09 LC
35 1224
House
Bill 350
By:
Representatives Martin of the
47th
and Barnard of the
166th
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 hospitals and other organizations 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 licensed pursuant to 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 an inmate shall:
(1)
Be reimbursed in 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 an 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.
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laws and parts of laws in conflict with this Act are repealed.