Section 7. Regulation and Construction of Hospitals and Other Health Care Facilities, 31-7-1 through 31-7-412.
ARTICLE 15
HOSPITAL ACQUISITION
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.
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Any disposition or acquisition of assets made in violation of the notice, disclosure, and certification requirements of this article shall be null and void, and each nonprofit entity and acquiring entity engaging in such disposition or acquisition shall be subject to a fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the unlawful disposition or acquisition.
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Any person knowingly and willfully making a false statement in a certification under Code Section 31-7-403 or subsection (b) of Code Section 31-7-405, in addition to any criminal penalty which may be imposed pursuant to Code Section 16-10-71, shall be subject to a civil fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the date of the certification.
(Code 1981, §31-7-412, enacted by Ga. L. 1997, p. 1091, § 1; Ga. L. 1999, p. 850, § 3.)
JUDICIAL DECISIONS
Transaction held null and void.
- Agreement by a county for the lease and operation of a nonprofit hospital pending the closing of a separate contract for the purchase of the assets of the hospital violated the Hospital Acquisition Act, O.C.G.A.
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31-7-400 et seq., because the agreement went into effect as of the day the agreement was signed and notice had not been provided under the Act. Turpen v. Rabun County Bd. of Comm'rs, 245 Ga. App. 190, 537 S.E.2d 435 (2000).
