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Call Now: 904-383-7448The policy of this state and the purposes of this chapter are to ensure access to quality health care services and to ensure that health care services and facilities are developed in an orderly and economical manner and are made available to all citizens and that only those health care services found to be in the public interest shall be provided in this state. To achieve such public policy and purposes, it is essential that appropriate health planning activities be undertaken and implemented and that a system of mandatory review of new institutional health services be provided. Health care services and facilities should be provided in a manner that avoids unnecessary duplication of services, that is cost effective, that provides quality health care services, and that is compatible with the health care needs of the various areas and populations of the state.
(Code 1981, §31-6-1, enacted by Ga. L. 1983, p. 1566, § 1; Ga. L. 2008, p. 12, § 1-1/SB 433.)
- Pursuant to Code Section 28-9-5, in 2008, the second occurrence of "and" was deleted preceding "purposes, it is essential" in the second sentence.
- Ga. L. 2008, p. 12, § 3-1/SB 433, not codified by the General Assembly, provides that the amendment to this Code section shall only apply to applications submitted on or after July 1, 2008.
- By its plain terms, O.C.G.A. § 31-6-40(a)(7)(C) does not authorize monopolistic contracts relating to providers of new institutional health services and only requires that all such providers obtain a Certificate of Need (CON) before adding new services; thus, it did not implicate the Anti-Competitive Contracts Clause in any way as the requirement did not authorize contracts between service providers or anyone else that would encourage a monopoly. Women's Surgical Ctr., LLC v. Berry, 302 Ga. 349, 806 S.E.2d 606 (2017).
- Georgia Supreme Court held the availability of quality health care services was certainly a legitimate legislative purpose and that the government objectives with respect to Georgia's certificate of need laws were indeed legitimate. Women's Surgical Ctr., LLC v. Berry, 302 Ga. 349, 806 S.E.2d 606 (2017).
- Reversal of the agency and denial of a Certificate of Need (CON) was affirmed because the atypical barrier exception did not support the agency's grant of the CON as the agency's interpretation of the atypical barrier exception in the rule was inconsistent with the plain language of the rule, clearly erroneous, and prejudiced the substantial rights of the challenging hospitals who already provided the same services. ASMC, LLC v. Northside Hosp., Inc., 344 Ga. App. 576, 810 S.E.2d 663 (2018).
Cited in St. Joseph's Hosp. v. Hospital Corp. of Am., 795 F.2d 948 (11th Cir. 1986); HCA Health Servs., Inc. v. Roach, 263 Ga. 798, 439 S.E.2d 494 (1994); Ga. Dep't of Cmty. Health, Div. of Health Planning v. Gwinnett Hosp. Sys., 262 Ga. App. 879, 586 S.E.2d 762 (2003); Tanner Med. Ctr., Inc. v. Vest Newnan, LLC, 337 Ga. App. 884, 789 S.E.2d 258 (2016).
- 39A C.J.S., Health and Environment, § 9.
Total Results: 4
Court: Supreme Court of Georgia | Date Filed: 2024-02-06
Snippet: areas and popula- tions of the state.” OCGA § 31-6-1. To that end, the CON Act requires “new institutional
Court: Supreme Court of Georgia | Date Filed: 2017-10-16
Citation: 302 Ga. 349, 806 S.E.2d 606
Snippet: (citations and punctuation omitted). Pursuant to OCGA § 31-6-1, the purpose of the CON laws is to ensure access
Court: Supreme Court of Georgia | Date Filed: 1994-02-07
Citation: 439 S.E.2d 494, 263 Ga. 798, 94 Fulton County D. Rep. 479, 1994 Ga. LEXIS 71
Snippet: health care services throughout the state. OCGA § 31-6-1. The Act sets forth specific circumstances whereby
Court: Supreme Court of Georgia | Date Filed: 1985-06-27
Citation: 330 S.E.2d 885, 254 Ga. 500, 1985 Ga. LEXIS 809
Snippet: Planning and Development Act (the Act). OCGA § 31-6-1 et seq. (former Code Ann. § 88-3301 et seq.). OCGA