---
title: O.C.G.A. § 45-9-4.2. Liability coverage for nonprofit agencies providing services to the developmentally disabled.
collection: code
id: 45-9-4.2
cite_as: O.C.G.A. § 45-9-4.2 (2025)
canonical_url: https://georgiacommons.org/code/45-9-4.2
md_url: https://georgiacommons.org/code/45-9-4.2.md
text_url: https://georgiacommons.org/code/45-9-4.2/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t45-(v33)-2016-pdf.pdf?sfvrsn=cde47f8a_0#page=195
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PUBLIC OFFICERS AND EMPLOYEES / INSURING AND INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES / STATE OFFICERS AND EMPLOYEES
---

# O.C.G.A. § 45-9-4.2. Liability coverage for nonprofit agencies providing services to the developmentally disabled.

(a) For the purposes of this Code section, the term ‘‘nonprofit agency’’ means a nonprofit or charitable organization, association, corporation, partnership, or other entity registered pursuant to Section 501(c)(3) of the Internal Revenue Code.

(b) Nonprofit agencies and their employees, which agencies have contracted with the Department of Behavioral Health and Developmental Disabilities to furnish certain services to the developmentally disabled or have subcontracted with similar nonprofit agencies for the same, shall be provided protection against personal liability for damages sustained by third parties arising out of the provision of authorized services to the developmentally disabled by an employee of such agency during the course of such person’s employment with such nonprofit agency. The commissioner of administrative services shall prescribe the terms and conditions under which such nonprofit agencies and their employees shall be covered by any liability insurance policy or contract of indemnity or similar program administered by the commissioner pursuant to this article to provide such protection, provided the cost of such insurance, indemnity, or similar program furnished to any such nonprofit agency and its employees shall be allocated to and paid by such agency.

## History

Code 1981, § 45-9-4.2, enacted by Ga. L. 1990, p. 1836, § 1; Ga. L. 2008, p. 245, § 3/SB 425; Ga. L. 2009, p. 453, §§ 3-2, 3-5/HB 228.

## U.s. Code.

Section 501(c)(3) of the Internal Revenue Code, referred to in subsection (a), is codified as 26 U.S.C. § 501(c)(3).