House Bill 89 (AS PASSED HOUSE AND SENATE)
By: Representatives Cooper of the 45th, Wade of the 9th, Gambill of the 15th, and Hong of the
103rd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the
department of public health, so as to require healthcare providers, healthcare facilities, and
pharmacies to provide the Maternal Mortality Review Committee with psychiatric records;
to provide for the establishment of the Regional Perinatal Center Advisory Committee; to
provide for its composition and duties; to provide for assessment and recommendations to
the commissioner of public health; to require that hospitals interested in being a designated
regional perinatal center provide the department of public health with certain criteria; to
provide that such department present a plan every four years; to provide for definitions; to
amend Code Section 37-3-166 of the Official Code of Georgia Annotated, relating to
treatment of clinical records, when release permitted, scope of privileged communications,
liability for disclosure, and notice to sheriff of discharge, so as to permit the release of
clinical records of a deceased patient or deceased former patient to the Maternal Mortality
Review Committee; to amend Code Section 45-16-24 of the Official Code of Georgia
Annotated, relating to notification of suspicious or unusual deaths, court ordered medical
examiner's inquiry, and written report of inquiry, so as to remove the requirement that a
medical examiner's inquiry for pregnant female deaths be done through a regional perinatal
center; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the department
of public health, is amended by revising subsection (d) of Code Section 31-2A-16, relating
to Maternal Mortality Review Committee established, as follows:
"(d)(1) Health care providers licensed pursuant to Title 43, health care facilities licensed
pursuant to Chapter 7 of Title 31, and pharmacies licensed pursuant to Chapter 4 of Title
26 shall provide reasonable access to the committee to all relevant medical records
associated with a case under review by the committee within 30 days of receiving a
request for such records, <ins>unless prohibited by state or federal law.
</ins> (2) A health care provider, health care facility, or pharmacy providing access to medical
<ins>and psychiatric</ins> records pursuant to this Code section shall not be held liable for civil
damages or be subject to any criminal or disciplinary action for good faith efforts in
providing such records."
SECTION 2.
Said chapter is further amended by adding a new article to read as follows:
<ins>"ARTICLE 4
31-2A-70.
As used in this article, the term:
(1) 'Advisory committee' or 'committee' means the Regional Perinatal Center Advisory
Committee established pursuant to Code Section 31-2A-71.
(2) 'Regional perinatal center' means a specially qualified hospital identified by the
department and designated to a specific geographic region to lead collaboration between
</ins>
<ins>hospitals and providers to increase the likelihood that deliveries are performed in a
hospital with an appropriate level of care for mothers and infants.
31-2A-71.
(a) There is established the Regional Perinatal Center Advisory Committee for the purpose
of considering and making recommendations to the commissioner concerning the addition,
reduction, or transition of regional perinatal centers in this state. The committee shall
advise the commissioner on the estimated costs to the department necessary to implement
such recommendations.
(b) The Regional Perinatal Center Advisory Committee shall be composed of not less
than 11 nor more than 21 members to be appointed by the commissioner, who shall appoint
one of such members to serve as chairperson. All appointments to the committee shall be
for a term of four years. A member shall serve until his or her successor has been duly
appointed. The commissioner may reappoint any member.
(c) The advisory committee shall meet upon the call of the chairperson appointed pursuant
to subsection (b) of this Code section.
(d) Beginning on July 1, 2026, and every four years thereafter, the department, in
conjunction with the advisory committee, shall assess and make recommendations to the
commissioner on the adequacy of the regional perinatal system and consider hospital or
labor and delivery closures. Such assessment shall evaluate whether:
(1) Perinatal facilities in each region are equipped and prepared to stabilize infants and
mothers before transport;
(2) Coordination exists between maternity care in each region and regional perinatal
centers;
(3) All identified high-risk pregnancies and deliveries are promptly evaluated in
consultation with regional perinatal centers and referred to the appropriate designated
</ins>
<ins>regional perinatal center for the proper management and treatment of such conditions as
needed;
(4) An adequate transport system is available in the region for the transfer of high-risk
mothers and infants and specifically considers:
(A) The distance and travel time between referring hospitals and regional perinatal
centers;
(B) The types of vehicles used for transport and whether a need exists for additional
vehicles; and
(C) The need for upgraded vehicles and transport equipment; and
(5) Each regional perinatal center provides:
(A) Consultation for patients requiring special services, including transport;
(B) Coordination and assurance of follow-up medical care for maternal and neonatal
patients requiring special services;
(C) Educational support to ensure quality care in institutions involved in perinatal
healthcare in the region;
(D) An annual education plan with all birthing centers in the region;
(E) Compilation and analysis of perinatal data from the center and referring hospitals;
and
(F) Coordination of perinatal health services within the region.
(e) When changes to the regional perinatal centers are approved by the department after
recommendation by the advisory committee, the department shall submit a budget request
to the Office of Planning and Budget prior to the General Assembly's next legislative
session seeking appropriations to implement such changes.
31-2A-72.
