Bill Text: GA SB149 | 2011-2012 | Regular Session | Introduced

Georgia Senate Bill 149 (Prior Session Legislation)

Introduced

Bill Title: Georgia Medicaid Access Act; establish; provide for filing of a proposed complaint of a medical malpractice claim against a medical assistance provider

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2011-02-24 - Senate Read and Referred [SB149 Detail]

Download: Georgia-2011-SB149-Introduced.html

11 LC 36 1810

Senate Bill 149

By: Senators Ligon, Jr. of the 3rd, Williams of the 19th, Albers of the 56th, Carter of the 1st and Goggans of the 7th

A BILL TO BE ENTITLED
AN ACT

To establish the "Georgia Medicaid Access Act"; to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for the filing of a proposed complaint of a medical malpractice claim against a medical assistance provider; to provide for a short title; to provide for legislative intent; to define certain terms; to provide for the appointment and selection of medical review panels; to provide for attorney's fees and court costs; to provide for discovery and hearing procedures; to amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia, relating to medical malpractice arbitration, so as to include actions for medical malpractice in the definition of a medical malpractice claim for which arbitration is authorized; to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rates, underwriting rules, and related organizations, so as to require that medical malpractice insurers provide a reduction in premium for medical malpractice policies under certain circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by adding a new article to read as follows:

"ARTICLE 10

49-4-195.

This article shall be known and may be cited as the 'Georgia Medicaid Access Act.'

49-4-195.1.

As used in this article, the term:

(1) 'Action for medical malpractice' means any claim for damages resulting from the death of or injury to any person arising out of:

(A) Health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of the lawfully authorized person rendered within the scope of duties; or

(B) Care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility, or institution, or by any officer, agent, or employee thereof acting within the scope of his or her employment and rendered within the scope of duties.

(2) 'Applicant for medical assistance' shall have the same meaning as provided in Code Section 49-4-141.

(3) 'Claimant' means a person, including a decedent's estate, who seeks or has sought recovery of damages in an action for medical malpractice. All persons claiming to have sustained damages as the result of the bodily injury or death of a single person shall be considered a single claimant.

(4) 'Commissioner' means the commissioner of the department.

(5) 'Department' shall have the same meaning as provided in Code Section 49-4-141.

(6) 'Health care provider' means any person, corporation, facility, or institution licensed by this state or any other state to provide or otherwise lawfully providing health care services, including, but not limited to, a doctor of medicine, doctor of osteopathy, physician assistant, hospital or other health care facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychologist, occupational therapist, professional counselor, pharmacist, chiropractor, marriage and family therapist, or social worker.

(7) 'Medical assistance' shall have the same meaning as provided in Code Section 49-4-141.

(8) 'Provider of medical assistance' shall have the same meaning as provided in Code Section 49-4-141.

(9) 'Recipient of medical assistance' shall have the same meaning as provided in Code Section 49-4-141.

(10) 'Rendered within the scope of duties' means in accordance with such provisions of Title XIX of the federal Social Security Act of 1935, as amended, regulations promulgated pursuant thereto by the secretary of health and human services, all applicable laws of this state, the state plan, and regulations of the department which are in effect on the date on which the items are rendered.

(11) 'State plan' shall have the same meaning as provided in Code Section 49-4-141.

49-4-195.2.

Actions against a provider of medical assistance shall be covered under this article for the provision of medical or remedial care or service to a recipient of medical assistance regardless of whether such recipient of medical assistance is later to be found ineligible.

49-4-195.3.

All of the legal requirements for an action for medical malpractice under this article shall be the same as those for an action for medical malpractice as defined in Code Section 9-3-70, unless specified otherwise in this article.

49-4-195.4.

(a) The statute of limitations for an action for medical malpractice filed pursuant to this article shall be the same as the statute of limitations set forth in Article 4 of Chapter 3 of Title 9.

(b) The filing of a proposed complaint tolls the applicable statute of limitations to and including a period of 90 days following the receipt of the opinion of the medical review panel by the plaintiff.

(c) A proposed complaint under Code Section 49-4-195.5 shall be filed in the same court, with the same filing fees, and in the same manner as an action for medical malpractice as defined in Code Section 9-3-70. The proposed complaint shall be served upon the parties as required for an action for medical malpractice as defined in Code Section 9-3-70. A copy of the proposed complaint shall be delivered or mailed by registered or certified mail to the commissioner by the claimant within ten days after filing the proposed complaint.

