O.C.G.A.
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.
(a) No authority shall operate or construct any project for profit. It shall fix rates and charges consistent with this declaration of policy and such as will produce revenues only in amounts sufficient, together with all other funds of the authority, to pay principal and interest on certificates and obligations of the authority, to provide for maintenance and operation of the project, and to create and maintain a reserve sufficient to meet principal and interest payments due on any certificates in any one year after the issuance thereof. The authority may provide reasonable reserves for the improvement, replacement, or expansion of its facilities or services. (b) Notwithstanding subsection (a) of this Code section or any other provisions to the contrary, a joint hospital authority established pursuant to Code Section 31-7-72 which operates a hospital containing more than 900 licensed beds shall only utilize revenues to pay principal and interest on certificates and obligations of the authority, to pay pension plan obligations of the authority existing as of January 1, 2013, and for funding projects leased by the authority to a lessee pursuant to a contract entered into in accordance with paragraph (7) of Code Section 31-7-75; provided, however, that no more than 1 percent of revenues shall be utilized to pay for personnel costs for employees or contractors of the authority.
History
Ga. L. 1941, p. 241, § 6; Code 1933, § 88-1806, enacted by Ga. L.
1964, p. 499, § 1; Ga. L. 2013, p. 1037, § 1/SB 62.
Annotations
JUDICIAL DECISIONS Cited in Bradfield v. Hospital Auth., 226 Ga. 575, 176 S.E.2d 92 (1970); Cox Enters., Inc. v. Carroll City/County Hosp. Auth., 247 Ga. 39, 273 S.E.2d 841 (1981);
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).
OPINIONS OF THE ATTORNEY GENERAL Authority’s right to operate and charge for ambulance service. - Hospital authority has right to operate ambulance service for transportation of pa-
tients 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 Am. Jur. 2d. - 40A Am. Jur. 2d, Hospitals and Asylums, § 3.
C.J.S. - 41 C.J.S., Hospitals, § 21 et seq.
Notes of Decisions
Hosp. Auth. of Fulton Cnty. v. Litterilla, 404 S.E.2d 796 (Ga. Ct. App. 1991).
· cites it 4× “Counties are authorized to establish hospital authorities, which are "deemed to exercise public and essential governmental functions," OCGA § 31-7-75, and which may operate only nonprofit facilities funded in part by tax revenues.”
Turpen v. Rabun Cnty. Bd. of Commissioners, 537 S.E.2d 435 (Ga. Ct. App. 2000).
· cites it 4× “OCGA §§ 31-7-77; 31-7-84. Finally, "hospitals, whether owned directly by a county or city, or by an authority, are designed and intended to serve identical purposes of discharging the governmental obligation to provide for the health of the people.”
Sweeney v. Athens Reg'l Med. Ctr., 705 F. Supp. 1556 (M.D. Ga. 1989).
· cites it 4× “Affidavit of John Drew, 114; O.C.G.A. § 31-7-77 (1985). Pursuant to the Hospital Authorities Law, O.”
Richmond Cnty. Hosp. Auth. v. Richmond Cnty., 336 S.E.2d 562 (Ga. 1985).
· cites it 2× “rity, with one proviso being “that the authority shall have retained sufficient control over any project so leased so as to ensure that the lessee will not in any event obtain more than a reasonable rate of return on its investment in the project, which reasonable rate of…”
Savannah Cemetery Grp. Inc. v. DePue-Wilbert Vault Co., 704 S.E.2d 858 (Ga. Ct. App. 2010).
· cites it 2× “§ 88-1801 (OCGA § 31-7-70), was limited to a determination of whether hospital authority’s action in adopting rule was arbitrary and unreasonable); see also OCGA § 31-7-75 (every hospital authority is deemed to exercise public and essential governmental functions); OCGA §…”
Fed. Trade Comm'n v. Phoebe Putney Health Sys. Inc., 793 F. Supp. 2d 1356 (M.D. Ga. 2011).
· cites it 3× “” O.C.G.A. § 31-7-77. In 1941, the Hospital Authority of Albany-Dougherty County, Georgia, was jointly activated pursuant to a resolution by the City of Albany and Dougherty County, Georgia, to execute the goals represented by the Georgia Hospital Authorities Law.”
Fed. Trade Comm'n v. Phoebe Putney Health Sys., Inc., 663 F.3d 1369 (11th Cir. 2011).
“” O.C.G.A. § 31-7-77. 2 . Each authority's exercise of these powers, however, is generally limited to its own city or county, or, under limited circumstances, only slightly beyond those boundaries.”
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.