O.C.G.A.

O.C.G.A. § 31-7-74 (2019)

Residency requirement; officers; compensation; rules and regulations

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The members of a hospital authority shall be residents of the participating units comprising the authority. The requirement of residence shall not apply to authorities activated under subsection (d) of Code Section 31-7-72, provided they are selected from within the area of service and within 12 miles of the hospital location or within 12 miles of the sponsoring county or municipality, whichever is farther. The members shall elect one of their number as chair and another as vice chair and shall also elect a secretary-treasurer, who need not be a member. The members shall receive no compensation for their services, either as members or as employees of the authority but may be reimbursed for their actual expenses incurred in the performance of their duties or, in the alternative, the members may elect to be reimbursed for such expenses on a per diem basis in an amount not to exceed $100.00 per meeting and the total amount not to exceed $100.00 per month. The authority shall make rules and regulations for its governance and may delegate to one or more of its members, officers, agents, or employees such powers and duties as may be deemed necessary and proper.

History

Ga. L. 1941, p. 241, § 4; Code 1933, § 88-1804, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1965, p. 347, § 2;

Ga. L. 1983, p. 1317, § 1; Ga. L. 1984, p. 874, § 1; Ga. L. 1997, p. 1404, § 2.

Annotations

JUDICIAL DECISIONS Delegation of duty does not relieve authority of responsibility for negligence. - Duty of screening candidates for admission to medical staff of hospital may be delegated to existing members of staff, and such staff members are agents of hospital authority, which is responsible for any default or negligence in properly selecting new members of staff. Joiner v. Mitchell County Hosp. Auth., 125 Ga. App. 1, 186 S.E.2d 307 (1971), aff ’d, 229 Ga. 140, 189 S.E.2d 412 (1972).

Cited in Cox Enters., Inc. v. Carroll City/County Hosp. Auth., 247 Ga. 39, 273 S.E.2d 841 (1981); Georgia Magnetic Imaging, Inc. v. Green County Hosp. Auth., 219 Ga. App. 502, 466 S.E.2d 41 (1995); Kendall v. Griffin-Spalding County Hosp. Auth., 242 Ga. App. 821, 531 S.E.2d 396 (2000); United States v. Hosp. Auth. of Charlton County (In re Hosp. Auth. of Charlton County), 56 Bankr. Ct. Dec. (LRP) 220 (Bankr. S.D. Ga. July 3, 2012).

Notes of Decisions
Cited in 4 cases, 1985–2000 · leading case: Georgia Magnetic Imaging, Inc. v. Greene Cnty. Hosp. Auth., 466 S.E.2d 41 (Ga. Ct. App. 1995).
Georgia Magnetic Imaging, Inc. v. Greene Cnty. Hosp. Auth., 466 S.E.2d 41 (Ga. Ct. App. 1995). · cites it 4× “OCGA § 31-7-74 (a) provides in part that “[t]he [hospital] authority shall make rules and regulations for its governance and may delegate to one or more of its members, officers, agents, or employees such powers and duties as may be deemed necessary and proper.”
Richmond Cnty. Hosp. Auth. v. Richmond Cnty., 336 S.E.2d 562 (Ga. 1985). · cites it 2× “OCGA § 31-7-74 (b) specifies that the conflicts-of-interest rules are applicable to hospital authority members.”
Kendall v. Griffin-Spalding Cnty. Hosp. Auth., 531 S.E.2d 396 (Ga. Ct. App. 2000). · cites it 4× “Any health care provider licensed under Chapter 30 of Title 43 shall be eligible to apply to become a participating provider under such a hospital plan or network which provides coverage for health care services which are within the lawful scope of his *824 or her practice,…”
Crosby v. Hosp. Auth. of Valdosta & Lowndes Cnty., 93 F.3d 1515 (11th Cir. 1996). “O.C.G.A. § 31-7-74(a). Hospital authorities are granted the same exemptions and exclusions from taxes as are granted to eities and counties for similar facilities.”
— 31-7-74(a) — 1 case
Crosby v. Hosp. Auth. of Valdosta & Lowndes Cnty., 93 F.3d 1515 (11th Cir. 1996). “O.C.G.A. § 31-7-74(a). Hospital authorities are granted the same exemptions and exclusions from taxes as are granted to eities and counties for similar facilities.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.