Title 31 — Title 31
0 chapters · 651 sections in this title.
O.C.G.A. § 31-7-282 Collection and submission of data
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The department shall be authorized to request, collect, or receive the collection and submission of data listed in subsection (c) of Code Section 31-7-280 from: (1) Health care providers; (2) The Department of Human Services; (3) The Commissioner of Insurance; (4) Reserved; (5) T…
O.C.G.A. § 31-7-285 Confidentiality; liability
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(a) Notwithstanding any provision of law to the contrary, it shall not be unlawful for any entity which may be requested or required to provide data to the department under this article so to provide that information or for the department or its designees to provide such informat…
O.C.G.A. § 31-7-3 Requirements for permits to operate institutions
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(a) Any person or persons responsible for the operation of any institution, or who may hereafter propose to establish and operate an institution and to provide specified clinical services, shall submit an application to the department for a permit to operate the institution and p…
O.C.G.A. § 31-7-3.2 Notice of cited deficiency and imposition of sanction
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(a) A nursing home or intermediate care home licensed under this article shall give notice in the event that such facility has been cited by the department for any deficiency for which the facility has received notice of the imposition of any sanction available under federal or s…
O.C.G.A. § 31-7-300 Definitions
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As used in this article, the term: (1) ‘‘Companion or sitter tasks’’ means the following tasks which are provided to elderly, handicapped, or convalescing individuals: transport and escort services; meal preparation and serving; and household tasks essential to cleanliness and sa…
O.C.G.A. § 31-7-301 License requirement; license not assignable or transferable
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Except as otherwise provided in this article, on and after July 1, 1996, no person, business entity, corporation, or association, whether operated for profit or not for profit, may operate as a private home care provider without first obtaining a license or provisional license fr…
O.C.G.A. § 31-7-303 Inspections; requirements for exemption
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Each private home care provider for which a license has been issued shall be inspected by the department periodically; provided, however, the department may exempt a provider from inspections if it is certified or accredited by a certification or accreditation entity recognized a…
O.C.G.A. § 31-7-304 Fees
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The department is authorized to charge an application fee, a license fee, a license renewal fee, or a similar fee; and the amount of such fees shall be established by the Board of Community Health. Each fee so established shall be reasonable and shall be determined in such a mann…
O.C.G.A. § 31-7-305 Exempt services
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This article shall not apply to private home care services which are provided under the following conditions: (1) When those services are provided directly by an individual, either with or without compensation, and not by agents or employees of the individual and not through inde…
O.C.G.A. § 31-7-306 Applications received prior to effective date of article
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A person, business entity, corporation, or association which has applied for a license pursuant to this article prior to July 1, 1996, but which has not been granted such license within 180 days after rules implementing this article have become effective shall be authorized to co…
O.C.G.A. § 31-7-308 Definitions
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License requirement; license not assignable or transferable. Rules and regulations; authority of department to issue, suspend, or revoke licenses. Inspections; requirements for exemption. Fees. Exempt services. Applications received prior to effective date of article. Certificate…
O.C.G.A. § 31-7-350 Definitions
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As used in this article, the term: (1) ‘‘Conviction’’ means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) ‘‘Crime’’ means commission of an offense which constitutes a felony with respect to the following:…
O.C.G.A. § 31-7-351 Definitions
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As used in this article, the term: (1) ‘‘Applicant’’ means an individual applying to be a direct access employee at a facility. (2) ‘‘Conviction’’ means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (3) ‘‘Cri…
O.C.G.A. § 31-7-352 Registry check required; validation of licensing
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(a) A registry check of an owner, applicant, or employee shall be required prior to a criminal background check and shall be initiated by the applicable facility. A registry check shall be performed by such facility and may include reviewing registries of any other states in whic…
O.C.G.A. § 31-7-353 Penalty for hiring applicant with criminal record
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A nursing home that hires an applicant for employment with a criminal record shall be liable for a civil monetary penalty in the amount of the lesser of $2,500.00 or $500.00 for each day that a violation of subsection (a) of Code Section 31-7-351 occurs. The daily civil monetary …
O.C.G.A. § 31-7-354 Authority to enforce article; rules and regulations
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The Department of Community Health shall be authorized to enforce this article and to promulgate rules and regulations related to the requirements of this article. History. — Code 1981, § 31-7-354, enacted by Ga. L. 2008, p. 12, § 2-25/SB 433. Editor’s notes. — See the Editor’s n…
O.C.G.A. § 31-7-356 Facility’s failure to comply with provisions; penalty
