| 144 | | - | open discussion and any applicable ante litem provision shall be tolled from the date such134 |
|---|
| 145 | | - | patient agrees in writing to engage in an open discussion to the date of resolution of the135 |
|---|
| 146 | | - | open discussion or the date the patient retains an attorney regarding the adverse136 |
|---|
| 147 | | - | healthcare incident, whichever occurs first.137 |
|---|
| 148 | | - | - 6 - 24 LC 49 1933S |
|---|
| 149 | | - | 24-12-42.138 |
|---|
| 150 | | - | (a) If a healthcare provider or health facility determines that an offer of compensation is139 |
|---|
| 151 | | - | warranted, the healthcare provider or health facility shall provide the patient with a written140 |
|---|
| 152 | | - | offer of compensation within 60 days of the date of the patient agreeing in writing to141 |
|---|
| 153 | | - | engage in an open discussion, unless the parties otherwise agree to an extension in writing.142 |
|---|
| 154 | | - | (b) When a healthcare provider or health facility desires to make an offer of compensation143 |
|---|
| 155 | | - | under subsection (a) of this Code section and the patient is not represented by an attorney,144 |
|---|
| 156 | | - | such healthcare provider or health facility shall provide such patient a pro se notice prior145 |
|---|
| 157 | | - | to making an offer of compensation, and failure to comply with this subsection shall:146 |
|---|
| 158 | | - | (1) Result in the offer of compensation being admissible and not having the legal147 |
|---|
| 159 | | - | protections set forth in subsections (a) and (c) of Code Section 24-12-43; and148 |
|---|
| 160 | | - | (2) Make any resolution with the patient voidable by the patient.149 |
|---|
| 161 | | - | (c) Except for an offer of compensation under subsection (a) of this Code section, open150 |
|---|
| 162 | | - | discussion communications between the healthcare provider or health facility and the151 |
|---|
| 163 | | - | patient about the compensation offered under subsection (a) of this Code section shall not152 |
|---|
| 164 | | - | be in writing.153 |
|---|
| 165 | | - | (d) Any compensation made by a healthcare provider or health facility to a patient under154 |
|---|
| 166 | | - | this article shall not be construed as compensation resulting from:155 |
|---|
| 167 | | - | (1) A written claim or demand for payment; or156 |
|---|
| 168 | | - | (2) A medical malpractice claim, judgment, arbitration award, or settlement.157 |
|---|
| 169 | | - | (e) As a condition of an offer of compensation under this Code section, a healthcare158 |
|---|
| 170 | | - | provider or health facility may require a patient to execute all documents and obtain any159 |
|---|
| 171 | | - | necessary court approval to resolve an adverse healthcare incident.160 |
|---|
| 172 | | - | 24-12-43.161 |
|---|
| 173 | | - | (a) An open discussion invitation in compliance with subsection (c) of Code162 |
|---|
| 174 | | - | Section 24-12-41 and open discussion communications:163 |
|---|
| 175 | | - | - 7 - 24 LC 49 1933S |
|---|
| 176 | | - | (1) Shall not constitute an admission of liability;164 |
|---|
| 177 | | - | (2) Are privileged and confidential and shall not be disclosed;165 |
|---|
| 178 | | - | (3) Are not admissible as evidence in any subsequent judicial, administrative, or166 |
|---|
| 179 | | - | arbitration proceeding arising out of the adverse healthcare incident;167 |
|---|
| 180 | | - | (4) Are not subject to discovery, subpoena, or other means of legal compulsion for168 |
|---|
| 181 | | - | release; and169 |
|---|
| 182 | | - | (5) Shall not be disclosed by any party or person in any subsequent judicial,170 |
|---|
| 183 | | - | administrative, or arbitration proceeding arising out of the adverse healthcare incident.171 |
|---|
| 184 | | - | (b) This Code section shall not be construed to:172 |
|---|
| 185 | | - | (1) Require the exclusion of any evidence otherwise discoverable merely because it is173 |
|---|
| 186 | | - | presented or learned of in the course of an open discussion; or174 |
|---|
| 187 | | - | (2) Create a valid objection to a discovery request of otherwise discoverable information175 |
|---|
| 188 | | - | under Code Section 9-11-26 merely because the subject matter of such discovery request176 |
|---|
| 189 | | - | was presented or learned of during open discussion.177 |
|---|
| 190 | | - | (c) The limitation on disclosure imposed by subsection (a) of this Code section includes178 |
|---|
| 191 | | - | such disclosure during any discovery conducted as part of a subsequent adjudicatory179 |
|---|
| 192 | | - | proceeding arising out of the adverse healthcare incident, and a court or other adjudicatory180 |
|---|
| 193 | | - | body shall not compel any party or person who engages in open discussion under this181 |
|---|
| 194 | | - | article to disclose the open discussion invitation or the open discussion communications182 |
|---|
| 195 | | - | made pursuant to this article.183 |
|---|
| 196 | | - | (d) This Code section shall not be construed to affect any other law, rule, or requirement184 |
|---|
| 197 | | - | with respect to confidentiality.185 |
|---|
| 198 | | - | 24-12-44.186 |
|---|
