Women and the law : a guide to women's legal rights in Georgia : an update, June 1996 through December 1997 / Georgia Commission on Women Publications Committee, chaired by Penny Brown Reynolds, assisted by Shakura Ingram

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GEORGIA COMMISSION ON WOMEN

WOMEN AND THE LAW A GUIDE TO WOMEN'S LEGAL RIGHTS IN GEORGIA
AN UPDATE June 1996 through December, 1997

GEORGIA COMMISSION ON WOMEN
WOMEN AND THE LAW A GUIDE TO WOMEN'S LEGAL RIGHTS IN GEORGIA
AN UPDATE June 1996 through December, 1997
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STATE OF GEORGIA
ZELL MILLER, GOVERNOR PIERRE HOWARD, LIEUTENANT GOVERNOR THOMAS B. MURPHY, SPEAKER, HOUSE OF REPRESENTATIVES
THURBERT BAKER, ATIORNEY GENERAL, DEPARTMENT OF LAW

GEORGIA COMMISSION ON WOMEN:

Nellie D. Duke, Chair Julianna McConnell, Vice-Chair
Dianne Rogers, Secretary

Penny Brown-Reynolds S. Keen Thurman .

Elizabeth Plunkett Buttimer Eleanor Richardson Jean M. Turner

Janelle Ewing Jacquelyn Saylor Deana Womack

Emma GreshamMaritza Ann Stallard Sandra

This publication is an update of the book published by the Georgia Commission on Women in cooperation with the Georgia Department of Law in June, 1996, covering changes during the period June, 1996 through December, 1997. The Publications Committee, chaired by Penny Brown Reynolds, Esq., researched and compiled the material, assisted by Shakura Ingram, student at Georgia State University School of Law. Others assisting were Commissioners Stephanie Stuckey, Esq., Jacquelyn Saylor, Esq., Commission Chair Nellie D. Duke and others who contributed to the original document. The work was done under supervision and with the approval of Georgia Attorney General Thurbert Baker and Deputy Attorney General Brenda Cole, assisted by Stephanie Mercier, paralegal. Publication Date: February, 1998
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UPDATES FOR THE PERIOD
JUNE, 1996 THROUGH DECEMBER,1997, IN THE FOLLOWING SECTIONS:

Page (s)

THE LAW. THE COURTS & yOu

13.

EMPLOYMENT LAW........................................................... 14. 15. 16.23.24.26.28.29.32.33.34.35.

DOMESTIC RELATIONS

39.40.51,55,57,60,61,62.

CRIMINAL JUSTICE SYSTEM

75. 77, 81, 82.

DOMESTIC VIOLENCE

97, 101, 104. 105. 108.

HEALTH CARE,

110, 111, 114. 117, 118.

PROPERTY RIGHTS,

138, 139, 140, 142.

MONEY MATIERS,

151.

TAXES

172

MEDICARE,

183

MEDICAID

184. 185.

GEORGIA TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM, (formerly "Aid to Families with Dependent Children")

186, 187.

J

NO UPDATE WAS REQUIRED ON THE FOLLOWING SECTIONS:
EDUCATION CHILD ABUSE WOMEN IN PRISON CONSUMER PROTECTION INSURANCE STARTING YOUR OWN BUSINESS BANKRUPTCY BENEFITS & SOCIAL WELFARE LAW UNEMPLOYMENT INSURANCE WORKERS COMPENSATION SOCIAL SECURITY BENEFITS WOMEN IN THE MILITARY

LAW, THE COURTS AND YOU

P.13

(Insert after Arbitration)

Possible disadvantages of ADR, compared to litigation, are that ADR: I) may result in agreements which could be extremely difficult, if not impossible, to have a court of law
overturn even if the resolution is unfair, or if the law was not fol1owed;

2) may not provide the litigants with certain privileges associated with regular litigation, such as discovery rights, certain privileges of confidentiality, and the right to appeal; and

3) may prove to be an inappropriate environment to resolve disputes in a domestic abuse case because ADR assumes each party can adequately fight for his/her best interests. As threats, intimidation and a wearing down of self-esteem are often present in domestic abuse cases, a court of law may be a better place to resolve the parties' issues because it does not require negotiating between people who posse,ss unequal bargaining power.

For further discussion of concerns associated with ADR in this and related contexts, see Trina Grillo. "The Mediation Alternative: Process Dangerous for Women", 100 Yale Law Journal' Court Ordered Arbitration", Summer, Florida State University Law Review 1055 (1997); Jean Sternlight, "Panacea or Corporate Tool?: Debunking the Supreme Court's Preference for Binding Arbitration", Fall Washington University Law Quarterly, 637 (1996).

EMPLOYMENT LAW

Your Rights as an Employee

p.14

(1J[2) Discrimination is when someone is treated differently on the basis of qualities or characteristics (such as
sex or race) that are not related to the individual's performance in employment matters. The Civil Rights Act of 1964, 42 U.S.C.A. 2000 et. seq. ("Title VII"), prohibits employment discrimination against any person on the basis of race, sex (including pregnancy), religion, color and national origin. It is also illegal to sexually harass employees. Title VII specifically covers labor unions and employment agencies, but religious institutions are generally exempt. The Equal Pay Act makes it unlawful for an employer to pay different wages to members of one sex than it does to members of the other sex ''for equal work on jobs the performance of which requires equal skill. effort and responsibility. and which are performed under similar working conditions". 29 U.S.C. 206(d). The Age Discrimination in Employment Act ("ADEA") prohibits employment discrimination against individuals 40 years of age and older. The Americans with Disabilities Act ("ADA") covers discrimination against individuals with disabilities. Other important protections include the Family and Medical Leave Act ("FMLA"). The Equal Employment Opportunity Commission ("EEOC") is empowered by federal law to enforce Title VII, the EPA. the ADEA and the ADA. The Department of Labor is charged with enforcing the FMLA. Discrimination on the Basis of Sex, Race, Religion, or National Origin

p.15

(1J[3)

It is also illegal for an employer to create or allow to exist a work environment which is hostile against

I

any race, religion, national origin, or sex. A hostile work environment exists if word~ or conduct based on or directed at an individual because of her race, national origin, religion, or sex are sufficiently severe or

pervasive to create an objectively and subjectively hostile, offensive or intimidating environment, and if an

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employer with notice of the environment fails to take prompt remedial action.

