Construction.

- Georgia Court of Appeals finds that the Georgia legislature uses the term "jurisdiction" under O.C.G.A. § 31-6-44.1(c) with regard to attorney fees because the legislature intends to refer to something other than a challenge asserting that the Georgia Department of Community Health (DCH) exceeded the department's statutory authority or acted ultra vires in issuing a particular decision with regard to a Certificate of Need; rather, the Court of Appeals concludes that the legislature intends the second exception to encompass challenges to the DCH's jurisdiction as a whole. Lakeview Behavioral Health Sys., LLC v. UHS Peachford, LP, 321 Ga. App. 820, 743 S.E.2d 492 (2013).

Georgia Court of Appeals concludes that the Georgia legislature uses the term "jurisdiction" in O.C.G.A. § 31-6-44.1(c) to refer to the Georgia Department of Community Health's general power to act and not to the department's authority to act with regard to a particular Certificate of Need. Lakeview Behavioral Health Sys., LLC v. UHS Peachford, LP, 321 Ga. App. 820, 743 S.E.2d 492 (2013).

DCH order affirmed by operation of law.

- In an appeal from a decision of the Georgia Department of Community Health (DCH) granting a certificate of need to a surgical facility, when the trial court failed to enter the court's order until 48 days after the hearing, under O.C.G.A. § 31-6-44.1, the final decision of the DCH was affirmed by operation of law, making the trial court's order void. Kennestone Hosp., Inc. v. Cartersville Med. Ctr., Inc., 341 Ga. App. 28, 798 S.E.2d 381 (2017).

Attorney's fees.

- In a case in which the Department of Community Health's denial of a certificate of need was affirmed, the appellants' motion for attorney fees was improperly denied because the superior court's order on remand denied the appellee's petition, thus establishing that the appellants were the prevailing parties of the appeal to the superior court as decided by a final order of that court; the appellate court's previous order noted that a fee award in favor of the appellants would be issued following the return of the remittitur to the trial court; and the appellate court's previous decision affirmed the denial of the certificate on grounds independent of the appellee's constitutional challenge to the need rule, thus mooting those issues. Tanner Medical Center, Inc. v. Vest Newnan, LLC, 344 Ga. App. 901, 811 S.E.2d 527 (2018).

Requirements met.

- In a dispute by a hospital challenging the grant of a certificate of need to a competitor, because the trial court held a hearing on the Department of Community Health's and the competitor's motion to dismiss within 120 days and its order granting dismissal was entered less than 30 days later, the requirements of O.C.G.A. § 31-6-44.1(b) were fulfilled. Doctors Hosp. of Augusta, LLC v. Dep't of Cmty. Health, 344 Ga. App. 583, 811 S.E.2d 64 (2018).

Judicial review of agency decisions.

- 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).

Application.

- Trial court erred by denying a health system's motion for attorney fees pursuant to O.C.G.A. § 31-6-44.1(c) with regard to its successful defense to a certificate of need challenge determination of the Georgia Department of Community Health (DCH) because the challenging hospital did not assert a jurisdictional challenge to the DCH's determination, thus, the challenge did not fall into the exception to fees under § 31-6-44.1(c). Lakeview Behavioral Health Sys., LLC v. UHS Peachford, LP, 321 Ga. App. 820, 743 S.E.2d 492 (2013).