Georgia Commons

Title 31. HEALTH

Chapter 8. CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS

155 sections · 31-8-1 to 31-8-307

Article 1. HOSPITAL CARE FOR THE INDIGENT GENERALLY

  1. 31-8-1Establishment and purpose of program; administration.
  2. 31-8-2Definitions.
  3. 31-8-3Disbursement of state funds to counties.
  4. 31-8-4Qualification of counties for participation in program.
  5. 31-8-5Submission of budget by county.
  6. 31-8-6Credit for expenditures by county.
  7. 31-8-7Qualifications for assistance under program; waiver of residence requirements in emergencies.
  8. 31-8-8Agreements between department and other agencies and organizations to obtain funds.
  9. 31-8-9Use of gifts and donations.
  10. 31-8-9.1Tax credit for contributions to certain rural hospital organizations; hospital eligibility and requirements.
  11. 31-8-10Rules and regulations.
  12. 31-8-11Construction of article.

Article 2. HOSPITAL CARE FOR NONRESIDENT INDIGENTS

  1. 31-8-30Legislative findings.
  2. 31-8-31Definitions.
  3. 31-8-32Determination of indigency.
  4. 31-8-33Creation of fund.
  5. 31-8-34Maintenance of records; certification of cost of care; determination of amount of fund.
  6. 31-8-35Payments from fund to hospitals.
  7. 31-8-36State appropriations to fund.
  8. 31-8-37Compliance with this article contingent upon appropriation.

Article 2A. HOSPITAL CARE FOR PREGNANT WOMEN

  1. 31-8-40Legislative findings.
  2. 31-8-41Definitions.
  3. 31-8-42Requirement of hospitals with emergency services to provide care to pregnant women in labor.
  4. 31-8-43Determination of indigency; county responsibilities.
  5. 31-8-43.1Patient’s liability for costs; required cooperation; actions to recover costs.
  6. 31-8-44Immunity from liability.
  7. 31-8-45Cause of action for patient wrongfully denied care.
  8. 31-8-46Investigation; penalty; rules and regulations.

Article 3. LONG-TERM CARE OMBUDSMAN PROGRAM

  1. 31-8-50Legislative findings.
  2. 31-8-51Definitions.
  3. 31-8-52Establishment of long-term care ombudsman program.
  4. 31-8-53Duties of state ombudsman.
  5. 31-8-54Duties of community ombudsmen.
  6. 31-8-55Investigations; cooperation of government agencies; communication with residents.
  7. 31-8-56Resolution of complaints.
  8. 31-8-57Reporting abuse.
  9. 31-8-58Confidentiality.
  10. 31-8-59Notice to residents.
  11. 31-8-60Retaliation against resident and interference with ombudsman prohibited; violations.
  12. 31-8-61Liability for provision of information.
  13. 31-8-62Liability arising from complaints.
  14. 31-8-63Rules and regulations.

Article 4. REPORTING ABUSE OR EXPLOITATION OF RESIDENTS IN LONG-TERM CARE FACILITIES

  1. 31-8-80Short title.
  2. 31-8-81Definitions.2 versions
  3. 31-8-82Mandatory reporters; timing and contents of reports; records; privileged communications.
  4. 31-8-83Investigations.
  5. 31-8-84Evaluation of results of investigation; protection of resident.
  6. 31-8-85Immunity from liability.
  7. 31-8-86Confidentiality.
  8. 31-8-87Retaliation prohibited.
  9. 31-8-88Notice of requirements of article.

Article 5. BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES

  1. 31-8-100Short title.
  2. 31-8-101Legislative findings.
  3. 31-8-102Definitions.
  4. 31-8-103Rights of residents generally.
  5. 31-8-104Explanation of rights; acknowledgment of explanation; posting of rights at facilities.
  6. 31-8-105Giving certain notices to persons who became residents before July 1, 1981.
  7. 31-8-106Required notices and disclosures to residents; changes in rates or services; billing; access to nonmedical records.
  8. 31-8-107Discrimination on the basis of history or condition of mental or physical disease or disability prohibited.
  9. 31-8-108Required care, treatment, and services; rights of residents; experimental research or treatment.
  10. 31-8-109Use or threat of physical restraints, isolation, or restrictions on mobility.
  11. 31-8-110Right to select pharmacy or pharmacist; charges for pharmaceutical supplies and services; information as to purpose and effects of drugs.
  12. 31-8-111Rights as citizen.
  13. 31-8-112Freedom of residents.
  14. 31-8-113Rights regarding personal property.
  15. 31-8-114Right to privacy.
  16. 31-8-115Use of payments; right to manage financial affairs.
  17. 31-8-116Involuntary transfer of residents discharged from facility; return to facility after transfer.
  18. 31-8-117Suspension of certain rights where exercise poses danger to self or other residents; notice of suspension; duration.
  19. 31-8-118Freedom to exercise rights, pursue interests, voice complaints, and recommend changes; accommodations.
  20. 31-8-119Obtaining contributions by coercion; use of contributions designated for a restricted purpose; receipts and records of contributions.
  21. 31-8-120Visitors; right of access.
  22. 31-8-121Right to form residents’ council; compulsory participation prohibited.
  23. 31-8-122Policies and procedures; compliance and training requirements.
  24. 31-8-123Use of state or community ombudsman to resolve residents’ complaints.
  25. 31-8-124Grievances.
  26. 31-8-125Administrative hearings.
  27. 31-8-126Violation of rights; cause of action; civil and criminal penalty.
  28. 31-8-127Rules and regulations.

