Title 31 — Title 31
0 chapters · 651 sections in this title.
O.C.G.A. § 31-7-115 Lease or sale of projects
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No project acquired under this article shall be operated by an authority, any municipal corporation, county, or other governmental subdivision; but such projects shall be leased or sold to one or more qualified sponsors. If revenue bonds or other obligations are to be issued to p…
O.C.G.A. § 31-7-117 Liability for bonds or other obligations
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No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the state or any county, municipal corporation, or political subdivision thereof; nor shall any act of any authority in any manner constitute or result…
O.C.G.A. § 31-7-118 Exemption from taxation
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(a) Each authority created under this article is created for nonprofit and public purposes, and it is found, determined, and declared that: (1) The creation of each such authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of …
O.C.G.A. § 31-7-12 History
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— Code 1981, § 33-45-1, enacted by Ga. L. 1990, p. 1817, § 1; Ga. L. 2011, p. 315, § 1/SB 166; Ga. L. 2014, p. 375, § 1/SB 304; Ga. L. 2015, p. 5, § 33/HB 90; Ga. L. 2015, p. 581, § 1/SB 111; Ga. L. 2019, p. 945, § 4/HB 300. The 2019 amendment, effective July 1, 2019, deleted ‘‘p…
O.C.G.A. § 31-7-120 Construction of article
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This article shall be liberally construed to effect the purposes hereof, and insofar as this article may be inconsistent with any other law, including the charter of any municipal corporation, this article shall be controlling. The sale or issuance of bonds by any authority shall…
O.C.G.A. § 31-7-13 Transfer of property upon death of patient
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(a) Whenever any person dies in a hospital licensed pursuant to this chapter, in any federal hospital operating within this state, or any nursing home operated within this state, such hospital or nursing home shall be authorized but shall not be required to transfer possession of…
O.C.G.A. § 31-7-130 Legislative intent
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It is the intent of the General Assembly to provide protection for those individuals who are members of peer review groups which evaluate the quality and efficiency of professional health care providers and to protect the confidentiality of their records. History. — Code 1933, § …
O.C.G.A. § 31-7-131 Definitions
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As used in this article, the term: (1) ‘‘Peer review’’ means the procedure by which professional health care providers evaluate the quality and efficiency of services ordered or performed by other professional health care providers, including practice analysis, inpatient hospital…
O.C.G.A. § 31-7-133 Confidentiality of review organization’s records
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(a) Except in proceedings alleging violation of this article, the proceedings and records of a review organization shall be held in 349 31-7-133 confidence and shall not be subject to discovery or introduction into evidence in any civil action; and no person who was in attendance…
O.C.G.A. § 31-7-14 Blood supplies; blood donor storage programs
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(a) When any person is admitted to a medical facility for surgical or medical treatment which has been scheduled in advance, neither the medical facility nor any licensed medical practitioner shall prohibit such person from providing a blood donor or donors to furnish blood which…
O.C.G.A. § 31-7-140 Davenport v
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Kutner, 182 Ga. App. 467, 356 S.E.2d 67, rev’d on other grounds, 257 Ga. 456, 360 S.E.2d 586 (1987). 355 Failure of a medical review committee to strictly adhere to bylaws does not strip the committee of the protection of confidentiality otherwise afforded by O.C.G.A. § 31-7-143.…
O.C.G.A. § 31-7-141 Committee members immune from liability
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There shall be no monetary liability on the part of and no cause of action for damages shall arise against any member of a duly appointed medical review committee for any act or proceeding undertaken or performed within the scope of the functions of any such committee if the comm…
O.C.G.A. § 31-7-143 Poulnott v
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Surgical Assocs., 179 Ga. App. 138, 345 S.E.2d 639 (1986). Cited in Emory Univ. v. Houston, 185 Ga. App. 289, 364 S.E.2d 70 (1987). 31-7-141. Committee members immune from liability.