Who is protected under Title VII?

(CJ[2) .Title VII recognized limited exemptions, such as permitting a film studio to hire a male actor to play male
roles, and in some instances, religious institutions with regard to religious matters.

p.16

Where do I go if I feel I have been discriminated against?

If you wish to file a complaint under Title VII, or want additional information, contact the EEOC. A complaint under Title VII, the ADEA and the ADA, must be filed with the EEOC before it can be taken to court. (SEE HOW TO FILE AN EEOC CHARGE section.) The damages allowed by Title VII include past and future lost wages and benefits. compensatory and punitive damages and attorneys fees. What you may be entitled to receive under Title VII will vary depending on the facts and circumstances of your case. Sexual Harassment

p.23

What is the "Quid Pro Quo" Theory of Sexual Harassment?

Quid pro quo means something is requested or demanded in return for something else. Only a supervisor (although not necessarily your own supervisor) can coIllmit quid pro quo sexual harassment. Quid pro quo sexual harassment occurs and is illegal if:

What is the "Hostile or Abusive Environment" Theory of Sexual Harassment?

(insert after CJ[ 1)

Examples of conduct which may create an unlawful hostile environment include. but are not limited to:

1.

Verbal speech. including unwelcome comments. sexual statements or requests

for sexual favors;

2.

Non-verbal conduct. including unwelcome gestures. suggestive looks or

staring, and the display of vulgar cartoons, posters or other material of

a sexually offensive nature in the workplace; or

3. Physical conduct, including unwelcome sexual advances such as touching, grabbing, patting or other sexual assaults.

In its unanimous ruling in Harris v. Forklift Systems, Inc. 510 U.S. 17, 114 S.Ct 367, the U.S. Supreme Court stated that in order to be unlawful, the challenged conduct must be unwelcome and severe or pervasive enough "to create an objectively hostile or abusive work environment, an environment that a reasonable person would find hostile or abusive" (emphasis added). In determining if th'e accused's sexual conduct was pervasive and severe enough to create a hostile or abusive environment, the court will look at:

p.24 (CJ[I)
While unwelcome intentional touching of your intimate body parts is likely sufficiently offensive to alter the conditions of your work environment to constitute illegal sexual harassment, if you once willingly participated in sexual conduct with the harasser and then stopped the relationship, it will be more difficult

(but not necessarily impossible) to prove that his or her sexual conduct after the relationship was over was . unwelcome and, thus constitutes unlawful work-related harassment.
p.26. '
When is an employer responsible for actions of employees in cases of sexual harassment?
Under the law of agency, the manager or supervisor is an "agent" for the employer. In quid pro quo cases, the courts usually hold the employer liable for the behavior of management and supervisory employees whether or not the employer had knowledge of the behavior of the employee. In the case of hostile environment sexual harassment, an employer may be held liable for the sexual harassment of a coworker only when the harassment was so pervasive that the employer knew or should have known of the behavior and failed to promptly and appropriately remedy the situation. For this reason, it is essential that you report harassi,ng behavior to management. Discrimination on the Basis of Disabilities
p.28
The Americans with Disabilities Act ("ADA") gives civil rights protections to individuals with disabilities (as defined in the ADA) similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. In addition, in the employment arena, the ADA requires employers to make reasonable accommodations to individuals with disabilities in order to allow them to enjoy equal employment opportunities. It guarantees for individuals with disabilities equal opportunity in employment, public accommodations, transportation, state and local government services and telecommunications.
Who is protected from employment discrimination under the ADA?
(<<j[2)
A "qualified individual with a disability" is' a person who meets all legitimate skill, experience, education, or other requir~mentsof an employment position that he or she holds or seeks and who can perfonn the "essential functions" of the position with or without reasonable accommodation. If the qualified individual can perform the "essential functions", except for limitations caused by a disability, the employer must consider whether the disabled applicant could perfonn these functions with a reasonable accommodation.
p.29
What limitations does the ADA impose on inquiries about disabilities of employees or applicants for employment?
Pre-employment to pre-offers: Prior to making a conditional job offer an employer may not request that a job applicant take a medical examination before making a job offer. An employer may ask questions about the job applicant's ability to perfonn specific job functions and may, in certain situations, ask an individual [delete:with a disability] to describe or show how he or she would perfonn these functions.
Pre-employment to post-offer: A conditional job offer is one where after obtaining all information about a job applicant, except information related tohis or her medical or psychological condition, an employer extends a job offer subject to the individual's providing medical or psychological information and! or undergoing medical or psychological tests. After a conditional job offer is extended an employer may request an applicant to take a medical examination and make inquiries regarding an individual's medical condition or disabilities. [delete: remainder of sentence] If the individual is not hired because a post-offer medical examination revealed a disability, the reason for not hiring him or her must be job-related and consistent with business necessity. The employer also must show that the individual would be unable to perfonn the essential job functions, with or without reasonable accommodation, that the available accommodations would impose an undue hardship or that the individual would impose a direct threat to the health or safety of the individual or others.

