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Full-Text Articles in Law

Hb 217 - Needle Exchange Program, Alexandra L. Armbruster, J. Bryan Watford Dec 2019

Hb 217 - Needle Exchange Program, Alexandra L. Armbruster, J. Bryan Watford

Georgia State University Law Review

The Act authorizes certain nonprofit organizations and hospitals to operate clean needle exchange programs. These programs allow individuals who inject drugs to exchange their needles for clean, unused needles. The purpose of these programs is to prevent the spread of HIV, Hepatitis C, and other infectious diseases associated with the repeated use and sharing of needles. The Act further authorizes the Department of Public Health to regulate the registration of organizations that will participate in these programs and protects employees of those organizations from being charged with crimes or offenses associated with selling, lending, giving, or exchanging needles.


Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo Dec 2019

Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo

Georgia State University Law Review

This Act extends the time that law enforcement agencies are required to preserve certain evidence of sexual assault. Physical evidence of a reported sexual assault will be preserved for fifty years, and if there is an arrest, for thirty years from the date of arrest or seven years from the sentence’s completion.


Sb 106 - Patients First Act, Jasmine Nicole Becerra, Leanne E. Livingston Dec 2019

Sb 106 - Patients First Act, Jasmine Nicole Becerra, Leanne E. Livingston

Georgia State University Law Review

The Patients First Act amends both Title 49 and Title 33 of the Official Code of Georgia Annotated, which allows the state to apply for two federal waivers. One being the Section 1115 waiver to the Social Security Act. The second being the Section 1332 waiver to the Affordable Care Act. Section 1115 waivers apply to Medicaid and may be sought to include a maximum income threshold up to 100% of the Federal Poverty Level. The Section 1332 innovation waiver applies to insurance coverage generally.


Sb 18 - Direct Primary Care, Valentin H. Dubuis, Juliana Mesa Dec 2019

Sb 18 - Direct Primary Care, Valentin H. Dubuis, Juliana Mesa

Georgia State University Law Review

This legislation allows physicians to offer specified care for a specific time pursuant to a fixed fee. The physician cannot require more than one year’s payment upfront, and the agreement has to be terminable by either party with thirty days’ notice. Physicians do not have to provide care if the fee has not been paid or the patient has committed fraud, failed to adhere to treatment, or is in physical danger.


Hb 481 - Heartbeat Bill, Michael G. Foo, Taylor L. Lin Dec 2019

Hb 481 - Heartbeat Bill, Michael G. Foo, Taylor L. Lin

Georgia State University Law Review

The Act adds an unborn child with a detectable human heartbeat to the definition of a natural person and includes such unborn child in state population counts. The Act defines abortion, prescribes when abortions may be performed, provides exceptions to abortion performance limitations, establishes requirements for performing an abortion, and provides for a right of action, damages, and affirmative defenses. The Act permits alimony and child support payments starting when an unborn child has a detectable human heartbeat. Parents have the right to recover the full value of a child’s life when a detectable human heartbeat exists. The Act requires …


Bearing Hospital Tax Breaks: How Non-Profits Benefit From Your Surprise Medical Bills, Taylor N. Armstrong Apr 2019

Bearing Hospital Tax Breaks: How Non-Profits Benefit From Your Surprise Medical Bills, Taylor N. Armstrong

Georgia State University Law Review

This Note addresses the growing issue of surprise medical bills and how the United States Tax Code can be used to prevent many patients from receiving these bills. Part I provides a background on surprise billing and market factors that have led to an increase in the bills as well as current legislative solutions to the problem. Part II analyzes the role that hospitals play in the insurance market, the current standards for nonprofit hospitals to receive tax exemption under Internal Revenue Code (IRC) § 501, and how these legal standards fall short of accomplishing the goals of the tax …