Article 5A. REMEDIES FOR RESIDENTS OF PERSONAL CARE HOMES

  1. 31-8-130Short title.
  2. 31-8-131Legislative findings.
  3. 31-8-132Definitions.
  4. 31-8-133Residents’ rights.
  5. 31-8-134Grievances.
  6. 31-8-135Hearing; transfer of resident.
  7. 31-8-136Violation of rights; cause of action; damages; criminal penalty.
  8. 31-8-137Temporary restraining order; injunctions.
  9. 31-8-138Failure to validly license as defense.
  10. 31-8-139Mandamus.

Article 6. INDIGENT CARE TRUST FUND

  1. 31-8-150Constitutional authority.
  2. 31-8-151Definitions.
  3. 31-8-152Creation of Indigent Care Trust Fund.
  4. 31-8-152.1State sales and use taxation of certain health care services.Repealed
  5. 31-8-153Contributions to trust fund.
  6. 31-8-153.1Irrevocable transfer of funds to trust fund; provision for indigent patients.
  7. 31-8-153.2Revenues raised from specified sources.
  8. 31-8-153.3No lapse of contributions to the general fund.
  9. 31-8-154Authorized expenditure of contributed funds.
  10. 31-8-155Contributions; transfers and disbursements of funds.
  11. 31-8-156Appropriation of state funds.
  12. 31-8-157Refunding contributed funds; penalties not refunded.
  13. 31-8-158Refunding funds not appropriated or determined void or ineligible.
  14. 31-8-159Annual report.
  15. 31-8-160Applicability of Article 7 of Chapter 4 of Title 49.

Article 6A. NURSING HOME PROVIDER FEE

  1. 31-8-161Constitutional authority.
  2. 31-8-162Definitions.
  3. 31-8-163Segregated account for the deposit of fee.
  4. 31-8-164Assessment and payment of fee.
  5. 31-8-165Collection, deposit, and use of fees; reporting; records; inaccurate payments; penalty.
  6. 31-8-166Appropriation of revenues to the department; use of funds; nonlapsing.
  7. 31-8-167Annual report.
  8. 31-8-168Request for waiver from United States Department of Health and Human Services.
  9. 31-8-169Application of the Medical Assistance Act of 1977.

Article 6B. QUALITY ASSESSMENT FEES ON CARE MANAGEMENT ORGANIZATIONS

  1. 31-8-170Constitutional authority.
  2. 31-8-171Definitions.
  3. 31-8-172Segregated account for the deposit of fees.
  4. 31-8-173Assessment, calculation, and payment of fees.
  5. 31-8-174Collection, deposit, and use of fees; reporting; records; inaccurate payments; penalty.
  6. 31-8-175Appropriation of revenues to the department.
  7. 31-8-176Annual report.
  8. 31-8-177Applicability of the Georgia Medical Assistance Act of 1977.

Article 6C. HOSPITAL MEDICAID FINANCING PROGRAM

  1. 31-8-179Constitutional authority; short title.
  2. 31-8-179.1Definitions.
  3. 31-8-179.2Authority to impose provider payments.
  4. 31-8-179.3Segregated account for provider payments; use of funds; records; penalty for nonpayment.
  5. 31-8-179.4Appropriation of revenues to department; use of funds; nonlapsing.
  6. 31-8-179.5Applicability of Georgia Medical Assistance Act.
  7. 31-8-179.6Automatic repeal.

Article 7. DISCLOSURE OF TREATMENT OF ALZHEIMER’S DISEASE OR ALZHEIMER’S RELATED DEMENTIA

  1. 31-8-180Definitions.
  2. 31-8-181Individuals and hospitals excluded from application of article.
  3. 31-8-182Disclosure of care, treatment, or therapeutic activities required; disclosure form.
  4. 31-8-183Areas covered by disclosure requirements.
  5. 31-8-184Failure to provide disclosure; review and verification of disclosure form.

Article 8. “HEALTH SHARE” VOLUNTEERS IN MEDICINE

  1. 31-8-190Short title.
  2. 31-8-191Legislative findings.
  3. 31-8-192Definitions.
  4. 31-8-193Establishment of program; contracts with health care providers.
  5. 31-8-194Notice to patients required.
  6. 31-8-195Volunteers to provide services.
  7. 31-8-195.1Sovereign immunity protection for health care professionals in safety net clinics.
  8. 31-8-196Exemption from employment regulations.
  9. 31-8-197Annual report of claims statistics.
  10. 31-8-198Annual report by the department summarizing the efficiency of access and treatment outcomes.
  11. 31-8-199Department’s responsibilities regarding liability insurance.
  12. 31-8-200Rules and regulations.
  13. 31-8-201Applicability; preservation of the state’s rights under the Tort Claims Act.

Article 9. FEDERAL AND STATE FUNDED HEALTH CARE FINANCING PROGRAMS OVERVIEW COMMITTEE

  1. 31-8-210Committee established; composition; officers; terms of office; duties and responsibilities; assistance from other state officers and agencies; compensation, per diem, and expense allowances; funding.Reserved

Article 10. DRUG REPOSITORY PROGRAM

  1. 31-8-300Definitions.
  2. 31-8-301Drug repository program established; criteria and requirements for unused over-the-counter and prescription drugs.
  3. 31-8-302Procedures for donation and dispensing of unused over-the-counter and prescription drugs.
  4. 31-8-303Limited liability.
  5. 31-8-304Rules and regulations; waiver.
  6. 31-8-305Substitutions of drugs or biological products; limitations; recording.
  7. 31-8-306Settlements for prescription drugs that are not controlled substances; distributions.
  8. 31-8-307Referrals to the drug repository program.