May I marry someone of the same sex? (new section)
No, marriage between persons of the same sex is prohibited in Georgia. If you married someone of the same sex in another state, the marriage will not be valid in Georgia. (a.e.G.A. 19-3-3.1. Effective April 2, 1996).

Alimony
p.51 What do I do if my former spouse stops sending my alimony checks?
You can file contempt charges. The court can garnish his wages or may sentence your former spouse to a diversion center where he is required to stay for the length of the sentence. except to go to and from work. During confinement at the diversion center. your former spouse will be required to pay curre~t and past due alimony. (a.e.G.A. 42-8-130. Effective July 1, 1996).

Child Custody and Visitation

p.55 How does the court determine which parent gets custody?

The court may also award custody to a grandparent. aunt. uncle. sibling or adoptive parent. if the

court determines that it is not within the best interest of the child to be with either parent. (a.e.G.A.

19-7-1. Effective April 2, 1996.)

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Child Support Establishment
p.57 What is child support?
(<j[2) Child support may be part of a divorce case, a separate maintenance case or support case, or a paternity
case. Child support is not taxable or deductible.
How is child support determined?
The parent who is awarded custody should get child support. However. child support may also be awarded when there is joint physical custody. Georgia has established guidelines that attempt to insure that the child's primary needs are met and that the child shares in his or her parents' standard of living.
The guidelines are based on a percentage range of the non-custodial parent's gross income divided by the number of children for whom support is being sought:

Child Support Enforcement

p.60

.

What can the Office o(Child SUPPj)rt 'Enforcement do to force my former spouse (non-custodial

parent) to pay child support?

To collect past-due child support payments, the CSE can:

I. Intercept state and federal income tax refunds; 2. Intercept lottery winnings; 3. Intercept unemployment compensation benefits; 4. Refer a bad credit rating to a credit bureau; 5. File a lien in court against his property; 6. Refer collections to a private collection agency; and/or 7. Suspend or deny issuance or renewal his drivers license or license as a registered forester.
The license will remain suspended or denied until he provides proof of payment.

(O.C.G.A.40-5-54.1 and 12-6-49.1. Effectiveluly I, 1996).

p.61 What can my attorney do to get my former spouse (non-custodial. parent) to pay child support?

I.

Your attorney can help you determine if you should file a contempt action against

the absent father for failure to pay. You also can consider filing a continuing

garnishment against his wages.

2.

You can file a garnishment by providing a certified copy of your support order

and a sworn statement to the Magistrate Court. The sworn statement should

include the father's name, where he works, the length of time he is behind in his

payments, the amount behind, the amount he is supposed to pay, when the support

obligation ends, and that he is subject to continuing garnishment and a summons of

continuing garnishment. Many Magistrate Courts will help you with these

forms.

3.

You can file a criminal abandonment warrant. It is a crime in Georgia not to

support your child. If a child is dependent on a parent for support, the parent

might be found guilty of a child abandonment charge if the child experienced at

least 30 consecutive days without any support.

p.62 What happens if my former spouse, who lives out of state, stops child support payments?

Georgia has adopted the Uniform Reciprocal Enforcement of Support Act ("URESA") and the Uniform Interstate Family Support Act ("UIFSA"). The UIFSA becomes effective January 1, 1998 and will take the place of the URESA. Any petitions filed before January 1, 1998 will be governed by the URESA. Under URESA and the UIFSA, states will enforce support obligations of the non-paying parent who resides in that state for the custodial parent who resides in another state. The fees vary by state.

URESA and UIFSA have procedures under which an enforcement official or a private attorney can refer a petition for past-due child support payments for filing in another State. The law also can be used to establish paternity and modify or enforce a support order.

For example, if you ex-husband lives in Hawaii, the CSE office in Georgia would send a support

complaint to its counterpart in Hawaii on your behalf. The Child Support Recovery Office in Hawaii would

l

obtain an enforceable court order against your ex-husband in Hawaii. Payment should be collected by the Child Support Enforcement agency in Hawaii, transmitted to the CSE office in Georgia, and then paid to you..

\

O.e.G.A. 19-11-100 to 19-11-191. Effective January 1, 1998.
CRIMINAL JUSTICE SYSTEM
Criminal Law
p. 75
2. Misdemeanors are crimes generally punishable by confinement for 12 months or less in the county jail and/or a fine of $1,000 or less. Examples of misdemeanor offenses include bad checks (less than $500), shoplifting (less than $100), criminal trespass, simple assault, and possession of marijuana (less than 1 ounce). There are also misdemeanor offenses of a high and aggravated nature. which are punishable by imprisonment for 12 months or less and/or fine of $5.000 or less. Examples of high and aggravated misdemeanor offenses are assault acainst elderly persons (65 years of age or older). sexual battery. and distribution of obscene materials to minors.
p.77
What happens after an arrest?
6. Preliminary or Probable Cause Hearing: A defendant who has not made bond is entitled to a probable cause hearing within 48 hours of arrest or within 72 hours of an arrest based on a warrant. The primary purpose of this hearing is to inform the defendant of her rights and the charges against her, to determine whether probable cause exists and to set bail. The strict rules of evidence do not apply at these hearings, so hearsay testimony is allowed. Hearsay is testimony by a witness who relates, not what the witness knows personally, but what others have told her or what she heard others saying.
Uniform Rules of Superior Court Rule 26.1
10. Pleading Guilty:
(2nd Paragraph) A nolo contendere plea is a plea of "no contest". A defendant may plead nolo contendere only with
a consent of the judge. It allows the defendant, without admitting guilt, to avoid a trial and be sentenced as
if she were entering a guilty plea. Unlike a guilty plea conviction, conviction based on a nolo plea cannot be used against the defendant in a subsequent civil or criminal action; and the plea shall not affect the defendant's civil rights to hold public office, to vote, or to serve on ajury. Defendants charged with DUI may no longer retain their drivers licenses when entering a nolo plea, thus nolo plea in Georgia has lost much of its value except to shield civil liability in accident cases.
O.e.G.A. 40-6-391.1 and Uniform Rules of Superior Court Rule 33.1
What is "Megan's Law"? (new section)
"Megan's Law" refers to a case where a young girl named Megan was sexually assaulted and murdered by a convicted sex offender. In response to this case. many states enacted laws requiring the. registration of sex offenders. Georgia's law. which was passed in 1996. mandates that local law enforcement agencies maintain a registry ofsexually violent offenders for a period often years after the expiration oftheir sentence. This information may be released. provided that it is considered necessary to protect the public.

