Official Code of Georgia Annotated

Title 33. INSURANCE · Chapter 20A. MANAGED HEALTH CARE PLANS · Article 2. PATIENT’S RIGHT TO INDEPENDENT REVIEW

33-20A-38. Organizational and employee liability.

Active

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

Neither an independent review organization nor its employees, agents, or contractors shall be liable for damages arising from determinations made pursuant to this article, unless an act or omission thereof is made in bad faith or through gross negligence, constitutes fraud or willful misconduct, or demonstrates malice, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to the consequences.

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.

Code 1981, § 33-20A-38, enacted by Ga. L. 1999, p. 350, § 3; Ga. L. 2005, p. 1438, § 2/SB 140.

Pursuant to Code Section 28-9-5, in 1999, ‘‘an’’ was inserted near the beginning of this Code section.

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

Text read from t33-ch1-22-(v24)-2020-pdf.pdf, Volume V24, 2020 edition, page 832; merge action: carried; file SHA-256 4ecec175d949.