2022 Georgia Code
Title 33 - Insurance
Chapter 21A - Medicaid Care Management Organizations
§ 33-21A-2. Definitions

Universal Citation:
GA Code § 33-21A-2 (2022)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

As used in this chapter, the term:

  1. “Care management organization” means an entity that is organized for the purpose of providing or arranging health care, which has been granted a certificate of authority by the Commissioner of Insurance as a health maintenance organization pursuant to Chapter 21 of this title, and which has entered into a contract with the Department of Community Health to provide or arrange health care services on a prepaid, capitated basis to members.
  2. “Coordination of care” means early identification of members who have or may have special needs; assessment of a member’s risk factors; development of a plan of care; referrals and assistance to ensure timely access to providers; actively linking the member to providers, medical services, and residential, social, and other support services where needed; monitoring; continuity of care; and follow-up and documentation, all as further described pursuant to the terms of the contracts between the Department of Community Health and the care management organizations.
  3. “Critical access hospital” means a hospital that meets the requirements of the federal Centers for Medicare and Medicaid Services to be designated as a critical access hospital and that is recognized by the Department of Community Health as a critical access hospital for purposes of Medicaid.
  4. “Emergency health care services” means physical or mental health care services that are provided for a condition of recent onset and sufficient severity, including, but not limited to, severe pain, regardless of the initial, interim, final, or other diagnoses that are given, that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in:
    1. Placing the patient’s health in serious jeopardy;
    2. Serious impairment to bodily functions; or
    3. Serious dysfunction of any bodily organ or part.
  5. “Health care provider” or “provider” means any person, partnership, professional association, corporation, facility, or institution certified, licensed, or registered by the State of Georgia that has contracted with a care management organization to provide health care services to members.
  6. “Health care services” has the same meaning as in paragraph (5) of Code Section 33-21-1.
  7. “Health maintenance organization” means an entity which has been issued a certificate of authority by the Commissioner of Insurance pursuant to Chapter 21 of this title to establish and operate a health maintenance organization.
  8. “Hospital Statistical and Reimbursement Report” or “HS&R report” means a report created by a care management organization, using the same format that is used by the Department of Community Health in completing HS&R reports, that includes data related to an individual hospital, including aggregate statistics and reimbursement data for all Medicaid recipients who are covered by the care management organization and who received health care services at such hospital during a specific fiscal year, including data regarding services that were provided out of network. HS&R reports are utilized by the Department of Community Health for purposes of the Indigent Care Trust Fund’s disproportionate share hospital survey and are also utilized by hospitals to claim payments under medicare’s disproportionate share hospital program.
  9. “Medicaid” means the joint federal and state program of medical assistance established by Title XIX of the federal Social Security Act, which is administered in this state by the Department of Community Health pursuant to Article 7 of Chapter 4 of Title 49.
  10. “Member” means a Medicaid or PeachCare for Kids recipient who is currently enrolled in a care management organization plan.
  11. “PeachCare for Kids” means the State of Georgia’s State Children’s Health Insurance Program established pursuant to Title XXI of the federal Social Security Act, which is administered in this state by the Department of Community Health pursuant to Article 13 of Chapter 5 of Title 49.
  12. “Post-stabilization services” means covered services related to an emergency medical condition that are provided after a member is stabilized in order to maintain the stabilized condition or to improve or resolve the member’s condition.
  13. “Responsible health organization” means the entity that a health care provider reasonably identifies to be responsible for providing or arranging health care services for a patient who is a Medicaid or PeachCare for Kids recipient after the provider has properly conducted an eligibility verification in accordance with the procedures of the Department of Community Health.

History. Code 1981, § 33-21A-2 , enacted by Ga. L. 2008, p. 704, § 1/HB 1234; Ga. L. 2022, p. 598, § 6/HB 1324.

The 2022 amendment, effective July 1, 2022, inserted “physical or mental” and “regardless of the initial, interim, final, or other diagnoses that are given,” in the introductory language of paragraph (4).

Editor’s notes.

Ga. L. 2022, p. 598, § 1/HB 1324, not codified by the General Assembly, provides: “The General Assembly finds that:

“(1) This state recognizes a ‘prudent layperson’ standard with regard to the need for emergency care;

“(2) Insurance companies operating in this state are required to adhere to that standard;

“(3) Patients in this state have had emergency medical claims denied due to insurers’ failure to adhere to the prudent layperson standard as intended;

“(4) The federal court system has recognized that this standard is not intended to look to the diagnosis that a patient receives. Rather, the only relevant considerations are the patient’s symptoms and whether a prudent layperson would think that emergency medical attention is necessary based on those symptoms;

“(5) This legislative body has intended and continues to intend that the prudent layperson standard be applied in the same manner;

“(6) In order to better protect Georgians seeking emergency care, legislation is needed not to change the meaning but to clarify the intended application of the prudent layperson standard in this state; and

“(7) Nothing in this Act is intended to be applicable to healthcare plans which are subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.”

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