O.C.G.A. § 31-7-15 Review of professional practices by a peer review committee
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(a) A hospital or ambulatory surgical center shall provide for the review of professional practices in the hospital or ambulatory surgical center for the purpose of reducing morbidity and mortality and for the improvement of the care of patients in the hospital or ambulatory surg…
O.C.G.A. § 31-7-150 Definitions
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As used in this article, the term: (1) ‘‘Branch office’’ means a location or site, identified in the application or endorsement thereto, from which a home health agency provides services within a portion of the total geographic area served by the parent agency and which is part o…
O.C.G.A. § 31-7-152 Application for license
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Any person, organization, or agency desiring to operate a home health agency shall file with the department an application on a form prescribed, prepared, and furnished by the department. The application shall contain such information as the department may require which is reason…
O.C.G.A. § 31-7-154 Inspections
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Each home health agency for which a license has been issued shall be periodically inspected by an authorized representative of the department. Such inspections shall be for the purpose of ensuring that this article is being followed. The department is directed to ensure by inspec…
O.C.G.A. § 31-7-156 Fee system for services under this article
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The department is authorized to establish by standards and policies a fee system which will be applied to all services under this article in order to defray the actual expenses which are incurred by discharging the obligations of this article. History. — Ga. L. 1980, p. 1790, § 9…
O.C.G.A. § 31-7-157 Exemptions from article
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This article shall not apply to services which are provided under the following conditions: (1) Personal or paraprofessional health services provided either with or without compensation when there is no claim that the service is provided as a part of a licensed home health agency…
O.C.G.A. § 31-7-158 Penalties for unlicensed operation
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Any person who operates a home health agency without first obtaining a license pursuant to this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 or imprisoned for a period not to exceed six months, or …
O.C.G.A. § 31-7-160 Definitions
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As used in this article, the term: (1) ‘‘Health service provider psychologist’’ means a licensed psychologist who meets the criteria of training and experience as provided in Code Section 31-7-162 in the delivery of direct, preventive, assessment and therapeutic intervention serv…
O.C.G.A. § 31-7-161 Editor’s notes
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— Ga. L. 2016, p. 257, § 1/SB 319, not codified by the General Assembly, provides: ‘‘The General Assembly finds that the mental health and wellness needs of Georgia’s citizens require the availability of trained mental health professionals who can accurately diagnose, treat, prescr…
O.C.G.A. § 31-7-162 Training and experience requirements
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A health service provider psychologist shall meet the following criteria of training and experience: (1) The psychologist must be currently licensed by the State Board of Examiners of Psychologists; (2) The psychologist must be eligible to be listed in the National Register of He…
O.C.G.A. § 31-7-163 Status of present psychologist staff members
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Nothing in this article shall prohibit a psychologist currently a member of a hospital staff or an employee of a hospital from continuing to work in that capacity. History. — Code 1981, § 31-7-163, enacted by Ga. L. 1983, p. 1426, § 2. 31-7-164. Limitation or revocation of staff …
O.C.G.A. § 31-7-164 Limitation or revocation of staff privileges
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Notwithstanding any other provision of this article, the exercise of privileges in any medical facility or institution may be limited, restricted, or revoked for reasons including, but not limited to, the violation of such medical facility’s or institution’s rules, regulations, o…
O.C.G.A. § 31-7-165 Report of denial of staff privileges
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When any health service provider psychologist is denied staff privileges or is removed from the medical or professional staff, such action shall be reported by the facility to the State Board of Examiners of Psychologists. History. — Code 1981, § 31-7-165, enacted by Ga. L. 1983,…
O.C.G.A. § 31-7-170 Short title
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This article shall be known and may be cited as the ‘‘Georgia Hospice Law.’’ History. — Code 1981, § 31-7-170, enacted by Ga. L. 1983, p. 1317, § 2. 31-7-171. Legislative findings and purpose.
