O.C.G.A.

O.C.G.A. § 24-12-13 (2019)

Immunity from liability for required or consensual disclosure of medical records

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Any person, corporation, authority, or other legal entity acting in good faith shall be immune from liability for the transmission, receipt, or use of medical matter disclosed pursuant to laws requiring disclosure or pursuant to limited consent to disclosure.

History

Code 1981, § 24-12-13, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 24-9-44 are included in the annotations for this Code section. Dentist not liable if good faith disclosure. - Dentist was not immune from liability under former O.C.G.A. § 24-9-40 (see now O.C.G.A. § 24-12-1). However, if

the dentist complied in good faith with a production request, or if the dentist had been compelled to comply by a court, the dentist was shielded from liability for the disclosure under former O.C.G.A. § 24-944. McFarlin v. Taylor, 187 Ga. App. 54, 369 S.E.2d 330, 1988 Ga. App. LEXIS 527 (1988) (decided under former O.C.G.A. § 24-9-44).

RESEARCH REFERENCES ALR. Admissibility of hospital chart or other hospital record, 120 A.L.R. 1124. Evidence: public health record as subject of privilege, 136 A.L.R. 856.

Waiver of privilege as regards one physician as a waiver as to other physicians, 5 A.L.R.3d 1244.