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2018 Georgia Code 37-2-11 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 37-2-11 Case Law from Google Scholar Amendments to OCGA 37-2-11

TITLE 37 MENTAL HEALTH

Section 2. Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services, 37-2-1 through 37-2-50.

ARTICLE 1 GENERAL PROVISIONS

37-2-11. Allocation of available funds for services; recipients to meet minimum standards; accounting for fees generated by providers; discrimination in providing services prohibited.

  1. It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care through a unified system of disability services. To this end, the department shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. In funding and providing disability services, the department and the regional offices shall ensure that all providers, public or private, meet minimum standards of quality and competency as established by the department.
  2. Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview of the department, shall be reported to the department and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services; provided, however, that income to a community service board derived from fees may be used to further the purposes of such community service board as found in Code Section 37-3-6.1, subject to appropriations. The department shall be responsible for developing procedures to properly account for the collection, remittance, and reporting of generated fees. The department shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service boards or the department; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources.
  3. No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay; provided, however, unless otherwise prohibited by law or contract, providers of disability services may deny nonemergency disability services to any person who is able to pay, but who refuses to pay. The department shall develop a state-wide sliding fee scale for the provision of disability services and shall promulgate standards that define emergency disability services and refusal to pay.

(Code 1933, § 88-612, enacted by Ga. L. 1976, p. 953, § 1; Ga. L. 1986, p. 1213, § 1; Ga. L. 1993, p. 1445, § 16; Ga. L. 2002, p. 1324, § 1-7; Ga. L. 2006, p. 310, § 9/HB 1223; Ga. L. 2009, p. 453, § 3-1/HB 228.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, "remittance," was substituted for "remittance" in the second sentence of subsection (b).

Editor's notes.

- Ga. L. 1993, p. 1445, § 18.1, not codified by the General Assembly, provides: "Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the 'Community Services Act for the Mentally Retarded.' "

Ga. L. 1993, p. 1445, § 19, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval." The Act was approved by the Governor on April 27, 1993.

Ga. L. 1993, p. 1445, which amends this Code section, provides, in § 19.1, not codified by the General Assembly, that the amendment is repealed on June 30, 1999; however, Ga. L. 1998, p. 870, § 1, struck § 19.1 of Ga. L. 1993, p. 1445, which would have repealed the 1993 amendment to this Code section.

Ga. L. 2006, p. 310, § 10/HB 1223, not codified by the General Assembly, provides that: "Nothing in this Act shall be construed to affect or abate any right accrued or vested prior to July 1, 2006, or any action or proceeding commenced prior to July 1, 2006, under any law amended or repealed by this Act."

Ga. L. 2006, p. 310, § 11/HB 1223, not codified by the General Assembly, provides that those provisions of that Act which authorize community service boards to amend their bylaws and authorize county governing authorities to appoint no sooner than May 1, 2006, any community service board members to take office on July 1, 2006, shall become effective April 21, 2006.

JUDICIAL DECISIONS

Cited in Youngblood v. Gwinnett Rockdale Newton Cmty. Serv. Bd., 273 Ga. 715, 545 S.E.2d 875 (2001).

Cases Citing O.C.G.A. § 37-2-11

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Youngblood v. Gwinnett Rockdale Newton Cmty. Serv. Bd., 545 S.E.2d 875 (Ga. 2001).

Cited 92 times | Published | Supreme Court of Georgia | Apr 12, 2001 | 273 Ga. 715, 2001 Fulton County D. Rep. 1743

...this action against the GRNCSB alleging breach of contract and negligence. [1] The GRNCSB filed a motion for summary judgment which the trial court granted, finding that the GRNCSB is protected by the doctrine of sovereign immunity pursuant to OCGA § 37-2-11.1(c)(1) and there was no enforceable written contract between Patricia Youngblood and the GRNCSB. Youngblood appeals and for the reasons that follow, we affirm in part and reverse in part. 1. The trial court rejected Youngblood's constitutional challenge to OCGA § 37-2-11.1(c)(1) and held that the GRNCSB is protected by sovereign immunity to the same extent as a county. OCGA § 37-2-11.1(c)(1) provides, in pertinent part: The community service boards shall be public bodies, but shall not be considered agencies of the state, or any specific county or municipality. Such community service boards are public agencies in their own right and shall have the same immunity as provided for counties. Youngblood contends that despite the contrary language of OCGA § 37-2-11.1(c)(1), community service boards are departments or agencies of the State and, therefore, OCGA § 37-2-11.1(c)(1) unconstitutionally expands the immunity to which the State is entitled under Article I, Section II, Paragraph IX of the Georgia Constitution of 1983....
...Community service boards were created by the General Assembly as "public agencies" to govern publicly funded programs which provide mental health, mental retardation, substance abuse, and other disability services. OCGA § 37-2-6(a). See OCGA §§ 37-2-1(a), (b), 37-2-11(a)....
...37-2-1 et seq. are agencies or departments of the State. See Division 1, supra. Accordingly, the Legislature acted unconstitutionally when it ignored Art. I, Sec. II, Par. IX (e) and the express terms of the Georgia Tort Claims Act by enacting OCGA § 37-2-11.1(c)(1) so as to denominate these newly-created State agencies or departments as unclassified public entities to be accorded the same immunity as counties. 3. Although not entitled to statutory immunity pursuant to OCGA § 37-2-11.1(c)(1), as a unit of State government the GRNCSB is entitled to the protection of sovereign immunity to the extent it has not been waived....
...All the Justices concur, except FLETCHER, P.J., who concurs in Divisions 1, 3 and 4 and the judgment and CARLEY, J., who concurs specially. CARLEY, Justice, concurring specially I concur in Divisions 1, 3, 4, and in the judgment. However, I cannot join the holding of Division 2 that OCGA § 37-2-11.1(c)(1) is unconstitutional....
...The majority apparently concludes that the waiver of immunity in that statute is not sufficiently specific. To the contrary, the statute specifically provides that community service boards "shall have the same immunity as provided for counties." OCGA § 37-2-11.1(c)(1)....
...Walton County Water & Sewerage Authority, 271 *879 Ga. 192, 193(1), 515 S.E.2d 617 (1999). See also Athens-Clarke County v. Torres, 246 Ga.App. 215, 217(2), 540 S.E.2d 225 (2000). Henderman clearly controls this case and, in my opinion, requires the conclusion that OCGA § 37-2-11.1(c)(1) is constitutional....