven (11) family representatives appointed by I Maga’lahen Guåhan, to include nine (9) parents of children with serious emotional disturbance; one (1) of the nin…

The Council shall: (a) Monitor the development and implementation of Guam’s System of Care Plan for children with SED and work to ensure its sustainability. (b) Act as the Governing Body for the CMHI cooperative agreement, including, but not limited to: COL372014 WITH SERIOUS EMO…

(a) Insurer means for purposes of this chapter any health insurer (including a group health plan, as defined in '607(1) of the Employee Retirement Income Security Act of 1974), health maintenance organization, or hospital and medical service plan. An insurer is prohibited from co…

(a) An insurer shall not deny enrollment of a child under the health plan of the child=s parent on the grounds that: (1) The child was born out of wedlock; (2) The child is not claimed as a dependent on the parent=s Guam tax return; (3) The child does not reside with the parent o…

COL120106 Where a parent is required by a court or administrative order to provide health coverage, which is available through an employer doing business in Guam, the employer is required: (a) To permit the parent to enroll under family coverage any child who is otherwise eligibl…

The government of Guam may garnish the wages, salary or other employment income of, and withhold amounts from territorial tax refunds to, any person who: (a) Is required by court or administrative order to provide coverage of the cost of health services to a child eligible for me…

As used in this chapter: (1) Child means, in connection with any adoption, or placement for adoption of the child, an individual who has not attained the age of eighteen (18) as of the date of the adoption or placement for adoption. (2) Placement for adoption means the assumption…

(a) Coverage effective upon replacement for adoption. In any case in which a group health plan provides coverage for dependent children of participants or beneficiaries, the plan shall provide benefits to dependent children placed with participants or beneficiaries for adoption u…

This Act may be cited as The Public Access to Automated External Defibrillation Act of 2000.

(a) I Liheslaturan Guåhan finds that early defibrillation can sustain the life of, and temporarily stabilize, a person in cardiac arrest, and that early defibrillation operates as an extension of a physician in sustaining the life of and stabilizing a person in cardiac arrest, th…

For purposes of this Act: (a) Automated external defibrillator (AED) means a device which: DEFIBRILLATION ACT OF 2000 (1) is used to administer an electric shock through the chest wall to the heart; (2) has built-in computers within the device to assess the patient’s heart rhythm…

(a) In order to ensure the public health and safety, a person or entity who acquires an AED shall ensure that: (1) expected AED users complete a knowledge and skills course in CPR and AED use based upon current American Heart Association scientific guidelines, standards and recom…

(a) Any person or entity who in good faith and without compensation renders emergency care or treatment by the use of an automated external defibrillator is immune from civil liability for any personal injury as a result of the care or treatment, or as a result of any act or fail…

Defibrillators at All Government Offices. (a) Each department and agency of the government of Guam, inclusive of autonomous and semi-autonomous agencies which have an office that provides a service to the general community of DEFIBRILLATION ACT OF 2000 Guam, shall provide access …

This Act may be cited as “The GMHA Healthcare Trust and Development Act of 2013.”

(a) Notwithstanding any other law, there is hereby created, separate and apart from other funds and accounts of the government of Guam, a fund known as the GMHA Healthcare Trust and Development Fund (Fund). The Fund shall not be commingled with the General Fund or any other fund …

(a) Up to sixty percent, of the funds in the GMHA Healthcare Trust and Development Fund, shall be allocated to the Guam Memorial Hospital Authority for the purpose of subsidizing the establishment and operation, in whole or part, including as seed or start-up money, of an Urgent …

Basis. The Administrator of the Guam Memorial Hospital Authority shall submit to I Liheslaturan Guåhan and I Maga’lahen Guåhan a detailed report of the expenditures of the GMHA Healthcare Trust and Development Fund on a quarterly basis. --------- COL10312014

As used in this Chapter, the following terms shall mean: (a) “emergency care to sexual assault victims” means a medical examination, procedure, or service provided by an emergency health care facility to a sexual assault victim following an alleged sexual offense. (b) “emergency …

An emergency health care facility shall provide emergency care to a sexual assault victim. It shall be the standard of care for an emergency health care facility to: (a) provide each sexual assault victim with medically and factually accurate and objective oral and written inform…

An emergency health care facility shall have written policies and procedures to ensure that all personnel who provide care or information to a sexual assault victim: (a) are trained to provide medically and factually accurate and objective information about emergency contraceptio…

(a) The Director of Public Health and Social Services, in collaboration with the Director of the Bureau of Women’s Affairs, the Guam Sexual Assault Response Team, the Guam Coalition against Sexual Assault and Family Violence and the Healing Hearts Crisis Center, shall develop, pr…