a.e.G.A. 42-1-12. Effective July 1, 1996.

p.81 How does the Parole Board decide if an inmate is eligible for parole?

DELETE: Paragraph 3 regarding ''time served" rules

p.82 How can a crime victim contact the Parole Board?

If you want to be notified of any inmate's parole or if you want to give your views about an inmate's parole, the best way to contact the parole board is by writing a letter. If you were the victim of a "crime against the person", such as rape or robbery, Georgia law requires that:

1.

If the Parole Board plans to grant parole before the statutory consideration

time (generally one-third of the sentence), the Parole Board sends you a

notice inviting you

to give your views; and

2.

Later, if the Parole Board does grant parole, it will send you a notice of the

ex-

act release date about the time the inmate is being released.

The victim can request a Victim Impact Statement form from the Board or from the prosecutor's office. Any letters or statements submitted by the victim will be made a permanent and confidential part of the Board's case file on the inmate. (See Resource Directory) In addition. a victim or victim's family member may meet with a Board representative about a case at the Board's main office on any workday between 8:15 a.m. and 4:00 p.m. No appointment is necessary. The Parole Board has also established an Electronic Calling system. through which anyone can obtain information about persons who have been convicted of a felony. who have been paroled. and whose current addresses are within the state. This system can be accessed by callinf: (404) 656-5651.

Anyone wishing to speak with a Parole Board representative to advocate for clemency on behalf of an inmate can come to the Board's main office on the second Tuesday of every month. No appointment is needed. The parole procedures are relatively simple, and parole consideration is automatic (except for inmates serving "without parole" sentences). thus, it is generally not necessary to hire an attorney to advocate for clemency. a.e.G.A. 45-9-20. Sexual Offenses

What happens once the defendant is released from jail? (new section)

The defendant must register his or her name. address. place of employment. nature of the crime and date of release from jailor date of probation to the Georgia Bureau ofInvestigations and must remain registered for ten years. (a.c.G.A. 42-1-12. Effective July 1, 1996).

DOMESTIC VIOLENCE
What should I do if I am a victim of Domestic Violence?
p.97
1. Try to get away from the abuser if you can. If you are able to leave, you could go to a domestic violence shelter (See Resource Directory) or stay with friends or family. The location of a family violence shelter is confidential and any person who discloses the location of a family violence shelter is guilty of a misdemeanor. (O.e.G.A. 19-13-23. Effective July I, 1997).
Family Violence Protective Orders
p.101
What is the cost for filing a petition for a Family Violence Protective Order?
There is no cost for victims of domestic violence for filing a petition for a protective order. (O.G.e.A. 15-10-82 and 15-16-21. Effective July 1, 1996)
p.104
..
What jfthe abuser doesn't reside in Georgia? (new)
The Superior Court of the county in which you reside or the county where the act of violence occurred will have jurisdiction over all proceedings regardless of where the abuser resides pursuant to personal jurisdiction under paragraphs (2) and (3) of code section 9-10-91. (O.C.G.A. 19-13-2. Effective July 1, 1997).
Criminal Charges
p.105
How do I obtain a warrant for my abusive partner's arrest?
(12)
There is no fee for taking out a warrant. Ifthe police do not arrest the abuser after you swear out a warrant, keep calling tQem until they do.. After a warrant for arrest has been issued, the case is under the authority of the :prosecutor. If you decide to dropthe charges, the Prosecutor still has the discretion to continue the case. (O.C.G.A.15-10-82 and 15-16-21. Effective July 1, 1996).
p.108
How can I get compensation for my injuries?
(12)
In order to be eligible for this program, claims must be filed within one year of the date of the crime.. (O.C.G.A. 17-15-5. Effective July 1, 1997).

If the crime didn't happen in Georgia, am I still eligible for compensation for my injuries? (new section)

Yes. if you are a Georgia resident and the crime happened in another state you are eliKible for compensation if:
(1) the state where the crime occurred doesn't have a victim compensation program; or

(2) the state where the crime has occurred has compensated l;0U less than what you are entitled to in Georgia.

(O.CG.A. 17-15-2 and 17-15-7. Effective July 1, 1997). HEALTH CARE

Access to Health Care

p.110 Are group health policies portable?

The Georgia Code requires all group sickness policies issued in Georgia to give credit for pre-existing condition limitations when going from one insurer to another. Pursuant to the Health Insurance Portability and Accountability Act of 1996. ERISA plans are also required to give credit for preexisting conditions.

