O.C.G.A. § 31-7-412 (2019)
Disposition or acquisition made in violation of requirements of article null and void; violators subject to fine; Attorney General to instigate proceedings to impose fine within one year
Personal care homes, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Healthcare Facility Regulation, Chapter 111-8-62. Rules and regulations for residential mental health facilities for children and youth, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Healthcare Facility Regulation, Chapter Rules and regulations for proxy caregivers used in licensed healthcare facilities, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Healthcare Facility Regulation, Chapter 111-8-100.
Annotations
JUDICIAL DECISIONS
Transaction held null and void. - Agreement by a county for the lease and operation of a nonprofit hospital pending the closing of a separate contract for the purchase of the assets of the hospital violated the Hospital Acquisition Act, O.C.G.A. § 31-7-400 et seq., because the agreement went into effect as of the day the agreement was signed and notice had not been provided under the Act. Turpen v. Rabun County Bd. of Comm'rs, 245 Ga. App. 190, 537 S.E.2d 435 (2000).
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CHAPTER 8 CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS
Article 1
Hospital Care for the Indigent Generally.
31-8-1. Establishment and purpose of program; administration.
31-8-2. Definitions.
31-8-3. Disbursement of state funds to counties.
31-8-4. Qualification of counties for participation in program.
31-8-5. Submission of budget by county.
31-8-6. Credit for expenditures by county.
31-8-7. Qualifications for assistance under program; waiver of residence requirements in emergencies.
31-8-8. Agreements between department and other governmental agencies or private organizations to obtain funds.
31-8-9. Use of gifts and donations.
31-8-9.1. Eligibility to receive tax credits; obligations of rural hospitals after receipt of funds; posting information on website.
31-8-10. Rules and regulations.
31-8-11. Construction of article.
Article 2
Hospital Care for Nonresident
Indigents.
31-8-30. Findings; purpose of article.
31-8-31. Definitions.
31-8-32. Determination of indigency.
31-8-33. Creation of fund.
31-8-34. Maintenance of records; certification of cost of care; determination of amount of fund.
31-8-35. Payments from fund to hospitals.
31-8-36. State appropriations to fund.
31-8-37. Compliance with this article contingent upon appropriation.
Article 2A
Hospital Care for Pregnant Women.
31-8-40. Legislative findings and purpose.
31-8-41. Definitions.
31-8-42. Requirement of hospitals with emergency services to provide care to pregnant women in labor.
31-8-43. Determination of indigency; payment of services provided under Code Section 31-8-42 for indigent patients by county; records; administration.
31-8-43.1. Extent of patient's liability for costs; required cooperation of patient with county; liability of father for costs; action by county to recover costs or challenge determination of liability.
31-8-44. Immunity of hospital or health care provider from liability.
31-8-45. Availability of cause of action for patient wrongfully denied care.
31-8-46. Investigation; penalties; rules and regulations.
Article 3
Long-term Care Ombudsman Program.
31-8-50. Declaration of policy.
31-8-51. Definitions.
31-8-52. Establishment of long-term care ombudsman program.
31-8-53. Duties of state ombudsman.
31-8-54. Duties of community ombudsmen.
31-8-55. Entry and investigative authority; cooperation of government agencies; communication with residents.
31-8-56. Resolution of complaints.
31-8-57. Reporting abuse.
31-8-58. Confidentiality.
31-8-59. Notice to residents.
31-8-60. Retaliation against resident and interference with ombudsman prohibited; provisions applicable to violations.
31-8-61. Liability for provision of information.
31-8-62. Liability arising from complaints.
31-8-63. Rules and regulations.
Article 4
Reporting Abuse or Exploitation
of Residents in Long-term
Care Facilities.
31-8-80. Short title.
31-8-81. Definitions.
31-8-82. Persons required to report abuse or exploitation; time for making report; contents of report; records; privileged communications.
31-8-83. Investigations.
31-8-84. Evaluation of results of investigation; protection of resident.
31-8-85. Immunity from liability.
31-8-86. Confidentiality.
31-8-87. Retaliation prohibited.
31-8-88. Notice of requirements of article.
Article 5
Bill of Rights for Residents of
Long-term Care
Facilities.
31-8-100. Short title.
31-8-101. Legislative intent.
31-8-102. Definitions.
31-8-103. Rights of residents generally.
31-8-104. Explanation of rights; acknowledgment of explanation; posting of rights at facilities.
