O.C.G.A.

O.C.G.A. § 31-7-96 (2019)

Construction of article

✓ 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.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

This article, being necessary for the welfare of the citizens of the state, shall be liberally construed to effect the purposes hereof; and insofar as this article may be inconsistent with any other law, whether by charter of any political subdivision of the state or otherwise, this article shall be controlling.

History

Ga. L. 1941, p. 241, § 16; Code 1933, § 88-1819, enacted by Ga. L. 1964, p. 499, § 1.

Annotations

Cross references. - Revenue bonds generally, § 36-82-60 et seq.

JUDICIAL DECISIONS Cited in Tift County Hosp. Auth. v. MRS of Tifton, Ga., Inc., 255 Ga. 164, 335 S.E.2d (1985); Kendall v.

Griffin-Spalding County Hosp. Auth., 242 Ga. App. 821, 531 S.E.2d 396 (2000).

OPINIONS OF THE ATTORNEY GENERAL Authority may authorize contract for private back-up ambulance service. - Hospital authority may enter into contract with private ambulance service,

on trip by trip basis, to provide for a back-up ambulance service for authority. 1970 Op. Att’y Gen. No. 70-200.

ARTICLE 5 RESIDENTIAL CARE FACILITIES FOR THE ELDERLY AUTHORITIES Cross references. - Protection of disabled adults and elder persons, T. 30, C. 5. Licensing of nursing home administrators, T. 43, C. 27. Exemptions from law regarding public officials’ conflicts of interest relating to Medicaid and Medicare payments, § 45-10-25. Provision by Department of Human Resources (now the Department of Community Health for these purposes) of adult day center services for the aging, T. 49, C. 6. Administrative rules and regulations. - Nursing homes, Official Compi-

lation of the Rules and Regulations of the State of Georgia, Department of Community Health, Healthcare Facility Regulation, Subject 111-8-56. Law reviews. - For article, ‘‘Tax-exempt Financing of Housing for the Elderly in Georgia,’’ see 17 Ga. St. B. J. 41 (1980). For note, procedural requirements for public approval of tax-exempt industrial development bonds under TEFRA, 19 Ga. St. B. J. 84 (1982).

OPINIONS OF THE ATTORNEY GENERAL Construction with Hospital Authorities Law. - The Hospital Authorities Law, O.C.G.A. § 31-7-70 et seq., and the Residential Care Facilities for the Elderly Authorities Act, O.C.G.A. § 31-7-110 et seq., should not be viewed as mutually exclusive and may be harmonized. 1984 Op. Att’y Gen. No. U84-9. While both the Hospital Authorities

Law, O.C.G.A. § 31-7-70 et seq., and the Residential Care Facilities for the Elderly Authorities Act, O.C.G.A. § 31-7-110 et seq., allow either authority to acquire or build a facility, a Residential Care Facilities for the Elderly Authority, as opposed to a Hospital Authority, may not operate a facility. 1984 Op. Att’y Gen. No. U84-9.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1985–2023 · leading case: Hosp. Auth. of Wayne Cnty. v. Amerisourcebergen Drug Corp., 317 Ga. 182 (Ga. 2023).

Sort: Relevance Newest Treatment

Hosp. Auth. of Wayne Cnty. v. Amerisourcebergen Drug Corp., 317 Ga. 182 (Ga. 2023). · cites it 12× “887 (287 SE2d 15) (1982), and that the General Assembly is prevented from subsequently passing legislation taking away that authority under OCGA § 31-7-96, which provides that “insofar as this article may be inconsistent with any other law, whether by charter of any political…”

Richmond Cnty. Hosp. Auth. v. Richmond Cnty., 336 S.E.2d 562 (Ga. 1985). · cites it 2× “OCGA § 31-7-96 provides: “This article, being necessary for the welfare of the citizens of the state, shall be liberally construed to effect the purposes hereof; and insofar as this article may be inconsistent with any other law, whether by charter of any political subdivision…”

Kendall v. Griffin-Spalding Cnty. Hosp. Auth., 531 S.E.2d 396 (Ga. Ct. App. 2000). · cites it 2× “Because the Authority’s enabling statute does not specifically authorize it to take this action, we must look to see if that authority is necessarily implied from the express grant of other powers.”

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.