O.C.G.A.

O.C.G.A. § 49-4-146 (2019)

Time for action on claim

✓ 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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The Department of Community Health, within three months of receiving a claim submitted on or after July 1, 1978, shall pay or deny the claim.

History

Ga. L. 1977, p. 384, § 15A; Ga. L. 1999, p. 296, § 24.

Annotations

JUDICIAL DECISIONS Restrictions on reimbursement for abortions as denial or reduction of required service. - Restrictions on reimbursement for abortions contained in Georgia’s rules amount to a denial or reduction of a required service to an oth-

erwise eligible recipient solely because of that eligible recipient’s condition, i.e., pregnancy, and furthermore, these restrictions are not based on medical necessity or utilization control procedures nor is any contention made by the defendants that

the abortions sought by the plaintiffs were not medically necessary or presented utilization control problems; therefore, under 42 C.F.R. § 440.230(c) the Georgia Department of Medical Assistance (now De-

partment of Community Health) must provide reimbursement for these medically necessary abortions. Doe v. Busbee, 481 F. Supp. 46, 1979 U.S. Dist. LEXIS 8107 (N.D. Ga. 1979).