HB89: HB89 Public Health, Department of; require healthcare providers, facilities, and pharmacies to provide the Maternal Mortality Review Committee with psychiatric or other clinical records

Georgia's Maternal Mortality Review Committee studies pregnancy-related deaths to understand their causes. Under prior law, healthcare providers and facilities had to share relevant medical records with the committee, but psychiatric records were not clearly included. This bill amends O.C.G.A. § 31-2A-16 to specifically require licensed healthcare providers, healthcare facilities, and pharmacies to give the committee access to psychiatric and other medical records tied to a case under review, within 30 days of a request, unless barred by state or federal law. It also shields those providers from civil, criminal, or disciplinary liability for good-faith record sharing. The bill creates a new Regional Perinatal Center Advisory Committee within the Department of Public Health to evaluate and recommend changes to the state's network of regional perinatal centers, which coordinate high-level care for high-risk mothers and infants. Starting July 1, 2026, and every four years after, the department must assess the system and present a plan to state leaders. The bill also updates mental health record law (O.C.G.A. § 37-3-166) to allow release of a deceased patient's records to the review committee, and removes a requirement that certain pregnancy-related death inquiries go through a regional perinatal center.

• Requires licensed healthcare providers, healthcare facilities, and pharmacies to give the Maternal Mortality Review Committee access to psychiatric and other medical records within 30 days of a request.
• Protects providers and facilities from civil, criminal, or disciplinary liability for good-faith sharing of records with the committee.
• Creates the Regional Perinatal Center Advisory Committee, with 11 to 21 members appointed by the commissioner of public health, to review the state's perinatal care system every four years starting July 1, 2026.
• Requires hospitals seeking designation as a regional perinatal center to report their capabilities, funding needs, and services to the Department of Public Health.
• Amends mental health records law (O.C.G.A. § 37-3-166) to allow release of a deceased patient's clinical records to the Maternal Mortality Review Committee.
• Removes the requirement that a medical examiner's inquiry into certain pregnant female deaths be conducted through a regional perinatal center (O.C.G.A. § 45-16-24).

Licensed healthcare providers, hospitals, and pharmacies in Georgia, which must share records on request; the Maternal Mortality Review Committee and Department of Public Health, which gain new records access and oversight duties; hospitals seeking regional perinatal center status; and coroners and medical examiners handling pregnancy-related deaths.

By requiring access to psychiatric records, the bill lets Georgia's maternal mortality reviewers examine mental health factors, such as postpartum depression or suicide, that contribute to pregnancy-related deaths. The new perinatal advisory committee could reshape which hospitals handle high-risk births and where mothers get referred for care.

• Section 1 revises O.C.G.A. § 31-2A-16 to require providers, facilities, and pharmacies to give the Maternal Mortality Review Committee access to psychiatric and other relevant medical records within 30 days, unless law prohibits it.
• Section 1 also grants immunity from civil, criminal, or disciplinary liability for good-faith release of such records.
• Section 2 creates a new Article 4 in Chapter 2A of Title 31, establishing the Regional Perinatal Center Advisory Committee (11 to 21 members, four-year terms) to advise the commissioner on regional perinatal center needs.
• Section 2 requires the department, starting July 1, 2026 and every four years after, to assess the perinatal system, including transport availability, high-risk case referrals, and facility coordination.
• Section 2 requires hospitals seeking regional perinatal center designation to disclose their capabilities, funding gaps, and services to the department.
• Section 2 requires the department to present a statewide perinatal center plan to the Governor and legislative leaders every four years starting July 1, 2026.
• Section 3 revises O.C.G.A. § 37-3-166 to permit release of a deceased patient's or former patient's clinical records to the Maternal Mortality Review Committee, except for legally privileged matters.
• Section 4 revises O.C.G.A. § 45-16-24 to remove the requirement that certain pregnancy-related death inquiries go through a regional perinatal center.

1. 2025-05-01Effective Date 2025-07-01
2. 2025-05-01Act 43
3. 2025-05-01House Date Signed by Governor (House)
4. 2025-04-07House Sent to Governor (House)
5. 2025-03-18Senate Passed/Adopted (Senate)
6. 2025-03-18Senate Third Read (Senate)
7. 2025-03-13Senate Read Second Time (Senate)
8. 2025-03-11Senate Committee Favorably Reported (Senate)

• Sharon Cooper (R, HD-045)Primary sponsor
• Will Wade (R, HD-009)
• Matthew Gambill (R, HD-015)
• Soo Hong (R, HD-103)
• Bo Hatchett (R, SD-050)

1. PassedHouse voteMarch 3, 2025

   168 yea, 7 nay (2 not voting, 3 absent)

   Passage: House Vote #126

2. PassedSenate voteMarch 18, 2025

   50 yea, 1 nay (1 not voting, 4 absent)

   Passage: Senate Vote #237

• maternal mortality
• public health
• hospital regulation
• mental health records
• pregnancy care