(d) If a claimant meets the criteria stated in subsection (c) of Code Section 49-4-195.8, the applicable limitations period shall be equal to the period that would otherwise apply to the claimant under subsection (a) of this Code section plus 180 days.

49-4-195.5.

Except as provided in Code Sections 49-4-195.6 and 49-4-195.7, a recipient of medical assistance or the representative of a recipient of medical assistance who has a claim against a provider of medical assistance for bodily injury or death on account of malpractice shall not commence an action for medical malpractice in a court in this state before:

(1) The proposed complaint has been filed with the court;

(2) The proposed complaint has been presented to a medical review panel established under this article; and

(3) An opinion is given by the medical review panel.

49-4-195.6.

Notwithstanding Code Section 49-4-195.5, a claimant may commence an action for medical malpractice in court without the presentation of the claim to a medical review panel if the plaintiff and all parties named as defendants in the action for medical malpractice agree that the claim is not to be presented to a medical review panel. The agreement shall be in writing and shall be signed by each party or an authorized agent of the party. The claimant shall attach a copy of the agreement to the complaint filed with the court in which the action for medical malpractice is commenced.

49-4-195.7.

(a) Notwithstanding Code Section 49-4-195.5, a claimant may commence an action for medical malpractice in court without submitting a proposed complaint to a medical review panel if the claimant's pleadings include a declaration that the claimant seeks damages from the provider of medical assistance in an amount not greater than $15,000.00. In an action for medical malpractice commenced under this Code Section, the claimant shall be barred from recovering any amount greater than $15,000.00, except as provided in subsection (b) of this Code section.

(b) A claimant who:

(1) Commences an action for medical malpractice under subsection (a) of this Code section in the reasonable belief that damages in an amount not greater than $15,000.00 are adequate compensation for the bodily injury allegedly caused by the provider of medical assistance; and

(2) Later learns, during the pendency of the action for medical malpractice, that the bodily injury is more serious than previously believed and that $15,000.00 is insufficient compensation for the bodily injury

may move that the action for medical malpractice be dismissed without prejudice and, upon dismissal of the action for medical malpractice, may file a proposed complaint subject to Code Section 49-4-195.5 based upon the same allegations of medical malpractice as were asserted in the action for medical malpractice dismissed under this subsection. In a second action for medical malpractice commenced in court following the medical review panel's proceeding on the proposed complaint, the claimant may recover an amount greater than $15,000.00. However, a claimant may move for dismissal without prejudice and, if dismissal without prejudice is granted, may commence a second action for medical malpractice under this subsection only if the claimant's motion for dismissal is filed within two years after commencement of the original action for medical malpractice under subsection (a) of this Code section.

(1) Commences an action for medical malpractice under subsection (a) of this Code section;

(2) Moves under subsection (b) of this Code section for dismissal of that action for medical malpractice;

(3) Files a proposed complaint subject to Code Section 49-4-195.5 based upon the same allegations of malpractice as were asserted in the action for medical malpractice dismissed under subsection (b) of this Code section; and

(4) Commences a second action for medical malpractice in court following the medical review panel proceeding on the proposed complaint

the timeliness of the second action for medical malpractice shall be governed by subsection (c) of Code Section 49-4-195.4.

49-4-195.8.

(a) Notwithstanding Code Section 49-4-195.5, a claimant may commence an action for medical malpractice in court at the same time the claimant's proposed complaint is being considered by a medical review panel.

(b) In order to comply with subsection (a) of this Code section, the:

(1) Complaint filed in court shall not contain any information that would allow a third party to identify the defendant;

(2) Claimant shall be prohibited from pursuing the action for medical malpractice;

(3) Claimant shall pay all applicable filing fees; and

(4) The court shall be prohibited from taking any action except:

(A) Setting a date for trial;

(B) An action under Code Section 49-4-195.9; or

until Code Section 49-4-195.5 has been satisfied.

(c) Upon satisfaction of section Code Section 49-4-195.5, the identifying information described in paragraph (1) of subsection (b) of this Code section shall be added to the complaint by the court.

49-4-195.9.

If action has not been taken in a proposed complaint before the court for a period of at least two years, the court, on the:

(1) Motion of a party; or

(2) The court's own motion

may dismiss the case.

49-4-195.10.

