O.C.G.A.

O.C.G.A. § 31-11-81 (2019)

Definitions

✓ 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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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:

(A) Placing the patient’s health in serious jeopardy;

(B) Serious impairment to bodily functions; or

(C) 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.

History

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.

Annotations

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.