| 1 | 1 | | 25 LC 61 0024 |
|---|
| 2 | 2 | | House Bill 46 |
|---|
| 3 | 3 | | By: Representatives Davis of the 87 |
|---|
| 4 | 4 | | th |
|---|
| 5 | 5 | | , Schofield of the 63 |
|---|
| 6 | 6 | | rd |
|---|
| 7 | 7 | | , and Scott of the 76 |
|---|
| 8 | 8 | | th |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | A BILL TO BE ENTITLED |
|---|
| 11 | 11 | | AN ACT |
|---|
| 12 | 12 | | To amend Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, |
|---|
| 13 | 13 | | 1 |
|---|
| 14 | 14 | | relating to general provisions relative to the Department of Public Health, so as to provide2 |
|---|
| 15 | 15 | | for the composition of the Maternal Mortality Review Committee; to provide for causes for3 |
|---|
| 16 | 16 | | which members of the committee may be removed from office; to provide for reports to the4 |
|---|
| 17 | 17 | | General Assembly by the committee; to provide for the filling of vacancies on the committee;5 |
|---|
| 18 | 18 | | to provide for compliance with confidentiality laws; to provide for investigations and reports6 |
|---|
| 19 | 19 | | in response to unauthorized disclosures of confidential information; to provide for related7 |
|---|
| 20 | 20 | | matters; to repeal conflicting laws; and for other purposes.8 |
|---|
| 21 | 21 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
|---|
| 22 | 22 | | SECTION 1.10 |
|---|
| 23 | 23 | | Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to11 |
|---|
| 24 | 24 | | general provisions relative to the Department of Public Health, is amended by revising Code12 |
|---|
| 25 | 25 | | Section 31-2A-16, relating to Maternal Mortality Review Committee established, as follows:13 |
|---|
| 26 | 26 | | "31-2A-16.14 |
|---|
| 27 | 27 | | (a) The General Assembly finds that:15 |
|---|
| 28 | 28 | | (1) Georgia currently ranks fiftieth in maternal deaths in the United States;16 |
|---|
| 29 | 29 | | H. B. 46 |
|---|
| 30 | 30 | | - 1 - 25 LC 61 0024 |
|---|
| 31 | 31 | | (2) Maternal deaths are a serious public health concern and have a tremendous family |
|---|
| 32 | 32 | | 17 |
|---|
| 33 | 33 | | and societal impact;18 |
|---|
| 34 | 34 | | (3) Maternal deaths are significantly underestimated and inadequately documented,19 |
|---|
| 35 | 35 | | preventing efforts to identify and reduce or eliminate the causes of death;20 |
|---|
| 36 | 36 | | (4) No processes exist in this state for the confidential identification, investigation, or21 |
|---|
| 37 | 37 | | dissemination of findings regarding maternal deaths;22 |
|---|
| 38 | 38 | | (5) The federal Centers for Disease Control and Prevention has determined that maternal23 |
|---|
| 39 | 39 | | deaths should be investigated through state based maternal mortality reviews in order to24 |
|---|
| 40 | 40 | | institute the systemic changes needed to decrease maternal mortality; and25 |
|---|
| 41 | 41 | | (6) There is a need to establish a program to review maternal deaths and to develop26 |
|---|
| 42 | 42 | | strategies for the prevention of maternal deaths in Georgia.27 |
|---|
| 43 | 43 | | (b) The Department of Public Health |
|---|
| 44 | 44 | | department shall establish a Maternal Mortality28 |
|---|
| 45 | 45 | | Review Committee to review maternal deaths and to develop strategies for the prevention29 |
|---|
| 46 | 46 | | of maternal deaths. The committee shall be multidisciplinary and composed of members30 |
|---|
| 47 | 47 | | with expertise in healthcare and mental health care, representatives from community31 |
|---|
| 48 | 48 | | advocacy organizations, and other members as deemed appropriate by the department. The32 |
|---|
| 49 | 49 | | length of terms of members shall be determined by the department. The department may33 |
|---|