| 199 | | - | (a) A healthcare provider or health facility that participates in open discussion under this187 |
|---|
| 200 | | - | article may provide de-identified information about an adverse healthcare incident to any188 |
|---|
| 201 | | - | - 8 - 24 LC 49 1933S |
|---|
| 202 | | - | patient safety centered nonprofit organization for use in patient safety research and189 |
|---|
| 203 | | - | education.190 |
|---|
| 204 | | - | (b) Disclosure of de-identified information under subsection (a) of this Code section:191 |
|---|
| 205 | | - | (1) Does not constitute a waiver of the privilege specified in Code Section 24-12-43; and192 |
|---|
| 206 | | - | (2) Is not a violation of the confidentiality requirements of Code Section 24-12-43.193 |
|---|
| 207 | | - | 24-12-45.194 |
|---|
| 208 | | - | No person or entity, whether the patient, a healthcare provider, or a health facility, shall be195 |
|---|
| 209 | | - | compelled to participate in the open discussion. Participation is strictly voluntary, and no196 |
|---|
| 210 | | - | employer may exert pressure or coercion of any kind on an employee for participation. 197 |
|---|
| 211 | | - | Any employee who is asked to participate shall also be given access, at the employer's198 |
|---|
| 212 | | - | expense, to an independent attorney for consultation. All participants have a right to have199 |
|---|
| 213 | | - | an attorney with them during the open discussion. Any participants may disengage at any200 |
|---|
| 214 | | - | time before a resolution."201 |
|---|
| 215 | | - | PART II202 |
|---|
| 216 | | - | SECTION 2-1.203 |
|---|
| 217 | | - | Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records,204 |
|---|
| 218 | | - | is amended by revising the definitions in Code Section 31-33-1, as follows:205 |
|---|
| 219 | | - | "31-33-1.206 |
|---|
| 220 | | - | As used in this chapter, the term:207 |
|---|
| 221 | | - | (1) 'Patient' means any person who has received health care services from a provider.208 |
|---|
| 222 | | - | (2) 'Provider' means all hospitals, including public, private, osteopathic, and tuberculosis209 |
|---|
| 223 | | - | hospitals; other special care units, including podiatric facilities, skilled nursing facilities,210 |
|---|
| 224 | | - | and kidney disease treatment centers, including freestanding hemodialysis units;211 |
|---|
| 225 | | - | intermediate care facilities; ambulatory surgical or obstetrical facilities; health212 |
|---|
| 226 | | - | - 9 - 24 LC 49 1933S |
|---|
| 227 | | - | maintenance organizations; and home health agencies; diagnostic testing and imaging213 |
|---|
| 228 | | - | centers; and surgery centers. It shall also mean any person licensed to practice under214 |
|---|
| 229 | | - | Chapter 9, 11, 26, 34, 35, or 39 of Title 43, including any health care entity where such215 |
|---|
| 230 | | - | person rendered treatment, care, or testing.216 |
|---|
| 231 | | - | (3) 'Record' means a patient's health record, including, but not limited to, evaluations,217 |
|---|
| 232 | | - | diagnoses, prognoses, laboratory reports, biopsy slides, X-rays, prescriptions, and other218 |
|---|
| 233 | | - | such items or technical information used in assessing the patient's condition, or the219 |
|---|
| 234 | | - | pertinent portion of the record relating to a specific condition or a summary of the record,220 |
|---|
| 235 | | - | or medical bills for health care services provided to the patient by the provider."221 |
|---|
| 236 | | - | SECTION 2-2.222 |
|---|
| 237 | | - | Said chapter is further amended by revising subsections (a) and (b) of Code Section 31-33-2,223 |
|---|
| 238 | | - | relating to furnishing copy of health records, and adding a new subsection as follows:224 |
|---|
| 239 | | - | "(a)(1)(A) A provider having custody and control of any item evaluation, diagnosis,225 |
|---|
| 240 | | - | prognosis, laboratory report, or biopsy slide in a patient's record shall retain such item226 |
|---|
| 241 | | - | for a period of not less than ten years from the date such item was created.227 |
|---|
| 242 | | - | (B) The requirements of subparagraph (A) of this paragraph shall not apply to:228 |
|---|
| 243 | | - | (i) An individual provider who has retired from or sold his or her professional229 |
|---|
| 244 | | - | practice if such provider has notified the patient of such retirement or sale and offered230 |
|---|
| 245 | | - | to provide such items in the patient's record or copies thereof to another provider of231 |
|---|
| 246 | | - | the patient's choice and, if the patient so requests, to the patient; or232 |
|---|
| 247 | | - | (ii) A hospital which is an institution as defined in subparagraph (A) of paragraph (4)233 |
|---|
| 248 | | - | of Code Section 31-7-1, which shall retain patient records in accordance with rules234 |
|---|
| 249 | | - | and regulations for hospitals as issued pursuant to Code Section 31-7-2.235 |
|---|
| 250 | | - | (2) Upon written request from the patient or a person authorized to have access to the236 |
|---|
| 251 | | - | patient's record under an advance directive for health care, a psychiatric advance237 |
|---|
| 252 | | - | directive, or a durable power of attorney for health care for such patient, the provider238 |
