O.C.G.A.

O.C.G.A. § 31-6-41 (2019)

Scope and term of validity of certificate

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) A certificate of need shall be valid only for the defined scope, location, cost, service area, and person named in an application, as it may be amended, and as such scope, location, service area, cost, and person are approved by the department, unless such certificate of need owned by an existing health care facility is transferred to a person who acquires such existing facility. In such case, the certificate of need shall be valid for the person who acquires such a facility and for the scope, location, cost, and service area approved by the department. However, in reviewing an application to relocate all or a portion of an existing skilled nursing facility, intermediate care facility, or intermingled nursing facility, the department may allow such facility to divide into two or more such facilities if the department determines that the proposed division is financially feasible and would be consistent with quality patient care. (b) A certificate of need shall be valid and effective for a period of 12 months after it is issued, or such greater period of time as may be specified by the department at the time the certificate of need is issued. Within the effective period after the grant of a certificate of need, the applicant of a proposed project shall fulfill reasonable performance and scheduling requirements specified by the department, by rule, to assure reasonable progress toward timely completion of a project. (c) By rule, the department may provide for extension of the effective period of a certificate of need when an applicant, by petition, makes a good faith showing that the conditions to be specified according to subsection (b) of this Code section will be performed within the extended period and that the reasons for the extension are beyond the control of the applicant.

History

Code 1981, § 31-6-41, enacted by Ga. L. 1983, p. 1566, § 1; Ga. L. 1999, p. 296, § 22; Ga. L. 2008, p. 12, § 1-1/SB 433; Ga. L. 2009, p. 8, § 31/SB 46.

Annotations

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.

JUDICIAL DECISIONS Cancellation of certificate of need proper. - Trial court properly affirmed an administrative decision cancelling a nursing home’s certificate of need as the nursing home failed to comply with applicable statutory and regulatory requirements with regard to completing the project timely and providing documentation

that ongoing construction was being undertaken. Further, several site inspections established that, in fact, no construction was being undertaken for the project. Southern Crescent Rehab. & Ret. Ctr., Inc. v. Ga. Dep’t of Cmty. Health, 290 Ga. App. 863, 660 S.E.2d 792 (2008), cert. denied, 2008 Ga. LEXIS 679 (2008).

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1985–2024 · leading case: Premier Health Care Investments, LLC v. Uhs of Anchor, L.P, 849 S.E.2d 441 (Ga. 2020).

Sort: Relevance Newest Treatment

Premier Health Care Investments, LLC v. Uhs of Anchor, L.P, 849 S.E.2d 441 (Ga. 2020). · cites it 26× “Southern Crescent intervened in the administrative appeal, arguing that Flint River’s operation of more than 12 psychiatric/substance-abuse beds was beyond the scope of its CON in violation of OCGA § 31-6-41 (a) (pertaining to the valid “scope” of CONs), and that Flint River was…”

Kennestone Hosp., Inc. v. Emory Univ., 318 Ga. 169 (Ga. 2024). · cites it 20× “” OCGA § 31-6-41 (a). Further, the recipient has 12 months to use the CON—that is, to begin to develop the “new insti- tutional health service” proposed in the application—or it lapses.”

Uhs of Anchor, L.P. v. Dep't of Cmty. Health Et Al., 830 S.E.2d 413 (Ga. Ct. App. 2019). · cites it 12× “is governed by OCGA § 31-6-41 (a)," concluding instead that OCGA § 31-6-2 (14) and OCGA § 31-6-40 controlled.”

Diversified Health Mgmt. Servs., Inc. v. Visiting Nurses Ass'n of Cordele, Inc., 330 S.E.2d 885 (Ga. 1985). · cites it 4× “OCGA § 31-6-41 (a) provides that, "A certificate of need shall be valid only for the defined scope, location, cost, service area, and person named in an application, as it may be amended, and as such scope, location, area, cost, and person are approved by the planning agency,…”

HCA Health Servs., Inc. v. Roach, 439 S.E.2d 494 (Ga. 1994). · cites it 2× “See also OCGA § 31-6-41 (a), providing that a CON is valid only for the defined scope and location for which it is granted.”

Georgia Dep't of Cmty. Health v. Emory Univ., 830 S.E.2d 628 (Ga. Ct. App. 2019). · cites it 4× “OCGA § 31-6-41 (a) (emphasis supplied). Presumably relying on the above-italicized language, the superior court implicitly found that EUH's CIPR program, standing alone, constitutes a "health care facility" within the meaning of OCGA § 31-6-41 (a).”

S. Crescent Rehab. & Ret. Ctr., Inc. v. Georgia Departmet of Cmty. Health, 660 S.E.2d 792 (Ga. Ct. App. 2008). · cites it 4× “The officer noted the requirement of OCGA § 31-6-41 (b) that CON projects be completed within a reasonable time.”

Fed. Trade Comm'n v. Phoebe Putney Health Sys. Inc., 793 F. Supp. 2d 1356 (M.D. Ga. 2011). · cites it 2× “See O.C.G.A. §§ 31-6-41, 31-6-42. The Court reaches this finding notwithstanding the accomplishment of a hospital authority’s acquisition and lease of a hospital with the assistance of private parties.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.