(a) All actions for medical malpractice settled or adjudicated to final judgment against a provider of medical assistance shall be reported to the commissioner by the plaintiff's attorney and by the provider of medical assistance within 60 days following final disposition of the action for medical malpractice.

(b) The report to the commissioner required pursuant to subsection (b) of this Code section shall state the following:

(1) The nature of the action;

(2) The damages asserted and the alleged injury;

(3) The attorney's fees and expenses incurred in connection with the claim or defense; and

(4) The amount of the settlement or judgment.

49-4-195.11.

(a) The medical review panel provided for in this article shall make a separate determination, at the time that it renders its opinion under Code Section 49-4-195.24, as to whether the name of the defendant provider of medical assistance should be forwarded to the appropriate board of professional registration for review of the provider of medical assistance's fitness to practice in the provider of medical assistance's profession. The commissioner shall forward the name of the defendant health care provider if the medical review panel unanimously determines that it should be forwarded. The medical review panel's determination concerning the forwarding of the name of the defendant provider of medical assistance shall not be admissible as evidence in a civil action. In each case involving review of a provider of medical assistance's fitness to practice forwarded under this section, the appropriate licensing board may take whatever disciplinary action it deems appropriate.

(b) The appropriate board of professional registration and examination shall report to the commissioner the board's findings, the action taken, and the final disposition of each case involving review of a health care provider's fitness to practice forwarded under this Code section.

49-4-195.12.

Not earlier than 20 days after the filing of a proposed complaint, either party may request the formation of a medical review panel by filing such a request and providing notice to all parties.

49-4-195.13.

(a) A medical review panel shall consist of one attorney and three health care providers.

(b) The attorney member of the medical review panel shall act as chairperson of the panel and in an advisory capacity but may not vote.

(c) The chairperson of the medical review panel shall expedite the selection of the other panel members, convene the panel, and expedite the panel's review of the proposed complaint. The chairperson may establish a reasonable schedule for submission of evidence to the medical review panel but shall allow sufficient time for the parties to make full and adequate presentation of related facts and authorities.

49-4-195.14.

(a) A medical review panel shall be selected as provided for in this Code section.

(b)(1) Within 15 days after the filing of a request for formation of a medical review panel, the parties shall select a panel chairperson by agreement. If no agreement on a panel chairperson can be reached, either party may request the clerk of the court in which the proposed complaint has been filed to draw at random a list of five names of attorneys who:

(A) Are members of the State Bar of Georgia in good standing;

(B) Are admitted in the Georgia Supreme Court;

in a contiguous county; and

(D) Have requested that their names be placed on a list of attorneys who desire to serve as a chairperson.

(2) The clerk shall notify the parties, and the parties shall then strike names from the random list, alternating with the plaintiff striking first until one name remains. The remaining attorney shall be the chairperson of the panel.

(3) After the striking, the plaintiff shall notify the court, the chairperson, and all other parties of the name of the chairperson.

(4) If a party does not strike a name within five days after receiving notice from the clerk:

(A) The opposing party shall, in writing, request the clerk to strike for the party; and

(B) The clerk shall strike for that party.

(5) When one name remains, the clerk shall within five days notify the chairperson and all other parties of the name of the chairperson.

(6) Within 15 days after being notified by the clerk of being selected as chairperson, the chairperson shall:

(A) Send a written acknowledgment of appointment to the clerk; or

(B) Show good cause for relief from serving as provided in this Code section.

(c)(1) All health care providers in this state, whether in the teaching profession or otherwise, who hold a license to practice in their profession shall be available for selection as members of the medical review panel.

(2) Each party to the action for medical malpractice shall have the right to select one health care provider, and upon selection, the two health care providers thus selected shall select the third panelist.

(3) If there are multiple plaintiffs or defendants, only one health care provider shall be selected per side. The plaintiff, whether single or multiple, shall have the right to select one health care provider, and the defendant, whether single or multiple, shall have the right to select one health care provider.

(4) If there is only one party defendant who is an individual, two of the panelists selected shall be health care providers who hold the same type of license to provide health care services at that of the defendant. If the individual defendant is a health care professional who specializes in a limited area, two of the panelists selected shall be health care professionals who specialize in the same area as the defendant.