|---|
| 253 | | - | - 10 - 24 LC 49 1933S |
|---|
| 254 | | - | having custody and control of the patient's record shall furnish a complete and current239 |
|---|
| 255 | | - | copy of that record, in accordance with the provisions of this Code section. If the patient240 |
|---|
| 256 | | - | is deceased, such request may be made by the following persons:241 |
|---|
| 257 | | - | (A) The executor, administrator, or temporary administrator for the decedent's estate242 |
|---|
| 258 | | - | if such person has been appointed;243 |
|---|
| 259 | | - | (B) If an executor, administrator, or temporary administrator for the decedent's estate244 |
|---|
| 260 | | - | has not been appointed, by the surviving spouse;245 |
|---|
| 261 | | - | (C) If there is no surviving spouse, by any surviving child; and246 |
|---|
| 262 | | - | (D) If there is no surviving child, by any parent.247 |
|---|
| 263 | | - | (b)(1) Any record requested under subsection (a) of this Code section shall within 30248 |
|---|
| 264 | | - | days of the receipt of a request for records be furnished to the patient, any other provider249 |
|---|
| 265 | | - | designated by the patient, any person authorized by paragraph (2) of subsection (a) of this250 |
|---|
| 266 | | - | Code section to request a patient's or deceased patient's medical records, or any other251 |
|---|
| 267 | | - | person designated by the patient;252 |
|---|
| 268 | | - | (2) Such record shall be furnished in electronic form, if so requested, to the extent the253 |
|---|
| 269 | | - | provider retains the record in electronic form, and provide the remainder, if any, within254 |
|---|
| 270 | | - | a reasonable time not to exceed ten days after the date the record in electronic form was255 |
|---|
| 271 | | - | due.256 |
|---|
| 272 | | - | (3) Such record request shall be accompanied by:257 |
|---|
| 273 | | - | (1)(A) An authorization in compliance with the federal Health Insurance Portability258 |
|---|
| 274 | | - | and Accountability Act of 1996, 42 U.S.C. Section 1320d-2, et seq., and regulations259 |
|---|
| 275 | | - | implementing such act; and260 |
|---|
| 276 | | - | (2)(B) A signed written authorization as specified in subsection (d) of this Code261 |
|---|
| 277 | | - | section.262 |
|---|
| 278 | | - | (c) Receipt of a request for records shall be deemed conclusive by any of the following:263 |
|---|
| 279 | | - | (1) A signed return receipt for certified mail correctly addressed;264 |
|---|
| 280 | | - | - 11 - 24 LC 49 1933S |
|---|
| 281 | | - | (2) Confirmation of email or facsimile transmission to the correct email address or265 |
|---|
| 282 | | - | telephone number, or266 |
|---|
| 283 | | - | (3) Proof of delivery via overnight delivery service.267 |
|---|
| 284 | | - | (c)(d) If the provider reasonably determines that disclosure of the record to the patient will268 |
|---|
| 285 | | - | be detrimental to the physical or mental health of the patient, the provider may refuse to269 |
|---|
| 286 | | - | furnish the record; however, upon such refusal, the patient's record shall, upon written270 |
|---|
| 287 | | - | request by the patient, be furnished to any other provider designated by the patient.271 |
|---|
| 288 | | - | (d)(e) A provider shall not be required to release records in accordance with this Code272 |
|---|
| 289 | | - | section unless and until the requesting person has furnished the provider with a signed273 |
|---|
| 290 | | - | written authorization indicating that he or she is an authorized person entitled authorized274 |
|---|
| 291 | | - | to have access to the patient's records by paragraph (2) of subsection (a) of pursuant to this275 |
|---|
| 292 | | - | Code section. Any provider shall be justified in relying upon such written authorization.276 |
|---|
| 293 | | - | (e)(f) Any provider or person who in good faith releases copies of medical records in277 |
|---|
| 294 | | - | accordance with this Code section shall not be found to have violated any criminal law or278 |
|---|
| 295 | | - | to be civilly liable to the patient, the deceased patient's estate, or to any other person."279 |
|---|
| 296 | | - | SECTION 2-3.280 |
|---|
| 297 | | - | Said chapter is further amended by revising Code Section 31-33-3, relating to the cost of281 |
|---|
| 298 | | - | copying and mailing health records, as follows:282 |
|---|
| 299 | | - | "31-33-3.283 |
|---|
| 300 | | - | (a)(1) Except as provided in subsection (d) of this Code section, the The party requesting284 |
|---|
| 301 | | - | the patient's records shall be responsible to the provider for the costs of copying and285 |
|---|
| 302 | | - | mailing producing the patient's record, and payment of such costs may be required by the286 |
|---|
| 303 | | - | provider prior to the records being furnished.287 |
|---|
| 304 | | - | (2)(A) A charge of up to $20.00 may be collected for search, retrieval, and other direct288 |
|---|
| 305 | | - | administrative costs related to compliance with the such request under this chapter. A289 |
|---|
| 306 | | - | fee for certifying the medical records may also be charged not to exceed $7.50 for each290 |
