hb575.html

05 LC 14 9081

House Bill 575

By: Representatives Lindsey of the 54th, Willard of the 49th, Smith of the 129th, Chambers of the 81st, Ralston of the 7th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that in certain civil actions the plaintiff must file a medical authorization form with the complaint; to provide for defendantś access to plaintiffś records; to provide for practice and procedure and related matters; to provide 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 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by inserting a new Code Section 9-11-9.2 to read as follows:

"9-11-9.2.

(a) In any wrongful death action or any civil action involving physical injury to the plaintiff or health care provided to the plaintiff, contemporaneously with the filing of the complaint, the plaintiff shall be required to file a medical authorization form. Failure to provide this authorization shall subject the complaint to dismissal.

(b) The authorization shall provide that the attorney representing the defendant is authorized to obtain and disclose protected health information contained in medical records to facilitate the investigation, evaluation, and defense of the claims and allegations set forth in the complaint which pertain to the plaintiff or, where applicable, the plaintiff́s decedent whose treatment is at issue in the complaint. This authorization includes the defendant́s attorneýs right to discuss the care and treatment of the plaintiff or, where applicable, the plaintiff́s decedent with all of the plaintiff́s or decedent́s treating physicians.

(c) The authorization shall provide for the release of all protected health information except information that is considered privileged and shall authorize the release of such information by any physician or health care facility by which health care records of the plaintiff or the plaintiff́s decedent would be maintained."

SECTION 2.

This Act shall become effective July 1, 2005, and shall apply with respect to actions filed on or after that date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.