(5) Within 15 days after the chairperson is selected, both parties shall select a health care provider, and the parties shall notify the other party and the chairperson of their selection. If a party fails to make a selection within the time provided, the chairperson shall make the selection and notify both parties. Within 15 days after their selection, the health care provider members shall select the third member within the time provided and notify the chairperson and the parties. If the providers fail to make a selection, the chairperson shall make the selection and notify both parties.

(6) Within ten days after the selection of a panel member, written challenge without cause may be made to such panel member. Upon challenge or excuse, the party whose appointee was challenged or dismissed shall select another panelist. If the challenged or dismissed panel member was selected by the other two panel members, the medical review panel members shall make a new selection. If two such challenges are made and submitted, the chairperson shall within ten days appoint a panel consisting of three qualified panelists, and each side shall, within ten days after the appointment, strike one panelist. The party whose appointment was challenged shall strike last, and the remaining member shall serve.

(d) When a medical review panel is formed, the chairperson shall within five days notify the court and the parties by registered or certified mail of the following:

(1) The names and addresses of the panel members; and

(2) The date on which the last member was selected.

(e) A member of a medical review panel who is selected under this Code section shall serve unless:

(1) The parties by agreement excuse the panelist; or

(2) The panelist is excused as provided in subsection (f) of this Code section for good cause shown.

(f)(1) To show good cause for relief from serving as member of a medical review panel, the attorney selected as chairperson of the medical review panel shall file an affidavit with the court. The affidavit shall set out the facts showing that service would constitute an unreasonable burden or undue hardship. The clerk of court may excuse the attorney from serving. The attorney shall notify all parties, who shall then select a new chairperson as provided in subsection (b) of this Code section.

(2) To show good cause for relief from serving as a member of a medical review panel, a health care provider member of a medical review panel shall serve an affidavit upon the panel chairperson. The affidavit shall set out the facts showing that service would constitute an unreasonable burden or undue hardship. The chairperson may excuse the member from serving and notify all parties.

49-4-195.15.

(a) Except as provided in subsection (b) of this Code section, the medical review panel shall give its expert opinion within 180 days after the selection of the last member of the initial panel.

(b) The medical review panel shall have 90 days after the selection of the new member to give an expert opinion, if.

(1) The chairperson of the panel or another member of the panel is removed, or any member of the panel, including the chairperson, is removed by a court order; and

(2) A new member is selected to replace the removed member more than 90 days after the last member of the initial panel is selected.

(c) If the panel has not given an opinion within the time allowed under subsection (a) of this Code section, the medical review panel shall submit a report to the court, stating the reasons for the delay.

49-4-195.16.

A party, attorney, or member of the medical review panel who fails to act as required by this article without good cause shown is subject to mandate or appropriate sanctions upon application to the court designated in the proposed complaint as having jurisdiction.

49-4-195.17.

(a) The court may remove the chairperson of the medical review panel if the court determines that the chairperson is not fulfilling the duties imposed upon the chairperson by this article.

(b) If the chairperson is removed under this Code section, a new chairperson shall be selected under subsection (b) of Code Section 49-4-195.14.

49-4-195.18.

(a) The chairperson may remove a member of the panel if the chairperson determines that the member is not fulfilling the duties imposed upon the panel members by this article.

(b) If a member is removed under this Code section, a new member shall be selected under subsection (c) of Code Section 49-4-195.14.

49-4-195.19.

(a) The evidence to be considered by the medical review panel shall be promptly submitted by the respective parties in accordance with a schedule to be established by the chairperson; provided, however, that the parties shall not be required to submit evidence to the panel within 45 days of the formation of the panel unless otherwise agreed by the parties.

(b) The evidence may consist of medical charts, X-rays, laboratory tests, excerpts of treatises, applicable standards of care within the licensed profession of the defendant's health care provider, depositions of parties and witnesses, interrogatories, affidavits, reports of medical experts, and any other form of evidence allowable by the medical review panel.

(c) The chairperson shall ensure that before the panel gives its expert opinion under Code Section 49-4-195.24, each panel member has the opportunity to review every item of evidence submitted by the parties.

(d) Before considering any evidence or deliberating with other panel members, each member of the medical review panel shall take an oath in writing on a form provided by the panel chairperson, which shall read as follows:

'I (swear) (affirm) under penalties of perjury that I will well and truly consider the evidence submitted by the parties; that I will render my opinion without bias, based upon the evidence submitted by the parties, and that I have not and will not communicate with any party or representative of a party before rendering my opinion, except as authorized by law.'

