Bill Text: GA HB147 | 2011-2012 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Patient Right to Know Act of 2001; medical malpractice insurance; include

Spectrum: Partisan Bill (Republican 6-0)

Status: (Passed) 2011-07-01 - Effective Date [HB147 Detail]

Download: Georgia-2011-HB147-Comm_Sub.html

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11 LC 36 1744S

The House Committee on Health and Human Services offers the following substitute to HB 147:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 34A of Title 43 of the Official Code of Georgia Annotated, the "Patient Right to Know Act of 2001," so as to include information as to whether a physician has medical malpractice insurance as part of the physician profile; to provide that a patient has the right to inquire as to whether the physician carries medical malpractice insurance; to change certain provisions relating to violations and penalties; to require the Georgia Composite Medical Board to compile an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 34A of Title 43 of the Official Code of Georgia Annotated, the "Patient Right to Know Act of 2001," is amended by revising Code Section 43-34A-3, relating to physician profiles, dissemination to public, content and maintenance requirements, corrections, judgments prior to April 11, 2001, sealed judgments, arbitration awards, and settlements prohibited, by adding two new paragraphs to subsection (c), to read as follows:

"(7.1) Whether the physician actively sees patients a minimum of five hours a week;"

"(10.1) Whether carrying any medical malpractice insurance; "

SECTION 2.

Said chapter is further amended by revising Code Section 43-34A-5, relating to the estimation of fees and collection of payment prior to rendering of services, as follows:

"43-34A-5.

A patient has the right to inquire as to whether the physician carries medical malpractice insurance and as to the estimated charges for a routine office visit, routine treatments, and lab tests prior to receiving such treatment. When asked for such information, the physician or other authorized personnel shall give such information freely and without reservation or evasion. Violation of this right should be reported immediately to the board. Physicians are not responsible for ascertaining the details of the patient's insurance coverage and explaining such information to the patient. A physician may require the payment of his or her fee or any applicable copayment in advance of delivering professional services unless otherwise prohibited by law."

SECTION 3.

Said chapter is further amended by revising Code Section 43-34A-7, relating to violations of chapter and penalty, as follows:

"43-34A-7.

(a) Any physician or authorized personnel violating any provision of this chapter shall may be assessed a monetary fine as determined by the board by regulation for each day or instance of violation.

(b) A record of the violation shall be maintained as part of the physician profile."

SECTION 4.

Said chapter is further amended by adding a new Code section to read as follows:

"43-34A-9.

(a) On January 1 of each year, the board shall compile a report for the Governor and General Assembly containing a statistical and comparative data analysis using information obtained from the physician profiles in addition to other information collected by the board. The board shall not be required to distribute copies of the report to the Governor or members of the General Assembly but shall provide notification of the availability of the report in the manner which it deems to be the most effective and efficient.

(b) The report shall include, but shall not be limited to, the following information:

(1) The number of physicians for which it has created physician profiles;

(2) The specialty board certification of such physicians;

(3) The geographic regions of the primary practices;

(4) The number of physicians participating in the Medicaid program; and

(5) The number of physicians carrying any medical malpractice insurance and the specialty and current hospital privileges of the physicians not carrying such insurance and whether such physicians are actively seeing patients."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.