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A facility that does not terminate an employee who has been found to have an unsatisfactory determination or failed a registry check shall be liable for a civil monetary penalty in the amount of the lesser of $10,000.00 or $500.00 for each day that a violation occurs. The daily c…
O.C.G.A. § 31-7-357 Required notice on application form
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Each application form provided by a facility to an applicant shall conspicuously state the following: ‘‘FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT.’’ History. — Code 1981, § 31-7-357, enacted by Ga. L. 2018, …
O.C.G.A. § 31-7-358 License revocation or withholding; additional requirements
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(a)(1) An owner of a facility with an unsatisfactory determination or whose name appears on a registry check shall not operate or hold a license, and the department shall revoke the license of any owner operating such facility or refuse to issue a license to any owner operating s…
O.C.G.A. § 31-7-360 Rules and regulations
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The department shall promulgate written rules and regulations related to the requirements and implementation of this article. History. — Code 1981, § 31-7-354, enacted by Ga. L. 2008, p. 12, § 2-25/SB 433; Code 1981, § 31-7-360, as redesignated by Ga. L. 2018, p. 611, § 1-4/SB 40…
O.C.G.A. § 31-7-361 Transfer of responsibilities, rights, and personnel between departments
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(a) Effective July 1, 2009, all matters relating to facility licensing and employee criminal background checks for personal care homes pursuant to Article 11 of this chapter as it existed on June 30, 2009, shall be transferred from the Department of Human Services to the departme…
O.C.G.A. § 31-7-381 Definitions
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Request for criminal record check; employment application form notice. Immunity from liability. Penalty for hiring applicant with criminal record. Authority to enforce article; rules and regulations. 31-7-382. 31-7-383. 31-7-384. Article 14 31-7-385. Georgia Long-term Care Backgr…
O.C.G.A. § 31-7-386 Short title; purpose
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Definitions. Registry check required; validation of licensing. Records check application; transmittal of fingerprints; penalties for unauthorized release or disclosure of information. (Effective October 1, 2019) Purpose and intent. (Effective October 1, 2019) Definitions. (Effect…
O.C.G.A. § 31-7-4 Denial or revocation of permits
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The department may refuse to grant a permit as provided for in Code Section 31-7-3 for the operation of any institution that does not fulfill the minimum requirements which the department may prescribe by rules and regulations, may revoke a permit which has been issued if an inst…
O.C.G.A. § 31-7-400 Definitions
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As used in this article the term: (1) ‘‘Acquiring entity’’ means an individual, business corporation, general partnership, limited partnership, limited liability company, 423 31-7-400 limited liability partnership, joint venture, nonprofit corporation, hospital authority, or any …
O.C.G.A. § 31-7-401 Notice to Attorney General of acquisition
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No acquiring entity shall engage in an acquisition without first notifying the Attorney General pursuant to this article. No nonprofit corporation which owns, controls, or operates, directly or indirectly, a hospital having a permit under this chapter shall engage in a dispositio…
O.C.G.A. § 31-7-404 Publication of notice
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Within ten working days after receipt of notice under this article, the Attorney General shall publish notice of the proposed transaction in a newspaper of general circulation in the county where the main campus of the hospital is located and shall notify in writing the governing…
O.C.G.A. § 31-7-407.1 Report of findings
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The Attorney General shall issue a report of findings addressing the issues outlined in Code Section 31-7-406 within 30 days of the public hearing; provided, however, the time for issuing said report may be extended for an additional 30 days if the Attorney General finds there ha…
O.C.G.A. § 31-7-409 Prospective operation of article
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31-7-410. Authority of Attorney General unaffected. 31-7-411. Attorney General’s power under article same as under Code Section 45-15-17. 31-7-412. Disposition or acquisition made in violation of requirements of article null and void; violators subject to fine; Attorney General t…
O.C.G.A. § 31-7-410 Authority of Attorney General unaffected
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No provision of this article shall derogate from the common law or statutory authority of the Attorney General. History. — Code 1981, § 31-7-410, enacted by Ga. L. 1997, p. 1091, § 1. 31-7-411. Attorney General’s power under article same as under Code Section 45-15-17. In connect…
O.C.G.A. § 31-7-50 Authorization of grants-in-aid
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The state is authorized to make grants to any county, municipality, or any combination thereof or to any hospital authority to assist in the construction and modernization of publicly owned and publicly operated medical facilities, auxiliary medical facilities, and mental health …
O.C.G.A. § 31-7-51 Definitions
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(a) As used in this article, the term: (1) ‘‘Auxiliary medical facilities’’ means diagnostic and treatment facilities, nursing homes, chronic illness hospitals, and rehabilitation centers. (2) ‘‘Construction project’’ means a program for the construction of any medical facility o…
O.C.G.A. § 31-7-52 Amounts of grants for construction and modernization
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(a) Grants for construction projects or modernization projects made from state appropriations pursuant to this article shall be in an amount equal to one-third of the allowable cost of the project, except as otherwise provided in this article. (b) In the event that state funds ap…
O.C.G.A. § 31-7-53 History