29 V.S.C.A. 1181-82.

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Family Planning
p. III If I am enrolled in any type of health insurance plan, can I have direct access to a gynecologist or obstetrician who is within the insurers' network of providers or do I have to obtain a referral form from the primary card physician? (new section)
Yes, the Georgia Code provides for direct access of a woman insured under any health benefit policy to the services of a gynecologist or obstetrician who is within the insurers' health policy network or providers. No referrals from another physician are required. This Act also requires disclosure to insured in clear and accurate language of this right to direct access to gynecologists and obstetricians (O.CG.A. 33-24-59. Effective July 1, 1996.)
If I or a family member has an emergency medical condition, can a physician provide me with emergency medical treatment without a referral from my insurance company or managed care entity? (new section)
Yes, the Georgia Code provides that once a person with an emergency medical condition goes to an emergency medical provider, such as an emergency room at a hospital, a physician, nurse or any other medical personnel must evaluate that person. The medical evaluation may include diagnostic testing to determine the extent of the condition of sickness or injury if such testing is appropriate .to stabilize the patient's condition. The attending physician may initiate appropriate intervention to stabilize the patient without seeking or obtaining prior authorization from the patient's insurer, health maintenance organization, or a private benefit plan. The statute also prohibits the patient's insurer, health maintenance organization, or a private benefit plan from denying payment for the provision of such evaluation, diagnostic testing, or treatment provided to stabilize the patient's emergency condition. (O.C.G.A. 31-11-82. Effective July 1, 1997.)

If the crime didn't happen in Georgia, am I still eligible for compensation for my injuries? (new section)

Yes. if you are a Georgia resident and the crime happened in another state you are eliKible for compensation if:
(1) the state where the crime occurred doesn't have a victim compensation program; or

(2) the state where the crime has occurred has compensated l;0U less than what you are entitled to in Georgia.

(O.CG.A. 17-15-2 and 17-15-7. Effective July 1, 1997). HEALTH CARE

Access to Health Care

p.110 Are group health policies portable?

The Georgia Code requires all group sickness policies issued in Georgia to give credit for pre-existing condition limitations when going from one insurer to another. Pursuant to the Health Insurance Portability and Accountability Act of 1996. ERISA plans are also required to give credit for preexisting conditions.

29 V.S.C.A. 1181-82.

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Family Planning
p. III If I am enrolled in any type of health insurance plan, can I have direct access to a gynecologist or obstetrician who is within the insurers' network of providers or do I have to obtain a referral form from the primary card physician? (new section)
Yes, the Georgia Code provides for direct access of a woman insured under any health benefit policy to the services of a gynecologist or obstetrician who is within the insurers' health policy network or providers. No referrals from another physician are required. This Act also requires disclosure to insured in clear and accurate language of this right to direct access to gynecologists and obstetricians (O.CG.A. 33-24-59. Effective July 1, 1996.)
If I or a family member has an emergency medical condition, can a physician provide me with emergency medical treatment without a referral from my insurance company or managed care entity? (new section)
Yes, the Georgia Code provides that once a person with an emergency medical condition goes to an emergency medical provider, such as an emergency room at a hospital, a physician, nurse or any other medical personnel must evaluate that person. The medical evaluation may include diagnostic testing to determine the extent of the condition of sickness or injury if such testing is appropriate .to stabilize the patient's condition. The attending physician may initiate appropriate intervention to stabilize the patient without seeking or obtaining prior authorization from the patient's insurer, health maintenance organization, or a private benefit plan. The statute also prohibits the patient's insurer, health maintenance organization, or a private benefit plan from denying payment for the provision of such evaluation, diagnostic testing, or treatment provided to stabilize the patient's emergency condition. (O.C.G.A. 31-11-82. Effective July 1, 1997.)

What are the minimum coverage periods for post-delivery care of mothers and newborns? (new

section) .'

'

"

'

'

The "Newborn Baby and Mother Protection Act" requires maternity policies in health insurance to provide

a minimum level of coverage for inpatient care for: amother and her newborn child. The minimum levels of

coverage are 48 hours following a normal vaginal delivery and 96 hours following a caesarean section. Any

decision to shorten the lerigth of stay to less than that specified above must be made by the obstetrician and

the patient. The Act requires coverage for up to two follow-up visits in certain circumstances. The Act also requires notice to policyholders regarding thesemtnimum levels of coverage. (O.e.G.A. 33-24~58 through

33-24-60. Effective July I, 1996.)

.

Abortion

p.1l4 What is the status of the law in Georgia concerning partial-birth abortion? (new section)

Partial birth abortions are prohibited in Georgia. The statute describes partial-birth abortions as a procedure in which "the person performing the partial-birth abortion partially vaginally deiivers a living human fetus before ending the life of the fetus and completing delivery." The only exception to this ban is when it is necessary to save the life Of the mother provided that there are no other medical procedures which will save the mother's life. ,Performing a partial-birth abortion is punishable by not more than five years and not more
that $5,000.00, or both.. Awoman upon whom a partial-birth abortion is perforined may not be prosecuted
for violating this statute. The constitutionality of the statute is being challenged in court bya group of physicians and clinics suing on behalf of their patients as well as themselves. (O.e.G.A. 16-12-144. Effective July 1, 1997).

AIDS

p.117 Is there a cure for either HIV or AIDS?

At present, there is no cure for either HIV or AIDS. Millions of dollars are being spent on research

fora 'cure for this disease in both this country and abroad, but no' cure has been found to date. The various

treatments reduce the symptoms of AIDS (e.g. pneumonia), but do not cure it. The new protease inhibitors,

while not a cure for AIDS, do hold the promise of transforming AIDS into a chronic and manageable

condition.

.

Can I be tested for mv without my permission or knowledge?

