O.C.G.A. § 31-6-70 (2019)
Reports to the department by certain health care facilities and all ambulatory surgical centers and imaging centers; public availability
(a) There shall be required from each health care facility in this state requiring a certificate of need and all ambulatory surgical centers and imaging centers, whether or not exempt from obtaining a certificate of need under this chapter, an annual report of such health care information as determined by the department. The report shall be due on the date determined by the department and shall cover the 12 month period preceding each such calendar year.
(b) The report required under subsection (a) of this Code section shall contain the following information:
(1) Total gross revenues;
(2) Bad debts;
(3) Amounts of free care extended, excluding bad debts;
(4) Contractual adjustments;
(5) Amounts of care provided under a Hill-Burton commitment;
(6) Amounts of charity care provided to indigent and nonindigent persons;
(7) Amounts of outside sources of funding from governmental entities, philanthropic groups, or any other source, including the proportion of any such funding dedicated to the care of indigent persons;
(8) For cases involving indigent persons and nonindigent person receiving charity care:
(A) The number of persons treated;
(B) The number of inpatients and outpatients;
(C) Total patient days;
(D) The number of patients categorized by county of residence; and
(E) The indigent and nonindigent care costs incurred by the health care facility by county of residence;
(9) Transfers to a hospital or hospital emergency department, including both direct transfers and transfers by emergency medical services;
(10) Number of rooms, beds, procedures, and patients, including, without limitation, demographic information and payer source;
(11) Patient origin by county; and
(12) Operational information such as procedure types, volumes, and charges.
(c) As used in subsection (b) of this Code section, ‘‘indigent persons’’ means persons having as a maximum allowable income level an amount corresponding to 125 percent of the federal poverty guideline.
(d) The department shall provide a form for the reports required by this Code section and may provide in said form for further categorical divisions of the information listed in subsections (b) or (c.1) of this Code section.
(e)(1) In the event the department does not receive an annual report from a health care facility requiring a certificate of need or an ambulatory surgical center or imaging center, whether or not exempt from obtaining a certificate of need under this chapter, on or before the date such report was due or receives a timely but incomplete report, the department shall notify the health care facility or center regarding the deficiencies and shall be authorized to fine such health care facility or center an amount not to exceed $500.00 per day for every day up to 30 days and $1,000.00 per day for every day over 30 days for every day of such untimely or deficient report.
(2) In the event the department does not receive an annual report from a health care facility within 180 days following the date such report was due or receives a timely but incomplete report which is not completed within such 180 days, the department shall be authorized to revoke such health care facility’s certificate of need in accordance with Code Section 31-6-45.
(f ) No application for a certificate of need under Article 3 of this chapter shall be considered as complete if the applicant has not submitted the annual report required by subsection (a) of this Code section.
(g) The department shall make publicly available all annual reports submitted pursuant to this Code section on the department website. The department shall also provide a copy of such annual reports to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Health and Human Services and the Senate Health and Human Services Committee.
(h) All health care facilities, ambulatory surgical centers, and imaging centers required to submit an annual report pursuant to subsection (a) of this Code section shall make such annual reports publicly available on their websites.
History
Code 1981, § 31-6-70, enacted by Ga. L. 1985, p. 827, § 1; Ga. L. 1987, p. 573, § 1; Ga. L. 1988, p. 13, § 31; Ga. L. 1999, p. 296, § 22; Ga. L. 2008, p. 12, § 1-1/SB 433; Ga. L. 2019, p. 148, § 1-12/HB 186. The 2019 amendment, effective July 1, 2019, in subsection (a), substituted ‘‘report of such health care information as determined by’’ for ‘‘report of certain health care information to be submitted to’’ near the end of the first sentence and substituted ‘‘date determined by the department’’ for ‘‘last day of January’’ in the second sentence; inserted ‘‘and nonindigent’’ in paragraph (b)(6) and subparagraph (b)(8)(E); deleted ‘‘and’’ at the end of paragraph (b)(7); inserted ‘‘and nonindigent person receiving charity care’’ in paragraph (b)(8); substituted a semicolon for a period at the end of subparagraph (b)(8)(E); and added paragraphs (b)(9) through (b)(12); in subsection (d), substituted ‘‘reports required by
this Code section’’ for ‘‘report required by subsection (a) of this Code section’’ near the middle and substituted ‘‘subsections (b) or (c.1)’’ for ‘‘subsection (b)’’ near the end; deleted ‘‘information responsive to subparagraph (c)(2)(A) of Code Section 31-6-40 by December 30, 2008, or’’ following ‘‘does not receive’’ near the beginning of paragraph (e)(1); and added subsections (g) and (h).
