O.C.G.A.

O.C.G.A. § 31-8-40 (2019)

Legislative findings and purpose

✓ 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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Statute text

The General Assembly finds that Georgia's high rates of infant mortality and morbidity are costly to the state in terms of human suffering and of expenditures for long-term institutionalization, special education, and medical care. It is well documented that appropriate care during pregnancy and delivery can prevent many of the expensive, disabling problems our children experience. The State of Georgia is making progress in improving services and funding. However, the General Assembly is concerned that some women continue to be refused service for financial reasons at hospitals when they request admission after labor has begun. It is the purpose of this article to assure that:

(1) No hospital denies available, appropriate emergency services to a woman who has not made prior arrangements for the payment of the delivery and who seeks hospital care for the safe delivery of her child;

(2) Counties assume a share of the responsibility in meeting this critical need for their residents who receive such care when no other source of payment from public or private sources is available; and

(3) Women receiving such care and other persons specified in this article assume certain responsibilities with regard to payment for such care after it is rendered, but it is not the purpose of this article to establish a general health insurance program for all pregnant indigent women.

History

(Code 1981, § 31-8-40, enacted by Ga. L. 1984, p. 1389, § 1; Ga. L. 1985, p. 829, § 3.)

Annotations

Cross references. - Safe place for newborns, T. 19, C. 10A.

Law reviews. - For article, "State of Emergency: Why Georgia's Standard of Care in Emergency Rooms is Harmful to Your Health," see 45 Ga. L. Rev. 275 (2010). For annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010).

JUDICIAL DECISIONS

Cited in Gliemmo v. Cousineau, 287 Ga. 7, 694 S.E.2d 75 (2010).

Notes of Decisions
Cited in 3 cases, 1987–2010 · leading case: Gliemmo v. Cousineau, 694 S.E.2d 75 (Ga. 2010).
Gliemmo v. Cousineau, 694 S.E.2d 75 (Ga. 2010). · cites it 20× “Albany/Dougherty Hosp. Auth., supra at 627, 352 S.”
Terrell Cnty. v. Albany/Dougherty Hosp. Auth., 352 S.E.2d 378 (Ga. 1987). · cites it 10× “The Hospital Care for Pregnant Women Act (OCGA § 31-8-40 et seq.) is the target of the constitutional attack.”
Palmer v. Hosp. Auth., 22 F.3d 1559 (11th Cir. 1994). “§ 51-1-27; (3) the Georgia Hospital Care for Pregnant Women Act, O.C.G.A. § 31-8-40 et seq.; and (4) Georgia common law.”
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.