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2018 Georgia Code 31-6-41 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-6-41 Case Law from Google Scholar Amendments to OCGA 31-6-41

TITLE 31 HEALTH

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

ARTICLE 3 CERTIFICATE OF NEED PROGRAM

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

  1. 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.
  2. 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.
  3. 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.

(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.)

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).

Cases Citing Georgia Code 31-6-41 From Courtlistener.com

Total Results: 3

KENNESTONE HOSPITAL, INC. v. EMORY UNIVERSITY

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

Snippet: and person named in [the] application.” OCGA § 31-6-41 (a). Further, the recipient has 12 months to use

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: because of a subsequent rezoning. See also OCGA § 31-6-41 (a), providing that a CON is valid only for the

Diversified Health Management Services, Inc. v. Visiting Nurses Ass'n of Cordele, Inc.

Court: Supreme Court of Georgia | Date Filed: 1985-06-27

Citation: 330 S.E.2d 885, 254 Ga. 500, 1985 Ga. LEXIS 809

Snippet: (former Code Ann. § 88-3301 et seq.). OCGA § 31-6-41 (a) provides that, “A certificate of need shall