31-8-105. Giving certain notices to persons who became residents before July 1, 1981.
31-8-106. Information to be provided residents upon admission; list of current rates and services; bill for charges; access to nonmedical records.
31-8-107. Refusal of admission or continued residence on the basis of history or condition of mental or physical disease or disability.
31-8-108. Required care, treatment, and services; rights in regard thereto; experimental research or treatment.
31-8-109. Use or threat of physical restraints, isolation, or restrictions on mobility.
31-8-110. Right to select pharmacy or pharmacist; charges for pharmaceutical supplies and services; information as to purpose and effects of drugs.
31-8-111. Rights as citizen.
31-8-112. Freedom from duty to perform services for facility; right to rise and retire at times of resident's choice; tobacco and alcoholic beverages; freedom to enter and leave facility.
31-8-113. Right to retain and use personal property at facility; provision of secure storage space for such property; records of stored property; investigation of complaints of theft.
31-8-114. Right to privacy.
31-8-115. Use of payments made to or on behalf of a resident; right of resident or his guardian to manage the resident's financial affairs; assistance by facility in such management.
31-8-116. Involuntary transfer of residents discharged from facility; return to facility after transfer.
31-8-117. Suspension of certain rights where exercise poses danger to self or other residents; notice of suspension; duration.
31-8-118. Freedom from interference in exercise of rights and pursuit of interests; accommodation of conflicting rights; voicing of complaints and recommendation of changes.
31-8-119. Obtaining contributions by coercion; use of contributions designated for a restricted purpose; receipts and records of contributions.
31-8-120. Visitors; right of access.
31-8-121. Formation of residents' council; space for meetings; assistance in attending meetings; compelling of attendance or participation.
31-8-122. Compliance with this article by facilities; establishment by facilities of written policies and procedures; familiarization of facility staff with this article.
31-8-123. Use of state or community ombudsman to resolve residents' complaints.
31-8-124. Grievances.
31-8-125. Administrative hearings.
31-8-126. Cause of action against facility for violation of rights under this article; civil penalties; applicability of Code Section 31-5-8.
31-8-127. Rules and regulations.
Article 5A
Remedies for Residents of Personal Care Homes.
31-8-130. Short title.
31-8-131. Legislative findings and intent.
31-8-132. Definitions.
31-8-133. Residents' rights.
31-8-134. Grievance procedure.
31-8-135. Hearing; transfer of resident.
31-8-136. Action for damages.
31-8-137. Temporary restraining order; injunctions.
31-8-138. Failure to validly license as defense.
31-8-139. Mandamus.
Article 6
Indigent Care Trust Fund.
31-8-150. Constitutional authority for passage of article.
31-8-151. Definitions.
31-8-152. Creation of Indigent Care Trust Fund.
31-8-152.1. State sales and use taxation of certain health care services [Repealed].
31-8-153. Contributions to trust fund.
31-8-153.1. Irrevocable transfer of funds to trust fund; provision for indigent patients.
31-8-153.2. Revenues raised from specified sources.
31-8-153.3. No lapse of contributions to the general fund.
31-8-154. Authorized expenditure of contributed funds.
31-8-155. Promulgation of rules for funding expansions of eligibility and indigent care programs.
31-8-156. Appropriation of state funds by General Assembly.
31-8-157. Refunding contributed funds; penalties not refunded.
31-8-158. Refunding funds not appropriated or determined void or ineligible.
31-8-159. Reporting requirements.
31-8-160. Applicability of Article 7 of Chapter 4 of Title 49.
Article 6A
Nursing Home Provider Fee.
31-8-161. Legislative authority.
31-8-162. Definitions.
31-8-163. Segregated account of revenues raised through provider fees.
31-8-164. Provider fee based on patient day; quarterly payment required.
31-8-165. Use of segregated account funds; form for reporting provider fee; maintenance of records; inaccurate payments; penalty for failing to pay.
31-8-166. General Assembly appropriations of segregated funds; match to federal funds; no lapsing at end of fiscal year.
31-8-167. Annual report by department to General Assembly.
31-8-168. Request for waiver from United States Department of Health and Human Services.
31-8-169. Application of the Medical Assistance Act of 1977.
Article 6B
Quality Assessment Fees on Care Management Organizations.
31-8-170. Legislative authority.
31-8-171. Definitions.
31-8-172. Segregated account for the deposit of fees.
31-8-173. Assessment, calculation, and payment of fees.