| 50 | 50 | | only remove members of the committee for the same causes as provided in Code34 |
|---|
| 51 | 51 | | Section 43-1-17. Any vacancy occurring on the committee shall be filled as soon as35 |
|---|
| 52 | 52 | | practicable. The department may contract with an external organization to assist in36 |
|---|
| 53 | 53 | | collecting, analyzing, and disseminating maternal mortality information, organizing and37 |
|---|
| 54 | 54 | | convening meetings of the committee, and other tasks as may be incident to these activities,38 |
|---|
| 55 | 55 | | including providing the necessary data, information, and resources to ensure successful39 |
|---|
| 56 | 56 | | completion of the ongoing review required by this Code section. 40 |
|---|
| 57 | 57 | | (c) The committee shall:41 |
|---|
| 58 | 58 | | (1) Identify maternal death cases;42 |
|---|
| 59 | 59 | | (2) Review medical records and other relevant data;43 |
|---|
| 60 | 60 | | H. B. 46 |
|---|
| 61 | 61 | | - 2 - 25 LC 61 0024 |
|---|
| 62 | 62 | | (3) Contact family members and other affected or involved persons to collect additional |
|---|
| 63 | 63 | | 44 |
|---|
| 64 | 64 | | relevant data;45 |
|---|
| 65 | 65 | | (4) Consult with relevant experts to evaluate the records and data;46 |
|---|
| 66 | 66 | | (5) Make determinations regarding the preventability of maternal deaths;47 |
|---|
| 67 | 67 | | (6) Develop recommendations for the prevention of maternal deaths; and |
|---|
| 68 | 68 | | 48 |
|---|
| 69 | 69 | | (7) Disseminate findings and recommendations to policy makers, health care healthcare49 |
|---|
| 70 | 70 | | providers, health care healthcare facilities, the General Assembly, and the general public;50 |
|---|
| 71 | 71 | | and51 |
|---|
| 72 | 72 | | (8) Comply with all applicable federal and state privacy and security laws, including the52 |
|---|
| 73 | 73 | | federal Health Insurance Portability and Accountability Act (HIPAA) of 1996,53 |
|---|
| 74 | 74 | | P.L. 104-191.54 |
|---|
| 75 | 75 | | (d)(1) Health care Healthcare providers licensed pursuant to Title 43, health care55 |
|---|
| 76 | 76 | | healthcare facilities licensed pursuant to Chapter 7 of Title 31 this title, and pharmacies56 |
|---|
| 77 | 77 | | licensed pursuant to Chapter 4 of Title 26 shall provide reasonable access to the57 |
|---|
| 78 | 78 | | committee to all relevant medical records associated with a case under review by the58 |
|---|
| 79 | 79 | | committee within 30 days of receiving a request for such records.59 |
|---|
| 80 | 80 | | (2) A health care healthcare provider, health care healthcare facility, or pharmacy60 |
|---|
| 81 | 81 | | providing access to medical records pursuant to this Code section shall not be held liable61 |
|---|
| 82 | 82 | | for civil damages or be subject to any criminal or disciplinary action for good faith efforts62 |
|---|
| 83 | 83 | | in providing such records.63 |
|---|
| 84 | 84 | | (e)(1) Information, records, reports, statements, notes, memoranda, or other data64 |
|---|
| 85 | 85 | | collected pursuant to this Code section shall not be admissible as evidence in any action65 |
|---|
| 86 | 86 | | of any kind in any court or before any other tribunal, board, agency, or person. Such66 |
|---|
| 87 | 87 | | information, records, reports, statements, notes, memoranda, or other data shall not be67 |
|---|
| 88 | 88 | | exhibited nor their contents disclosed in any way, in whole or in part, by any officer or68 |
|---|
| 89 | 89 | | representative of the department or any other person, except as may be necessary for the69 |
|---|
| 90 | 90 | | purpose of furthering the review of the committee of the case to which they relate. No70 |
|---|
| 91 | 91 | | H. B. 46 |
|---|
| 92 | 92 | | - 3 - 25 LC 61 0024 |