|---|
| 307 | | - | - 12 - 24 LC 49 1933S |
|---|
| 308 | | - | record certified. A fee for certifying all records produced pursuant to a request may291 |
|---|
| 309 | | - | also be charged not to exceed $7.50.292 |
|---|
| 310 | | - | (B) The actual cost of postage incurred in mailing the such requested records may also293 |
|---|
| 311 | | - | be charged. In addition, the294 |
|---|
| 312 | | - | (C) The copying production costs for such a record which is in paper form shall not295 |
|---|
| 313 | | - | exceed:296 |
|---|
| 314 | | - | (i) $.75 per page for the first 20 pages of the patient's records which are copied297 |
|---|
| 315 | | - | produced;298 |
|---|
| 316 | | - | (ii) $.65 per page for pages 21 through 100; and299 |
|---|
| 317 | | - | (iii) $.50 for each page copied produced in excess of 100 pages.300 |
|---|
| 318 | | - | (D) The provider shall, upon request, provide a cost estimate before producing such301 |
|---|
| 319 | | - | records.302 |
|---|
| 320 | | - | (E) Notwithstanding any other provision of this Code section to the contrary, for303 |
|---|
| 321 | | - | records requested to be furnished in electronic form, and to the extent the provider304 |
|---|
| 322 | | - | retains such records in electronic form, a provider may charge:305 |
|---|
| 323 | | - | (i) A fee not to exceed $20 for search, retrieval, or other direct administrative costs306 |
|---|
| 324 | | - | related to compliance with such request;307 |
|---|
| 325 | | - | (ii) A fee not to exceed $7.50 for certifying all records produced pursuant to a308 |
|---|
| 326 | | - | request; and309 |
|---|
| 327 | | - | (iii) A per-page fee as provided under subparagraph (C) of this paragraph.310 |
|---|
| 328 | | - | (F) Notwithstanding any other provisions of this Code section to the contrary, the fees311 |
|---|
| 329 | | - | allowed under this Code Section may not exceed the limits imposed by federal law.312 |
|---|
| 330 | | - | (b) All of the fees allowed by this Code section may be adjusted annually in accordance313 |
|---|
| 331 | | - | with the medical component of the consumer price index. The Department of Community314 |
|---|
| 332 | | - | Health shall be responsible for calculating this annual adjustment, which will become315 |
|---|
| 333 | | - | effective on July 1 of each year.316 |
|---|
| 334 | | - | - 13 - 24 LC 49 1933S |
|---|
| 335 | | - | (c) To the extent the request for medical records includes portions of records which are not317 |
|---|
| 336 | | - | in paper or electronic form, including but not limited to radiology films, models, or fetal318 |
|---|
| 337 | | - | monitoring strips, the provider shall:319 |
|---|
| 338 | | - | (1) Be be entitled to recover the full reasonable cost of such reproduction; and320 |
|---|
| 339 | | - | (2) Upon request, provide a cost estimate before producing such records.321 |
|---|
| 340 | | - | Payment of such costs may be required by the provider prior to the records being furnished.322 |
|---|
| 341 | | - | (d) Notwithstanding any provision to the contrary, no provider shall charge a fee for record323 |
|---|
| 342 | | - | requests made This subsection shall not apply to records requested in order to make or324 |
|---|
| 343 | | - | complete an application for a disability benefits program.325 |
|---|
| 344 | | - | (b)(e) The rights granted to a patient or other person under this chapter are in addition to326 |
|---|
| 345 | | - | any other rights such patient or person may have relating to access to a patient's records;327 |
|---|
| 346 | | - | however, nothing in this chapter shall be construed as granting to a patient or person any328 |
|---|
| 347 | | - | right of ownership in the records, as such records are owned by and are the property of the329 |
|---|
| 348 | | - | provider.330 |
|---|
| 349 | | - | (c)(f) This Code section shall apply to psychiatric, psychological, and other mental health331 |
|---|
| 350 | | - | records of a patient."332 |
|---|
| 351 | | - | PART III333 |
|---|
| 352 | | - | SECTION 3-1.334 |
|---|
| 353 | | - | This Act shall become effective on July 1, 2024.335 |
|---|
| 354 | | - | SECTION 3-2.336 |
|---|
| 355 | | - | All laws and parts of laws in conflict with this Act are repealed.337 |
|---|
| 145 | + | open discussion and any applicable ante litem provision shall be tolled for any healthcare134 |
|---|
| 146 | + | provider or health facility that participates in open discussion to the date of resolution of135 |
|---|
| 147 | + | the open discussion or the date the patient retains an attorney regarding the adverse136 |
|---|
| 148 | + | healthcare incident, whichever occurs first; provided, however, that such tolling shall137 23 LC 44 2380S |
|---|
| 149 | + | - 7 - |
|---|
| 150 | + | only begin one year from the date the patient knew of the adverse healthcare incident, or,138 |
|---|
| 151 | + | through the use of diligence, should have known of the adverse healthcare incident.139 |
|---|
| 152 | + | 24-12-42.140 |
|---|
| 153 | + | (a) If a healthcare provider or health facility determines that an offer of compensation is141 |
|---|
| 154 | + | warranted, the healthcare provider or health facility shall provide the patient with a written142 |
