O.C.G.A. § 31-6-40.2 (2019)
New perinatal services
(a) As used in this Code section only, the term:
(1) ‘‘Certificate of need application’’ means an application for a certificate of need filed with the department, any amendments thereto, and any other written material relating to the application and filed by the applicant with the department.
(2) ‘‘First three years of operation’’ means the first three consecutive 12 month periods beginning on the first day of a new perinatal service’s first full calendar month of operation.
(3) ‘‘First year of operation’’ means the first consecutive 12 month period beginning on the first day of a new perinatal service’s first full calendar month of operation.
(4) ‘‘New perinatal service’’ means a perinatal service whose first year of operation ends after April 6, 1992.
(5) ‘‘Perinatal service’’ means obstetric and neonatal services relating to managing high-risk pregnancies, care for moderately ill newborns, care for all maternal and fetal complications either on site or by referral, and operation of neonatal intensive care units equipped to treat critically ill newborns; provided however, this shall not include basic perinatal services as defined in Code Section 31-6-2.
(6) ‘‘Year’’ means one of the three consecutive 12 month periods in a new perinatal service’s first 36 months of operation.
(b)(1) A new perinatal service shall provide uncompensated indigent or charity care in an amount which meets or exceeds the department’s established minimum at the time the department issued the certificate of need approval for such service for each of the service’s first three years of operation; provided, however, that if the certificate of need application under which a new perinatal service was approved included a commitment that uncompensated indigent or charity care would be provided in an amount greater than the established minimum for any time period described in the certificate of need application that falls completely within such new perinatal service’s first three years of operation, such new perinatal service shall provide indigent or charity care in an amount which meets or exceeds the amount committed in the certificate of need application for each time period described in the certificate of need application that falls completely within the service’s first three years of operation.
(2) The department shall revoke the certificate of need and authority to operate of a new perinatal service if after notice to the grantee of the certificate or such grantee’s successors, and after opportunity for a fair hearing pursuant to Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act,’’ the department determines that such new perinatal service has failed to provide indigent or charity care in accordance with the requirements of paragraph (1) of this subsection and such failure is determined by the department to be for reasons substantially within the perinatal service provider’s control. The department shall provide the requisite notice, conduct the fair hearing, if requested, and render its determination within 90 days after the end of the first year, or, if applicable, the first time period described in paragraph (1) of this subsection during which the new perinatal service fails to provide indigent or charity care in accordance with the requirements of paragraph (1) of this subsection. Revocation shall be effective 30 days after the date of the determination by the department that the requirements of paragraph (1) of this subsection have not been met.
(c)(1) A new perinatal service shall achieve the standard number of births specified in the state health plan in effect at the time of the issuance of the certificate of need approval by the department in at least one year during its first three years of operation.
(2) The department shall revoke the certificate of need and authority to operate of a new perinatal service if after notice to the grantee of the certificate of need or such grantee’s successors, and after opportunity for a fair hearing pursuant to Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act,’’ the department determines that such new perinatal service has failed to comply with the applicable requirements of paragraph (1) of this subsection and such failure is determined by the department to be for reasons substantially within the perinatal service provider’s control. The department shall provide the requisite notice, conduct the fair hearing, if requested, and render its determination within 90 days after the end of the new perinatal service’s first three years of operation. Revocation shall be effective 30 days after the date of the determination by the department that the requirements of this paragraph or paragraph (1) of this subsection have not been met.
(d) Nothing contained in this Code section shall limit the department’s authority to regulate perinatal services in ways or for time periods not addressed by the provisions of this Code section.
History
Code 1981, § 31-6-40.2, enacted by Ga. L. 1992, p. 1068, § 1; Ga. L. 1999, p. 296, § 22; Ga. L. 2008, p. 12, § 1-1/SB 433.
Annotations
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, ‘‘April 6, 1992’’ was substituted for ‘‘the date this Code Section becomes effective’’ in para-
graph (a)(4), and ‘‘this paragraph or paragraph (1)’’ was substituted for ‘‘paragraph (1) or (2)’’ in the last sentence of paragraph (c)(2). Pursuant to Code Section 28-9-5, in 2008, ‘‘service’s’’ was substituted for ‘‘service’’ in paragraph (a)(6). 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.
Law reviews. - For note on 1992 enactment of this Code section, see 9 Ga. St. U. L. Rev. 265 (1992).
JUDICIAL DECISIONS Cited in Lakeview Behavioral Health Sys., LLC v. UHS Peachford, LP, 321 Ga. App. 820, 743 S.E.2d 492 (2013).