Title 34, Chapter 9, Section 203
( 34-9-203)
(a) The pecuniary liability of the employer for medical, surgical,
hospital service, or other treatment required, when ordered by the
board, shall be limited to such charges as prevail in the State of
Georgia for similar treatment of injured persons of a like standard
of living when such treatment is paid for by the injured persons. (b) The employer shall not be liable in damages for malpractice by a
physician or surgeon furnished pursuant to this chapter, but the
consequences of any malpractice shall be deemed part of the injury
resulting from the accident and shall be compensated for as such. (c)(1) All reasonable charges for medical, surgical, hospital, and
pharmacy goods and services shall be payable by the employer or
its workers' compensation insurer within 30 days from the date
that the employer or the insurer receives the charges and reports
required by the board. The employer or insurer shall, within 30
days after receipt of charges for health care goods or services,
mail to the provider of such health care goods or services payment
of such charges or a letter or other written notice that states
the reasons the employer or insurer has for not paying the claim,
either in whole or in part, and which also gives the person so
notified a written itemization of any documents or other
information needed to process the claim or any portion thereof. (2) The health care goods or services provider's failure to
include with its submission of charges any reports or other
documents required by the board shall constitute a defense for the
employer's or insurer's failure to pay the submitted charges
within 30 days of receipt of the charges. However, if the
employer or insurer fails to send the health care goods or
services provider the requisite notice indicating a need for
further documentation within 30 days of receipt of the charges,
the employer and insurer will be deemed to have waived the right
to defend a claim for failure to pay such charges in a timely
fashion on the grounds that the charges were not appropriately
accompanied by required reports. Such waiver shall not extend to
any other defense the employer and insurer may have with respect
to a claim of untimely payment. (3) If any charges for health care goods or services are not paid
when due, penalties shall be added to such charges and paid at the
same time as and in addition to the charges claimed for the health
care goods or services. For any payment of charges paid more than
30 days after their due date, but paid within 60 days of such
date, there shall be added to such charges an amount equal to 10
percent of the charges. For any payment of charges paid more than
60 days after their due date, but paid within 90 days of such
date, there shall be added to such charges an amount equal to 20
percent of the charges. For any charges not paid within 90 days
of their due date, in addition to the 20 percent add-on penalty,
the employer or insurer shall pay interest on that combined sum in
an amount equal to 12 percent per annum from the ninety-first day
after the date the charges were due until full payment is made.
All such penalties and interest shall be paid to the provider of
the health care goods or services. |