O.C.G.A. § 31-5-24 (2019)

Annotations

Editor's notes. - This Code section was based on Code 1933, § 88-306A, enacted by Ga. L. 1975, p. 693, § 1.

Law reviews. - For article on the 2015 repeal of this Code section, see 32 Ga. St. U. L. Rev. 63 (2015).

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CHAPTER 5A DEPARTMENT OF COMMUNITY HEALTH

31-5A-1 through 31-5A-8.

Editor's notes. - Ga. L. 2009, p. 453, § 1-1/HB 228, effective July 1, 2009, redesignated former Chapter 5A of Title 31 as present Chapter 2 of Title 31.

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CHAPTER 6 STATE HEALTH PLANNING AND DEVELOPMENT

Article 1

General Provisions.

31-6-1. Declaration of policy.

31-6-2. Definitions.

31-6-3. "Medical use rights" defined; limitations.

Article 2

Organization.

31-6-20. Health Strategies Council generally [Repealed].

31-6-21. Department of Community Health functions and powers.

31-6-21.1. Procedures for rule making by Department of Community Health.

31-6-22. Commissioner of department [Repealed].

Article 3

Certificate of Need Program.

31-6-40. Certificate of need required for new institutional health services; exemption.

31-6-40.1. Acquisition of health care facilities; penalty for failure to notify department; limitation on applications; agreement to care for indigent patients; requirements for destination cancer hospitals; notice and hearing provisions for penalties authorized.

31-6-40.2. New perinatal services.

31-6-40.3. Conversion of destination cancer hospital to general cancer hospital; procedure; requirements.

31-6-41. Scope and term of validity of certificate.

31-6-42. Qualifications for issuance of certificate.

31-6-42.1. Payment of obligations prior to granting or modifying a certificate of need.

31-6-43. Acceptance or rejection of application for certificate.

31-6-44. Certificate of Need Appeal Panel.

31-6-44.1. Judicial review.

31-6-45. Revocation of certificate of need; enforcement of chapter; regulatory investigations and examinations.

31-6-45.1. Automatic revocation of certificate of need or authority.

31-6-45.2. Participation as Medicaid provider requirement; termination by health care facility of participation as provider of medical assistance; monetary penalty.

31-6-46. Annual report by department.

31-6-47. Exemptions from chapter.

31-6-47.1. Prior notice and approval of certain activities.

31-6-48. Prior entities abolished; transfer of contractual obligations.

31-6-49. Transitional provisions.

31-6-50. Application of review procedures to expenditures under Section 1122 of the federal Social Security Act.

Article 4

Reports.

31-6-70. Reports to the department by certain health care facilities and all ambulatory surgical centers and imaging centers; public availability.

Article 5

State Commission on the Efficacy of the Certificate of Need Program.

31-6-90 through 31-6-95 [Repealed].

Cross references. - Offering continuing care when resident purchases resident owned living unit, § 33-45-7.1.

Administration of mental health and developmental disabilities services generally, T. 37, C. 2.

Editor's notes. - Ga. L. 1983, p. 1566, § 1, effective July 1, 1983, repealed the Code sections formerly codified at this chapter, also pertaining to state health planning and development, and enacted the current chapter. The former chapter consisted of Code Sections 31-6-1, 31-6-2, 31-6-20 through 31-6-28, and 31-6-40 through 31-6-51 and was based on Ga. L. 1978, p. 941, § 4; Ga. L. 1979, p. 1109, §§ 1-3; and Ga. L. 1982, p. 3, § 31.

Administrative Rules and Regulations. - Administration, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Health Planning, Chapter 111-2-1.

Certificate of need, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Health Planning, Chapter 111-2-2.

Patient's right to independent review, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Health Planning, Chapter 111-2-3.

JUDICIAL DECISIONS

Enforcement of chapter. - Prior to the 1983 reenactment, O.C.G.A. T. 31, Ch. 6, authorized a health planning agency to bring an action to enforce provisions of that chapter, but did not give standing to a competitor of a health service provider. Executive Comm. v. Metro Ambulance Servs., Inc., 250 Ga. 61, 296 S.E.2d 547 (1982).

RESEARCH REFERENCES

ALR. - Regulation of practice of acupuncture, 17 A.L.R.4th 964.

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ARTICLE 1 GENERAL PROVISIONS

RESEARCH REFERENCES

Denial of Hospital Staff Privileges, 1 POF2d 65.

Hospital's Failure to Supervise Private Physician Using Hospital Facilities, 6 POF2d 647.

Hospital Liability for Negligent Selection of Staff Physician, 14 POF3d 433.

Hospital Liability for Negligent Retention of Staff Physician, 15 POF3d 181.

Discrimination in Provision of Medical Services on Basis of Disability, 49 POF3d 1.

Liability of Physician for Improper Referral of Patients to a Medical Care Facility in which Physician has a Financial Interest, 61 POF3d 245.

Liability of Health Maintenance Organizations, 66 POF3d 1.