A hospital interested in being designated as a regional perinatal center shall notify the
department of the following:
</ins>
<ins>(1) Such hospital's ability to meet the standards for regional perinatal centers;
(2) Any additional funding necessary to bring such hospital up to standard;
(3) Any special planning problems in such hospital's perinatal region, including, but not
limited to, transportation, shortage of facilities, and personnel;
(4) A description of perinatal care currently being provided;
(5) A description of services that can be provided by the center in patient care, education,
and consultation to hospitals within the perinatal region; and
(6) Any other information requested by the department.
31-2A-73.
Beginning on July 1, 2026, and every four years thereafter, the department shall present a
plan to the Governor, the Speaker of the House of Representatives, and the President of the
Senate for the designated perinatal centers in every region of the state. Such plan shall
include funding considerations to aid hospitals in meeting the standards and for continuing
requirements, including, but not limited to, patient care, professional education, training
programs, and physical facilities.
31-2A-74.
The department shall be authorized to promulgate rules and regulations to carry out the
purposes of this article."
</ins> SECTION 3.
Code Section 37-3-166 of the Official Code of Georgia Annotated, relating to treatment of
clinical records, when release permitted, scope of privileged communications, liability for
disclosure, and notice to sheriff of discharge, is amended by revising subsection (a) as
follows:
"(a) A clinical record for each patient shall be maintained. Authorized release of the
record shall include but not be limited to examination of the original record, copies of all
or any portion of the record, or disclosure of information from the record, except for
matters privileged under the laws of this state. Such examination shall be conducted on
hospital premises at reasonable times determined by the facility. The clinical record shall
not be a public record and no part of it shall be released except:
(1) When the chief medical officer of the facility where the record is kept deems it
essential for continued treatment, a copy of the record or parts thereof may be released
to physicians or psychologists when and as necessary for the treatment of the patient;
(2) A copy of the record may be released to any person or entity designated in writing
by the patient or, if appropriate, the parent of a minor, the legal guardian of an adult or
minor, or a person to whom legal custody of a minor patient has been given by order of
a court;
(2.1) A copy of the record of a deceased patient or deceased former patient may be
released to or in response to a valid subpoena of a coroner or medical examiner under
Chapter 16 of Title 45, except for matters privileged under the laws of this state;
(3) When a patient is admitted to a facility, a copy of the record or information contained
in the record from another facility, community mental health center, or private
practitioner may be released to the admitting facility. When the service plan of a patient
involves transfer of that patient to another facility, community mental health center, or
private practitioner, a copy of the record or information contained in the record may be
released to that facility, community mental health center, or private practitioner;
(4) A copy of the record or any part thereof may be disclosed to any employee or staff
member of the facility when it is necessary for the proper treatment of the patient;
(5) A copy of the record shall be released to the patient's attorney if the attorney so
requests and the patient, or the patient's legal guardian, consents to the release;
(6) In a bona fide medical emergency, as determined by a physician treating the patient,
the chief medical officer may release a copy of the record to the treating physician or to
the patient's psychologist;
(7) At the request of the patient, the patient's legal guardian, or the patient's attorney, the
record shall be produced by the entity having custody thereof at any hearing held under
this chapter;
(8) A copy of the record shall be produced in response to a valid subpoena or order of
any court of competent jurisdiction, except for matters privileged under the laws of this
state;
(8.1) A copy of the record may be released to the legal representative of a deceased
patient's estate, except for matters privileged under the laws of this state;
(9) Notwithstanding any other provision of law to the contrary, a law enforcement officer
in the course of a criminal investigation may be informed as to whether a person is or has
been a patient in a state facility, as well as the patient's current address, if known; <del>and
</del> (10) Notwithstanding any other provision of law to the contrary, a law enforcement
officer in the course of investigating the commission of a crime on the premises of a
facility covered by this chapter or against facility personnel or a threat to commit such
a crime may be informed as to the circumstances of the incident, including whether the
individual allegedly committing or threatening to commit a crime is or has been a patient
in the facility, and the name, address, and last known whereabouts of any alleged patient
perpetrator; <ins>and
(11) A copy of the record of a deceased patient or deceased former patient may be
released to the Maternal Mortality Review Committee established under Chapter 2A of
Title 31, except for matters privileged under the laws of this state."
</ins>
SECTION 4.
Code Section 45-16-24 of the Official Code of Georgia Annotated, relating to notification
of suspicious or unusual deaths, court ordered medical examiner's inquiry, and written report
of inquiry, is amended by revising subsection (b) as follows:
"(b) A coroner or county medical examiner who is notified of a death pursuant to
subsection (a) of this Code section under circumstances specified in paragraphs (1)
through <ins>(9)(10)</ins> of such subsection shall order a medical examiner's inquiry of that death.
<del>A coroner or medical examiner who is notified of a death pursuant to subsection (a) of this
Code section under circumstances specified in paragraph (10) of such subsection and which
death was not under circumstances specified in paragraphs (1) through (9) of such
subsection shall order a medical examiner's inquiry for such death through a regional
perinatal center, as identified by the Department of Public Health.</del> This subsection shall
not be construed to prohibit a medical examiner's inquiry of a death if a coroner or county
medical examiner is notified of a death under circumstances specified in paragraph (11) of
subsection (a) of this Code section."
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.