O.C.G.A.

O.C.G.A. § 31-7-75.2 (2019)

Exemption from disclosure for potentially commercially valuable plan, proposal, or strategy

✓ 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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Notwithstanding any other provision of law to the contrary, no Georgia nonprofit corporation in its operation of a hospital or other medical facility for the benefit of a governmental entity in this state and no hospital authority shall be required by Chapter 14 of Title 50 or Article 4 of Chapter 18 of Title 50 to disclose or make public any potentially commercially valuable plan, proposal, or strategy that may be of competitive advantage in the operation of the corporation or authority or its medical facilities and which has not been made public. This exemption shall terminate at such time as such plan, proposal, or strategy has either been approved or rejected by the governing board of such corporation or hospital authority. Except as provided in this Code section or as otherwise provided by law, hospital authorities shall comply with the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50.

History

Code 1981, § 31-7-75.2, enacted by Ga. L. 1989, p. 553, § 1; Ga. L. 1993, p. 1020, § 2; Ga. L. 2001, p. 1172, § 1.

Annotations

Law reviews. - For note on 1989

enactment of this Code section, see 6 Ga. St. U. L. Rev. 324 (1989). For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 162 (2001).

Notes of Decisions

Cited in 2 cases, 1993–2016 · leading case: Northside Hosp. Inc. v. E. Kendrick Smith, 783 S.E.2d 480 (Ga. Ct. App. 2016).

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Northside Hosp. Inc. v. E. Kendrick Smith, 783 S.E.2d 480 (Ga. Ct. App. 2016). · cites it 4× “Subsection (e) of the statute provides, 3 [n]othing in this Code section shall be deemed or construed to affect in any manner the provisions of Code Section 31-7-75.2 [an exemption in the Hospital Authorities Law to the Open Meetings Act and Open Records Act], Chapter 14 of…”

Clayton Cnty. Hosp. Auth. v. Webb, 430 S.E.2d 89 (Ga. Ct. App. 1993). · cites it 4× “denied the motion to dismiss, ruled that the Authority and all of the defendant corporations were subject to the Act, and granted the petition on the conditions that the plaintiffs provide a statement under OCGA § 50-18-70 (d) that the information in the records was not to be…”

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.