hb906_LC_21_9603_a_3.html
08 LC 21 9603
House Bill 906
By: Representative Lunsford of the 110th

A BILL TO BE ENTITLED
AN ACT


To amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to purposes and powers of nonprofit corporations, so as to provide that a nonprofit corporation engaged in the operation of a hospital which does not provide a certain level of uncompensated indigent care shall pay into the Indigent Care Trust Fund a certain amount; to provide that any such corporation which fails to meet such level of indigent care provision shall be treated as a for profit corporation for all purposes under Title 48 of the Official Code of Georgia Annotated; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to purposes and powers of nonprofit corporations, is amended by adding a new Code section as follows:
"14-3-306.
A corporation which is organized under this chapter for the purpose of operating a hospital shall provide uncompensated indigent care at a level established in accordance with schedules created by the United States Department of Health and Human Services for the provision of Medicaid fees and services equal to or exceeding 6 percent of such corporation´s total compensated services. Any such corporation which in any year fails to provide such level of uncompensated indigent care shall pay into the Indigent Care Trust Fund created by Code Section 31-8-152 an amount which equals the difference between the value of uncompensated indigent care so calculated and 6 percent of the corporation´s total compensated services. Any such corporation which fails to render such minimum uncompensated indigent care for two consecutive years shall cease to be eligible for treatment as a nonprofit corporation for all purposes under Title 48."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.