09 LC 33
3085S
The
House Committee on Health and Human Services offers the following
substitute
to HB 350:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 42-5-2 of the Official Code of Georgia Annotated, relating to
responsibilities of a governmental unit with custody of an inmate generally,
costs of emergency and follow-up care, and access to medical services or
hospital care for inmates, so as to provide conditions for claiming exemptions
by hospital authorities that provide emergency health care services to inmates;
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.
Code
Section 42-5-2 of the Official Code of Georgia Annotated, relating to
responsibilities of a governmental unit with custody of an inmate generally,
costs of emergency and follow-up care, and access to medical services or
hospital care for inmates, is amended by adding a new subsection to read as
follows:
"(c)
As a condition for claiming an exemption pursuant to paragraph (6) of Code
Section 48-8-3, a hospital not under contract with the department, created
pursuant to Article 4 of Chapter 7 of Title 31, and organized pursuant to
Section 501(c) of the federal Internal Revenue Code that provides emergent
health care services to a state inmate shall:
(1)
Charge an amount not to exceed the applicable Georgia Medicaid rate for such
services;
(2)
Treat the emergent condition wholly and completely such that any reasonably
apparent injuries associated with the condition are also treated;
and
(3)
Not discharge a state inmate with an emergent condition so as to require an
immediate transfer to another provider for the same condition unless the
standard of care would require a transfer.
For
purposes of this subsection, the term 'state inmate' means any inmate for whom
the department shall be responsible for the payment of medical care thereof.
Nothing in this Code section shall prohibit the department from negotiating fees
or rates with health care
providers."
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laws and parts of laws in conflict with this Act are repealed.