|---|
| 155 | + | offer of compensation within 60 days of the date of the patient agreeing in writing to143 |
|---|
| 156 | + | engage in an open discussion, unless the parties otherwise agree to an extension in writing.144 |
|---|
| 157 | + | (b) When a healthcare provider or health facility desires to make an offer of compensation145 |
|---|
| 158 | + | under subsection (a) of this Code section and the patient is not represented by an attorney,146 |
|---|
| 159 | + | such healthcare provider or health facility shall provide such patient a pro se notice prior147 |
|---|
| 160 | + | to making an offer of compensation, and failure to comply with this subsection shall:148 |
|---|
| 161 | + | (1) Result in the offer of compensation being admissible and not having the legal149 |
|---|
| 162 | + | protections set forth in subsections (a) and (d) of Code Section 24-12-43; and150 |
|---|
| 163 | + | (2) Make any resolution with the patient voidable by the patient.151 |
|---|
| 164 | + | (c) Except for an offer of compensation under subsection (a) of this Code section, open152 |
|---|
| 165 | + | discussion communications between the healthcare provider or health facility and the153 |
|---|
| 166 | + | patient about the compensation offered under subsection (a) of this Code section shall not154 |
|---|
| 167 | + | be in writing.155 |
|---|
| 168 | + | (d) Any compensation made by a healthcare provider or health facility to a patient under156 |
|---|
| 169 | + | this article shall not be construed as compensation resulting from:157 |
|---|
| 170 | + | (1) A written claim or demand for payment; or158 |
|---|
| 171 | + | (2) A medical malpractice claim, judgment, arbitration award, or settlement.159 |
|---|
| 172 | + | (e) As a condition of an offer of compensation under this Code section, a healthcare160 |
|---|
| 173 | + | provider or health facility may require a patient to execute all documents and obtain any161 |
|---|
| 174 | + | necessary court approval to resolve an adverse healthcare incident.162 23 LC 44 2380S |
|---|
| 175 | + | - 8 - |
|---|
| 176 | + | 24-12-43.163 |
|---|
| 177 | + | (a) An open discussion invitation in compliance with subsection (c) of Code164 |
|---|
| 178 | + | Section 24-12-41 and open discussion communications:165 |
|---|
| 179 | + | (1) Shall not constitute an admission of liability;166 |
|---|
| 180 | + | (2) Are privileged and confidential and shall not be disclosed;167 |
|---|
| 181 | + | (3) Are not admissible as evidence in any subsequent judicial, administrative, or168 |
|---|
| 182 | + | arbitration proceeding arising out of the adverse healthcare incident;169 |
|---|
| 183 | + | (4) Are not subject to discovery, subpoena, or other means of legal compulsion for170 |
|---|
| 184 | + | release; and171 |
|---|
| 185 | + | (5) Shall not be disclosed by any party or person in any subsequent judicial,172 |
|---|
| 186 | + | administrative, or arbitration proceeding arising out of the adverse healthcare incident.173 |
|---|
| 187 | + | (b) The decision of a healthcare provider or health facility to not send an open discussion174 |
|---|
| 188 | + | invitation or to not make an offer of compensation to a patient shall not be admissible in175 |
|---|
| 189 | + | any subsequent judicial, administrative, or arbitration proceeding arising out of the adverse176 |
|---|
| 190 | + | healthcare incident and shall not be grounds for the recovery of attorney's fees and177 |
|---|
| 191 | + | expenses of litigation.178 |
|---|
| 192 | + | (c) This Code section shall not be construed to:179 |
|---|
| 193 | + | (1) Require the exclusion of any evidence otherwise discoverable merely because it is180 |
|---|
| 194 | + | presented or learned of in the course of an open discussion; or181 |
|---|
| 195 | + | (2) Create a valid objection to a discovery request of otherwise discoverable information182 |
|---|
| 196 | + | under Code Section 9-11-26 merely because the subject matter of such discovery request183 |
|---|
| 197 | + | was presented or learned of during open discussion.184 |
|---|
| 198 | + | (d) The limitation on disclosure imposed by subsection (a) of this Code section includes185 |
|---|
| 199 | + | such disclosure during any discovery conducted as part of a subsequent adjudicatory186 |
|---|
| 200 | + | proceeding arising out of the adverse healthcare incident, and a court or other adjudicatory187 |
|---|
| 201 | + | body shall not compel any party or person who engages in open discussion under this188 23 LC 44 2380S |
|---|
| 202 | + | - 9 - |
|---|
| 203 | + | article to disclose the open discussion invitation or the open discussion communications189 |
|---|
| 204 | + | made pursuant to this article.190 |
|---|
| 205 | + | (e) This Code section shall not be construed to affect any other law, rule, or requirement191 |
|---|
| 206 | + | with respect to confidentiality or privilege.192 |
|---|
| 207 | + | 24-12-44.193 |
|---|
| 208 | + | (a) A healthcare provider or health facility that participates in open discussion under this194 |
|---|
| 209 | + | article may provide de-identified information about an adverse healthcare incident to any195 |
|---|
