06 LC 28
2886S
The
House Committee on Governmental Affairs offers the following substitute to HB
827:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia
Annotated, relating to state officers and employees, so as to provide for the
authorization of the Department of Administrative Services to procure a group
liability insurance policy for hospitals providing emergency room services; to
provide for the terms and conditions under which such hospitals may participate
in such group liability insurance policy; to provide for the payment by
participating hospitals of premiums and broker fees related to such insurance
policy; to provide for protection for the state from liability for premiums and
claims related to coverage under such policy; to provide that the state shall
not be authorized to self-insure any participating hospital; to provide for
automatic repeal; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating
to state officers and employees, is amended by adding a new Code Section
45-9-4.3 to read as follows:
"45-9-4.3.
(a)
For the purposes of this Code section, the term 'hospital' means a hospital
having an emergency room providing services 24 hours a day and seven days a
week.
(b)
The Department of Administrative Services is authorized to obtain a group
liability insurance policy for and on behalf of those hospitals defined in
subsection (a) of this Code section. A hospital which desires to participate in
such insurance coverage shall enter into a written agreement with the Department
of Administrative Services, prior to the
department́s
commencement of negotiations with any prospective insurance carriers, that such
hospital agrees to accept such coverage for the term of the policy contingent
upon the premiums for the group policy, plus such
hospitaĺs
share of any
brokeŕs
fee, being less than or equal to the
hospitaĺs
current premiums for similar coverage. A hospital participating in such group
insurance plan shall be solely responsible for payment of its premiums under the
policy. Under no circumstances shall this Code section be construed to hold the
state liable for any premiums related to such group policy or for any claims
filed against any hospital covered under such group policy.
(c)
The provisions of this Code section shall not authorize the state to self-insure
any hospital participating in such group insurance plan.
(d)
This Code section is automatically repealed effective July 1,
2007."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.