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04 LC 29 1202ER
House Bill
1419
By: Representatives Stephenson of the 60th, Post 1, Shaw of the 143rd, Channell of the 77th, Mosby of the 59th, Post 3, Watson of the 60th, Post 2, and others
By: Representatives Stephenson of the 60th, Post 1, Shaw of the 143rd, Channell of the 77th, Mosby of the 59th, Post 3, Watson of the 60th, Post 2, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Title 51 of the Official Code of Georgia
Annotated, relating to torts, so as to limit liability and damages in certain
circumstances; to provide for limited liability for certain health care
providers for treatment of certain emergency conditions under certain
circumstances; to change certain provisions relating to damages; to provide for
legislative findings; to provide for immunity for certain hospitals who have
independent contractor relationships with certain health care providers; 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.
Title 51 of the Official Code of Georgia Annotated, relating
to torts, is amended by adding a new Code section immediately following Code
Section 51-1-29.3, relating to immunity for operators of external defribulators,
to be designated Code Section 51-1-29.4 to read as
follows:
"51-1-29.4.
(a) As used in this Code section, the term:
(1) 'Dedicated emergency department' means any department or facility of the hospital located on the main hospital campus that meets one of the following requirements:
(A) It is held out to the public, by name, posted signs, advertising, or other means, as a place that provides care for emergency medical conditions on an urgent basis without requiring a previously scheduled appointment; or
(B) During the calendar year immediately preceding the calendar year in which a determination under this Code section is being made, based upon a representative sample of patient visits that occurred during that calendar year, it provided at least one-third of all of its outpatient visits for the treatment of emergency medical conditions on an urgent basis without requiring a previously scheduled appointment.
(2) 'Emergency medical condition' means:
(A) A medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:
(i) Placing the health of the individual, or, with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy;
(ii) Serious impairment to bodily functions; or
(iii) Serious dysfunction of any bodily organ or part; or
(B) With respect to a pregnant woman who is having contractions:
(i) That there is inadequate time to effect a safe transfer to another hospital before delivery; or
(ii) That transfer may pose a threat to the health or safety of the woman or the unborn child.
(3) 'Health care provider' means any person licensed under Chapter 9, 11, 26, 30, 33, 34, 35, or 39 of Title 43 who provides care or assistance to an individual within the scope of such health care provider´s licensure, either voluntarily or at the request of a hospital, including but not limited to any health care provider who is 'on call' to a hospital.
(4) 'Hospital' means a facility which has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of Title 31 and which operates a dedicated emergency department that provides care or assistance, including but not limited to emergency care, to individuals seeking medical treatment. Such term shall also include any employee of such hospital who provides care or assistance to such individuals within the scope of his or her employment, whether or not such person is a health care provider.
(5) 'Noneconomic damages' means damages for physical and emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature. This term does not include past or future:
(A) Medical expenses, including rehabilitation and therapy;
(B) Wages;
(C) Income;
(D) Funeral and burial expenses;
(E) The value of services performed by the injured in the absence of the injury or death; or
(F) Other monetary expenses.
(b) The General Assembly makes the following findings: Georgia hospitals operating dedicated emergency departments are required by both state and federal law to provide examination and treatment to individuals who come to a dedicated emergency department, without regard to the financial or insurance status of such individuals. Hospitals and other health care providers have complied with these laws to their financial detriment and under the well-founded apprehension of increased liability. Due in large part to fear of such liability, hospitals are experiencing extreme difficulty attracting a sufficient number of physicians and other health care professionals to maintain an effective team of professionals, including on-call physicians, to provide needed care and assistance to citizens of this state. As a result, many hospitals are being forced to close their emergency departments or forego other needed improvements in order to financially support such emergency services and their attendant liability. The shortage of these emergency providers poses a serious threat to the health, welfare, and safety of the citizens of Georgia. Nevertheless, it is also recognized that patients who have been injured by negligence must be afforded appropriate access to legal remedies for their injuries. The Georgia General Assembly therefore concludes that certain steps must be taken to preserve Georgia citizens´ access to emergency care on the one hand, while on the other hand provide appropriate remedies for patients who are negligently injured.
(c) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct, no hospital or health care provider that renders care or assistance in or at the request of a hospital or a health care provider to an individual who comes to a dedicated emergency department for treatment of a medical condition, whether such care or assistance is rendered gratuitously or for a fee, shall be held liable for noneconomic damages to or for the benefit of any claimant arising out of any act or omission in rendering such care or assistance.
(d) The limitation on liability provided in subsection (c) of this Code section shall not apply to any act or omission in rendering care or assistance:
(1) Unrelated to the original medical condition for which the individual sought care or assistance;
(2) Which occurs more than 24 hours after the hospital or health care provider began rendering such care or assistance; or
(3) To a pregnant woman in active labor who has previously received prenatal care from such hospital or health care provider for such pregnancy."
"51-1-29.4.