31-8-174. Collection and disposition of fees; authority of department to inspect records of care management organizations; overpayment or underpayment; penalty for failure to pay fee.
31-8-175. Appropriation of revenues to the department.
31-8-176. Annual report by the department.
31-8-177. Applicability of the Georgia Medical Assistance Act of 1977.
Article 6C
Hospital Medicaid Financing Program.
31-8-179. (Repealed effective June 30, 2025) Short title.
31-8-179.1. (Repealed effective June 30, 2025) Definitions.
31-8-179.2. (Repealed effective June 30, 2025) Department of Community Health authorized to assess one or more provider payments on hospitals for the purpose of obtaining federal financial participation for Medicaid.
31-8-179.3. (Repealed effective June 30, 2025) Provider payments assessed to be deposited in segregated accounts within Indigent Care Trust Fund; sole purpose of funds to obtain federal financial participation for medical assistance payments for Medicaid recipients; retention and inspection of records; penalties.
31-8-179.4. (Repealed effective June 30, 2025) Authorized use of appropriated funds.
31-8-179.5. (Repealed effective June 30, 2025) Applicability of Georgia Medical Assistance Act.
31-8-179.6. (Repealed effective June 30, 2025) Automatic repeal.
Article 7
Disclosure of Treatment of Alzheimer's Disease or Alzheimer's Related Dementia.
31-8-180. Definitions.
31-8-181. Individuals and hospitals excluded from application of article.
31-8-182. Disclosure of care, treatment, or therapeutic activities required; disclosure form.
31-8-183. Areas covered by disclosure requirements.
31-8-184. Failure to provide disclosure; review and verification of disclosure form.
Article 8
"Health Share" Volunteers in Medicine.
31-8-190. Short title.
31-8-191. Legislative findings and intent.
31-8-192. Definitions.
31-8-193. Establishment of program; contracts with health care providers.
31-8-194. Notice to patients required.
31-8-195. Volunteers to provide services.
31-8-195.1. Sovereign immunity protection for health care professionals in safety net clinics.
31-8-196. Exemption from employment regulations.
31-8-197. Annual report of claims statistics.
31-8-198. Annual report by the department summarizing the efficiency of access and treatment outcomes.
31-8-199. Department's responsibilities regarding liability insurance.
31-8-200. Adoption of rules and regulations.
31-8-201. Applicability; preservation of the state's rights under the Tort Claims Act.
Article 9
Federal and State Funded Health Care Financing Programs Overview Committee.
31-8-210. Committee established; composition; officers; terms of office; duties and responsibilities; assistance from other state officers and agencies; compensation, per diem, and expense allowances; funding [Repealed].
Article 10
Drug Repository Program.
31-8-300. Definitions.
31-8-301. Drug repository program established; criteria and requirements for unused over-the-counter and prescription drugs.
31-8-302. Procedures for donation and dispensing of unused over-the-counter and prescription drugs.
31-8-303. Limited liability.
31-8-304. Rules and regulations; waiver.
Cross references. - Unfair or deceptive practices toward the elderly, § 10-1-850 et seq.
Rights of persons residing in long-term care facilities generally, § 31-8-100 et seq.
Determination of responsibility of patients, counties, departments, and others to pay costs of treatment for mental illness, mental retardation, alcoholism, §§ 37-3-121, 37-4-81, 37-7-121 and T. 37, C. 9.
Medical assistance generally, § 49-4-140 et seq.
Liability of voluntary health care providers and sponsoring organizations, cumulative immunity, application, § 51-1-29.4.
Editor's notes. - By resolution (Ga. L. 1986, p. 526), the General Assembly requested the Governor to create the Task Force on Funding of Indigent Health Care Programs to review laws and programs regarding indigent health care.
RESEARCH REFERENCES
False Imprisonment in Connection with Confinement in Nursing Home or Hospital, 40 POF2d 81.
Discrimination in Provision of Medical Services on Basis of Disability, 49 POF3d 1.
Medical and Legal Aspects of Chemical and Physical Restraint in the Nursing Home, 75 Am. Jur. Trials 1.
ALR. - Licensing and regulation of nursing or rest homes, 53 A.L.R.4th 689.
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ARTICLE 1 HOSPITAL CARE FOR THE INDIGENT GENERALLY
Cross references. - Powers and duties of counties relating to support of paupers, T. 36, C. 12.
Administrative Rules and Regulations. - Hospital care for the indigent, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Services, Public Health, Chapter 290-5-5.