| 210 | + | patient safety centered nonprofit organization for use in patient safety research and196 |
|---|
| 211 | + | education.197 |
|---|
| 212 | + | (b) Disclosure of de-identified information under subsection (a) of this Code section:198 |
|---|
| 213 | + | (1) Does not constitute a waiver of the privilege specified in Code Section 24-12-43; and199 |
|---|
| 214 | + | (2) Is not a violation of the confidentiality requirements of Code Section 24-12-43.200 |
|---|
| 215 | + | 24-12-45.201 |
|---|
| 216 | + | No person or entity, whether the patient, a healthcare provider, or a health facility, shall be202 |
|---|
| 217 | + | compelled to participate in the open discussion. Participation is strictly voluntary, and no203 |
|---|
| 218 | + | employer may exert pressure or coercion of any kind on an employee for participation.204 |
|---|
| 219 | + | Any employee who is asked to participate shall also be given access, at the employer's205 |
|---|
| 220 | + | expense, to an independent attorney for consultation. All participants have a right to have206 |
|---|
| 221 | + | an attorney with them during the open discussion. Any participants may disengage at any207 |
|---|
| 222 | + | time before a resolution."208 23 LC 44 2380S |
|---|
| 223 | + | - 10 - |
|---|
| 224 | + | PART II209 |
|---|
| 225 | + | SECTION 2-1.210 |
|---|
| 226 | + | Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records,211 |
|---|
| 227 | + | is amended by revising the definitions in Code Section 31-33-1, as follows:212 |
|---|
| 228 | + | "31-33-1.213 |
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| 229 | + | As used in this chapter, the term:214 |
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| 230 | + | (1) 'Patient' means any person who has received health care services from a provider.215 |
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| 231 | + | (2) 'Provider' means all hospitals, including public, private, osteopathic, and tuberculosis216 |
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| 232 | + | hospitals; other special care units, including podiatric facilities, skilled nursing facilities,217 |
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| 233 | + | and kidney disease treatment centers, including freestanding hemodialysis units;218 |
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| 234 | + | intermediate care facilities; ambulatory surgical or obstetrical facilities; health219 |
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| 235 | + | maintenance organizations; and home health agencies; diagnostic testing and imaging220 |
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| 236 | + | centers; and surgery centers. It shall also mean any person licensed to practice under221 |
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| 237 | + | Chapter 9, 11, 26, 34, 35, or 39 of Title 43, including any health care entity where such222 |
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| 238 | + | person rendered treatment, care, or testing.223 |
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| 239 | + | (3) 'Record' means a patient's health record, including, but not limited to, evaluations,224 |
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| 240 | + | diagnoses, prognoses, laboratory reports, biopsy slides, X-rays, prescriptions, and other225 |
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| 241 | + | such items or technical information used in assessing the patient's condition, or the226 |
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| 242 | + | pertinent portion of the record relating to a specific condition or a summary of the record,227 |
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| 243 | + | or medical bills for health care services provided to the patient by the provider."228 |
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| 244 | + | SECTION 2-2.229 |
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| 245 | + | Said chapter is further amended by revising subsections (a) and (b) of Code Section 31-33-2,230 |
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| 246 | + | relating to furnishing copy of health records, and adding a new subsection as follows:231 23 LC 44 2380S |
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| 247 | + | - 11 - |
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| 248 | + | "(a)(1)(A) A provider having custody and control of any item evaluation, diagnosis,232 |
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| 249 | + | prognosis, laboratory report, or biopsy slide in a patient's record shall retain such item233 |
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| 250 | + | for a period of not less than ten years from the date such item was created.234 |
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| 251 | + | (B) The requirements of subparagraph (A) of this paragraph shall not apply to:235 |
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| 252 | + | (i) An individual provider who has retired from or sold his or her professional236 |
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| 253 | + | practice if such provider has notified the patient of such retirement or sale and offered237 |
