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2018 Georgia Code 31-7-96 | Car Wreck Lawyer

TITLE 31 HEALTH

Section 7. Regulation and Construction of Hospitals and Other Health Care Facilities, 31-7-1 through 31-7-412.

ARTICLE 4 COUNTY AND MUNICIPAL HOSPITAL AUTHORITIES

31-7-96. Construction of article.

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.

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

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 546 (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.

Cases Citing O.C.G.A. § 31-7-96

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Richmond Cnty. Hosp. Auth. v. Richmond Cnty., 336 S.E.2d 562 (Ga. 1985).

Cited 40 times | Published | Supreme Court of Georgia | Nov 21, 1985 | 255 Ga. 183

...cient evils shall be consistent with the fundamental scheme of government of the commonwealth and the nation, and shall not violate specific constitutional mandates.'" Williamson v. Housing Auth. of Augusta, 186 Ga. 673, 693 (199 SE 43) (1938). 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 an...
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Tift Cnty. Hosp. Auth. v. MRS of Tifton, Georgia, Inc., 335 S.E.2d 546 (Ga. 1985).

Cited 7 times | Published | Supreme Court of Georgia | Oct 9, 1985 | 255 Ga. 164

...The authority contends that its power to operate a store for the renting and selling of durable medical equipment to the general public arises expressly or by implication from the 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....
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Hosp. Auth. of Wayne Cnty. v. Amerisourcebergen Drug Corp., 317 Ga. 182 (Ga. 2023).

Cited 2 times | Published | Supreme Court of Georgia | Aug 21, 2023

...at 196 (1). Because we 8 Auth. of Charlton County, 248 Ga. 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 subdivision of the state or otherwise, this article shall be controlling.”7 We do not see Caldwell as dispositive here....
...hat the General Assembly could have amended OCGA § 31-7-75 and taken away its authority to pursue the lawsuit, but argued that the General Assembly could not pass another statute that would accomplish the same thing because that would violate OCGA § 31-7-96. 9 in a violation of due process....
...144, 151 (1) (824 SE2d 233) (2019) (“Where two statutes are in conflict the later- enacted statute prevails over the one enacted earlier, and the more specific statute governs over the more general one.”). Despite HAWC’s reliance on OCGA § 31-7-96, that provision does not prevent the General Assembly from later passing the Settlement Act and limiting or eliminating HAWC’s power to pursue certain legal 13 claims under the General Assembly’s authority to delegate to or take away power from a state entity....