Findings; Declaration of Purpose

  1. Law
  2. Georgia Code
  3. Health
  4. Kidney Dialysis
  5. Findings; Declaration of Purpose

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  1. The physician and that physician's patient retain the discretion to determine whether or not a kidney dialyzer should be reused. No licensed kidney dialysis clinic or provider of kidney dialysis services which is certificated by the Department of Community Health may interfere with the exercise of that discretion by:
    1. Requiring the reuse of such dialyzer over the objection of that physician and patient; or
    2. Discriminating against a physician specializing in the practice of nephrology by prohibiting that physician from practicing in such clinic or performing dialysis services for such provider if that discrimination is based upon that physician's refusal to reuse a dialyzer and that refusal is based on the patient's informed consent.
  2. A provider of kidney dialysis services who is required to comply with subsection (a) of this Code section but who does not so comply shall have no claim or cause of action for reimbursement for those services which were rendered without that compliance.

(Code 1981, §31-16-7, enacted by Ga. L. 1988, p. 1515, § 1; Ga. L. 1996, p. 6, § 31; Ga. L. 1999, p. 296, § 22; Code 1981, §31-16-1, as redesignated by Ga. L. 2020, p. 55, § 6/SB 372.)

The 2020 amendment, effective July 1, 2020, redesignated former Code Section 31-6-7 as this Code section; and deleted "state" preceding "Department of Community Health" in the second sentence of subsection (a).

Editor's notes.

- Former Code Section 31-16-1, concerning legislative findings and purpose, was repealed by Ga. L. 2020, p. 55, § 6/SB 372, effective July 1, 2020. The former Code section was based on Code 1933, § 88-3001, enacted by Ga. L. 1972, p. 708, § 1.


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