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| 254 | + | to provide such items in the patient's record or copies thereof to another provider of238 |
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| 255 | + | the patient's choice and, if the patient so requests, to the patient; or239 |
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| 256 | + | (ii) A hospital which is an institution as defined in subparagraph (A) of paragraph (4)240 |
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| 257 | + | of Code Section 31-7-1, which shall retain patient records in accordance with rules241 |
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| 258 | + | and regulations for hospitals as issued pursuant to Code Section 31-7-2.242 |
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| 259 | + | (2) Upon written request from the patient or a person authorized to have access to the243 |
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| 260 | + | patient's record under an advance directive for health care, a psychiatric advance244 |
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| 261 | + | directive, or a durable power of attorney for health care for such patient, the provider245 |
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| 262 | + | having custody and control of the patient's record shall furnish a complete and current246 |
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| 263 | + | copy of that record, in accordance with the provisions of this Code section. If the patient247 |
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| 264 | + | is deceased, such request may be made by the following persons:248 |
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| 265 | + | (A) The executor, administrator, or temporary administrator for the decedent's estate249 |
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| 266 | + | if such person has been appointed;250 |
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| 267 | + | (B) If an executor, administrator, or temporary administrator for the decedent's estate251 |
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| 268 | + | has not been appointed, by the surviving spouse;252 |
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| 269 | + | (C) If there is no surviving spouse, by any surviving child; and253 |
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| 270 | + | (D) If there is no surviving child, by any parent.254 |
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| 271 | + | (b)(1) Any record requested under subsection (a) of this Code section shall within 30255 |
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| 272 | + | days of the receipt of a request for records be furnished to the patient, any other provider256 |
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| 273 | + | designated by the patient, any person authorized by paragraph (2) of subsection (a) of this257 23 LC 44 2380S |
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| 274 | + | - 12 - |
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| 275 | + | Code section to request a patient's or deceased patient's medical records, or any other258 |
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| 276 | + | person designated by the patient;259 |
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| 277 | + | (2) Such record shall be furnished in electronic form, if so requested, to the extent the260 |
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| 278 | + | provider retains the record in electronic form, and provide the remainder, if any, within261 |
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| 279 | + | a reasonable time not to exceed ten days after the date the record in electronic form was262 |
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| 280 | + | due; and263 |
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| 281 | + | (3) Such record request shall be accompanied by:264 |
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| 282 | + | (1)(A) An authorization in compliance with the federal Health Insurance Portability265 |
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| 283 | + | and Accountability Act of 1996, 42 U.S.C. Section 1320d-2, et seq., and regulations266 |
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| 284 | + | implementing such act; and267 |
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| 285 | + | (2)(B) A signed written authorization as specified in subsection (d)(e) of this Code268 |
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| 286 | + | section.269 |
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| 287 | + | (c) Receipt of a request for records shall be deemed conclusive by any of the following:270 |
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| 288 | + | (1) A signed return receipt for certified mail correctly addressed;271 |
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| 289 | + | (2) Confirmation of email or facsimile transmission to the correct email address or272 |
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| 290 | + | telephone number, or273 |
