25 LC 57 0177
House Bill 89
By: Representatives Cooper of the 45
th
, Wade of the 9
th
, Gambill of the 15
th
, and Hong of the
103
rd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the
1
department of public health, so as to require healthcare providers, healthcare facilities, and2
pharmacies to provide the Maternal Mortality Review Committee with psychiatric or other3
clinical records; to provide for the establishment of the Regional Perinatal Center Advisory4
Committee; to provide for its composition and duties; to provide for assessment and5
recommendations to the commissioner of public health; to require that hospitals interested6
in being a designated regional perinatal center provide the department of public health with7
certain criteria; to provide that such department present a plan every four years; to provide8
for definitions; to amend Code Section 37-3-166 of the Official Code of Georgia Annotated,9
relating to treatment of clinical records, when release permitted, scope of privileged10
communications, liability for disclosure, and notice to sheriff of discharge, so as to permit11
the release of clinical records of a deceased patient to the Maternal Mortality Review12
Committee; to amend Code Section 45-16-24 of the Official Code of Georgia Annotated,13
relating to notification of suspicious or unusual deaths, court ordered medical examiner's14
inquiry, and written report of inquiry, so as to remove the requirement that a medical15
examiner's inquiry for pregnant female deaths be done through a regional perinatal center;16
to provide for related matters; to repeal conflicting laws; and for other purposes.17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
18
SECTION 1.19
Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the department20
of public health, is amended by adding a new subsection to and revising subsections (c), (d),21
and (e) of Code Section 31-2A-16, relating to Maternal Mortality Review Committee22
established, as follows: 23
"(c) The committee shall:24
(1) Identify maternal death cases;25
(2) Review medical records and other relevant data;26
(3) Review psychiatric or other clinical records;
27
(3)(4) Contact family members and other affected or involved persons to collect28
additional relevant data;29
(4)(5) Consult with relevant experts to evaluate the such records and data;30
(5)(6) Make determinations regarding the preventability of maternal deaths;31
(6)(7) Develop recommendations for the prevention of maternal deaths; and32
(7)(8) Disseminate findings and recommendations to policy makers, health care33
providers, health care facilities, and the general public.34
(d)(1) Health care providers licensed pursuant to Title 43, health care facilities licensed35
pursuant to Chapter 7 of Title 31, health care facilities or programs licensed under Title36
37, and pharmacies licensed pursuant to Chapter 4 of Title 26 shall provide reasonable37
access to the committee to all relevant medical records and psychiatric or other clinical38
records associated with a case under review by the committee within 30 days of receiving39
a request for such records.40
(2) A health care provider, health care facility, or pharmacy providing access to medical41
records and psychiatric or other clinical records pursuant to this Code section shall not42
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be held liable for civil damages or be subject to any criminal or disciplinary action for
43
good faith efforts in providing such records.44
(e)(1) Information, records, reports, statements, notes, memoranda, or other data45
collected pursuant to this Code section shall not be admissible as evidence in any action46
of any kind in any court or before any other tribunal, board, agency, or person. Such47
information, records, reports, statements, notes, memoranda, or other data shall not be48
exhibited nor their contents disclosed in any way, in whole or in part, by any officer or49
representative of the department or any other person, except as may be necessary for the50
purpose of furthering the review of the committee of the case to which they relate. No51
person participating in such review shall disclose, in any manner, the information so52
obtained except in strict conformity with such review project.53
(2) All information, records,
records of interviews, written reports, statements, notes,54
memoranda, or other data obtained by the department, the committee, and other persons,55
agencies, or organizations so authorized by the department pursuant to this Code section56
shall be confidential."57
"(h) As used in this Code section, the term 'clinical records' shall have the same meaning58
as provided in Code Section 37-3-1."59
SECTION 2.60
Said chapter is further amended by adding a new article to read as follows:61
"ARTICLE 462
31-2A-70.63
As used in this article, the term:64
(1) 'Advisory committee' or 'committee' means the Regional Perinatal Center Advisory65
Committee established pursuant to Code Section 31-2A-71.66
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(2) 'Regional perinatal center' means a specially qualified hospital identified by the67
department and designated to a specific geographic region to lead collaboration between68
hospitals and providers to ensure deliveries are performed in a hospital with an69
appropriate level of care for mothers and infants.70
31-2A-71.71
(a) There is established the Regional Perinatal Center Advisory Committee for the purpose72
of considering and making recommendations to the commissioner concerning the addition,73
reduction, or transition of regional perinatal centers in this state. The committee shall74
advise the commissioner on the estimated costs to the department necessary to implement75
such recommendations.76
(b) The Regional Perinatal Center Advisory Committee shall be composed of not less77
than 11 nor more than 21 members to be appointed by the commissioner, who shall appoint78