Annotations
The 2019 amendment, effective July 1, 2019, in subsection (a), substituted "report of such health care information as determined by" for "report of certain health care information to be submitted to" near the end of the first sentence and substituted "date determined by the department" for "last day of January" in the second sentence; inserted "and nonindigent" in paragraph (b)(6) and subparagraph (b)(8)(E); deleted "and" at the end of paragraph (b)(7); inserted "and nonindigent person receiving charity care" in paragraph (b)(8); substituted a semicolon for a period at the end of subparagraph (b)(8)(E); and added paragraphs (b)(9) through (b)(12); in subsection (d), substituted "reports required by this Code section" for "report required by subsection (a) of this Code section" near the middle and substituted "subsections (b) or (c.1)" for "subsection (b)" near the end; deleted "information responsive to subparagraph (c)(2)(A) of Code Section 31-6-40 by December 30, 2008, or" following "does not receive" near the beginning of paragraph (e)(1); and added subsections (g) and (h).
Code Commission notes. - Pursuant to Code Section 28-9-5, in 2008, "within such" was substituted for "with such" in paragraph (e)(2).
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 annual survey on administrative law, see 64 Mercer L. Rev. 39 (2012).
JUDICIAL DECISIONS
Exhaustion of administrative remedies. - Court of appeals erred in ruling that a society of surgery centers did not have to exhaust administrative remedies under the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-19(a), in the society's ction seeking to prevent the Georgia Department of Community Health (DCH) and the Departmen'ts Commissioner from requiring the Department's members to respond to certain disputed requests in an annual survey because the "acting outside statutory authority" exception to the exhaustion requirement did not apply; the society did not allege that DCH was acting wholly outside the Department's jurisdiction under O.C.G.A. § 31-6-70 to conduct surveys, but instead, the society claimed that the manner in which the survey was being conducted did not fully comply with the procedural requirements of the statute. Ga. Dep't of Cmty. Health v. Ga. Soc'y of Ambulatory Surgery Ctrs., 290 Ga. 628, 724 S.E.2d 386 (2012).
Court of appeals erred in ruling that a society of surgery centers did not have to exhaust administrative remedies under the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-19(a), in the society's action seeking to prevent the Georgia Department of Community Health and the Department's Commissioner from requiring its members to respond to certain disputed requests in an annual survey because the futility exception to the exhaustion requirement was inapplicable; the Commissioner's position in the lawsuit did not establish futility because actions taken to defend a lawsuit could not establish futility. Ga. Dep't of Cmty. Health v. Ga. Soc'y of Ambulatory Surgery Ctrs., 290 Ga. 628, 724 S.E.2d 386 (2012).
Because the Georgia Society of Ambulatory Surgical Centers represented the interests of members that had adequate administrative remedies, and those members had not exhausted those remedies, the trial court was required to dismiss its case alleging that an annual survey the Georgia Department of Community Health (DCH) issued to ambulatory surgery centers (ASC) sought information beyond the scope of O.C.G.A. § 31-6-70. Furthermore, the procedures set forth in the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-19 and O.C.G.A. §§ 31-6-40(c), and 31-6-47(a)(18), and Ga. Comp. R. & Regs. 111-2-2-.05(2)(e) were available to ASCs before DCH took any final adverse action against them for failing to provide the required survey information, the procedures afforded adequate administrative remedies to aggrieved ASCs. Ga. Soc'y of Ambulatory Surgery Ctrs. v. Ga. Dep't of Cmty. Health, 316 Ga. App. 433, 729 S.E.2d 565 (2012).
