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2018 Georgia Code 31-7-131 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-7-131 Case Law from Google Scholar Amendments to OCGA 31-7-131

TITLE 31 HEALTH

Section 7. Regulation and Construction of Hospitals and Other Health Care Facilities, 31-7-1 through 31-7-412.

ARTICLE 6 PEER REVIEW GROUPS

31-7-131. Definitions.

As used in this article, the term:

  1. "Peer review" means the procedure by which professional health care providers evaluate the quality and efficiency of services ordered or performed by other professional health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, claims review, underwriting assistance, and the compliance of a hospital, nursing home, convalescent home, or other health care facility operated by a professional health care provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations.
  2. "Professional health care provider" means an individual who is licensed, or an organization which is approved, to practice or operate in the health care field under the laws of Georgia, including, but not limited to, the following individuals or organizations:
    1. A physician;
    2. A dentist;
    3. A podiatrist;
    4. A chiropractor;
    5. An optometrist;
    6. A psychologist;
    7. A pharmacist;
    8. A registered or practical nurse;
    9. A physical therapist;
    10. An administrator of a hospital, a nursing or convalescent home, or other health care facility;
    11. A corporation or other organization operating a hospital, a nursing or convalescent home, or other health care facility, as well as the officers, directors, or employees of such corporation or organization or the members of such corporation's or organization's governing board who are performing a peer review function;
    12. A rehabilitation supplier registered with the State Board of Workers' Compensation; and
    13. An occupational therapist.
  3. "Review organization" means a nationally recognized health care accreditation body or any panel, committee, or organization:
    1. Which:
      1. Is primarily composed of professional health care providers;
      2. Is an insurer, self-insurer, health maintenance organization, preferred provider organization, provider network, or other organization engaged in managed care; or
      3. Provides professional liability insurance for health care providers; and
    2. Which engages in or utilizes peer reviews and gathers and reviews information relating to the care and treatment of patients for the purposes of:
      1. Evaluating and improving the quality and efficiency of health care rendered;
      2. Reducing morbidity or mortality;
      3. Evaluating claims against health care providers or engaging in underwriting decisions in connection with professional liability insurance coverage for health care providers;
      4. Compiling aggregate data concerning the procedures and outcomes of hospitals for the purposes of evaluating the quality and efficiency of health care services. Under no circumstances shall any such aggregate data or any other peer review information relating to an individual professional health care provider be disclosed or released to any person or entity without the express prior written consent of such health care provider, but such aggregate data or other peer review information may be released to another review organization upon the written request of such organization if such requesting review organization has specific reason to believe that immediate access to such aggregate data or information is necessary to protect the public health, safety, and welfare. Such aggregate data and other peer review information shall be used for peer review purposes only and in no event shall such aggregate data or any other peer review information be sold or otherwise similarly distributed, but a review organization shall be authorized to utilize the services of and pay a fee to another person or entity to compile or analyze such aggregate data;
      5. Evaluating the quality and efficiency of health care services rendered by a professional health care provider in connection with such provider's participation as or request to participate as a provider in or for an insurer, self-insurer, health maintenance organization, preferred provider organization, provider network, or other organization engaged in managed care; or
      6. Performing any of the functions or activities described in Code Section 31-7-15.

(Ga. L. 1975, p. 739, § 1; Code 1933, § 84-7602, enacted by Ga. L. 1980, p. 1282, § 1; Ga. L. 1984, p. 699, § 1; Ga. L. 1985, p. 149, § 31; Ga. L. 1987, p. 656, § 1; Ga. L. 1988, p. 13, § 31; Ga. L. 1991, p. 1016, § 1; Ga. L. 1995, p. 612, § 3; Ga. L. 2001, p. 192, § 2; Ga. L. 2012, p. 337, § 3/SB 361.)

The 2012 amendment, effective July 1, 2012, substituted "a nationally recognized health care" for "the Joint Commission on Accreditation of Healthcare Organizations. Such term also means any other national" near the beginning of the introductory language of paragraph (3).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, "; and" was substituted for ", and" at the end of division (3)(A)(iii).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 88-3201, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

Review committee must meet qualifications for article to apply to it.

- In order for the information generated or maintained by a committee exercising review functions to be subject to the provisions of confidentiality the committee must meet the qualifications set forth in this section. Hollowell v. Jove, 247 Ga. 678, 279 S.E.2d 430 (1981) (decided under former Code 1933, § 88-3201).

Hospital accreditation organization records not protected.

- Hospital accreditation records generated by a nonprofit organization are not protected from disclosure as the records of a confidential review organization under O.C.G.A. § 31-7-133 because the organization is not a "review organization" comprised primarily of "professional health care providers" as those terms are defined by O.C.G.A. § 31-7-131. Georgia Hosp. Ass'n v. Ledbetter, 260 Ga. 477, 396 S.E.2d 488 (1990).

"Peer review."

- Nothing in O.C.G.A. § 31-7-131(3)(B)(vi) implies that every part of the review in O.C.G.A. § 31-7-15 constitutes peer review. Hosp. Auth. v. Meeks, 285 Ga. 521, 678 S.E.2d 71 (2009).

Cited in Emory Univ. v. Houston, 185 Ga. App. 289, 364 S.E.2d 70 (1987); Patton v. St. Francis Hosp., 246 Ga. App. 4, 539 S.E.2d 526 (2000); Hosp. Auth. of Valdosta v. Meeks, 294 Ga. App. 629, 669 S.E.2d 667 (2008); Sewell v. Cancel, 331 Ga. App. 687, 771 S.E.2d 388 (2015).

