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Session Laws, 1984
Volume 759, Page 3149   View pdf image
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HARRY HUGHES, Governor                                         3149

(1)   in accordance with a court order; or

(2)  by a representative of a local department who
states that the representative believes the child is an abused
child.

[(b)] (C) If a physician examines a child under subsection
(a) of this section and determines that [immediate] EMERGENCY
medical treatment is indicated, the physician may treat the
child, with or without the consent of the child's parent,
guardian, or custodian.

[(c)] (D) (1) A physician who examines OR TREATS a child
under [subsection (a) of this section or who treats a child under
subsection (b) of] this section is immune from any civil
liability that may result from the failure to obtain consent from
the child's parent, guardian, or custodian for the examination or
treatment of the child.

(2) The immunity extends to:

(i) any health care institution with which the
physician is affiliated, or to which the child is brought; and

(ii) any individual working under the control
or supervision of the physician or under the control or
supervision of the health care institution.

[(d)] (E) (1) The local health department DEPARTMENT OF
HEALTH AND MENTAL HYGIENE, IN ACCORDANCE WITH RULES AND
REGULATIONS PROMULGATED BY THE SECRETARY OF HEALTH AND MENTAL
HYGIENE shall pay for [all reasonable physician and health care
institution] EMERGENCY MEDICAL TREATMENT charges that are
incurred on behalf of a child who is examined or treated under
this section SUBSECTION (B) OF THIS SECTION.

(2)  The child's parent or guardian is liable to the
local health department DEPARTMENT OF HEALTH AND MENTAL HYGIENE
for the payments AND SHALL TAKE ANY STEPS NECESSARY TO SECURE
HEALTH BENEFITS AVAILABLE FOR THE CHILD FROM A PUBLIC OR PRIVATE
BENEFIT PROGRAM.

(3)  THE LOCAL DEPARTMENT OF SOCIAL SERVICES SHALL:

(I)   IMMEDIATELY DETERMINE WHETHER A CHILD
TREATED OR EXAMINED UNDER THIS SECTION IS ELIGIBLE FOR MEDICAL
ASSISTANCE PAYMENTS; AND

(II)  SECURE MEDICAL ASSISTANCE BENEFITS FOR ANY
ELIGIBLE CHILD EXAMINED OR TREATED UNDER THIS SECTION.

(F) TO THE EXTENT POSSIBLE, THE GOVERNOR SHALL INCLUDE IN
THE ANNUAL STATE BUDGET FUNDS FOR THE PAYMENT OF EMERGENCY
MEDICAL TREATMENT FOR CHILDREN EXAMINED OR TREATED UNDER THIS
SECTION.

 

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Session Laws, 1984
Volume 759, Page 3149   View pdf image
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