OPINIONS OF THE ATTORNEY GENERAL
Hospital authority may apply for certificate of need outside the hospital's area of operation and without the permission of the affected governing authority or hospital authority board in the planned service area; provided, however, that in order to implement the certificate, permission to pursue the health care activity would be required. 1995 Op. Att'y Gen. No. 95-13.
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ARTICLE 5 STATE COMMISSION ON THE EFFICACY OF THE CERTIFICATE OF NEED PROGRAM
31-6-90 through 31-6-95.
Editor's notes. - This article was based on Code 1981, §§ 31-6-90 through 31-6-95, enacted by Ga. L. 2005, p. 43, § 1/HB 390.
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CHAPTER 7 REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES
Article 1
Regulation of Hospitals and
Related Institutions.
31-7-1. Definitions.
31-7-2. Classification of institutions.
31-7-2.1. Rules and regulations; availability of reports of cited deficiencies; disclosure of survey worksheets and documents.
31-7-2.2. Determination that patients or residents in an institution, community living arrangement, or treatment program are in danger; relocation of patients or residents; suspension of admissions.
31-7-3. Requirements for permits to operate institutions.
31-7-3.1. Posting sign by hospital operating emergency room notifying individuals of legal rights in emergencies.
31-7-3.2. Notice of cited deficiency and imposition of sanction.
31-7-3.3. "Excluded party" defined; liability; notice; dismissal; other procedural factors.
31-7-3.4. Carrying of liability insurance or establishment of self-insurance trust as condition precedent to obtaining or maintaining permit.
31-7-4. Denial or revocation of permits.
31-7-5. Exemptions from permit requirements; application of this chapter to federally operated institutions.
31-7-6. Provision of data for research purposes by organizations rendering patient care; liability of providers of data; use of data; confidentiality.
31-7-7. Refusal or revocation by public hospital of staff privileges.
31-7-7.1. Denial of staff privileges based upon license, board certification, or membership in professional association.
31-7-8. Reports of disciplinary actions against persons authorized to practice professions under Chapter 11, 34, or 35 of Title 43.
31-7-9. Reports by physicians and other personnel of nonaccidental injuries to patients; immunity from liability.
31-7-10. Certification and approval of hospitals eligible to render service under a group nonprofit hospital insurance plan; supervision of such hospitals; withdrawal of approval.
31-7-11. Written summary of hospital service charge rates.
31-7-12. "Personal care home" and "personal services" defined; licensure and registration; inspection by local boards; fees; investigations; waiver, variance, or exemption.
31-7-12.1. Unlicensed personal care home; civil penalties; negligence per se for certain legal claims; declared nuisance dangerous to public health, safety, and welfare; criminal sanctions.
31-7-12.2. Regulation and licensing of assisted living communities; legislative intent; definitions; procedures; requirements for medication aides.
31-7-12.3. (Effective until October 1, 2019. See note.) Adoption of rules and regulations to implement Code Sections 31-7-12 and 31-7-12.2
31-7-12.3. (Effective October 1, 2019. See note.) Adoption of rules and regulations to implement Code Sections 31-7-12 and 31-7-12.2
31-7-13. Transfer of property upon death of patient.
31-7-14. Blood supplies; blood donor storage programs.
31-7-15. Review of professional practices by a peer review committee.
31-7-16. Determination or pronouncement of death of patient who died in facility classified as nursing home.
31-7-17. Licensure and regulation of hospitals and related institutions transferred to Department of Community Health.
31-7-18. Influenza vaccinations for discharged patients aged 65 and older; vaccinations or other measures for health care workers and other employees in hospitals; immunity from liability; standing orders.
