25 LC 60 0110
House Bill 795
By: Representatives Cannon of the 58
th
, Hugley of the 141
st
, Gilliard of the 162
nd
, Miller of
the 62
nd
, and Berry of the 56
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated,
1
relating to the Department of Public Health generally, so as to establish an Infant Wellness2
Resource hotline service; to provide for the development and dissemination of materials3
promoting such hotline service; to provide for the development and implementation of4
training for staff of such hotline service; to provide for the Department of Administrative5
Services to select healthcare professionals to deliver healthcare services via telehealth6
through such hotline service; to provide certain persons participating in the activities of such7
hotline service with immunity from civil and criminal liability; to authorize rules and8
regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the12
Department of Public Health generally, is amended by adding a new Code section to read as13
follows:14
"31-2A-21.
15
(a) As used in this Code section, the term:16
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(1) 'Department' means the Department of Public Health.17
(2) 'Emergency' means a condition or set of circumstances demanding immediate18
attention to prevent death or substantial and irreversible physical impairment of a major19
bodily function.20
(3) 'Healthcare professional' means a physician, nurse, or other healthcare practitioner21
licensed, registered, or certified by the state to provide healthcare services consistent with22
his or her scope of practice.23
(4) 'Healthcare services' means services for the diagnosis, prevention, treatment, cure,24
or relief of a physical health condition, illness, injury, or disease.25
(5) 'Hotline service' means the Infant Wellness Resource hotline service established26
pursuant to this Code section.27
(6) 'Infant' means a child under three years of age.28
(7) 'Telehealth' means the use of electronic information and telecommunications29
technologies that include, at minimum, audio and video equipment permitting two-way,30
real-time interactive communication to support and promote long-distance healthcare31
services between a caller and a healthcare professional.32
(b) Subject to available funding, the department shall establish and maintain, on a 24 hour33
per day basis, an Infant Wellness Resource hotline service, which shall receive and respond34
to calls from persons who are seeking help for an infant who is experiencing a health issue35
or illness, in accordance with subsection (c) of this Code section, and for any other purpose36
provided for in this Code section.37
(c) Upon receipt of a call, hotline service staff shall promptly identify whether the call is38
an emergency. If hotline service staff deem that the call:39
(1) Is not an emergency, such staff shall either refer or directly connect the caller to40
appropriate state and local programs, healthcare services, healthcare professionals, and41
other resources that can be accessed by the caller and used to address, mitigate, and42
potentially eliminate the health issue or illness. Referrals and connections made pursuant43
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to this paragraph may be facilitated through the use of telephone or digital44
communications, including, but not limited to, text message, email, or online support45
chat. Hotline service staff shall not provide direct healthcare services. Callers referred46
for healthcare services under this paragraph shall be provided the opportunity to consult47
with an authorized healthcare professional via telehealth within two business days; or48
(2) Is an emergency, such staff shall immediately effectuate a warm hand-off of the49
caller to staff at 9-1-1 emergency services. A warm hand-off performed under this50
paragraph shall involve hotline service staff using teleconferencing technology to transfer51
the call; remaining on the line and accessible to the caller during the transfer of the call; 52
formally introducing the caller to the staff member receiving the call at 9-1-1 emergency53
services; and summarizing, for such receiving staff member, the information that54
necessitated the transfer of the call. At no time during a warm hand-off conducted55
pursuant to this paragraph shall a caller be placed on hold.56
(d) The Department of Administrative Services shall, in coordination with the department,57
select and contract with ten or more healthcare providers, as it deems necessary, to provide58
healthcare services via telehealth pursuant to this Code section. All healthcare services59
provided pursuant to such contracts shall be provided by healthcare professionals licensed60
to provide such services under the laws of this state. The factors used to select such61
healthcare professionals shall include, but shall not be limited to:62
(1) A demonstrated ability to maximize payment for healthcare services from63
commercial insurers and other third parties;64
(2) The ability to provide healthcare services in a language fluently spoken by the callers65
receiving such services;66
(3) A demonstrated record of providing healthcare services via telehealth to infants;67
(4) The ability to use information technology to track healthcare services provided and68
outcomes for program evaluation purposes; and69
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(5) A financial model that allows the healthcare professional to serve all callers,70
regardless of whether such callers make a copayment or have third-party insurance71
coverage.72
(e) The department shall, subject to the availability of funding, develop, implement, and73
disseminate materials and training, including, but not limited to, the following:74
(1) Training programs and curricula to be used in training hotline service staff to75
recognize and respond to an emergency; to identify the appropriate state and local76
programs, healthcare services, healthcare professionals, and resources for callers; and to77
use any technology related to carrying out the provisions of subsection (c) of this Code78
section;79
(2) Promotional materials to be placed in conspicuous places throughout the state in clear80
view of the public where similar notices are customarily posted; and81
(3) A description of the hotline service to be placed on the department's website.82
(f)(1) In addition to the general administration of the hotline service, funds appropriated83
for the hotline service may be expended for the following purposes:84
(A) Reimbursing healthcare professionals for healthcare services provided to callers85
who do not have coverage under government or private policies;86
(B) Developing and implementing training as provided in subsection (e) of this Code87
section; and88
(C) Developing and disseminating promotional materials as provided in subsection (e)89
of this Code section.90
(2) Funds appropriated for the hotline service shall not be used to reimburse any person91
for copayments required by a commercial insurance policy.92
(g) Any person or persons participating in making referrals to callers or connecting callers93
with state and local programs, healthcare services, healthcare professionals, and other94
resources pursuant to this Code section or participating in any judicial proceeding or any95
other proceeding resulting from such referrals or connections shall in so doing be immune96
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from any civil or criminal liability that might otherwise be incurred or imposed, provided97
that such participation pursuant to this Code section or any other law is made in good faith.98
(h) The department is authorized to adopt rules and regulations to implement the99
provisions of this Code section."100
SECTION 2.101
All laws and parts of laws in conflict with this Act are repealed.102
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