Except in certain limited cases, such as a guilty plea or conviction of certain sexual offenses known as AIDS-transmitting crimes, individuals should not be tested for HIV without their permission or knowledge. As a general matter, however, the Georgia Code requires all health'care providers who order an HIV test to provide counseling for the person to be tested, as well as giving the person to be tested the opportunity to refuse the test. If a person is unconscious, temporarily incompetent, or comatose, the physician must counsel and obtain consent from the next of kin."

The Georgia Department of Human Resources is allowed, when there is a compelling need to protect the public health, to'examine individuals infected or suspected of being infected with HIV and to administer an HIV test only with the consent of the person to be tested. If the individual to be tested refuses to consent" the Department of Human Resources can petition the Superior Court in the county where the individual lives for a test to be ordered. If the court is convinced tnat' the individual to be tested is reasonably likely to be infected with HIV and there is a compelling need to' proteCt the public health, the court may order the person to submit to an HIV test.

p.l18

Can I be denied access to health care services because I am HIV-positive or have AIDS?

No. According to Title I of the Americans with Disabilities Act, health-care facilities including hospitals and professional offices of health care providers are considered public accommodations. Discrimination against individuals on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodationis prohibited. Both AIDS and the HIV infection. including asymptomatic HIV infections. are considered disabilities under the ADA, which means that you may not be discriminated against by health care providers. (See DISCRIMINATION BASED ON DISABILITIES section). Abbott v. Bragdon, 107 F.3d 934 (6th Cir. 1997) and Runnebaum v. Nationsbank, 123 F. 3d 156 (4th Cir. 1997).

PROPERTY RIGHTS

Wills

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NOTE: The Georgia General Assembly has enacted a new'Probate Code whlchWin become effective

.January 1. 1998. The revisions below are based on the new law which affect those who die on or after

the effective date.

p.138 Why do I want my husband to make a will?

Under the Georgia laws.of intestate succession, the wido~, Qf widower Of a spouse who does not make a will is entitled only to a child's share; the rest of the assets are di vided among the children. H the shares exceed three in number, the surviving spouse will have one-third of the estate and the children will receive two-thirds of the estate. If there are children from your spouse's ear,lier marriage, they would inherit their share along with any children YOl,l and your spouse may have together. If you have minor children and they receive a portion of the entire estate which includes the family house, real property could be tied up until the children are adults.

p.l39 Who will settle my estate?

Also, with a will, you can designate a personal representative. specificany an executor (male) or an executrix (female), of your estate. The choice of an executor or executrix for your estate is very important. The executor/executrix can be a natural person, such as a spou~e or an adult child, or a corporation, such as a Trust Department of a bank, qualified to act in this capacity. You can co-executor but they must act unanimously unless one of the personal representatives is unable to act because of inaccessibility. illness or other incapacity. The executor or executrix; will dispose of your property according to the provisions and requests in the will after you die. H you die with a win. but no executor or executrix is . named or is qualified. then an administrator with the win annexed will be appointed.

A will often makes the settling of your estate go more smoothly and cheaply than if you die without a valid will. If you die without a will (intestate), the court will appoint an administrator or administratrix to.manage and distribute the estate of an intestate. An administrator or administratrix is required to post bond and file an inventory which makes administering of the estate more expensive. However individual heirs may waive the right to receive an inventory or if the heir or beneficiaries act unanimously. they may authorize the probate judge to no longer require the personal representative to file an inventory. The heirs by common consent may also waive the bond requirement. A properly drawn will can relieve the executor or executrix the time and expense of having to file an inventory of the estate's assets and from posting bond with the Probate Court.

a.e.G.A. 53-1-2,53-7-5(a)(l), 53-7-32, 53-7-33, 53-6-50(c). Effective January 1, 1998.

What are the duties of a personal representative (executor/executrix. administrator/administratrix. administrator with the will annexed or county administrator)?

The duties of a personal representative are to take possession, care and control of the property of the person who has died, verify and pay all debts, and distribute the remaining assets to the beneficiaries or heirs. It is often necessary for the executor or the administrator to sell the property of the deceased for payment of debts or for distribution to the beneficiaries. For example, if the testate decedent was a widow with three grown children, the executor might sell her house and distribute one third of the proceeds to each child. [delete the last sentence in this paragraph].

a.C.G.A.53-7-1 and 53-7-2. Effective January 1, 1998.

p.140 When do I need to change my will?

You will need to change your will:

1.

When you move to another state;

2.

When you marry, divorce, or become a widow;

3.

When you inherit substantial property; or

4.

When your children are born or adopted, unless the will contains a provision in

contemplation of these events.

In Georgia, a will is void upon marriage of the testator. the birth of a child to the testator. or the total divorce of the testator as long as the will contains a provision contemplating such an event.

a.c.G.A. 53-4-48(a) and 53-2-76. Effective January 1, 1998.

p.142 What is Year's Support?

Under the Georgia Code, a surviving spouseand/or children are entitled to a Year's Support paid from any property owned by the deceased spouse whether the deceased spouse had a will or not. The surviving spouse (or the guardian of the children if there is not a surviving spouse) must apply to the Probate Court for the Year's Support. The Georgia Code requires that the petition for the Year's Support must be made within two years from the date of her husband's death.

[delete: If the value of the estate is less than $1,600, the entire estate must be set aside for the Year's Support. If the estate is valued at more than $1,600, then at least the amount will be set aside for the Year's Support.]