31-7-19. Nursing homes to annually offer influenza vaccinations to health care workers and other employees; immunity from liability.
31-7-20. Medical facilities to make good faith application to southern regional TRICARE managed care support coordinator for certification in the TRICARE program.
31-7-21. Provision of influenza education information to assisted living community residents.
31-7-22. Required publication by hospital of certain documentation on website; updating; penalty for noncompliance; enforcement; individual criminal penalty.
Article 2
Georgia Building Authority
(Hospital).
31-7-23 through 31-7-40 [Repealed].
Article 3
Grants for Construction and
Modernization of Medical
Facilities.
31-7-50. Authorization of grants-in-aid.
31-7-51. Definitions.
31-7-52. Amounts of grants for construction and modernization.
31-7-53. Matching formula; priority system; use of earnings; approval of federal grant.
31-7-54. Manner of expenditure of construction funds.
31-7-55. Administration of state funds.
31-7-56. Adherence to federal law and regulations.
31-7-57. Procedure for grants to sponsors of construction projects; injunction of operation by transferee in violation of article.
Article 4
County and Municipal Hospital Authorities.
31-7-70. Short title.
31-7-71. Definitions.
31-7-72. Creation of hospital authority in each county and municipality.
31-7-72.1. Merger of hospital authorities.
31-7-73. Creation of additional hospital authority in counties with large populations.
31-7-74. Residency requirement; officers; compensation; rules and regulations.
31-7-74.1. Definitions; disclosures required; prohibited transactions; exceptions; sanctioning; sanctioning of members violating prohibition; authorization of authority to make stricter rules; preemption of other laws; applicability.
31-7-74.2. Oath to be taken by members of hospital authority.
31-7-74.3. Sale or lease by hospital authority; hearing required; factors to be considered at hearing; applicability; requirements for lease.
31-7-74.4. Board members deemed directors upon sale or lease of hospital.
31-7-75. Functions and powers.
31-7-75.1. Proceeds of sale of hospital held in trust to fund indigent health care.
31-7-75.2. Exemption from disclosure for potentially commercially valuable plan, proposal, or strategy.
31-7-75.3. Home health agency services operated by hospitals [Repealed].
31-7-76. Procedure in event of failure of authority to perform minimum functions; determination of removal from office; appointments to fill vacancies created by removal.
31-7-77. Prohibition on for-profit projects; rates and charges; utilization of revenues to pay certain obligations.
31-7-78. Issuance and sale of negotiable revenue anticipation certificates.
31-7-79. Liability on revenue certificates; tax exemption.
31-7-80. Form and contents of revenue certificates; validity of signatures thereon.
31-7-81. Confirmation and validation of revenue certificates.
31-7-82. Enforcement of rights of revenue certificate holders; procedure in event of default.
31-7-83. Investment of surplus moneys and moneys received through issuance of revenue certificates.
31-7-84. Payment for authority's services and facilities; levy of tax by political subdivisions; compliance by authority with county budgetary procedures.
31-7-85. Contracts with political subdivisions.
31-7-86. Manner of operating property conveyed or leased to authority.
31-7-87. Hypothecation or mortgaging of purchased hospital facilities.
31-7-88. Payment of general obligations.
31-7-89. Procedure for dissolution; disposition of property.
31-7-89.1. "Control" defined; sale or lease by hospital authority subject to requirements of Article 15 of this chapter.
31-7-90. Annual report; budget.
31-7-90.1. Community benefit report; report disclosing member ownership in entities transacting business with authority.
31-7-91. Required annual audit.
31-7-92. Filing of audits.
31-7-93. Failure to provide for audit.
31-7-94. Grants to hospital authorities and rural hospital organizations.
31-7-94.1. Rural Hospital Organization Assistance Act; legislative findings; certification of rural hospitals for grant eligibility; rules and regulations.
31-7-95. Funding of medical education provided by hospital authorities and designated teaching hospitals.
31-7-96. Construction of article.