O.C.G.A. § 31-7-171 Legislative findings and purpose
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(a) The General Assembly finds that there is an interest in and need for hospice care, an alternative form of health care, for terminally ill patients and their families. The General Assembly further finds that hospice care is an important innovation which should be recognized an…
O.C.G.A. § 31-7-172 Definitions
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As used in this article, the term: 369 31-7-172 (1) ‘‘Advanced and progressive disease’’ means a serious life-threatening medical condition which is irreversible and which will continue indefinitely, where there is no reasonable hope of recovery, but where the patient’s medical p…
O.C.G.A. § 31-7-173 License required
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No person, private or public organization, political subdivision, or other governmental agency may operate a hospice as defined in Code Section 31-7-172 without first obtaining license from the department. A license issued under this article is not assignable or transferable and …
O.C.G.A. § 31-7-174 Application for license
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Any person, organization, or agency desiring to operate a hospice shall file with the department an application on a form prescribed and furnished by the department. The application shall contain such 371 31-7-176 reasonable information as the department may require related to th…
O.C.G.A. § 31-7-175 Administration of article
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(a) The administration of this article is vested in the Department of Community Health which shall: (1) Prepare and furnish all forms necessary under the provisions of this article in relation to the application for licensure or renewals thereof; (2) After consultation with appro…
O.C.G.A. § 31-7-176 Responsibilities of provider of hospice care
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(a) The hospice care program shall coordinate its services with those of the patient’s primary or attending physicians, and may contract out for elements of services rendered to the patient and family unit, but not 372 31-7-176.1 for the basic hospice care services, provided by p…
O.C.G.A. § 31-7-176.1 Determination or pronouncement of death
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When a patient who is terminally ill or whose death is anticipated and who is receiving hospice care from a licensed hospice dies, a physician assistant, a nurse practitioner, or a registered professional nurse licensed in this state and employed by such hospice at the time of ap…
O.C.G.A. § 31-7-177 Inpatient beds
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Since hospice care is primarily provided at home, licensure shall not be determined solely on the number of inpatient beds needed for service. Inpatient beds under contract to a hospice program may be used by the hospice when needed but may remain otherwise available to the inpat…
O.C.G.A. § 31-7-178 Inspection
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The department shall periodically inspect each hospice for which a license has been issued to ensure that the licensee is providing quality care to its patients; provided, however, that a hospice shall be exempt from additional on-site licensure inspection if certified in accorda…
O.C.G.A. § 31-7-179 Certificate of need not required
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Where a hospice has obtained a license from the department, there shall be no requirement that the hospice obtain a certificate of need in order to provide any hospice care. History. — Code 1981, § 31-7-179, enacted by Ga. L. 1983, p. 1317, § 2. ARTICLE 10 PATIENT CENTERED AND FA…
O.C.G.A. § 31-7-190 Legislative intent
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The intent of the General Assembly in enacting this article is to improve quality and delivery of patient centered and family focused palliative care in this state. 374 31-7-192 History. — Code 1981, § 31-7-190, enacted by Ga. L. 2016, p. 155, § 1/HB 509. 31-7-191. Definitions.
O.C.G.A. § 31-7-191 Definitions
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As used in this article, the term: (1) ‘‘Commissioner’’ means the commissioner of community health. (2) ‘‘Department’’ means the Department of Community Health. (3) ‘‘Georgia Palliative Care and Quality of Life Advisory Council’’ or ‘‘council’’ means the advisory council created …
O.C.G.A. § 31-7-193 Palliative Care Consumer and Professional Information and Education Program
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(a) There is established a state-wide Palliative Care Consumer and Professional Information and Education Program within the department. (b) The purpose of the Palliative Care Consumer and Professional Information and Education Program shall be to maximize the effectiveness of pa…
O.C.G.A. § 31-7-2 Classification of institutions
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The department shall classify institutions and adopt and promulgate rules and regulations applicable thereto according to the type of services rendered. L. History. — Ga. L. 1946, p. 34, § 1; Ga. 1958, p. 322, § 1; Code 1933, § 88-1904, enacted by Ga. L. 1964, p. 499, § 1.
O.C.G.A. § 31-7-257 Procedure upon issuance of temporary licenses
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Reserved. Repealed by Ga. L. 2002, p. 942, § 7, effective July 1, 2002. Editor’s notes. — This Code section was based on Code 1981, § 31-7-257, enacted by Ga. L. 1985, p. 952, § 2. 31-7-258. (Repealed effective October 1, 2019) Change of facility director; notification to departm…
O.C.G.A. § 31-7-280 Health care provider annual reports; form
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(a) As used in this article, the term: (1) ‘‘Department’’ means the Department of Community Health. (2) ‘‘Health care provider’’ means any hospital or ambulatory surgical or obstetrical facility having a license or permit issued by the department under Article 1 of this chapter. …
O.C.G.A. § 31-7-281 Data system established; departmental authority
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(a) The department shall be required to establish and operate a state-wide health care data system to collect, compile, analyze, and disseminate data collected pursuant to this article from health care providers and other specified entities. (b) The department shall be authorized…
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…