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Home » US Law » 2022 Georgia Code » Title 37 - Mental Health » Chapter 9 - Payment of Expenses for Support, Treatment, and Care of Patients in State Institutions Generally

§ 37-9-1. Short Title

This chapter shall be known and may be cited as “The Patient Cost of Care Act.” History. Ga. L. 1979, p. 834, § 1. Law reviews. For note examining constitutional implications of this chapter, with a comparison of similar statutes and their treatment in other jurisdictions, see 12 Mercer L. Rev. 355 (1961). For note, […]

§ 37-9-10. Hearings

Hearings shall be held in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” and judicial review of a final decision by the department shall be as provided in Code Section 50-13-19. History. Ga. L. 1979, p. 834, § 9.

§ 37-9-11. Billing by Department; Authority to Maintain Action for Collection

The department shall bill persons liable for cost of care for the amount due on their assessments in the same manner as other debts and accounts. No bill shall be payable unless it contains the dates of service for which the costs billed therein were incurred. The department is authorized to maintain in the name […]

§ 37-9-13. Promulgation of Rules and Regulations by Board

The board shall have the authority to promulgate necessary rules and regulations to implement and carry out this chapter. Such rules and regulations shall be adopted and promulgated pursuant to the requirements of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” History. Ga. L. 1979, p. 834, § 12.

§ 37-9-2. Definitions

As used in this chapter, the term: “Assessment” means a determination by the department of the amount payable by the persons liable for cost of care for services rendered to a patient; such amount shall be either the full cost of care or, if applicable, the amount payable toward cost of care, determined in accordance […]

§ 37-9-4. Liability of Patient for Cost of Care; Time of Payment; Inability of Department to Collect Assessment From Patient or Failure of Patient’s Assessment to Cover Cost of Care

Each patient receiving services from a state hospital shall be legally responsible for, and shall pay to the department, the cost of his care received from a state hospital. Payments for cost of care shall be payable following the receipt of services in accordance with standards and procedures established by the board. In the event […]

§ 37-9-5. Assessment of Persons Liable for Cost of Care Generally

The department shall determine all persons who are liable for the cost of care of a patient and notify such persons of their joint and several liability and of their assessment. Such notice shall offer opportunity for any person so notified to be heard to show cause, if there be any, why such person should […]

§ 37-9-6. Standards for Determination of Assessments for Less Than Full Cost of Care

The board shall establish standards for determining assessments when such assessments are less than the full cost of care. Such standards shall be based on the income, assets, and other circumstances of the persons liable for cost of care and shall include consideration of the number of dependents, as defined under Georgia income tax law […]

§ 37-9-7. Inquiry Into and Determination of Income and Assets; Declarations by Persons Liable for Cost of Care; Access to Income Tax Records; Confidentiality; Attestation of Indigent Financial Status

The department, through its duly authorized agents, shall have the authority to investigate or otherwise determine the income and assets of the patient or his estate and when necessary the income and assets of all other persons liable for the cost of care of such patient in order to determine ability to pay cost of […]

§ 37-9-9. Exhaustion of Benefits Under Other Programs or Plans Required Prior to Expenditure of Public Funds; Determination of Assessments; Assignment of Benefits; Subrogation

Notwithstanding any other provisions of law, the department shall not be required to expend public funds for the purpose of providing support, care, and treatment covered under this chapter to any patient until such patient has exhausted his or her eligibility and receipt of benefits under all other existing or future private, public, local, state, […]