Georgia healthcare advertising rules the checker applies

Rules for Georgia

1. CG-GAS-001 · Warns · Citation checked against stored text

   Georgia lets the Composite Medical Board discipline a licensee who takes a fee on the representation that a manifestly incurable disease can be permanently cured. Promising a permanent cure invites that finding.

   Source: O.C.G.A. 43-34-8(a)(6) ("obtained a fee or other thing of value on the representation that a manifestly incurable disease can be permanently cured")

   Safer wording: Describe what the treatment may do and for whom, with a source. Do not promise a permanent cure.

   O.C.G.A. 43-34-8 · Needs counsel review

2. CG-GAS-002 · Warns · Citation checked against stored text

   Georgia lets the Board discipline a licensee for untruthful or improbable statements, or flamboyant or extravagant claims about professional excellence or treatment protocols.

   Source: O.C.G.A. 43-34-8(a)(6) ("untruthful or improbable statements, or flamboyant or extravagant claims concerning his or her professional excellence or treatment protocols")

   Safer wording: Stick to credentials, training and experience you can document. Cut superlatives and miracle language.

   O.C.G.A. 43-34-8 · Needs counsel review

3. CG-GAS-003 · Warns · Citation checked against stored text

   Georgia lets the Board discipline a licensee who divides fees for bringing or referring a patient, and the Patient Self-Referral Act imposes civil penalties for dividing fees solely for referring a patient.

   Source: O.C.G.A. 43-34-8(a)(9) ("divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient"); see also O.C.G.A. 43-1B-4(7)

   Safer wording: Remove payments or fee-sharing tied to patient referrals from recruiting and partnership copy. Counsel should review the arrangement.

   O.C.G.A. 43-34-8, O.C.G.A. 43-1B-4 · Needs counsel review

4. CG-GAS-004 · Warns · Citation checked against stored text

   Georgia bars a health care provider from referring a patient for designated health services to an entity in which the provider has an investment interest, including compensation tied to referrals.

   Source: O.C.G.A. 43-1B-4(1) ("A health care provider may not refer a patient for the provision of designated health services to an entity in which the health care provider has an investment interest")

   Safer wording: Remove offers that link ownership, profit sharing or investment returns to patient referrals. Counsel must review any such arrangement.

   O.C.G.A. 43-1B-4 · Needs counsel review

5. CG-GAS-005 · Warns · Citation checked against stored text

   Georgia treats it as a deceptive or misleading practice for a licensed health care provider to advertise, as an inducement to attract patients, the waiver of an insurance deductible or copayment.

   Source: O.C.G.A. 43-1-19.1(a) ("to advertise, as an inducement to attract patients, the waiver of a deductible or copayment required to be made to such person under the patient's health insurance policy or plan")

   Safer wording: Do not advertise copay or deductible waivers. Say which insurance plans you accept and what they cover.

   O.C.G.A. 43-1-19.1 · Needs counsel review

6. CG-GAS-006 · Warns · Citation checked against stored text

   Georgia makes it an unfair or deceptive practice to market a card that is not insurance and offers health care discounts when it lacks a prominent notice in boldface type that the discounts are not insurance.

   Source: O.C.G.A. 10-1-393(b)(32) ("does not contain a notice expressly and prominently providing in boldface type that such discounts are not insurance")

   Safer wording: State plainly that the card is not insurance, and make sure each discount is backed by a contract with the provider.

   O.C.G.A. 10-1-393 · Needs counsel review

7. CG-GAS-007 · Warns · Citation checked against stored text

   Georgia rules treat prescribing controlled substances or dangerous drugs based solely on an electronic consultation, or treating by electronic means without a history and physical by a Georgia licensee, as unprofessional conduct.

   Source: Ga. Comp. R. & Regs. 360-3-.02(6) ("Providing treatment via electronic or other means unless a history and physical examination of the patient has been performed by a Georgia licensee")

   Safer wording: Say that care starts with a real evaluation by a Georgia-licensed clinician and that prescribing is the clinician''s decision.

   Ga. Comp. R. & Regs. 360-3 · Needs counsel review

8. CG-GAS-008 · Warns · Citation checked against stored text

   Georgia bars representing that services have benefits or characteristics they do not have. Saying a health service has no risk or no side effects is likely to mislead.

   Source: O.C.G.A. 10-1-393(b)(5) ("Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have"); see also O.C.G.A. 10-1-372

   Safer wording: State the main risks plainly or say where they are explained. Do not claim a health service is risk-free.

   O.C.G.A. 10-1-393, O.C.G.A. 10-1-372 · Needs counsel review