49-4-195.20.

Neither a party, a party's agent, a party's attorney, nor a party's insurance carrier shall communicate with any member of the panel, except as authorized by law, before the giving of the medical review panel's expert opinion under Code Section 49-4-195.24.

49-4-195.21.

The chairperson of the medical review panel shall advise the panel relative to any legal question involved in the review proceeding and shall prepare the opinion of the panel as provided in Code Section 49-4-195.24.

49-4-195.22.

(a) Any party, after submission of all evidence and upon ten days notice to the chairperson and to the other parties, shall have the right to convene the medical review panel at a time and place agreeable to the members of the panel. Either party may question the medical review panel concerning any matters relevant to issues to be decided by the panel before the issuance of the panel's report.

(b) The chairperson of the medical review panel shall preside at all meetings. Meetings shall be informal.

49-4-195.23.

(a) The medical review panel shall have the right and duty to request all information necessary to render its expert opinion.

(b) The medical review panel may consult with medical authorities.

(c) The medical review panel may examine reports of other health care providers necessary to fully inform the panel regarding the issue to be decided.

(d) All parties shall have full access to any material submitted to the medical review panel.

49-4-195.24.

(a) The medical review panel shall have the sole duty to express the panel's expert opinion as to whether or not the evidence supports the conclusion that the defendant or defendants acted or failed to act within the appropriate standards of care as charged in the proposed complaint.

(b) After reviewing all evidence and after any examination of the medical review panel by counsel representing either party, the panel shall, within 30 days, give one or more of the following expert opinions, which shall be in writing and signed by the panelists:

(1) The evidence supports the conclusion that the defendant or defendants failed to comply with the appropriate standard of care as charged in the complaint;

(2) The evidence does not support the conclusion that the defendant or defendants failed to meet the applicable standard of care as charged in the proposed complaint;

(3) There is a material issue of fact, not requiring expert opinion, bearing on liability for consideration by the court or jury; or

(4) The conduct complained of was or was not a factor of the resultant damages. If such conduct was a factor, whether the plaintiff suffered:

(A) Any disability and the extent and duration of the disability; and

(B) Any permanent impairment and the percentage of the impairment.

49-4-195.25.

A report of the expert opinion reached by the medical review panel shall be admissible as evidence in any action subsequently brought by the plaintiff in a court of law. However, such expert opinion shall not be conclusive, and any party, at such party's cost, shall have the right to call any member of the medical review panel as a witness. If called, a witness shall appear and testify.

49-4-195.26.

Each member of the medical review panel shall have absolute immunity from civil liability for all communications, findings, opinions, and conclusions made in the course and scope of duties prescribed by this article.

49-4-195.27.

(a) Each health care provider member of the medical review panel shall be entitled to be paid:

(1) Up to $750.00 for all work performed as a member of the panel, exclusive of time involved if called as a witness to testify in court; and

(2) Reasonable travel expenses.

(b) The chairperson of the medical review panel shall be entitled to be paid:

(1) At the rate of $350.00 per diem, not to exceed $2,000.00; and

(2) Reasonable travel expenses.

(c) The chairperson of the medical review panel shall keep an accurate record of the time and expenses of all the members of the panel. The record shall be submitted to the parties for payment with the panel's report.

(d) Fees of the medical review panel, including travel expenses and other expenses of the review, shall be paid by the side in whose favor the majority opinion is written. If there is no majority opinion as a result of a determination by the medical review panel that there is a material issue of fact bearing on liability consideration by the court, each side shall pay 50 percent of the cost.

49-4-195.28.

The chairperson of the medical review panel shall submit a copy of the panel's report to:

(1) The court;

(2) All parties and their attorneys; and

(3) The commissioner

by registered or certified mail within five days after the panel gives its opinion.

49-4-195.29.

(a) A court having jurisdiction over the subject matter and the parties to a proposed complaint filed under this article may, upon the filing of a copy of the proposed complaint and a written motion under this article, do one or both of the following:

(1) Preliminarily determine an affirmative defense or issue of law or fact that may be preliminarily determined under Chapter 11 of Title 9, the 'Georgia Civil Practice Act;' or

(2) Compel discovery in accordance with Chapter 11 of Title 9, the 'Georgia Civil Practice Act.'

(b) The court shall have no jurisdiction to rule preliminarily upon any affirmative defense or issue of law or fact reserved for written opinion by the medical review panel under Code Section 49-4-195.24.

