Title 31, Chapter 11, Section 82
( 31-11-82)
(a) Once a person with an emergency condition presents himself or
herself to an emergency medical provider for emergency services,
that person shall be evaluated by medical personnel. This evaluation
may include diagnostic testing to assess the extent of the
condition, sickness, or injury if such testing is appropriate to
stabilize the patient's condition. For purposes of this Code
section, the term "emergency medical provider" includes without
limitation an emergency services provider. (b) If in the opinion of the attending physician the evaluation
provided under subsection (a) of this Code section warrants, he or
she may initiate appropriate intervention to stabilize the condition
of the patient without seeking or receiving prospective
authorization by an insurer, a health maintenance organization, or a
private health benefit plan. No insurer, health maintenance
organization, or private health benefit plan may subsequently deny
payment for an evaluation, diagnostic testing, or treatment provided
as part of such intervention for an emergency condition. (c) No insurer, health maintenance organization, or private health
benefit plan which has given prospective authorization after the
stabilization of a person's condition as provided in subsection (b)
of this Code section for an evaluation, diagnostic testing, or
treatment provided for in this article may subsequently deny payment
for the provision of such evaluation, diagnostic testing, or
treatment. An acknowledgment of an enrollee's eligibility for
benefits by the insurer, health maintenance organization, or private
health benefit plan shall not, by itself, be construed as a
prospective authorization for the purposes of this Code section. |