The judge will look at the family's needs in determining the Year's Support only if an objection is filed. If the widow remarries or dies, she will not be entitled to the year's support.
Many wills contain a provision for his or her spouse instead of a Year's Support. The widow or widower then has to make an election between the will bequests and the Year' sSupport. Minor children do not have to make the same election.

a.e.G.A. 53-3-3, 53-3-5 and 53-3-7. Effective January 1,1998.
Can my husband disinherit me in his will?
In Georgia, a testator may normally dispose of his property in his will to anyone he wants as long as the disposition is not inconsistent with the law or violate public policy. The wife and/or children can be excluded from his will. An excluded spouse or child could contest the will using laws relating to testamentary capacity. undue influence or fraud.
In many states, the widow may elect to take an elective share and can receive a portion of her deceased husband's estate, even though his will disinherited her. In Florida, for example, the elective share is 30% of the fair market value of the decedent's estate subject to administration, except real estate not located in Florida. However, in Georgia, the Year's Support is provided for the widow or widower instead of the elective share.
a.e.G.A. 53-4-1, 53-4-11 and 53-4-12. Effective January 1, 1998.
MONEY MATTERS
Credit
p.151 What if there is incorrect information on my credit report?
Whenever you are denied credit based on information contained in your credit report, the lender must tell you the name and address of the credit reporting agency making the report. When a lender denies credit based on information from someone other than a credit reporting agency, the lender must tell you the nature of that information if you ask for it in writing.
If you are denied credit because of a credit report, you can obtain a copy of that report within 60 days after receipt of notification of the denial to see if the credit report is correct for free during any 12-month period. If you disagree with any of the information in the credit report, the credit reporting agency must report the information as disputed in subseguent reports. Consumer reporting aa:encies have 30 days to complete the reinvestia:ation of disputed information in a credit report free of chara:e.
Information more than seven years old is considered obsolete and must be removed from a credit report with some exceptions. For example. bankruptcy cases are reported until they are 10 years old. However. information is not considered obsolete if the credit transaction is more than $ 150.000.00..
The new amendments to the federal Fair Credit Reportina: Act. effective October 1.1997. provide that a consumer may elect to have her name and address excluded from any list provided by a credit reportina: aa:ency in connection with a credit or insurance transaction not initiated by the consumer by notifyina: the aa:ency that she does not consent to any use of her consumer report in connection with a transaction that she does not initiate. This election will be effective for two years.
15 U.S.e. 605(f), 605 (a)(1), 605 (b)(1) and 611 (a)(l).

Taxes
p.172 What taxes are incurred if I sell my house when I am over 55 years of age?
Under the 1997 Act. there is no longer any special benefit for individuals over 55 years ofage. Gross income does not include gain from the sale or exchange of property if. during the five-year period ending on the date of the sale or exchange. the property has been owned and used by the taxpayers as the taxpayer's principal residence for a period aggregating two years or more. The amount of gain excluded cannot exceed $250.000 unless a joint return is filed and the limit increases to $500.000. This exclusion is available once every two years.

When do I have to pay a federal gift tax?

Anything you give away without getting anything else of adequate value back in return, except for gifts to charities, is subject to the federal gift tax. Tax return 709 must be filed each year to report these gifts. However, there are exceptions to paying gift tax, such as:

1.

Unlimited gifts may be given to a spouse;

2.

You may pay tuition for someone directly to an educational institution;

3.

You may pay someone's medical expenses; and

4.

You may give up to $10,000 per year per person to as many individuals as you want

(after 1998 this amount will be increased by an inflation adjustment).

If you are married, you and your husband can take advantage of the "split gift provision" which increases the exclusion to $20,000 per donee (individual who receives the gift). However, no tax is actually paid until total gifts exceed $600,000 due to the "Unified Credit" which reduces estate taxes. Beginning in 1998. the $600.000 figure will increase annually to a maximum of $1.000.000 in the year 2006.

MEDICARE

p.183 Who is eligible for Part B Supplementary Medical Insurance?

If you are eligible for Part A Hospital Insurance, you will probably qualify for Part B supplementary medical insurance. You must pay a monthly premium for Part B. unless you are also enrolled in Medicaid. MEDICAID

p.184 What are the eligibility requirements for Medicaid?

In general, your eligibility for Medicaid depends on your finances. If you qualify for the Georgia Temporary Assistance for Needy Families program, you automatically qualify for Medicaid. If you do not qualify for either of the above programs, and you have low income, you still may be eligible for Medicaid and/or the Low Income Medicaid Program for non-welfare recipients. You should contact the Department of Health and Human Resources to determine if you qualify.

p. ]85
Do I have a choice in selecting a doctor when I use Medicaid to pay for the services?
Georgia has implemented Medicaid managed care. Some recip-ients do not have a right to select any provider. but must use the HMO primary care gatekeeper. and must have a referral to see a specialist. You can get information explaining how the Medicaid HMOs work from the Department of Human Resources or the managed care systems.
What are the penalties for fraud in obtaining Medicaid?
Fraud in obtaining benefits or in receiving greater benefits than you are entitled is a felony. Medicaid fraud is punishable by a fine or not more than $10,000, or by imprisonment of one to ten years, or by both fine and imprisonment. Further. any property or proceeds received as a result on Medicaid fraud are subject to forfeiture.
a.e.G.A. 49-4-146.3. Effective May 5, 1997. GEORGIA TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM
NOTE: What was formerly the "Aid to Families with Dependent Children" under O.C.G.A. 49-4-100 to 49-4-119 has been repealed and replaced by the Georgia Temporary Assistance for Needy Families Program, O.C.G.A. 49-4-180 to 49-4-192.
p. 186
Who qualifies as a "dependent child" under Georgia law?
One or more children living with a responsible parent. both parents. or other caretaker relative or legal guardian.
a.e.G.A. 49-4-]81. Effective April 22, 1997.
p.186
Ifmy child was born out of wedlock, do I have to provide information about my child's father to receive aid?
Yes. You must cooperate with the Department of Human Resources in establishing paternity in order to retain eligibility for receiving assistance.
a.e.G.A. 49-4-184. Effective April 22, 1997.
p. ]86
If I am receiving benefits and I have another child, will my benefits increase?
No. If you give birth to another child while you are receiving assistance under Georgia Temporary Assistance to Needy Families ("TANF") program, your benefits will not increase because of an additional child. You will qualify for additional benefits, however, if the child was conceived as a result of a verifiable rape or incest.
a.e.G.A. 49-4-186. Effective April 22, 1997.

