Title 31 — Title 31
0 chapters · 651 sections in this title.
O.C.G.A. § 31-6-1 Declaration of policy
1.0K chars
The policy of this state and the purposes of this chapter are to ensure access to quality health care services and to ensure that health care services and facilities are developed in an orderly and economical manner and are made available to all citizens and that only those 141 3…
O.C.G.A. § 31-6-2 Definitions
21.5K chars
As used in this chapter, the term: (1) ‘‘Ambulatory surgical center or obstetrical facility’’ means a public or private facility, not a part of a hospital, which provides surgical or obstetrical treatment performed under general or regional anesthesia in an operating room environ…
O.C.G.A. § 31-6-20 Health Strategies Council generally [Repealed]
0.6K chars
31-6-21. Department of Community Health functions and powers. 31-6-21.1. Procedures for rule making by Department of Community Health. 31-6-22. Commissioner of department [Repealed]. Article 3 Certificate of Need Program 31-6-40. Certificate of need required for new institutional…
O.C.G.A. § 31-6-21 Department of Community Health functions and powers
5.5K chars
(a) The Department of Community Health, established under Chapter 2 of this title, is authorized to administer the certificate of need program established under this chapter and, within the appropriations made available to the department by the General Assembly of Georgia and con…
O.C.G.A. § 31-6-21.1 Procedures for rule making by Department of Community Health
8.3K chars
(a) Rules of the department shall be adopted, promulgated, and implemented as provided in this Code section and in Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act,’’ except that the department shall not be required to comply with subsections (c) through (g) of …
O.C.G.A. § 31-6-22 Commissioner of department
0.2K chars
Repealed by Ga. L. 2008, p. 12, § 1-1/SB 433, effective July 1, 2008. Editor’s notes. — This Code section was based on Code 1981, § 31-6-22, en- acted by Ga. L. 1983, p. 1566, § 1; Ga. L. 1999, p. 296, § 7. ARTICLE 3 CERTIFICATE OF NEED PROGRAM
O.C.G.A. § 31-6-3 Declaration of policy
0.1K chars
Definitions. ‘‘Medical use rights’’ defined; limitations. Article 2 Organization 31-6-20. Health Strategies Council generally [Repealed].
O.C.G.A. § 31-6-40.2 New perinatal services
5.1K chars
(a) As used in this Code section only, the term: (1) ‘‘Certificate of need application’’ means an application for a certificate of need filed with the department, any amendments thereto, and any other written material relating to the application and filed by the applicant with th…
O.C.G.A. § 31-6-41 Scope and term of validity of certificate
2.2K chars
(a) A certificate of need shall be valid only for the defined scope, location, cost, service area, and person named in an application, as it may be amended, and as such scope, location, service area, cost, and person are approved by the department, unless such certificate of need…
O.C.G.A. § 31-6-42 Qualifications for issuance of certificate
10.4K chars
(a) The written findings of fact and decision, with respect to the department’s grant or denial of a certificate of need, shall be based on the applicable considerations specified in this Code section and reasonable rules promulgated by the department interpretive thereof. The de…
O.C.G.A. § 31-6-42.1 Payment of obligations prior to granting or modifying a certificate of need
0.8K chars
No applicant for a new certificate of need, a modification to an existing certificate of need, or a conversion of a certificate of need that has any outstanding amounts owed to the state including fines, 178 31-6-42.1 STATE HEALTH PLANNING AND DEVELOPMENT 31-6-43 penalties, fees,…
O.C.G.A. § 31-6-43 Acceptance or rejection of application for certificate
11.3K chars
(a) At least 30 days prior to submitting an application for a certificate of need for clinical health services, a person shall submit a letter of intent to the department. The department shall provide by rule a process for submitting letters of intent and a mechanism by which app…
O.C.G.A. § 31-6-44 Certificate of Need Appeal Panel
17.6K chars
(a) Effective July 1, 2008, there is created the Certificate of Need Appeal Panel, which shall be an agency separate and apart from the department and shall consist of a panel of independent hearing officers. The purpose of the appeal panel shall be to serve as a panel of indepen…
O.C.G.A. § 31-6-44.1 Judicial review
3.9K chars
(a) Any party to the initial administrative appeal hearing conducted by the appointed appeal panel hearing officer, excluding the department, may seek judicial review of the final decision in accordance with the method set forth in Chapter 13 of Title 50, the ‘‘Georgia Administra…
O.C.G.A. § 31-6-45 History
0.8K chars
— Code 1981, § 31-6-40.1, enacted by Ga. L. 1991, p. 1419, § 1; Ga. L. 1999, p. 296, § 22; Ga. L. 2008, p. 12, § 1-1/SB 433; Ga. L. 2009, p. 8, § 31/SB 46; Ga. L. 2019, p. 148, § 1-5/HB 186. The 2019 amendment, effective July 1, 2019, deleted former subsection (b.1), which read: …
O.C.G.A. § 31-6-45.1 Automatic revocation of certificate of need or authority
1.6K chars
(a) A health care facility which has a certificate of need or is otherwise authorized to operate pursuant to this chapter shall have such certificate of need or authority to operate automatically revoked by operation of law without any action by the department when that facility’…
O.C.G.A. § 31-6-46 Annual report by department
1.5K chars
The department shall prepare and submit an annual report to the board and to the Health and Human Services Committee of the Senate and the Health and Human Services Committee of the House of Representatives about its operations and decisions for the preceding 12 200 31-6-47 month…
O.C.G.A. § 31-6-47 Exemptions from chapter
24.1K chars
(a) Notwithstanding the other provisions of this chapter, this chapter shall not apply to: (1) Infirmaries operated by educational institutions for the sole and exclusive benefit of students, faculty members, officers, or employees thereof; (2) Infirmaries or facilities operated …
O.C.G.A. § 31-6-47.1 Prior notice and approval of certain activities
2.8K chars
The department shall require prior notice from a new health care facility for approval of any activity which is believed to be exempt pursuant to Code Section 31-6-47 or excluded from the requirements of this chapter under other provisions of this chapter. The department may requ…
O.C.G.A. § 31-6-48 Prior entities abolished; transfer of contractual obligations
2.1K chars
The State Health Planning and Development Agency, the State-wide Health Coordinating Council, and the State Health Planning Review 212 31-6-49 Board existing immediately prior to July 1, 1983, are abolished, and their respective successors on and after July 1, 1983, shall be the …
O.C.G.A. § 31-6-49 Transitional provisions
0.8K chars
All matters transferred to the Health Planning Agency by the previously existing provisions of this Code section and that are in effect on June 30, 1999, shall automatically be transferred to the Department of Community Health on July 1, 1999. All matters of the Health Planning R…