Bill Text: GA HB197 | 2011-2012 | Regular Session | Comm Sub
Bill Title: Jails; certain inmate emergency medical care service charges; provide limitations
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2011-05-11 - Effective Date [HB197 Detail]
Download: Georgia-2011-HB197-Comm_Sub.html
11 LC 35
2280S
The
Senate State Institutions and Property Committee offered the following
substitute to HB 197:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia
Annotated, relating to general provisions for jails, so as to provide
limitations on medical charges for providing emergency medical care services to
certain persons in custody; to provide for related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating
to general provisions for jails, is amended by adding a new Code section to read
as follows:
"42-4-15.
(a)
As used in this Code section, the term:
(1)
'Detainee' means a person held in a detention facility who is charged with or
convicted of a criminal offense or charged with or adjudicated for a delinquent
act and a person detained, arrested, or otherwise held in lawful custody for a
criminal offense or delinquent act.
(2)
'Detention facility' means any municipal or county jail or other facility used
for the detention of persons charged with or convicted of a criminal offense or
charged with or adjudicated for a delinquent act.
(3)
'Emergency health care' means bona fide emergency services provided after the
onset of a medical or traumatic condition manifesting itself by acute symptoms
of sufficient severity such that the absence of immediate medical attention
could reasonably be expected to result in placing the person's health in serious
jeopardy, serious impairment to bodily functions, or serious dysfunction of any
bodily organ or part. The term covers any form of emergency medical treatment,
including dental, optical, psychological, or other types of emergency
conditions.
(4)
'Follow-up health care' means medical and hospital care and medication
administered in conjunction with and arising from emergency health care
treatment.
(b)
A hospital or other health care facility licensed or established pursuant to
Chapter 7 of Title 31 which is not a party to an emergency health care services
contract with a sheriff or a governing authority or its agent on July 1, 2011,
shall be reimbursed no more than the applicable Georgia Medicaid rate for
emergency health care and follow-up health care services provided to a
detainee.
(c)
No hospital or other health care facility shall discharge a detainee with an
emergency health care condition so as to require an immediate transfer to
another medical provider for the same condition unless the reasonable standard
of care requires such a transfer.
(d)
Nothing in this Code section shall be construed to limit reimbursements for
emergency health care services when insurance coverage is available for payment
for such services. Nor shall this Code section be construed so as to limit or
remove responsibility for payment of emergency health care services by a
provider of insurance that is otherwise responsible for payment of part or all
of such services.
(e)
Nothing in this Code section shall prohibit the governing authority from
negotiating higher fees or rates with
hospitals."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.