Interesting new threat issued to Medicaid healthcare providers in Georgia (re: abortion)

[ecstatic]

This notice is from the Georgia Department of Public Health/ Department of Community Health. Most providers will never see this message, by the way, unless they are doing their own administrative work and have to log in to the platform for some reason.

Notice to Health Care Providers Regarding Misinformation About Abortions in Georgia

September 25, 2024

This important notice is being issued to address misinformation concerning Georgia’s abortion laws. In the State of Georgia, abortion is permissible at any stage of pregnancy to save the life and health of the mother in the event of a medical emergency.

Under the Living Infants Fairness and Equality Act (“LIFE Act”)1, “medical emergency” means a condition in which, in reasonable medical judgment, an abortion is necessary in order to prevent the death of the pregnant woman or the substantial and irreversible physical impairment of a major bodily function of the pregnant woman. As such, physicians in Georgia are expected to follow standards of care in providing treatment for pregnant women in emergent situations. The law does not prohibit the removal of a dead unborn child caused by a spontaneous abortion or the removal of an ectopic pregnancy, nor does the law require that death of the mother be imminent for a doctor, in his or her reasonable medical judgment, to determine that a medical emergency exists. Also, exceptions are provided for reported cases of rape and incest.

Health care facilities and providers must be aware that a physician providing life-saving treatment for pregnant women does not violate Georgia law and that failure to provide such treatment may constitute malpractice. Additionally, a miscarriage is not an abortion. O.C.G.A. § 31-9A-2(1) defines “abortion” as the “use of prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a female known to be pregnant” (emphasis added).

Physicians are reminded that Georgia law requires life-saving medical care to a mother without delay when necessary, according to O.C.G.A. § 31-9A-5.

The failure to act timely in critical situations may result in regulatory sanctions from the Healthcare Facility Regulation Division of the Department of Community Health or other State boards and agencies. More information on Georgia’s abortion law is available on the Department of Public Health website: https://dph.georgia.gov/womens-right-know-wrtk

1 The LIFE Act is codified at O.C.G.A. §§ 1-2-1; 16-12-141; 19-6-15(4); 19-7-1(c)(1); 31-9A-3, 4; 31-9B-2, 3; and 48-7-26(a).

To view a copy of the official announcement: https://www.mmis.georgia.gov/portal/Portals/0/StaticContent/Public/ALL/NOTICES/Provider%20Announcement%20Sept%2025%202024%20final%2020240925193207.pdf

It sounds like DPH/DCH is super embarrassed by the tragic and completely avoidable deaths that have now gained worldwide attention and they're trying to carve out their own rules and sanctions that may potentially conflict with the law as it's actually written. I read the law and it says physicians can use "reasonable medical judgment," but then it also says that all health records should be made available to the District Attorney, and that a woman can sue the doctor for performing an abortion, I guess if she later thinks that his/her judgment was not reasonable? https://law.justia.com/codes/georgia/title-16/chapter-12/article-5/section-16-12-141/

The law also states that any doctor, pharmacist, or medical facility can refuse to perform abortions by declaring it ahead of time in writing. https://law.justia.com/codes/georgia/title-16/chapter-12/article-5/section-16-12-142/

So even though DPH/DCH has good intentions, is it possible that this notice will just make the situation even worse as doctors and hospitals decide to opt out of abortion care entirely, as the law allows?

[JT45242]

1. Seems like a CYA for the impending lawsuit...

We never directly told the hospital wait until she is in critical condition and nearly dead.

See, hospital were acting without our direct orders to let the women get close to death or risk going to jail or losing your license.

Just to make certain our asses are covered when, not if, these families sue , we will point to this document and ignore the fact it was issued after they died.

We will also hide and obstruct any communication between the hospital lawyers, the medical board, the police, or state prosecutors.

[ecstatic]

3. hmmm. I assumed it was crafted with good intentions by DPH/DCH but you're probably right

They probably were forced by the state legislature to put this gaslighting document out there.

Doctors who do their jobs with integrity will face lawsuits and jail time; doctors who hesitate will lose their license and/or face sanctions. Doctors who opt out entirely? Just fine.

[SharonClark]

2. Thank you for posting this.

It’s further proof that legislators have no business and no qualifications to pass laws on reproductive health issues.

[ecstatic]

4. exactly!