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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 31. HEALTH |
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Chapter 8. CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS |
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Article 2A. HOSPITAL CARE FOR PREGNANT WOMEN |
| § 31-8-40. Legislative findings and purpose |
| § 31-8-41. Definitions |
| § 31-8-42. Requirement of hospitals with emergency services to provide care to pregnant women in labor |
| § 31-8-43. Determination of indigency; payment of services provided under Code Section 31-8-42 for indigent patients by county; records; administration |
| § 31-8-44. Immunity of hospital or health care provider from liability |
| § 31-8-45. Availability of cause of action for patient wrongfully denied care |
| § 31-8-46. Investigation; penalties; rules and regulations |
REFS & ANNOS
TITLE 31 Chapter 8 Article 2A NOTE
CROSS REFERENCES. --Newborn Baby and Mother Protection Act, § 33-24-58.
ADMINISTRATIVE RULES AND REGULATIONS. --Emergency medical services to pregnant women, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources (now the Department of Community Health for these purposes), Family and Children Services, Chapter 290-2-26.
LAW REVIEWS. --For article, "State of Emergency: Why Georgia's Standard of Care in Emergency Rooms is Harmful to Your Health," see 45 Ga. L. Rev. 275 (2010).
JUDICIAL DECISIONS
CONSTITUTIONALITY OF ARTICLE. --An attack on O.C.G.A. Art. 2A, Ch. 8, T. 31, as special legislation fails since the statute operates statewide and is applicable to all hospitals authorized to operate as provided in the statute. Terrell County v. Albany/Dougherty Hosp. Auth., 256 Ga. 627, 352 S.E.2d 378 (1987).
When a county argued that O.C.G.A. Art. 2A, Ch. 8, T. 31 was violative of Ga. Const. 1983, Art. IX, Sec. II, Para. III (b)(1), which prohibits a county from exercising certain enumerated powers inside the boundaries of any municipality or other county except by contract with the entity affected, since the county had no contract with the political subdivision within which a hospital seeking reimbursement under O.C.G.A. § 31-8-43(c) was located, it could not constitutionally pay the claims of the hospital, it was held that the words "unless otherwise provided by law," prefacing the constitutional prohibition apply to a general law such as O.C.G.A. § 31-8-43. Terrell County v. Albany/Dougherty Hosp. Auth., 256 Ga. 627, 352 S.E.2d 378 (1987).
ADMINISTRATIVE RULES AND REGULATIONS. --Emergency medical services to pregnant women, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources (now the Department of Community Health for these purposes), Family and Children Services, Chapter 290-2-26.
LAW REVIEWS. --For article, "State of Emergency: Why Georgia's Standard of Care in Emergency Rooms is Harmful to Your Health," see 45 Ga. L. Rev. 275 (2010).
JUDICIAL DECISIONS
CONSTITUTIONALITY OF ARTICLE. --An attack on O.C.G.A. Art. 2A, Ch. 8, T. 31, as special legislation fails since the statute operates statewide and is applicable to all hospitals authorized to operate as provided in the statute. Terrell County v. Albany/Dougherty Hosp. Auth., 256 Ga. 627, 352 S.E.2d 378 (1987).
When a county argued that O.C.G.A. Art. 2A, Ch. 8, T. 31 was violative of Ga. Const. 1983, Art. IX, Sec. II, Para. III (b)(1), which prohibits a county from exercising certain enumerated powers inside the boundaries of any municipality or other county except by contract with the entity affected, since the county had no contract with the political subdivision within which a hospital seeking reimbursement under O.C.G.A. § 31-8-43(c) was located, it could not constitutionally pay the claims of the hospital, it was held that the words "unless otherwise provided by law," prefacing the constitutional prohibition apply to a general law such as O.C.G.A. § 31-8-43. Terrell County v. Albany/Dougherty Hosp. Auth., 256 Ga. 627, 352 S.E.2d 378 (1987).