Definitions

  1. Law
  2. Georgia Code
  3. Mental Health
  4. Payment of Expenses for Support, Treatment, and Care of Patients in State Institutions Generally
  5. Definitions

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As used in this chapter, the term:

  1. "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 with the requirements of Code Section 37-9-5.It is expressly provided that there shall be a rebuttable presumption that the full cost of care is to be imposed. This presumption shall prevail until testimony, documentation, or evidence is provided pursuant to other provisions of this chapter.
  2. "Cost of care" means the costs incurred for the support, care, and treatment of each individual patient or the per patient average of such costs as determined by the department on the basis of the estimated current operating costs of the hospital or an identifiable part or section thereof providing such services.
  3. "Income," except for patients who are residents of other states, means that amount determined by adding to the gross income as now or hereafter defined in Georgia income tax laws, minus deductions and personal exemptions as authorized by such income tax laws, the items listed in this paragraph, if such items are not already included in gross income as defined above.For a patient who is a resident of another state, "income" means the same as above except no deductions will be made for any deductions or personal exemptions as authorized by Georgia income tax laws. The following items are to be added, respectively:
    1. Any amounts received by or on behalf of the person liable for cost of care from accident insurance or workers' compensation for total or partial incapacity to work, plus the amount of any damages received by or on behalf of the person liable for cost of care, whether by suit or agreement, on account of such injuries or sickness;
    2. The net income from property acquired by gift, bequest, devise, or descent;
    3. Interest upon obligations of the United States government or of this state or of a political subdivision thereof;
    4. The net income from individual holdings of stock in banks and trust companies incorporated under the banking laws of this state or of the United States;
    5. Retirement income, social security benefits, veterans' benefits, and any other benefits that could be applied for the support of the patient;
    6. The net income from any other assets, including but not limited to personal property, real property, or mixed property, and any other property or estate wherever located and in whatever form, inclusive of any assets sold or transferred within a period of 90 days prior to the date services were first rendered to the patient by a hospital.
  4. "Patient" means any person who is admitted to or who receives services from a state hospital.
  5. "Persons liable for cost of care" means:
    1. The patient or his estate;
    2. The patient's spouse;
    3. The parent or parents of any patient under 18 years of age;
    4. Any fiduciary or representative payee holding assets for the patient or on his behalf, including, in his representative capacity, the guardian, trustee, executor, or administrator of any trust, estate, inheritance, or fund in which a patient has a legal or beneficial interest;
    5. Any person, if not otherwise liable, listed as the insured member of a contract, plan, or benefit to the extent that such contract, plan, or benefit provides payment of hospitalization, medical expenses, and other health care services for the patient as a covered beneficiary or dependent;
    6. A stepparent or any other person residing with and providing support of a patient under 18 years of age who has not been legally adopted by such individual, with maximum liability limited to the amount such stepparent or other individual is authorized by Georgia income tax laws to claim as a standard deduction and personal exemption for the patient; provided, however, that this limitation shall not apply to liability pursuant to other provisions of this chapter regarding hospital, health, and other medical insurance, program, or plan benefits or subrogation rights.
  6. "State hospital" means any state hospital which now or hereafter comes under the control of the department and any facility operated in conjunction therewith.

(Ga. L. 1960, p. 1138, § 1; Ga. L. 1966, p. 143, §§ 1, 2; Ga. L. 1979, p. 834, § 2; Ga. L. 1984, p. 22, § 37; Ga. L. 1985, p. 987, § 1; Ga. L. 1987, p. 3, § 37; Ga. L. 1992, p. 6, § 37; Ga. L. 1992, p. 1445, § 1; Ga. L. 2002, p. 1324, § 1-17; Ga. L. 2009, p. 453, § 3-20/HB 228.)

OPINIONS OF THE ATTORNEY GENERAL

Veterans in state institutions not to be charged for services.

- General Assembly intended that veterans placed in state institutions not be charged for services while in these institutions. As the General Assembly intended that veterans not be charged, then those veterans who were actually in the nursing homes should not be charged. 1979 Op. Att'y Gen. No. 79-5.


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