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2018 Georgia Code 31-6-21 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-6-21 Case Law from Google Scholar Amendments to OCGA 31-6-21

TITLE 31 HEALTH

Section 6. State Health Planning and Development, 31-6-1 through 31-6-95.

ARTICLE 2 ORGANIZATION

31-6-21. Department of Community Health generally.

  1. The Department of Community Health, established under Chapter 2 of this title, is authorized to administer the certificate of need program established under this chapter and, within the appropriations made available to the department by the General Assembly of Georgia and consistently with the laws of the State of Georgia, a state health plan adopted by the board. The department shall provide, by rule, for procedures to administer its functions until otherwise provided by the board.
  2. The functions of the department shall be:
    1. To conduct the health planning activities of the state and to implement those parts of the state health plan which relate to the government of the state;
    2. To prepare and revise a draft state health plan;
    3. To seek advice, at its discretion, from the Health Strategies Council in the performance by the department of its functions pursuant to this chapter;
    4. To adopt, promulgate, and implement rules and regulations sufficient to administer the provisions of this chapter including the certificate of need program;
    5. To define, by rule, the form, content, schedules, and procedures for submission of applications for certificates of need and periodic reports;
    6. To establish time periods and procedures consistent with this chapter to hold hearings and to obtain the viewpoints of interested persons prior to issuance or denial of a certificate of need;
    7. To provide, by rule, for such fees as may be necessary to cover the costs of hearing officers, preparing the record for appeals before such hearing officers and the Certificate of Need Appeal Panel of the decisions of the department, and other related administrative costs, which costs may include reasonable sharing between the department and the parties to appeal hearings;
    8. To establish, by rule, need methodologies for new institutional health services and health facilities. In developing such need methodologies, the department shall, at a minimum, consider the demographic characteristics of the population, the health status of the population, service use patterns, standards and trends, financial and geographic accessibility, and market economics. The department shall establish service-specific need methodologies and criteria for at least the following clinical health services: short stay hospital beds, adult therapeutic cardiac catheterization, adult open heart surgery, pediatric cardiac catheterization and open heart surgery, Level II and III perinatal services, freestanding birthing centers, psychiatric and substance abuse inpatient programs, skilled nursing and intermediate care facilities, home health agencies, and continuing care retirement community sheltered facilities;
    9. To provide, by rule, for a reasonable and equitable fee schedule for certificate of need applications;
    10. To grant, deny, or revoke a certificate of need as applied for or as amended; and
    11. To perform powers and functions delegated by the Governor, which delegation may include the powers to carry out the duties and powers which have been delegated to the department under Section 1122 of the federal Social Security Act of 1935, as amended.

(Code 1981, §31-6-21, enacted by Ga. L. 1983, p. 1566, § 1; Ga. L. 1984, p. 22, § 31; Ga. L. 1985, p. 829, § 1; Ga. L. 1992, p. 6, § 31; Ga. L. 1994, p. 684, § 1; Ga. L. 1999, p. 296, §§ 6, 22; Ga. L. 2007, p. 173, § 2C/HB 429; Ga. L. 2008, p. 12, § 1-1/SB 433; Ga. L. 2009, p. 8, § 31/SB 46; Ga. L. 2009, p. 453, § 1-8/HB 228.)

Editor's notes.

- 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.

U.S. Code.

- Section 1122 of the federal Social Security Act of 1935, as amended, referred to in paragraph (11), is codified as 42 U.S.C. § 1320a-1.

JUDICIAL DECISIONS

Criteria used by Review Board.

- Review Board could use not only the considerations listed in O.C.G.A. § 31-6-42, but also Health Planning Agency standards and criteria interpreting those standards, to make a decision in the case before the board. North Fulton Community Hosp. v. State Health Planning & Dev. Agency, 168 Ga. App. 801, 310 S.E.2d 764 (1983).

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).

Rule 272-2-.09(13) construed.

- Cardiac Surgery Rule, Rule 272-2-.09(13), promulgated pursuant to O.C.G.A. § 31-6-21, does not place a two-year moratorium on applications for adult cardiac surgery services and pediatric cardiac catheterization and surgical services, but merely requires that the applicant show need. Chatham County Hosp. Auth. & Mem. Medical Center, Inc. v. St. Joseph's Hosp., 178 Ga. App. 628, 344 S.E.2d 463 (1986).

Cited in Ga. Dep't of Cmty. Health, Div. of Health Planning v. Gwinnett Hosp. Sys., 262 Ga. App. 879, 586 S.E.2d 762 (2003).

Cases Citing Georgia Code 31-6-21 From Courtlistener.com

Total Results: 6

KENNESTONE HOSPITAL, INC. v. EMORY UNIVERSITY

Court: Supreme Court of Georgia | Date Filed: 2024-02-06

Snippet: including the certificate of need program.” OCGA § 31-6-21 (b) (4). The statute specifically au- thorizes

Kennestone Hospital, Inc. v. Northside Hospital, Inc.

Court: Supreme Court of Georgia | Date Filed: 2014-06-30

Snippet: the rule”) (citation omitted). See also OCGA § 31-6-21.1 (a) (“Rules of the [DCH] shall be adopted, promulgated

Georgia Department of Community Health v. Northside Hospital, Inc.

Court: Supreme Court of Georgia | Date Filed: 2014-06-30

Citation: 295 Ga. 446, 761 S.E.2d 74, 2014 WL 2925207, 2014 Ga. LEXIS 543

Snippet: the rule”) (citation omitted). See also OCGA § 31-6-21.1 (a) (“Rules of the [DCH] shall be adopted, promulgated

Albany Surgical, P.C. v. Georgia Department of Community Health

Court: Supreme Court of Georgia | Date Filed: 2004-09-13

Citation: 278 Ga. 366, 602 S.E.2d 648, 2004 Fulton County D. Rep. 2937, 2004 Ga. LEXIS 627

Snippet: regulations were authorized by statute, OCGA § 31-6-21 (b) (4), and that they were reasonable. Albany

North Fulton Medical Center, Inc. v. Stephenson

Court: Supreme Court of Georgia | Date Filed: 1998-05-26

Citation: 501 S.E.2d 798, 269 Ga. 540

Snippet: legislative grant of authority is set forth in OCGA § 31-6-21(b)(4), which provides that it is authorized "to

HCA Health Services, Inc. v. Roach

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: rules in order to administer that program. OCGA § 31-6-21 (a) and (b) (4). The detailed procedures for rulemaking