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2018 Georgia Code 31-8-100 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-8-100 Case Law from Google Scholar Amendments to OCGA 31-8-100

TITLE 31 HEALTH

Section 8. Care and Protection of Indigent and Elderly Patients, 31-8-1 through 31-8-306.

ARTICLE 5 BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES

31-8-100. Short title.

This article shall be known and may be cited as the "Bill of Rights for Residents of Long-term Care Facilities."

(Code 1933, § 88-1901B, enacted by Ga. L. 1981, p. 149, § 1.)

JUDICIAL DECISIONS

Choice of psychologist.

- Bill of Rights for Residents of Long-term Care Facilities, O.C.G.A. § 31-8-100 et seq., does not give nursing home residents the right to choose a psychologist - it only gives the residents the right to choose a physician and a pharmacist. Pruitt Corp. v. Strahley, 270 Ga. 430, 510 S.E.2d 821 (1999).

Federal question jurisdiction.

- In a wrongful death action alleging violations of Georgia's Bill of Rights for Residents of Long-term Care Facilities, O.C.G.A. § 31-8-100 et seq., and 42 C.F.R. § 482.25, remand was properly granted as there was no federal question jurisdiction; whether a failure to comply with the requirements of § 482.25 constituted negligence per se under Georgia law was a matter of state law. Burney v. 4373 Houston, LLC, F. Supp. 2d (M.D. Ga. Oct. 24, 2005).

Long-arm personal jurisdiction over out-of-state parent company not established.

- Trial court erred by denying an out-of-state company's motion to dismiss based on lack of personal jurisdiction because the company met the company's burden of showing a lack of minimum contacts needed to support the exercise of personal jurisdiction, and that conclusion was consistent with other jurisdictional authority holding that ownership of a resident nursing home subsidiary by an out-of-state parent corporation without more is insufficient to obtain jurisdiction of the parent corporation. Drumm Corp. v. Wright, 326 Ga. App. 41, 755 S.E.2d 850 (2014).

RESEARCH REFERENCES

ALR.

- Construction and application of state patient bill of rights statutes, 87 A.L.R.5th 277.

Cases Citing Georgia Code 31-8-100 From Courtlistener.com

Total Results: 1

Pruitt Corp. v. Strahley

Court: Supreme Court of Georgia | Date Filed: 1999-01-19

Citation: 510 S.E.2d 821, 270 Ga. 430, 14 I.E.R. Cas. (BNA) 1326, 99 Fulton County D. Rep. 365, 1999 Ga. LEXIS 52

Snippet: Residents of Long-term Care Facilities (OCGA § 31-8-100 et seq.) has no bearing on the issue presented