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| 291 | + | (3) Proof of delivery via overnight delivery service.274 |
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| 292 | + | (c)(d) If the provider reasonably determines that disclosure of the record to the patient will275 |
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| 293 | + | be detrimental to the physical or mental health of the patient, the provider may refuse to276 |
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| 294 | + | furnish the record; however, upon such refusal, the patient's record shall, upon written277 |
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| 295 | + | request by the patient, be furnished to any other provider designated by the patient.278 |
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| 296 | + | (d)(e) A provider shall not be required to release records in accordance with this Code279 |
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| 297 | + | section unless and until the requesting person has furnished the provider with a signed280 |
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| 298 | + | written authorization indicating that he or she is an authorized person entitled authorized281 |
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| 299 | + | to have access to the patient's records by paragraph (2) of subsection (a) of pursuant to this282 |
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| 300 | + | Code section. Any provider shall be justified in relying upon such written authorization.283 23 LC 44 2380S |
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| 301 | + | - 13 - |
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| 302 | + | (e)(f) Any provider or person who in good faith releases copies of medical records in284 |
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| 303 | + | accordance with this Code section shall not be found to have violated any criminal law or285 |
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| 304 | + | to be civilly liable to the patient, the deceased patient's estate, or to any other person."286 |
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| 305 | + | SECTION 2-3.287 |
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| 306 | + | Said chapter is further amended by revising Code Section 31-33-3, relating to the cost of288 |
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| 307 | + | copying and mailing health records, as follows:289 |
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| 308 | + | "31-33-3.290 |
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| 309 | + | (a)(1) Except as provided in subsection (d) of this Code section, the The party requesting291 |
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| 310 | + | the patient's records shall be responsible to the provider for the costs of copying and292 |
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| 311 | + | mailing producing the patient's record, and payment of such costs may be required by the293 |
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| 312 | + | provider prior to the records being furnished.294 |
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| 313 | + | (2)(A) A charge of up to $20.00 may be collected for search, retrieval, and other direct295 |
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| 314 | + | administrative costs related to compliance with the such request under this chapter. A296 |
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| 315 | + | fee for certifying the medical records may also be charged not to exceed $7.50 for each297 |
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| 316 | + | record certified. A fee for certifying all records produced pursuant to a request may298 |
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| 317 | + | also be charged not to exceed $7.50;299 |
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| 318 | + | (B) The actual cost of postage incurred in mailing the such requested records may also300 |
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| 319 | + | be charged. In addition, the;301 |
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| 320 | + | (C) The copying production costs for such a record which is in paper form shall not302 |
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| 321 | + | exceed:303 |
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| 322 | + | (i) $.75 per page for the first 20 pages of the patient's records which are copied304 |
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| 323 | + | produced;305 |
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| 324 | + | (ii) $.65 per page for pages 21 through 100; and306 |
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| 325 | + | (iii) $.50 for each page copied produced in excess of 100 pages; and307 |
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| 326 | + | (D) The provider shall, upon request, provide a cost estimate before producing such308 |
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| 327 | + | records.309 23 LC 44 2380S |
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