O.C.G.A. § 31-7-71 (2019)
Definitions
As used in this article, the term: (1) ‘‘Area of operation’’ means the area within the city or county activating an authority. Such term shall also mean any other city or county in which the authority wishes to operate, provided the governing authorities and the board of any hospital authorities of such city and county request or approve such operation. (2) ‘‘Authority’’ or ‘‘hospital authority’’ means any public corporation created by this article. (3) ‘‘Governing body’’ means the elected or duly appointed officials constituting the governing body of a city or county. (4) ‘‘Participating units’’ or ‘‘participating subdivisions’’ means any two or more counties, or any two or more municipalities, or a combination of any county and any municipality acting together for the creation of an authority. (5) ‘‘Project’’ includes the acquisition, construction, and equipping of hospitals, health care facilities, dormitories, office buildings, clinics, housing accommodations, nursing homes, rehabilitation centers, extended care facilities, and other public health facilities for the use of patients and officers and employees of any institution under the supervision and control of any hospital authority or leased by the hospital authority for operation by others to promote the public health needs of the community and all utilities and facilities deemed by the authority necessary or convenient for the efficient operation thereof. Such term may also include any such institutions, utilities, and facilities located outside the city or county in which the authority is located, provided that the acquisition, construction, equipping, and operation thereof is requested or approved by the governing bodies of such city and county in which the project is located and by the board of any hospital authorities located within such city and county or provided that the acquisition, construction, equipping, and operation is to be located in the area of operation of the authority. (6) ‘‘Resolution’’ means the resolution or ordinance to be adopted by governing bodies pursuant to which authorities are established.
History
Ga. L. 1941, p. 241, § 2; Code 1933, § 88-1802, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1969, p. 103, § 1;
Ga. L. 1972, p. 683, § 1; Ga. L. 1973, p. 190, § 1; Ga. L. 1991, p. 1391, §§ 1, 2.
Annotations
JUDICIAL DECISIONS Authorized acts. - Whether the hospital authority authorized the purchase of the hospital without considering, among other factors, the anticompetitive adverse effect of the acquisition on healthcare in the community and alternatives to leasing the hospital to the defendants were irrelevant. The state put the ultimate say-so for the provision and management of healthcare in the hands of the healthcare authorities. FTC v. Phoebe Putney Health Sys., 793 F. Supp. 2d 1356 (M.D. Ga. 2011), aff ’d, 663 F.3d 1369 (11th Cir. 2011). Antitrust actions. - In O.C.G.A. §§ 31-7-71 and 31-7-75, the Georgia legislature authorized hospital authorities (HA) power to acquire and lease hospitals to others, and must have anticipated that HA’s could reduce competition, so state-action immunity applied to defendant HA’s acquisition of a second hospital and the HA’s lease to another defendant,
an entity the HA created, and plaintiff Federal Trade Commission’s complaint under 15 U.S.C. § 18 properly failed. FTC v. Phoebe Putney Health Sys., 663 F.3d 1369 (11th Cir. 2011) (Unpublished). Facilities need not necessarily be provided in hospital building or on the premises on which the hospital building is located, but may be provided by contractual arrangements. Richmond County Hosp. Auth. v. Richmond County, 255 Ga. 183, 336 S.E.2d 562 (1985). Office building used and operated as provided in this section is for a public purpose. Petty v. Hospital Auth., 233 Ga. 109, 210 S.E.2d 317 (1974). Cited in Hospital Auth. v. Stewart, 226 Ga. 530, 175 S.E.2d 857 (1970); Griffin-Spalding County Hosp. Auth. v. Radio Station WKEU, 240 Ga. 444, 241 S.E.2d 196 (1978); Tift County Hosp. Auth. v. MRS of Tifton, Ga., Inc., 255 Ga. 164, 335 S.E.2d 546 (1985).
OPINIONS OF THE ATTORNEY GENERAL ‘‘Project’’ includes renovation of hospital-type facilities. - Literally, a project which undertook to renovate a facility for the public health activities of a county health department would be a permitted activity of a hospital authority, but the enumeration of facilities in the definition of ‘‘project’’ may be read to imply the normal hospital and hospital-type facilities as opposed to the administrative type facility normally associated with a public health department. 1987 Op. Att’y Gen. No. U87-19. County’s agreement to subsidize hospital authority ambulance service. - Agreement by county with hospital authority in nature of contract in which county agrees to subsidize ambu-
lance service operated by hospital authority does not violate any provisions of state Constitution and county would be authorized to pay sums of money to hospital authority for this service. 1968 Op. Att’y Gen. No. 68-280. Deposit of funds exceeding F.D.I.C. insurance. - Collecting officer or officer holding funds of hospital authority may deposit the funds in local bank or banks notwithstanding the fact that the amount so deposited may exceed the Federal Deposit Insurance Corporation insurance on account, if authority required depository to give bond or make deposit of securities in trust to secure such deposits, pursuant to former Code 1993, §§ 89-810 and 89-812. 1969 Op. Att’y Gen. No. 69-500.