Article 5
Residential Care Facilities for the Elderly Authorities.
31-7-110. Short title.
31-7-111. Findings; declaration of policy.
31-7-112. Definitions.
31-7-113. Creation of Residential Care Facilities for the Elderly Authority in each county and municipality; board of directors.
31-7-114. Powers of authorities.
31-7-115. Lease or sale of projects.
31-7-116. Provisions contained in obligations and security for obligations; procedures for issuance of bonds and bond anticipation notes; interest rates; limitations and conditions.
31-7-117. Liability for bonds or other obligations.
31-7-118. Exemption from taxation.
31-7-119. Holding moneys as trust funds; pledges for payment of bonds.
31-7-120. Construction of article.
Article 6
Peer Review Groups.
31-7-130. Legislative intent.
31-7-131. Definitions.
31-7-132. Immunity from liability for peer review activities; immunity from liability of persons providing information.
31-7-133. Confidentiality of review organization's records.
Article 6A
Medical Review Committees.
31-7-140. "Medical review committee" defined.
31-7-141. Committee members immune from liability.
31-7-142. Liability of those providing health care facilities or services.
31-7-143. Committee proceedings and records immune from discovery or use as evidence in civil actions.
Article 7
Home Health Agencies.
31-7-150. Definitions.
31-7-151. License required; license may not be transferred but may be suspended or revoked.
31-7-152. Application for license.
31-7-153. Standards for patient care and agency operation; regulations as to issuance, denial, suspension, or revocation of licenses; hearings.
31-7-154. Inspections.
31-7-155. Certificates of need for new service or extending service area; exemption from certificate.
31-7-156. Fee system for services under this article.
31-7-157. Exemptions from article.
31-7-158. Penalties for unlicensed operation.
31-7-159. Licensure and regulation of home health agencies transferred to Department of Community Health.
Article 8
Health Service Provider Psychologists.
31-7-160. Definitions.
31-7-161. Appointment to staff of medical facility or institution.
31-7-162. Training and experience requirements.
31-7-163. Status of present psychologist staff members.
31-7-164. Limitation or revocation of staff privileges.
31-7-165. Report of denial of staff privileges.
Article 9
Hospice Care.
31-7-170. Short title.
31-7-171. Legislative findings and purpose.
31-7-172. Definitions.
31-7-173. License required.
31-7-174. Application for license.
31-7-175. Administration of article.
31-7-176. Responsibilities of provider of hospice care.
31-7-176.1. Determination or pronouncement of death.
31-7-177. Inpatient beds.
31-7-178. Inspection.
31-7-179. Certificate of need not required.
Article 10
Patient Centered and Family Focused Palliative Care.
31-7-190. Legislative intent.
31-7-191. Definitions.
31-7-192. Georgia Palliative Care and Quality of Life Advisory Council.
31-7-193. Palliative Care Consumer and Professional Information and Education Program.
Article 11
Facility Licensing and Employee
Records Checks.
31-7-250. (Repealed effective October 1, 2019) Definitions.
31-7-251. (Repealed effective October 1, 2019) New facility licensing; facility directors.
31-7-252. (Repealed effective October 1, 2019) Director records check applications and employee preliminary records check applications; satisfactory alternative evidence; contracts for records check determinations.
31-7-253. (Repealed effective October 1, 2019) Written notification as to department's preliminary records check determinations; effect of unsatisfactory determinations; issuance of temporary licenses.
31-7-254. (Repealed effective October 1, 2019) Transmission of director's fingerprints to Georgia Crime Information Center for review; notification to department of findings; retention of fingerprints.
31-7-255. (Repealed effective October 1, 2019) Issuance of regular licenses.
31-7-256. Expiration of facility licenses issued prior to July 1, 1985; issuance of temporary or regular licenses [Repealed].
31-7-257. Procedure upon issuance of temporary licenses [Repealed].
31-7-258. (Repealed effective October 1, 2019) Change of facility director; notification to department; effect of department determination.
