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2018 Georgia Code 31-7-70 | Car Wreck Lawyer

TITLE 31 HEALTH

Section 7. Regulation and Construction of Hospitals and Other Health Care Facilities, 31-7-1 through 31-7-412.

ARTICLE 4 COUNTY AND MUNICIPAL HOSPITAL AUTHORITIES

31-7-70. Short title.

This article shall be known and may be cited as the "Hospital Authorities Law."

(Code 1933, § 88-1801, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1996, p. 6, § 31.)

Administrative Rules and Regulations.

- Rural Hospital Assistance Act, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Health Planning, Chapter 111-2-4.

Law reviews.

- For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).

JUDICIAL DECISIONS

Ga. L. 1964, p. 499, § 1 repealed and superseded the 1941 Hospital Authorities Law. Collins v. Nix, 125 Ga. App. 520, 188 S.E.2d 235 (1972) (see O.C.G.A. § 31-7-70).

Members of authority boards cannot discharge duties by proxy.

- Since such authorities as this section creates are in effect instrumentalities of the state discharging essential governmental obligations, it would be contrary to public interest to hold that members of boards of such authorities could discharge their solemn responsibilities by way of proxies; therefore, they must discharge them in person. Collins v. Nix, 125 Ga. App. 520, 188 S.E.2d 235 (1972) (see O.C.G.A. § 31-7-70 et seq.)

Punitive damages not allowed against authority.

- It is against Georgia public policy to allow an award of punitive damages in a medical malpractice action against a hospital authority created as a governmental entity under the Hospital Authorities Act, O.C.G.A. § 31-7-70 et seq. Hospital Auth. v. Martin, 210 Ga. App. 893, 438 S.E.2d 103 (1993), aff'd, 264 Ga. 626, 449 S.E.2d 827 (1994).

Hospital authority's receipt of funds from two counties in general support of an indigent treatment program did not divest the authority or the authority's hospital of their character as county agencies or instrumentalities so as to waive sovereign immunity. Culberson v. Fulton-DeKalb Hosp. Auth., 201 Ga. App. 347, 411 S.E.2d 75, cert. denied, 201 Ga. App. 905, 411 S.E.2d 75 (1991).

ERISA preemption.

- In a breach of contract case, defendants' Fed. R. Civ. P. 12(b)(6) motion to dismiss on the basis of Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., preemption was denied because the insured's former employer, a hospital authority, was a government political subdivision, agency, or instrumentality for purposes of ERISA's governmental plan exemption; the hospital authority was created pursuant to the Georgia Hospital Authorities Act, O.C.G.A. § 31-7-70 et seq. Williams-Mason v. Reliance Std. Life Ins. Co., F. Supp. 2d (S.D. Ga. June 16, 2006).

Cited in Hospital Auth. v. Stewart, 226 Ga. 530, 175 S.E.2d 857 (1970); Daughtrey v. State, 226 Ga. 758, 177 S.E.2d 670 (1970).

OPINIONS OF THE ATTORNEY GENERAL

Hospital authority may not own or operate a for profit business corporation. 1995 Op. Att'y Gen. No. U95-11.

Conflict of interest of hospital authority board member.

- Member of a hospital authority board has an impermissible conflict of interest if the member has any financial interest, not de minimis, in an entity conducting business with the authority notwithstanding the existence of an intermediary between the board and the entity. 1995 Op. Att'y Gen. No. U95-11.

Authority's right to operate and charge for ambulance service.

- Hospital authority has right to operate ambulance service for transportation of patients to and from the authority's hospital and may make charges for such service. 1965-66 Op. Att'y Gen. No. 66-176.

RESEARCH REFERENCES

ALR.

- Medical malpractice: negligent catheterization, 31 A.L.R.5th 1.

Cases Citing Georgia Code 31-7-70 From Courtlistener.com

Total Results: 5

Smith v. Northside Hospital, Inc.

Court: Supreme Court of Georgia | Date Filed: 2017-11-02

Citation: 302 Ga. 517, 807 S.E.2d 909

Snippet: Georgia’s Hospital Authorities Law (O.C.G.A. §§ 31-7-70 et seq.), as confirmed by the Georgia Supreme Court’s

Brophy v. McCranie

Court: Supreme Court of Georgia | Date Filed: 1994-04-18

Citation: 264 Ga. 187, 442 S.E.2d 230, 94 Fulton County D. Rep. 1323, 1994 Ga. LEXIS 289

Snippet: involves the Hospital Authorities Law, OCGA § 31-7-70 et seq., and the appointment and composition of

COLQUITT COUNTY HOSPITAL AUTHORITY v. Health Star, Inc.

Court: Supreme Court of Georgia | Date Filed: 1992-06-25

Citation: 417 S.E.2d 147, 262 Ga. 285, 92 Fulton County D. Rep. 1166, 1992 Ga. LEXIS 612

Snippet: what is now the Hospital Authorities Law (OCGA § 31-7-70 et seq.; Ga. L. 1964, p. 499). Health Star, Inc

Richmond County Hospital Authority v. Richmond County

Court: Supreme Court of Georgia | Date Filed: 1985-11-21

Citation: 336 S.E.2d 562, 255 Ga. 183, 1985 Ga. LEXIS 982

Snippet: pursuant to the Hospital *184 Authorities Act (OCGA § 31-7-70 et seq.; Ga. L. 1964, p. 499), to operate the University

Cheely v. State of Ga.

Court: Supreme Court of Georgia | Date Filed: 1983-11-30

Citation: 309 S.E.2d 128, 251 Ga. 685, 1983 Ga. LEXIS 958

Snippet: that the Georgia Hospital Authorities Law, OCGA § 31-7-70 et seq. (Code Ann. § 88-1801 et seq.), is unconstitutional