§ 37-11-8. Withdrawal by Agent
An agent may withdraw by giving written notice to a declarant. If such declarant is incapable of making mental health care decisions, such agent may withdraw by giving written notice to the provider or facility that is providing mental health care to the declarant at the time of the agent’s withdrawal. Any provider or facility […]
§ 37-9-8. Use of Assets Other Than Income for Determination of Assessments; Assets Exempt From Determination; Levy of Assessment
In addition to the use of income for determining assessments provided for in this chapter and for the payment thereof, any other assets of a person liable for cost of care, except as provided in subsection (b) of this Code section, shall be considered in determining an assessment and shall be liable to be assessed […]
§ 37-11-9. Witness Requirement; Period of Validity; Civil Liability of Witnesses; Copies
A psychiatric advance directive shall be effective only if it is signed by the declarant and witnessed by two competent adults, but such witnesses shall not be required to be together or present when such declarant signs the directive. The witnesses shall attest that the declarant is known to them, appears to be of sound […]
§ 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, […]
§ 37-11-10. Revocation; Effect of Marriage or Appointment of Guardian
A directive may be revoked in whole or in part at any time by the declarant, so long as such declarant is capable, by any of the following methods: By completing a new directive that has provisions which are inconsistent with the provisions of a previously executed directive; an advance directive for health care executed […]
§ 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.
§ 37-11-11. Inclusion in Medical Record; Continuing Consent
Upon being presented with a psychiatric advance directive, a provider or facility shall make the directive a part of a declarant’s medical record. In the absence of specific knowledge of the revocation or invalidity of a directive, a provider or facility providing mental health care to a declarant may presume that a person who executed […]
§ 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 […]
§ 37-11-12. Compliance by Providers and Facilities With Directive; Obligations; Transfers; Payment Assurances
When acting under the authority of a directive, a provider or facility shall comply with it to the fullest extent possible unless the requested mental health care is: Unavailable; Medically contraindicated in a manner that would result in substantial harm to the declarant if administered; or In the opinion of the provider or facility, inconsistent […]
§ 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.