07 LC 33
1874
House
Bill 425
By:
Representatives Chambers of the
81st
and Rice of the
51st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia
Annotated, relating to regulation of hospitals and related institutions, so as
to enact the "Hospital Litigation Protection Act"; to provide certain cost
information to an uninsured patient prior to receiving nonemergency elective
medical treatment; to provide for the annual submission of certain information
to the Department of Human Resources; to provide for immunity from certain legal
actions under specified conditions; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Hospital Litigation Protection
Act."
SECTION
2.
Article
1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating
to regulation of hospitals and related institutions, is amended by adding a new
Code section to read as follows:
"31-7-11.1.
(a)
Prior to providing elective nonemergency medical treatment, including surgery,
to an uninsured patient, a hospital licensed under this article shall provide to
such patient:
(1)
A written good faith estimate of reasonably anticipated charges for the
treatment;
(2)
The rate of payment for the treatment to the hospital that has been negotiated
by or on behalf of the hospital with the managed care company that has the
largest number of enrollees; and
(3)
The rate of payment for the treatment to the hospital under the medicare
program.
(b)
After providing elective nonemergency medical treatment, including surgery, to
an uninsured patient, a hospital licensed under this article shall provide to
such patient:
(1)
An itemized list of actual charges for the treatment;
(2)
The rate of payment for the treatment to the hospital that has been negotiated
by or on behalf of the hospital with the managed care company that has the
largest number of enrollees; and
(3)
The rate of payment for the treatment to the hospital under the medicare
program.
(c)(1)
Hospitals licensed under this article shall annually submit, in accordance with
rules and regulations of the department, the following:
(A)
A list of the 25 most frequently performed inpatient procedures by the hospital
and the frequency with which such procedures were performed;
(B)
A list of the 25 most frequently performed outpatient procedures by the hospital
and the frequency with which such procedures were performed; and
(C)
A list of the 50 most frequently prescribed medications by the hospital staff
and the frequency with which such medications were prescribed.
(2)
For each procedure and medication included in paragraph (1) of this subsection,
such information shall also include:
(A)
The average charge to the uninsured;
(B)
The rate of payment for the procedure or medication to the hospital that has
been negotiated by or on behalf of the hospital with the managed care company
that has the largest number of enrollees; and
(C)
The rate of payment for the procedure or medication to the hospital under the
medicare program.
(d)
A charge related legal action shall not be brought against a hospital by an
uninsured patient who received inpatient or outpatient elective nonemergency
medical treatment if:
(1)
The hospital has fully complied with this Code section; and
(2)
The uninsured patient signed a written agreement with the hospital prior to
receiving the treatment that he or she agreed to pay a certain price for such
treatment."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.