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O.C.G.A. § 31-11-81 — Definitions | Georgia Code
O.C.G.A. § 31-11-81 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 31 HEALTH

Section 11. Emergency Medical Services, 31-11-1 through 31-11-139.

ARTICLE 4 EMERGENCY SERVICES

31-11-81. Definitions.

As used in this article, the term:

  1. "Emergency condition" means any medical condition of a recent onset and severity, including but not limited to severe pain that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in:
    1. Placing the patient's health in serious jeopardy;
    2. Serious impairment to bodily functions; or
    3. Serious dysfunction of any bodily organ or part.
  2. "Emergency medical provider" means any provider of emergency medical transportation licensed or permitted by the Department of Public Health, any hospital licensed or permitted by the Department of Community Health, any hospital based service, or any physician licensed by the Georgia Composite Medical Board who provides emergency services.
  3. "Emergency services" means emergency medical transportation or health care services provided in a hospital emergency facility to evaluate and treat any emergency condition.
  4. "Prospective authorization" means contacting for approval or authorization to evaluate and treat a patient any insurer, health maintenance organization, hospital medical service corporation, or health benefit plan, a representative of which is not physically present in the hospital's emergency department at the time such patient presents for emergency services.

(Code 1981, §31-11-81, enacted by Ga. L. 1996, p. 668, § 1; Ga. L. 2006, p. 652, § 1/HB 1257; Ga. L. 2008, p. 12, § 2-28/SB 433; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2009, p. 859, § 2/HB 509; Ga. L. 2011, p. 705, § 5-17/HB 214.)

The 2011 amendment, effective July 1, 2011, substituted "Department of Public Health" for "Department of Community Health" in paragraph (2).

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

OPINIONS OF THE ATTORNEY GENERAL

Definition of "emergency condition" in paragraph (1) of O.C.G.A. § 31-11-81 governs and controls over any contrary definition in an insurance policy issued in Georgia. 1997 Op. Att'y Gen. No. U97-4.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.