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2018 Georgia Code 31-7-70 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-7-70 Case Law from Google Scholar Amendments to OCGA 31-7-70

TITLE 31 HEALTH

Section 7. Regulation and Construction of Hospitals and Other Health Care Facilities, 31-7-1 through 31-7-412.

ARTICLE 4 COUNTY AND MUNICIPAL HOSPITAL AUTHORITIES

31-7-70. Short title.

This article shall be known and may be cited as the "Hospital Authorities Law."

(Code 1933, § 88-1801, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1996, p. 6, § 31.)

Administrative Rules and Regulations.

- Rural Hospital Assistance Act, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Health Planning, Chapter 111-2-4.

Law reviews.

- For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).

JUDICIAL DECISIONS

Ga. L. 1964, p. 499, § 1 repealed and superseded the 1941 Hospital Authorities Law. Collins v. Nix, 125 Ga. App. 520, 188 S.E.2d 235 (1972) (see O.C.G.A. § 31-7-70).

Members of authority boards cannot discharge duties by proxy.

- Since such authorities as this section creates are in effect instrumentalities of the state discharging essential governmental obligations, it would be contrary to public interest to hold that members of boards of such authorities could discharge their solemn responsibilities by way of proxies; therefore, they must discharge them in person. Collins v. Nix, 125 Ga. App. 520, 188 S.E.2d 235 (1972) (see O.C.G.A. § 31-7-70 et seq.)

Punitive damages not allowed against authority.

- It is against Georgia public policy to allow an award of punitive damages in a medical malpractice action against a hospital authority created as a governmental entity under the Hospital Authorities Act, O.C.G.A. § 31-7-70 et seq. Hospital Auth. v. Martin, 210 Ga. App. 893, 438 S.E.2d 103 (1993), aff'd, 264 Ga. 626, 449 S.E.2d 827 (1994).

Hospital authority's receipt of funds from two counties in general support of an indigent treatment program did not divest the authority or the authority's hospital of their character as county agencies or instrumentalities so as to waive sovereign immunity. Culberson v. Fulton-DeKalb Hosp. Auth., 201 Ga. App. 347, 411 S.E.2d 75, cert. denied, 201 Ga. App. 905, 411 S.E.2d 75 (1991).

ERISA preemption.

- In a breach of contract case, defendants' Fed. R. Civ. P. 12(b)(6) motion to dismiss on the basis of Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., preemption was denied because the insured's former employer, a hospital authority, was a government political subdivision, agency, or instrumentality for purposes of ERISA's governmental plan exemption; the hospital authority was created pursuant to the Georgia Hospital Authorities Act, O.C.G.A. § 31-7-70 et seq. Williams-Mason v. Reliance Std. Life Ins. Co., F. Supp. 2d (S.D. Ga. June 16, 2006).

Cited in Hospital Auth. v. Stewart, 226 Ga. 530, 175 S.E.2d 857 (1970); Daughtrey v. State, 226 Ga. 758, 177 S.E.2d 670 (1970).

OPINIONS OF THE ATTORNEY GENERAL

Hospital authority may not own or operate a for profit business corporation. 1995 Op. Att'y Gen. No. U95-11.

Conflict of interest of hospital authority board member.

- Member of a hospital authority board has an impermissible conflict of interest if the member has any financial interest, not de minimis, in an entity conducting business with the authority notwithstanding the existence of an intermediary between the board and the entity. 1995 Op. Att'y Gen. No. U95-11.

Authority's right to operate and charge for ambulance service.

- Hospital authority has right to operate ambulance service for transportation of patients to and from the authority's hospital and may make charges for such service. 1965-66 Op. Att'y Gen. No. 66-176.

RESEARCH REFERENCES

ALR.

- Medical malpractice: negligent catheterization, 31 A.L.R.5th 1.

Cases Citing O.C.G.A. § 31-7-70

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Richmond Cnty. Hosp. Auth. v. Richmond Cnty., 336 S.E.2d 562 (Ga. 1985).

Cited 40 times | Published | Supreme Court of Georgia | Nov 21, 1985 | 255 Ga. 183

...MARSHALL, Presiding Justice. The Richmond County Hospital Authority (the Authority) is a governmental entity which was created in 1960 by resolution of the Board of Commissioners of Richmond County, pursuant to the Hospital *184 Authorities Act (OCGA § 31-7-70 et seq.; Ga....
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Smith v. Northside Hosp., Inc., 302 Ga. 517 (Ga. 2017).

Cited 21 times | Published | Supreme Court of Georgia | Nov 2, 2017 | 807 S.E.2d 909

...control.” This is simply not a correct statement of the law or of what the Authority actually did. To understand the nature of the Authority’s relationship with Northside, it is important to understand the Georgia Hospital Authorities Law (OCGA § 31-7-70 et seq.), the statute authorizing their arrangement....
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Cheely v. State of Ga., 309 S.E.2d 128 (Ga. 1983).

Cited 7 times | Published | Supreme Court of Georgia | Nov 30, 1983 | 251 Ga. 685

...hospital renovation project and to maintain adequate health care services to accommodate the county's indigent sick persons. Appellants assail the contract's validity on two grounds. First they contend that the Georgia Hospital Authorities Law, OCGA § 31-7-70 et seq....
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Brophy v. McCranie, 264 Ga. 187 (Ga. 1994).

Cited 4 times | Published | Supreme Court of Georgia | Apr 18, 1994 | 442 S.E.2d 230, 94 Fulton County D. Rep. 1323

...Decided April 18, 1994. Reconsideration Denied May 16, 1994. Harrison, Harrison & Llop, Milton Harrison, for appellants. Groover & Childs, Denmark Groover, Jr., Billy W. Walker, for appellee. HUNT, Chief Justice. This appeal involves the Hospital Authorities Law, OCGA § 31-7-70 et seq., and the appointment and composition of members of the Dodge County Hospital Authority under that law....
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Colquitt Cnty. Hosp. Auth. v. Health Star, Inc., 417 S.E.2d 147 (Ga. 1992).

Cited 4 times | Published | Supreme Court of Georgia | Jun 25, 1992 | 262 Ga. 285, 92 Fulton County D. Rep. 1166

...and imposition of an injunction against the authority, permanently enjoining it from engaging, directly or indirectly, in certain health care related activities. We reverse. The authority is a governmental entity created pursuant to what is now the Hospital Authorities Law (OCGA § 31-7-70 et seq.; Ga....