one of such members to serve as chairperson. All appointments to the committee shall be79
for a term of four years. A member shall serve until his or her successor has been duly80
appointed. The commissioner may reappoint any member.81
(c) The advisory committee shall meet upon the call of the chairperson appointed pursuant82
to subsection (b) of this Code section.83
(d) Beginning on July 1, 2026, and every four years thereafter, the department, in84
conjunction with the advisory committee, shall assess and make recommendations to the85
commissioner on the adequacy of the regional perinatal system and consider hospital or86
labor and delivery closures. Such assessment shall ensure that:87
(1) Birthing centers in each region are equipped and prepared to stabilize infants and88
mothers before transport;89
(2) Coordination exists between maternity care in each region and regional perinatal90
centers;91
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(3) All identified high-risk pregnancies and deliveries are promptly evaluated in92
consultation with regional perinatal centers and referred to the appropriate designated93
regional perinatal facility for the proper management and treatment of such conditions; 94
(4) An adequate transport system is available in the region for the transfer of high-risk95
mothers and infants and specifically considers:96
(A) The distance and travel time between referring hospitals and regional perinatal97
centers;98
(B) The types of vehicles used for transport and whether a need exists for additional99
vehicles; and100
(C) The need for upgraded vehicles and transport equipment; and101
(5) Each regional perinatal center provides:102
(A) Consultation and transport for patients requiring special services;103
(B) Coordination and assurance of follow-up medical care for maternal and neonatal104
patients requiring special services;105
(C) Educational support to ensure quality care in institutions involved in perinatal106
healthcare in the region;107
(D) An annual education plan with all birthing centers in the region;108
(E) Compilation and analysis of perinatal data from the center and referring hospitals;109
and110
(F) Coordination of perinatal health services within the region.111
(e) When changes to the regional perinatal centers are approved by the department after112
recommendation by the advisory committee, the department shall submit a budget request113
to the Office of Planning and Budget prior to the General Assembly's next legislative114
session seeking appropriations to implement such changes.115
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31-2A-72.116
A hospital interested in being designated as a regional perinatal center shall notify the117
department of the following:118
(1) Such hospital's ability to meet the standards for regional perinatal centers;119
(2) Any additional funding necessary to bring such hospital up to standard;120
(3) Any special planning problems in such hospital's perinatal region, including, but not121
limited to, transportation, shortage of facilities, and personnel;122
(4) A description of perinatal care currently being provided; and123
(5) A description of services that can be provided by the center in patient care, education,124
and consultation to hospitals within the perinatal region.125
31-2A-73.126
Beginning on July 1, 2026, and every four years thereafter, the department shall present a127
plan to the Governor, the Speaker of the House of Representatives, and the President of128
Senate for the designated perinatal centers in every region of the state. Such plan shall129
include funding considerations to aid hospitals in meeting the standards and for continuing130
requirements, including, but not limited to, patient care, professional education, training131
programs, and physical facilities.132
31-2A-74.133
The department shall be authorized to promulgate rules and regulations to carry out the134
purposes of this article."135
SECTION 3.136
Code Section 37-3-166 of the Official Code of Georgia Annotated, relating to treatment of137
clinical records, when release permitted, scope of privileged communications, liability for138
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disclosure, and notice to sheriff of discharge, is amended by adding a new paragraph to
139
subsection (a) to read as follows:140
"(2.2) A copy of the record of a deceased patient or deceased former patient who is the
141
subject of a maternal death review may be released to the Maternal Mortality Review142
Committee established under Chapter 2A of Title 31, except for matters privileged under143
the laws of this state;"144
SECTION 4.145
Code Section 45-16-24 of the Official Code of Georgia Annotated, relating to notification146
of suspicious or unusual deaths, court ordered medical examiner's inquiry, and written report147
of inquiry, is amended by revising subsection (b) as follows: 148
"(b) A coroner or county medical examiner who is notified of a death pursuant to149
subsection (a) of this Code section under circumstances specified in paragraphs (1)150
through (9)(10) of such subsection shall order a medical examiner's inquiry of that death. 151
A coroner or medical examiner who is notified of a death pursuant to subsection (a) of this152
Code section under circumstances specified in paragraph (10) of such subsection and which153
death was not under circumstances specified in paragraphs (1) through (9) of such154
subsection shall order a medical examiner's inquiry for such death through a regional155
perinatal center, as identified by the Department of Public Health. This subsection shall156
not be construed to prohibit a medical examiner's inquiry of a death if a coroner or county157
medical examiner is notified of a death under circumstances specified in paragraph (11) of158
subsection (a) of this Code section."159
SECTION 5.160
All laws and parts of laws in conflict with this Act are repealed.161
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