|---|
| 93 | 93 | | person participating in such review shall disclose, in any manner, the information so |
|---|
| 94 | 94 | | 71 |
|---|
| 95 | 95 | | obtained except in strict conformity with such review project.72 |
|---|
| 96 | 96 | | (2) All information, records of interviews, written reports, statements, notes, memoranda,73 |
|---|
| 97 | 97 | | or other data obtained by the department, the committee, and other persons, agencies, or74 |
|---|
| 98 | 98 | | organizations so authorized by the department pursuant to this Code section shall be75 |
|---|
| 99 | 99 | | confidential. If confidential information, records of interviews, written reports, |
|---|
| 100 | 100 | | 76 |
|---|
| 101 | 101 | | statements, notes, memoranda, or other data is disclosed by the department, the77 |
|---|
| 102 | 102 | | committee, or other persons, agencies, or organizations authorized by the department, the78 |
|---|
| 103 | 103 | | department shall immediately initiate an investigation of such disclosure and submit a79 |
|---|
| 104 | 104 | | report to the General Assembly and to the Attorney General.80 |
|---|
| 105 | 105 | | (f)(1) All proceedings and activities of the committee under this Code section, opinions81 |
|---|
| 106 | 106 | | of members of such committee formed as a result of such proceedings and activities, and82 |
|---|
| 107 | 107 | | records obtained, created, or maintained pursuant to this Code section, including records83 |
|---|
| 108 | 108 | | of interviews, written reports, and statements procured by the department or any other84 |
|---|
| 109 | 109 | | person, agency, or organization acting jointly or under contract with the department in85 |
|---|
| 110 | 110 | | connection with the requirements of this Code section, shall be confidential and shall not86 |
|---|
| 111 | 111 | | be subject to Chapter 14 of Title 50, relating to open meetings, or Article 4 of Chapter 1887 |
|---|
| 112 | 112 | | of Title 50, relating to open records, or subject to subpoena, discovery, or introduction88 |
|---|
| 113 | 113 | | into evidence in any civil or criminal proceeding; provided, however, that nothing in this89 |
|---|
| 114 | 114 | | Code section shall be construed to limit or restrict the right to discover or use in any civil90 |
|---|
| 115 | 115 | | or criminal proceeding anything that is available from another source and entirely91 |
|---|
| 116 | 116 | | independent of the committee's proceedings.92 |
|---|
| 117 | 117 | | (2) Members of the committee shall not be questioned in any civil or criminal proceeding93 |
|---|
| 118 | 118 | | regarding the information presented in or opinions formed as a result of a meeting or94 |
|---|
| 119 | 119 | | communication of the committee; provided, however, that nothing in this Code section95 |
|---|
| 120 | 120 | | shall be construed to prevent a member of the committee from testifying to information96 |
|---|
| 121 | 121 | | obtained independently of the committee or which is public information.97 |
|---|
| 122 | 122 | | H. B. 46 |
|---|
| 123 | 123 | | - 4 - 25 LC 61 0024 |
|---|
| 124 | 124 | | (g) Reports of aggregated nonindividually identifiable data shall be compiled on a routine |
|---|
| 125 | 125 | | 98 |
|---|
| 126 | 126 | | basis for distribution in an effort to further study the causes and problems associated with99 |
|---|
| 127 | 127 | | maternal deaths. A detailed annual report shall be submitted no later than October 1 to the100 |
|---|
| 128 | 128 | | Office of Health Strategy and Coordination."101 |
|---|
| 129 | 129 | | SECTION 2.102 |
|---|
| 130 | 130 | | All laws and parts of laws in conflict with this Act are repealed.103 |
|---|
| 131 | 131 | | H. B. 46 |
|---|
| 132 | 132 | | - 5 - |
|---|