(c) The court shall have jurisdiction to entertain a motion filed under this article only during that time after a proposed complaint is filed with the court under this article but before the medical review panel gives the panel's written opinion under Code Section 49-4-195.24.

(d) The failure of any party to move for a preliminary determination or to compel discovery under this chapter before the medical review panel gives the panel's written opinion under Code Section 49-4-195.24 shall not constitute the waiver of any affirmative defense or issue of law or fact.

49-4-195.30.

The filing of a copy of the proposed complaint with the clerk of court shall confer jurisdiction upon the court over the subject matter and the parties to the proceeding for the limited purposes stated in this article, including, but not limited to, the taxation and assessment of costs or the allowance of expenses, including reasonable attorney's fees, or both.

49-4-195.31.

(a) Each nonmoving party to the proceeding, including the chairperson of the medical review panel, if any, shall have a period of 20 days after service, or a period of 23 days after service if service is by mail, to appear and file and serve a written response to any motion filed pursuant to this article, unless the court, for cause shown, orders the period enlarged.
(b) The court shall enter a ruling on the motion:
(1) Within 30 days after the motion is heard; or
(2) If no hearing is requested, granted, or ordered, within 30 days after the date on which the last written response to the motion is filed.

(c) The court shall order the clerk to serve a copy of the court's ruling on the motion by ordinary mail on each party to the proceeding and the chairperson of the medical review panel, if any.

(d) Upon the filing of the motion, all further proceedings before the medical review panel shall be stayed automatically until the court has entered a ruling on the motion.

49-4-195.32.

The court may enforce its ruling on any motion filed under this article in accordance with Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' subject to the right of appeal.

49-4-195.33.

(a) In the event a medical review panel renders a unanimous opinion in favor of the provider of medical assistance and the claimant pursues an action in a court of competent jurisdiction and proper venue based on the same claim, which was the subject of the unanimous medical review panel opinion in favor of the provider of medical assistance, and a final judgment is rendered finding the provider of medical assistance has no liability to the claimant, the court shall order that the claimant shall be required to pay the court costs and reasonable attorney's fees of the provider of medical assistance in said action.

(b) In the event a medical review panel renders a unanimous opinion against the provider of medical assistance and thereafter, the provider of medical assistance fails to settle the claim with the claimant, resulting in the claimant pursuing an action in a court of competent jurisdiction and proper venue law based on the same claim, which was the subject of the unanimous medical review panel opinion against the provider of medical assistance, and a final judgment is rendered finding the provider of medical assistance liable to the claimant for any damages, the court shall order that the provider of medical assistance shall be required to pay the court costs and reasonable attorney's fees of the claimant in said action."

SECTION 2.

Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia, relating to medical malpractice arbitration, is amended by revising Code Section 9-9-60, relating to "medical malpractice claim" defined, as follows:

"9-9-60.

(a) For the purposes of this article, the term 'medical malpractice claim' means any claim for damages resulting from the death of or injury to any person arising out of:

(1) Health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care, rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of a lawfully authorized person; or

(2) Care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility, or institution, or by any officer, agent, or employee thereof acting within the scope of his or her employment.

(b) The term 'medical malpractice claim' shall also include any action for medical malpractice as defined in Code Section 49-4-195.1."

SECTION 3.

Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rates, underwriting rules, and related organizations, is amended by adding a new Code section to read as follows:

"33-9-45.

(a) For each policy of medical malpractice insurance issued, delivered, issued for delivery, or renewed on or after July 1, 2011, there shall be offered by the insurer a reduction in the premium for liability coverage if the named policy holder accepts medical assistance as that term is defined in Code Section 49-4-141.

(b) The reduction in premium for such policy shall be a percent reduction equal to the percentage of recipients of medical assistance that make up the total percentage of persons that are rendered and receive medical or remedial care or service by the named policy holder during the year prior to the date the policy of medical malpractice insurance is issued, delivered, issued for delivery, or renewed, subject to a maximum reduction of 20 percent.

(c) Proof of meeting the requirements for the reduction in premium provided by this Code section shall be provided annually to the insurer by the named policy holder upon such forms as the Commissioner shall prescribe."

SECTION 4.

This Act shall become effective July 1, 2011, and shall apply to acts of malpractice that occur on or after such date.

SECTION 5.

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