31-7-259. (Repealed effective October 1, 2019) Preliminary records check determination; suspension or revocation of license; refusal to issue regular license; fingerprint check; employment history; director's criminal liability; exempt employees; mitigating factors in criminal records check; civil penalty.
31-7-260. (Repealed effective October 1, 2019) Cooperation of Georgia Crime Information Center and law enforcement agencies with department; liability for misuse or attempted misuse of information.
31-7-261. (Repealed effective October 1, 2019) Liability for claims in connection with dissemination of information or determination based thereon.
31-7-262. (Repealed effective October 1, 2019) Supplemental nature of requirements of this article.
31-7-263. (Repealed effective October 1, 2019) Contested cases for purposes of the "Georgia Administrative Procedure Act."
31-7-264. (Repealed effective October 1, 2019) Regulatory power of department.
31-7-265. (Repealed effective October 1, 2019) Facility licensing and employee records checks for personal care homes transferred to Department of Community Health.
Article 12
Health Care Data Collection.
31-7-280. Health care provider annual reports; form.
31-7-281. Data system established; departmental authority.
31-7-282. Collection and submission of data.
31-7-283. Compilation and dissemination of information; rules and regulations.
31-7-284. Public disclosure; updating of data base; publication; fees.
31-7-285. Confidentiality; liability.
Article 13
Private Home Care Providers.
31-7-300. Definitions.
31-7-301. License requirement; license not assignable or transferable.
31-7-302. Rules and regulations; authority of department to issue, suspend, or revoke licenses.
31-7-303. Inspections; requirements for exemption.
31-7-304. Fees.
31-7-305. Exempt services.
31-7-306. Applications received prior to effective date of article.
31-7-307. Certificate of need not required of licensees; operation of licensee as home health agency not authorized.
31-7-308. Licensure and regulation of private home care providers transferred to Department of Community Health.
Article 14
Nursing Homes Employee Records Checks (Effective until October 1, 2019).
31-7-350. Definitions.
31-7-351. Request for criminal record check; employment application form notice.
31-7-352. Immunity from liability.
31-7-353. Penalty for hiring applicant with criminal record.
31-7-354. Authority to enforce article; rules and regulations.
Article 14
Georgia Long-term Care Background Check Program (Effective October 1, 2019).
31-7-350. Short title; purpose.
31-7-351. Definitions.
31-7-352. Registry check required; validation of licensing.
31-7-353. Records check application; transmittal of fingerprints; penalties for unauthorized release or disclosure of information.
31-7-354. Consent to background checks; certain results of background check barring employment; rights of owner, applicant, or employee.
31-7-355. Personnel files; when department may require background check; result of unsatisfactory determination.
31-7-356. Facility's failure to comply with provisions; penalty.
31-7-357. Required notice on application form.
31-7-358. License revocation or withholding; additional requirements.
31-7-359. Liability for civil damages; sovereign immunity not waived.
31-7-360. Rules and regulations.
31-7-361. Transfer of responsibilities, rights, and personnel between departments.
Article 14A
Central Caregiver Registry.
31-7-380. (Effective October 1, 2019) Purpose and intent.
31-7-381. (Effective October 1, 2019) Definitions.
31-7-382. (Effective October 1, 2019) Establishment of central caregiver registry.
31-7-383. (Effective October 1, 2019) Private employer's inquiry with department on eligibility of employee; employer responsible for decisions.
31-7-384. (Effective October 1, 2019) Appeal of ineligibility determination.
31-7-385. (Effective October 1, 2019) Immunity from liability.
31-7-386. (Effective October 1, 2019) Rules and regulations.
Article 15
Hospital Acquisition.
31-7-400. Definitions.
31-7-401. Notice to Attorney General of acquisition.
31-7-402. Content and form of notice to Attorney General; retention of experts; payment of costs and expenses.
31-7-403. Certification of interest in acquiring entity; certification of financial interest in business associated with party to disposition; statement of fair dealing; opposing board members exempt.