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— Ga. L. 1949, p. 263, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 214, § 1; Ga. L. 1955, p. 410, § 1; Code 1933, § 88-2101, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1966, p. 716, § 1; Ga. L. 2015, p. 385, § 4-2/HB 252. Editor’s notes. — Ga. L. 2015, p. 385, § 1-1/HB 252, not codifi…
O.C.G.A. § 31-7-54 Manner of expenditure of construction funds
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In order to assist the several counties, municipalities, or any combination thereof or any hospital authorities created under the ‘‘Hospital Authorities Law,’’ Article 4 of this chapter, such funds as are appropriated for each fiscal year for the construction of publicly owned an…
O.C.G.A. § 31-7-55 Administration of state funds
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The state agency is to be the sole agency for the administration of state funds pursuant to this article. The administration of such funds 277 31-7-57 shall be in direct conjunction with that of federal funds under Titles VI and VII of the Public Health Service Act, as now or her…
O.C.G.A. § 31-7-56 Adherence to federal law and regulations
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The establishment of hospital service areas, the determination of relative need, the priority of projects, and the standards of construction shall be consistent with Titles VI and VII of the Public Health Service Act, as now or hereafter amended, and the federal regulations presc…
O.C.G.A. § 31-7-57 Authorization of grants-in-aid
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Definitions. Amounts of grants for construction and modernization. Matching formula; priority system; use of earnings; approval of federal grant. Manner of expenditure of construction funds. Administration of state funds. Adherence to federal law and regulations. Procedure for gr…
O.C.G.A. § 31-7-7 Refusal or revocation by public hospital of staff privileges
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(a) Whenever any licensed doctor of medicine, doctor of podiatric medicine, doctor of osteopathic medicine, or doctor of dentistry shall make application for permission to treat patients in any hospital owned or operated by the state, any political subdivision thereof, or any mun…
O.C.G.A. § 31-7-70 Short title
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This article shall be known and may be cited as the ‘‘Hospital Authorities Law.’’ 281 History. — Code 1933, § 88-1801, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1996, p. 6, § 31.
O.C.G.A. § 31-7-71 Definitions
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As used in this article, the term: (1) ‘‘Area of operation’’ means the area within the city or county activating an authority. Such term shall also mean any other city or county in which the authority wishes to operate, provided the governing authorities and the board of any hosp…
O.C.G.A. § 31-7-72 A copy of such resolution shall be filed with the department
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Copies of any resolutions adopted by the governing body of the county for the purpose of filling vacancies in the membership of the hospital authority or for making any changes in membership shall also be filed with the department. (c) Appointments to fill vacancies on the board …
O.C.G.A. § 31-7-72.1 Merger of hospital authorities
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(a) A hospital authority activated for a county pursuant to Code Section 31-7-73 may be merged with a hospital authority activated for that county under Code Section 31-7-72 upon compliance with this Code section and approval by resolution of the governing authority of the county…
O.C.G.A. § 31-7-74.2 Oath to be taken by members of hospital authority
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Each member of a hospital authority shall take in the presence of an officer authorized to administer same the following oath: I, , citizen of County, Georgia, do solemnly swear that I will, to the best of my ability, without favor or affection to any person and without any unaut…
O.C.G.A. § 31-7-75 Functions and powers
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Every hospital authority shall be deemed to exercise public and essential governmental functions and shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including, but without limiting the generality of the fo…
O.C.G.A. § 31-7-75.3 Home health agency services operated by hospitals
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Repealed by Ga. L. 2007, p. 47, § 31(1)/SB 103, effective May 11, 2007. 306 31-7-75.3 HEALTH CARE FACILITIES 31-7-76 Editor’s notes. — This Code section was based on Code 1981, § 31-7-75.3, enacted by Ga. L. 1998, p. 900, § 4. 31-7-76. Procedure in event of failure of authority t…
O.C.G.A. § 31-7-78 Issuance and sale of negotiable revenue anticipation certificates
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31-7-79. Liability on revenue certificates; tax exemption. 31-7-80. Form and contents of revenue certificates; validity of signatures thereon. 31-7-81. Confirmation and validation of revenue certificates. 31-7-82. Enforcement of rights of revenue certificate holders; procedure in…
O.C.G.A. § 31-7-79 Liability on revenue certificates; tax exemption
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Neither the members of an authority nor any person executing certificates on behalf of an authority shall be personally liable thereon by reason of the issuance thereof. The certificates and other obligations of an authority shall not be, and shall so state on the face thereof, a…
O.C.G.A. § 31-7-8 Definitions
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Classification of institutions. Rules and regulations; availability of reports of cited deficiencies; disclosure of survey worksheets and documents. Determination that patients or residents in an institution, community living arrangement, or treatment program are in danger; reloc…
O.C.G.A. § 31-7-81 Confirmation and validation of revenue certificates
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(a) Certificates of an authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36; and, when validated, the judgment of validation shall be final and conclusive with respect to such certificates and against the authority iss…