OPINIONS OF THE ATTORNEY GENERAL

Trauma advisory committee as review organization.

- Since the Trauma Advisory Committee for Emergency Medical Services is a review organization consisting of surgeons licensed in the State of Georgia which evaluates care provided by professional health care providers as defined in paragraph (2) of O.C.G.A. § 31-7-131 for the purposes of improving the quality of care rendered and reducing morbidity and mortality due to trauma, it is a review organization within the meaning of paragraph (3) of O.C.G.A. § 31-7-131 and is covered by the immunity and confidentiality provisions of O.C.G.A. §§ 31-7-132 and31-7-133. 1988 Op. Att'y Gen. No. 88-5.

Cases Citing O.C.G.A. § 31-7-131

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Emory Clinic v. Houston, 369 S.E.2d 913 (Ga. 1988).

Cited 39 times | Published | Supreme Court of Georgia | Jul 15, 1988 | 258 Ga. 434

...ade or professional societies or associations." Ga. Laws 1980 at p. 1284. Since the Waring Committee was not established by a "local trade or professional society," it could not qualify as a peer review group. On March 21, 1984, an amendment to OCGA § 31-7-131 took effect which broadened the definition of "peer review organization" to include "any panel, committee, or organization which is primarily composed of professional health care providers..." The restrictive language requiring a "trade or professional society" was dropped from the statute....
...NOTES [1] The prohibitions relative to peer review organizations, found at OCGA § 31-7-133, are similar to those concerning medical review committees. The distinction between a peer review organization and a medical review committee is understood by comparing the definitions found at OCGA § 31-7-131 (3) and OCGA § 31-7-140. OCGA § 31-7-131 (3) provides: "`Review organization' means any panel, committee, or organization which is primarily composed of professional health care providers...." (As amended in 1984.) (In 1983, a peer review organization was defined as "any committ...
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Georgia Hosp. Ass'n v. Ledbetter, 396 S.E.2d 488 (Ga. 1990).

Cited 13 times | Published | Supreme Court of Georgia | Oct 4, 1990 | 260 Ga. 477

...Are the Records Protected from Disclosure as Records of A Confidential Review Organization? Appellants insist that the records are protected from disclosure as the records of a confidential review organization under OCGA § 31-7-133. We agree with appellees that JCAHO is not a review organization under § 31-7-131 (3) because it is not comprised primarily of "professional health care providers" as that term is defined by § 31-7-131 (2)....
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Fulton-DeKalb Hosp. Auth. v. Dawson, 509 S.E.2d 28 (Ga. 1998).

Cited 11 times | Published | Supreme Court of Georgia | Nov 23, 1998 | 270 Ga. 376, 98 Fulton County D. Rep. 3945

...r member of a review organization is immune from criminal or civil liability, provided the health care provider is acting without malice. See 1988 Ga. Op. Atty. Gen. 15. Even assuming GMCF meets the broad definition of review organization under OCGA § 31-7-131(3) [2] insofar as it performs peer review as defined by OCGA § 31-7-131(1), [3] it will not be shielded from immunity under OCGA § 31-7-132(a) for performing a function which does not amount to peer review....
...se of care or diligence on its part. However, Antonio's sleep apnea was actually diagnosed during his first visit to Grady on April 24, 1991, by a physician in the pediatric neurology clinic; and the missed appointments occurred thereafter. [2] OCGA § 31-7-131(3) defines "Review Organization" in the context of the present case, as: "any panel, committee, or organization: (A) Which: (i) Is primarily composed of professional health care providers ......
...onal health care provider in connection with participation as a provider in or for an insurer, self-insurer, health maintenance organization, preferred provider organization, provider network, or other organization engaged in managed care." [3] OCGA § 31-7-131(1) defines "Peer Review" as: "the procedure by which professional health care providers evaluate the quality and efficiency of services ordered or performed by other professional health care providers, including practice analysis, inpatie...
...ursing home, convalescent home, or other health care facility operated by a professional health care provider." [4] The Court of Appeals failed to take into consideration the very broad definitional language of the peer review immunity statute, OCGA § 31-7-131, as amended by 1995 Ga....
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Hosp. Auth. of Valdosta & Lowndes Cnty. v. Meeks, 678 S.E.2d 71 (Ga. 2009).

Cited 9 times | Published | Supreme Court of Georgia | Jun 8, 2009 | 285 Ga. 521, 2009 Fulton County D. Rep. 1909

...health services in the area. OCGA § 31-7-140. "`Peer review' means the procedure by which professional health care providers evaluate the quality and efficiency of services ordered or performed by other professional health care providers...." OCGA § 31-7-131(1). A "review organization" "engages in or utilizes peer reviews and gathers and reviews information relating to the care and treatment of patients for" certain specified purposes. OCGA § 31-7-131(3)(B)....
...ns performing or seeking to perform such services." OCGA § 31-7-15(a)(3). The fact that this language may be broad enough to encompass the credentialing process does not mean that that process constitutes a peer review function as set forth in OCGA § 31-7-131....
...Henry Medical Center, supra (the same analysis is equally applicable in holding that OCGA § 31-7-15 does not expand the civil immunity otherwise afforded to peer review groups under OCGA § 31-7-132(a) so as to include all aspects of the credentialing process). The Hospital further relies upon OCGA § 31-7-131 (3)(B)(vi), which provides that one of the permitted purposes of peer review and the gathering and review of information relating to the care and treatment of patients may be performance of the review described in OCGA § 31-7-15. *75 However, nothing in OCGA § 31-7-131(3)(B)(vi) implies that, conversely, every part of the review in OCGA § 31-7-15 constitutes peer review....