31-7-404. Publication of notice.
31-7-405. Public hearing; expert or consultant required to testify; testimony; representative of acquiring entity to testify.
31-7-406. Purpose of public hearing; factors to be addressed in disclosure.
31-7-407. Attorney General to ensure compliance with article; other persons not precluded from instituting judicial proceedings.
31-7-407.1. Report of findings.
31-7-408. Notice required prior to issuance or renewal of permit to operate hospital; permit subject to revocation or suspension for failure to comply.
31-7-409. Prospective operation of article.
31-7-410. Authority of Attorney General unaffected.
31-7-411. Attorney General's power under article same as under Code Section 45-15-17.
31-7-412. Disposition or acquisition made in violation of requirements of article null and void; violators subject to fine; Attorney General to instigate proceedings to impose fine within one year.
Cross references. - Authority of board of regents with regard to Eugene Talmadge Memorial Hospital, § 20-3-520 et seq.
Requirement of smoke detectors for nursing homes, § 25-2-40.
Offering continuing care when resident purchases resident owned living unit, § 33-45-7.1.
Designation of emergency receiving facilities for examination of mentally ill persons, alcoholics, and others, §§ 37-3-40 et seq., 37-7-40 et seq.
Designation of evaluating facilities for examination of persons ordered by court to undergo evaluation for mental illness, alcoholism, and other conditions, §§ 37-3-60, 37-7-60.
Authority of Department of Veterans Service and Veterans Service Board to construct and operate hospitals, nursing homes, and other facilities for care of war veterans, § 38-4-2.
Registered nurses and licensed practical nurses, T. 43, C. 26.
Physical therapists, T. 43, C. 33.
Physicians, osteopaths, T. 43, C. 34.
Administrative Rules and Regulations. - General licensing and enforcement requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Healthcare Facility Regulation, Chapter 111-8-25.
Personal care homes, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Healthcare Facility Regulation, Chapter 111-8-62.
Rules and regulations for residential mental health facilities for children and youth, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Healthcare Facility Regulation, Chapter 111-8-68.
Rules and regulations for proxy caregivers used in licensed healthcare facilities, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Healthcare Facility Regulation, Chapter 111-8-100.
Law reviews. - For article, "Baby Doe Cases: Compromise and Moral Dilemma," see 34 Emory L.J. 545 (1985). For article, "State of Emergency: Why Georgia's Standard of Care in Emergency Rooms is Harmful to Your Health," see 45 Ga. L. Rev. 275 (2010). For article, "The Olmstead Decision: The Road to Dignity and Freedom," see 26 Ga. St. U. L. Rev. 651 (2010). For article, "Olmstead's Promise and Cohousing's Potential," see 26 Ga. St. U. L. Rev. 663 (2010). For article, "From the Inside Out: Personal Perspectives of Six Georgians on Their Institutional Experiences," see 26 Ga. St. U. L. Rev. 741 (2010). For article, "The Constitutional Right to Community Services," see 26 Ga. St. U. L. Rev. 763 (2010). For article, "Reconsidering Makin v. Hawaii: The Right of Medicaid Beneficiaries to Home-Based Services as an Alternative to Institutionalization," see 26 Ga. St. U. L. Rev. 803 (2010). For article, "The Potential and Risks of Relying on Title II's Integration Mandate to Close Segregated Institutions," see 26 Ga. St. U. L. Rev. 855 (2010). For article, "Beyond Residential Segregation: The Application of Olmstead to Segregated Employment Settings," see 26 Ga. St. U. L. Rev. 875 (2010). For article, "From Almshouses to Nursing Homes and Community Care: Lessons from Medicaid's History," see 26 Ga. St. U. L. Rev. 937 (2010).
For note, "Deinstitutionalization: Georgia's Progress in Developing and Implementing an 'Effectively Working Plan' as Required by Olmstead v. L.C. ex rel," see 25 Ga. St. U. L. Rev. 699 (2009).