p. 187
In am under 18, never married, and either am pregnant or have a dependent child, when would I NOT qualify for TANF benefits?
You will not qualify for TANF benefits if:
1. You and your dependent child are not living with your parent, guardian or an adult relative, or another supportive living arrangement, such as a foster home, or maternity home, that is supervised by an adult, or
2. If you have a child at least 12 weeks old and have not completed your high school education or eguivalent.
These rules will not apply if: 1. The person applying for benefits has no parent or guardian whose whereabouts
are known; 2. No parent or legal guardian allows the applicant to live in his or her home; 3. When the Department of Human Resources determines that there is good cause
for not applying this rule: or 4. The applicant or recipient participates or obtains passing grades in educational
activities directed toward getting a high school education or alternative program approved by the Department of Human Resources.
O.e.G.A. 49-4-184. Effective April 22, 1997.
p.187
Are there any employment or training programs in which I will be required to participate?
Yes. After initial assessment and once the state determines that you are ready for work activity you are reguired to engage in work activity as soon as possible. after making your application for assistance. You MUST begin work activity no later than 24 months after you receive your first cash assistance. Exceptions will be made if you have a child less than 12 months old until adeguate child care is available.
O.e.G.A. 49-4-182 and 49-4-185. Effective April 22, 1997.
p. 187
DELETE FOLLOWING QUESTION: If my dependent child is 16 years or older, will he or she be required to participate in any programs?
p. 187
If I refuse my employment or terminate my employment, will I still receive benefits?
If you violate the work participation reguirement you will be subject to a 25% reduction of your cash assistance for a specified amount of time for the first violation and termination of cash assistance. for any subseguent violations. Contact the Department of Human Resources for more details on the work participation reguirement. (See Resource Directory.)
O.e.G.A. 49-4-185. Effective April 22, 1997.

DELETE FOLLOWING QUESTION: If I receive benefits, will I receive instruction about family planning and parenting skiDs?
If I receive benefits, how can I receive information on other forms of assistance? (new)
The Social Assistance Register provides a listing of those associations. organizations and individuals that are willing to assist citizens receiving uublic assistance. Contact the Department of Human Resources for more information. (See Resource Directory.)
How long can I receive benefits under the TANF program? (new)
Cash assistance to the head of the household (or spouse) is limited to 48 months. whether or not
consecutive. beldnning .January I. 1997.
What is "cash assistance"? (new)
Cash assistance is the money payment component of TANF assistance.
o.e.G.A. 49-4-181. Effective April 22, 1997.
What are the eligibility requirements under the TANF program? (new)
You are INELIGIBLE to receive benefits (and will no longer receive benefits) if:
1. The applicant's or recipient's family fails to include a minor child; 2. You fail to cooperate in establishing paternity. provide assistance in
fraud and abuse investigation; 3. You fail to assist in establishing. modifying or enforcing a child support order
with respect to a minor child of the applicant or child who is the recipient; 4. You fail to assign your rights to support from other persons to the Georgia
Department of Human Resources; 5. You are convicted of a serious violent felony pursuant to O.C.G.A. 1710-16.1(a)
on or after .January 1. 1997; 6. You are fleeing to avoid prosecution, custody or confinement after conviction of
a felony; 7. You violate your probation or parole; 8. You are pregnant and you fail to actively participate with prenatal care as
directed by the Georgia Department of Human Resources.
o.C.G.A. 49-4-187. Effective April 22, 1997.
Will I receive benefits in Georgia if I move here from another state? (new)
Yes. If you move to Georgia and you received benefits in another state, pursuant to the Federal Social Security Act, then you can receive the same level of assistance for the same period of time if you meet the same reguirements and restrictions as Georgia residents. If you received a lower amount of assistance in the previous state than a comparable family unit in Georlda, you will receive the SAME AMOUNT that you received in the previous state for no more than 12 months.
O.e.G.A.49-4-187. Effective April 22, 1997.

How long can I receive benefits if I move to Georgia from another state where I was receiving benefits? (new)
. The time period will be the same as it was in the other state if the maximum time period is shorter than the time period in Georgia.
a.e.G.A. 49-4-187. Effective April 22, 1997.
If I am an alien, can I receive benefits? (new)
Yes. If you are a Qualified alien who arrived before August 22. 1996 and were eligible to receive benefits under the AFDC program. you will continue to be eligible to receive benefits under the TANF program upon meeting the TANF reQuirements for all Georgia applicants. Qualified aliens who arrived after August 22. 1996 are NQTeligible for benefits except to the extent reQuired by federal law. provided that they will be eligible for cash assistance until July I. 1998.
What is the LEARNFARE program?
The LEARNFARE program reQuires that any 13-16 year old child who is included on a TANF grant MUST attend school. For each month that the teenager fails to meet the monthly requirement they will be removed from the TANF grant for the next pay month. If the teenager drops out of school they will be removed from the grant until the Department of Human Resources receives notice from the school system of re-enrollment. The teenager must meet the monthly reQuirement for one calendar month before they are reinstated on the grant. Contact the Department of Human Resources to find out if the LEARNFARE program is in place in your county. (See Resources Directory.)
a.c.G.A. 49-4-192. Effective April 22, 1997.