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Official Code of Georgia Annotated

Title 31. HEALTH · Chapter 36B. GEORGIA CAREGIVERS

31-36B-5. Construction of chapter.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

  1. (a)

    Nothing in this chapter shall be construed to interfere with the rights of a patient or other person legally authorized to make healthcare decisions under Chapter 32 of this title, the “Georgia Advance Directive for Health Care Act,” or under Code Section 31-9-2, or to grant healthcare decision-making authority to a lay caregiver.#

  2. (b)

    Nothing in this chapter shall delay the appropriate discharge or transfer of a patient.#

  3. (c)

    Nothing in this chapter shall be construed to interfere with or supersede a healthcare provider’s instructions regarding a Medicare certified home health agency or any other post-acute care provider.#

  4. (d)

    Nothing in this chapter shall be construed to create a private right of action against a hospital, hospital employee, or duly authorized agent of the hospital, or otherwise supersede or replace existing rights or remedies under any other general or special law.#

  5. (e)

    Nothing in this chapter shall be construed to conflict with or replace the federal Centers for Medicare and Medicaid Services Conditions of Participation.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 31-36B-5, enacted by Ga. L. 2022, p. 584, § 1/HB 1304; Ga. L. 2025, p. 1029, § 31(68)/SB 153, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, substituted “federal Centers for Medicare” for “Center for Medicare” in subsection (e).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t31-(v23)-2025-pdf.pdf, Volume V23, 2025 edition, pages 993 to 994; merge action: bound only; file SHA-256 ba5a57f85d04.