JUDICIAL DECISIONS
Cited in Richards v. Emanuel County Hosp. Auth., 603 F. Supp. 81 (S.D. Ga. 1984).
RESEARCH REFERENCES
Defending Hospital - Negligence of Physician-Employee, 19 Am. Jur. Trials 431.
Hospital Recovery Room Accidents, 25 Am. Jur. Trials 185.
Hospital Liability for Nursing Medication Errors, 29 Am. Jur. Trials 591.
Due Process Considerations in Suspension of Hospital Staff Privileges, 32 Am. Jur. Trials 1.
Establishing Hospital Liability under the Emergency Medical Treatment and Active Labor Act for "Patient Dumping", 62 Am. Jur. Trials 119.
Liability of Hospital or Other Emergency Room Service Provider for Injury to Patient or Visitor, 67 Am. Jur. Trials 271.
Medical and Legal Aspects of Chemical and Physical Restraint in the Nursing Home, 75 Am. Jur. Trials 1.
ALR. - Licensing and regulation of nursing or rest homes, 53 A.L.R.4th 689.
What patient claims against doctor, hospital, or similar health care provider are not subject to statutes specifically governing actions and damages for medical malpractice, 89 A.L.R.4th 887.
Liability of hospital for injury to person invited or permitted to accompany patient during emergency room treatment, 90 A.L.R.4th 478.
Liability of hospital, physician, or other medical personnel for death or injury from use of drugs to stimulate labor, 1 A.L.R.5th 243.
Liability of hospital, physician, or other medical personnel for death or injury to mother or child caused by improper administration of, or failure to administer, anesthesia or tranquilizers, or similar drugs, during labor and delivery, 1 A.L.R.5th 269.
Opposition to construction of new hospital or expansion of existing hospital's facilities as violation of Sherman Act (15 U.S.C. § 1 et seq.), 88 A.L.R. Fed. 478.
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ARTICLE 1 REGULATION OF HOSPITALS AND RELATED INSTITUTIONS
Editor's notes. - Ga. L. 2001, p. 1172, § 2, not codified by the General Assembly, provides that: "No hospital shall release for public use any autopsy photographs or images without the written permission of the family."
Law reviews. - For article, "Hospital Mergers, Market Concentration and the Herfindahl-Hirschman Index," see 33 Emory L.J. 869 (1985).
OPINIONS OF THE ATTORNEY GENERAL
Department cannot regulate abortion facilities not within definition of institution. - Law concerning regulation of hospitals and related institutions cannot be utilized by Department of Human Resources (now the Department of Community Health for these purposes) to extend regulation to abortions performed in facilities other than those embraced by the term institution. 1973 Op. Att'y Gen. No. 73-24.
Casualty insurance carried by regulated institutions not subject to department's regulation. - Since the requirement of carrying adequate casualty insurance is a matter which does not pertain to protection of health and lives of patients in institutions nor to kind and quality of building, equipment, facilities and institutional services that institutions shall have and use in order to properly care for patients, the Department of Human Resources (now the Department of Community Health for these purposes) cannot legally pass a valid rule requiring institutions to carry adequate casualty insurance. 1967 Op. Att'y Gen. No. 67-177.
RESEARCH REFERENCES
ALR. - Liability of private noncharitable hospital or sanitarium for improper care or treatment of patient, 39 A.L.R. 1431; 124 A.L.R. 186.
Hospital's liability for care of convalescing patient, 70 A.L.R.2d 377.
Malpractice in diagnosis and treatment of tetanus, 28 A.L.R.3d 1364.
Hospital's liability for injury or death to patient resulting from or connected with administration of anesthetic, 31 A.L.R.3d 1114.
Hospital's liability to patient for injury allegedly sustained from absence of particular equipment intended for use in diagnosis or treatment of patient, 50 A.L.R.3d 1141.
Hospital's liability for patient's injury or death resulting from escape or attempted escape, 37 A.L.R.4th 200.