Title 37, Chapter 9, Section 7
( 37-9-7)
(a) The department, through its duly authorized agents, shall have
the authority to investigate or otherwise determine the income and
assets of the patient or his estate and when necessary the income
and assets of all other persons liable for the cost of care of such
patient in order to determine ability to pay cost of care. All
persons liable for cost of care must provide signed consent forms
necessary to authorize and conduct an investigation to determine the
income and assets of such persons in order to determine ability to
pay cost of care. The department shall further have the authority
to contract with any person, firm, or corporation which it finds
necessary to provide the information appropriate to the carrying out
of its duties under this chapter. (b) The department shall require declarations to be filed by the
patient or other persons liable for cost of care necessary to
determine the assessments required by this chapter and shall
prescribe the form and content thereof. All such declarations are
to be regarded as essential to carrying out the public policy of
this state; and any person who knowingly falsifies such declarations
shall be charged as for false swearing. Failure by the patient or
other persons liable for cost of care to (1) provide information
required by such declarations or (2) provide signature of consent
for the department to conduct an investigation authorized by
subsection (a) of this Code section shall create a rebuttable
presumption that the patient or other persons liable for cost of
care consent to and agree with the assessment of the full cost of
care, and the declaration shall contain on its face, conspicuously
and in clear language, a statement to that effect. (c) The department, through its duly authorized agents, shall have access to Georgia income tax records for the purpose of obtaining necessary information to enforce this chapter. Upon the request of the department or its duly authorized agents, the state revenue commissioner and his agents or employees shall disclose such income tax information contained in any report or return required under Georgia law as may be necessary to enforce the provisions of this chapter. Any tax information secured from the federal government by the Department of Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may not be disclosed by the Department of Revenue pursuant to this subsection. Any person receiving any tax information or tax returns under the authority of this subsection shall be considered either an officer or employee as those terms are used in subsection (a) of Code Section 48-7-60; and as such an officer or employee, any person receiving any tax information or returns under the authority of this subsection shall be subject to Code Section 48-7-61. (d) Any evidence, records, or other information obtained by the
department or its duly authorized agents pursuant to the authority
of this Code section shall be confidential and shall be used by the
department or its agents only for the purposes of enforcing this
chapter and shall not be released for any purpose other than a
hearing provided for by this chapter. (e) The department shall develop procedures to ensure that persons
with no other documentation or evidence may sign an affidavit
attesting to their indigent financial status. |