O.C.G.A.

O.C.G.A. § 31-7-285 (2019)

Confidentiality; liability

✓ 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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(a) Notwithstanding any provision of law to the contrary, it shall not be unlawful for any entity which may be requested or required to provide data to the department under this article so to provide that information or for the department or its designees to provide such information as authorized or required by this article or any other law.

(b) Information provided to the department pursuant to this article or information released by the department shall not identify a patient by name or specific address. Any person, firm, corporation, association, or other entity who violates this subsection shall be guilty of a misdemeanor.

(c) A person shall not be civilly liable as a result of the person’s acts, omissions, or decisions as an officer or employee or agent in connection with the person’s duties for the department under this article.

(d) Unless otherwise provided in this article, the data collected by and furnished to the department pursuant to this article shall not be public records under Article 4 of Chapter 18 of Title 50 or any other law governing the maintenance, inspection, or dissemination of data collected by the state. The reports prepared for release or dissemination from the data collected shall be public records under Article 4 of Chapter 18 of Title 50. The confidentiality of patients shall be protected and no provision of this article shall affect any provision of law relating to patient confidentiality.

(e) No cause of action shall arise against a person, entity, or health care provider for disclosing or reporting information in accordance with this article; provided, however, that this Code section shall not provide immunity for disclosing or furnishing false information with malice or willful intent to injure any person.

History

Code 1981, § 31-7-285, enacted by Ga. L. 1988, p. 991, § 1; Ga. L. 1991, p. 94, § 31.

ARTICLE 13 PRIVATE HOME CARE PROVIDERS Administrative rules and regulations. - Rules and regulations for private home care providers, Official Compilation of the Rules and Regulations of the

State of Georgia, Department of Community Health, Healthcare Facility Regulation, Subject 111-8-65.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. - 40A Am. Jur. 2d, Hospitals and Asylums, § 2 et seq.

Notes of Decisions

Cited in 1 case, 1993–1993 · leading case: Cobb Cnty. Kennestone Hosp. Auth. v. Martin, 430 S.E.2d 604 (Ga. Ct. App. 1993).

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Cobb Cnty. Kennestone Hosp. Auth. v. Martin, 430 S.E.2d 604 (Ga. Ct. App. 1993). · cites it 2× “, OCGA § 31-7-285. Therefore, the scope of discovery should be limited to what is pertinent to the inquiry: not the medical records of all patients, but the infection incidence data among patients and medical records directly related thereto.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.