(a) As used in this Code section, the term:
(1) 'Dedicated emergency department' means any department or facility of the hospital located on the main hospital campus that meets one of the following requirements:
(A) It is held out to the public, by name, posted signs, advertising, or other means, as a place that provides care for emergency medical conditions on an urgent basis without requiring a previously scheduled appointment; or
(B) During the calendar year immediately preceding the calendar year in which a determination under this Code section is being made, based upon a representative sample of patient visits that occurred during that calendar year, it provided at least one-third of all of its outpatient visits for the treatment of emergency medical conditions on an urgent basis without requiring a previously scheduled appointment.
(2) 'Emergency medical condition' means:
(A) A medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:
(i) Placing the health of the individual, or, with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy;
(ii) Serious impairment to bodily functions; or
(iii) Serious dysfunction of any bodily organ or part; or
(B) With respect to a pregnant woman who is having contractions:
(i) That there is inadequate time to effect a safe transfer to another hospital before delivery; or
(ii) That transfer may pose a threat to the health or safety of the woman or the unborn child.
(3) 'Health care provider' means any person licensed under Chapter 9, 11, 26, 30, 33, 34, 35, or 39 of Title 43 who provides care or assistance to an individual within the scope of such health care provider´s licensure, either voluntarily or at the request of a hospital, including but not limited to any health care provider who is 'on call' to a hospital.
(4) 'Hospital' means a facility which has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of Title 31 and which operates a dedicated emergency department that provides care or assistance, including but not limited to emergency care, to individuals seeking medical treatment. Such term shall also include any employee of such hospital who provides care or assistance to such individuals within the scope of his or her employment, whether or not such person is a health care provider.
(5) 'Noneconomic damages' means damages for physical and emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature. This term does not include past or future:
(A) Medical expenses, including rehabilitation and therapy;
(B) Wages;
(C) Income;
(D) Funeral and burial expenses;
(E) The value of services performed by the injured in the absence of the injury or death; or
(F) Other monetary expenses.
(b) The General Assembly makes the following findings: Georgia hospitals operating dedicated emergency departments are required by both state and federal law to provide examination and treatment to individuals who come to a dedicated emergency department, without regard to the financial or insurance status of such individuals. Hospitals and other health care providers have complied with these laws to their financial detriment and under the well-founded apprehension of increased liability. Due in large part to fear of such liability, hospitals are experiencing extreme difficulty attracting a sufficient number of physicians and other health care professionals to maintain an effective team of professionals, including on-call physicians, to provide needed care and assistance to citizens of this state. As a result, many hospitals are being forced to close their emergency departments or forego other needed improvements in order to financially support such emergency services and their attendant liability. The shortage of these emergency providers poses a serious threat to the health, welfare, and safety of the citizens of Georgia. Nevertheless, it is also recognized that patients who have been injured by negligence must be afforded appropriate access to legal remedies for their injuries. The Georgia General Assembly therefore concludes that certain steps must be taken to preserve Georgia citizens´ access to emergency care on the one hand, while on the other hand provide appropriate remedies for patients who are negligently injured.
(c) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct, no hospital or health care provider that renders care or assistance in or at the request of a hospital or a health care provider to an individual who comes to a dedicated emergency department for treatment of a medical condition, whether such care or assistance is rendered gratuitously or for a fee, shall be held liable for noneconomic damages to or for the benefit of any claimant arising out of any act or omission in rendering such care or assistance.
(d) The limitation on liability provided in subsection (c) of this Code section shall not apply to any act or omission in rendering care or assistance:
(1) Unrelated to the original medical condition for which the individual sought care or assistance;
(2) Which occurs more than 24 hours after the hospital or health care provider began rendering such care or assistance; or
(3) To a pregnant woman in active labor who has previously received prenatal care from such hospital or health care provider for such pregnancy."
SECTION 2.
Said title is further amended by adding a new Code section
immediately following Code Section 51-2-4, relating to liability for torts of an
independent employee, to read as
follows:
"51-2-4.1.
(a) As used in this Code section, the term:
(1) 'Health care provider' means any person licensed under Chapter 9, 11, 26, 30, 33, 34, 35, or 39 of Title 43 who provides care or assistance to an individual within the scope of the health care provider´s licensure.
(2) 'Hospital' means a facility that has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of Title 31.
(b) Notwithstanding the provisions of Code Section 51-2-5, no hospital shall be vicariously liable for the acts or omissions of a health care provider identified as an independent contractor."
"51-2-4.1.
(a) As used in this Code section, the term:
(1) 'Health care provider' means any person licensed under Chapter 9, 11, 26, 30, 33, 34, 35, or 39 of Title 43 who provides care or assistance to an individual within the scope of the health care provider´s licensure.
(2) 'Hospital' means a facility that has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of Title 31.
(b) Notwithstanding the provisions of Code Section 51-2-5, no hospital shall be vicariously liable for the acts or omissions of a health care provider identified as an independent contractor."
SECTION 3.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval. This Act shall apply
only to causes of action arising on or after the effective date of this Act.
Any cause of action arising prior to that date shall continue to be governed by
the laws in effect at the time such cause of action arose.
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.