HB1089.html

To amend Code Section 13_8_2 of the Official Code of Georgia Annotated, relating to contracts contravening public policy generally, so as to declare as contrary to public policy certain contracts between a hospital which is a provider of obstetric services and certain insurers; to repeal conflicting laws; and for other purposes.

Code Section 13_8_2 of the Official Code of Georgia Annotated, relating to contracts contravening public policy generally, is amended by adding a new subsection (c) to read as follows:
"(c)(1) As used in this subsection, the term:
(A) 'Affected hospital' means:
(i) Any hospital which is located within the same county as a strategic obstetric hospital and which is located at a distance from the strategic obstetric hospital which is more than:
(I) Ten miles; or
(II) Thirty minutes´ driving time at any time of the day; or
(ii) Any hospital which does not provide obstetrical services and which is located within one mile of a strategic obstetric hospital.
(B) 'Strategic obstetric hospital' means:
(i) Any hospital which is located in a county in which more than five acute care hospitals are located and where the distance between such hospital and any other hospital in the county is more than:
(I) Ten miles; or
(II) Thirty minutes´ driving time at any time of the day; or
(ii) Any hospital which is located within one mile of another hospital which does not provide obstetrical services.
(2) Any contract for health services, including any renewal of or amendment to such contract entered into between an insurer and a strategic obstetric hospital, is against public policy and is void and unenforceable when said contract, renewal, or amendment has the effect of interfering with a consumer´s ability to receive or obtain nonobstetrical health care services from any affected hospital under the same terms and conditions as the insurer contracted with the strategic obstetric hospital for such nonobstetrical services."