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(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.)
- 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).
- In O.C.G.A. §§ 31-7-71 and31-7-75, 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 FTC v. Phoebe Putney Health Sys., 663 F.3d 1369 (11th Cir. 2011)(Unpublished).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) (see O.C.G.A. § 31-7-71).
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).
- 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.
- Agreement by county with hospital authority in nature of contract in which county agrees to subsidize ambulance 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.
- 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.
Total Results: 2
Court: Supreme Court of Georgia | Date Filed: 1985-11-21
Citation: 336 S.E.2d 562, 255 Ga. 183, 1985 Ga. LEXIS 982
Snippet: the terms of OCGA § 31-7-75 (7), is defined in § 31-7-71 (5) to include "all utilities and facilities deemed
Court: Supreme Court of Georgia | Date Filed: 1985-10-09
Citation: 335 S.E.2d 546, 255 Ga. 164, 1985 Ga. LEXIS 1006
Snippet: provisions of OCGA §§ 31-6-2; 31-7-5; 31-7-51; 31-7-71; 31-7-75; 31-7-77; 31-7-96 and 31-7-150. We have