Neither an independent review organization nor its employees, agents, or contractors shall be liable for damages arising from determinations made pursuant to this article, unless an act or omission thereof is made in bad faith or through gross negligence, constitutes fraud or willful misconduct, or demonstrates malice, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to the consequences.
History. Code 1981, § 33-20A-38 , enacted by Ga. L. 1999, p. 350, § 3; Ga. L. 2005, p. 1438, § 2/SB 140.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1999, “an” was inserted near the beginning of this Code section.
Structure Georgia Code
Chapter 20A - Managed Health Care Plans
Article 2 - Patient’s Right to Independent Review
§ 33-20A-33. Minimum Expense of Treatment Prior to Review
§ 33-20A-34. Representatives for Enrollee; Cost of Review; Cooperation
§ 33-20A-35. Request for Independent Review
§ 33-20A-36. Additional Information Required for Independent Review
§ 33-20A-37. Effect of Favorable Determinations
§ 33-20A-38. Organizational and Employee Liability
§ 33-20A-40. Determining Medical Necessity or Whether a Treatment Is Experimental
§ 33-20A-41. Rules and Regulations
§ 33-20A-42. Grievance Procedures and Hearings for Medicaid Care Management Members