§ 31-8-102. Definitions
As used in this article, the term: “Administrator” means a person, duly licensed as a nursing home administrator under Chapter 27 of Title 43, who operates or manages or is in charge of a long-term care facility. (1.1) “Department” means the Department of Community Health. “Guardian” means a resident’s legal guardian or conservator, or the […]
§ 31-8-42. Requirement of Hospitals With Emergency Services to Provide Care to Pregnant Women in Labor
Any hospital which operates an emergency service shall be required to provide the appropriate, necessary emergency services to any pregnant woman who is a resident of this state and who presents herself in active labor to the hospital, if those services are usually and customarily provided in that facility, which services shall be provided within […]
§ 31-8-43. Determination of Indigency; Payment of Services Provided Under Code Section 31-8-42 for Indigent Patients by County; Records; Administration
The commissioner of community health shall adopt state-wide standards to determine indigency for the purposes of this article, which standards shall be based upon and consistent with 125 percent of the federal poverty level as it exists on May 1, 1985. These standards shall further provide for legal liability, based upon ability to pay some […]
§ 31-8-43.1. Extent of Patient’s Liability for Costs; Required Cooperation of Patient With County; Liability of Father for Costs; Action by County to Recover Costs or Challenge Determination of Liability
A patient who receives services under this article shall, by accepting such services, be deemed to have agreed to: Be liable to any county which pays all or any part of that patient’s cost of care for the entire amount so paid by that county, except that a patient who meets the indigency standards based […]
§ 31-8-44. Immunity of Hospital or Health Care Provider From Liability
No physician, nurse, or other such medical assistant, nor the hospital or any of its agents or employees shall be guilty of malpractice or civilly liable therefor for treatment rendered under this article unless the physician, nurse, or other medical assistant, or the hospital, its agent, or employee has been grossly negligent in the provision […]
§ 31-8-45. Availability of Cause of Action for Patient Wrongfully Denied Care
If a hospital fails or refuses to provide treatment or services pursuant to the provisions of Code Section 31-8-42, a person aggrieved by such failure or refusal shall have a cause of action against the hospital for damages and for such other relief as the court having jurisdiction of the action deems proper. No person […]
§ 31-8-46. Investigation; Penalties; Rules and Regulations
If the department receives notice that a violation by a hospital of Code Section 31-8-42 is in progress, the department shall immediately order an investigation to determine whether or not there has been a violation and upon finding that a violation has occurred shall immediately order the hospital to comply with that Code section. If […]
§ 31-8-50. Declaration of Policy
The General Assembly finds that a significant number of older citizens of this state reside in long-term care facilities in this state and, because of their isolated and vulnerable condition, are more dependent on others for their protection and care. It is the intent of the General Assembly to protect and improve the quality of […]
§ 31-8-51. Definitions
As used in this article, the term: “Community ombudsman” means a person certified as a community ombudsman pursuant to Code Section 31-8-52. (1.1) “Department” means the Department of Human Services. “Long-term care facility” means any skilled nursing home, intermediate care home, private home care provider, assisted living community, or personal care home now or hereafter […]
§ 31-8-52. Establishment of Long-Term Care Ombudsman Program
Pursuant to the Older Americans Act of 1965 (P.L. 89-73, 79 Stat. 219), as amended, and as a condition of receiving funds under that act for various programs for older citizens of this state, the Department of Human Services has been required to establish and operate a long-term care ombudsman program. In order to receive […]