GA Code § 31-7-95 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 4 - County and Municipal Hospital Authorities|§ 31-7-95. Funding of Medical Education Provided by Hospital Authorities and Designated Teaching Hospitals

  As used in this Code section, the term:   "Designated teaching hospital" means a teaching hospital operated by other than a hospital authority, which hospital agrees to contract with the state to offer or continue to offer a residency program approved by the American Medical Association, which program has at least 50 residents and which hospital operates a 24 hour, seven-day-per-week emergency room open to the public and which hospital files a semiannual statistical report consistent with those filed by other state funded tertiary, neonatal, obstetrical centers with the Department of Community Health.   "Hospital authority" means a hospital authority operating a teaching hospital which offers a residency program approved by the American Medical Association.   "Resident" means a physician receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital.     The General Assembly finds that the major hospital authorities and designated teaching hospitals in this state provide a valuable service benefiting the entire state by operating teaching hospitals which provide necessary medical education and training for physicians; this service is provided through residency programs offered by these teaching hospitals. By the provision of residency programs operated by state teaching hospitals, the state has recognized its responsibility to fund the cost of training physicians; and it is the purpose of this Code section to recognize that the state has a similar responsibility when the medical education and training are provided by teaching hospitals operated by hospital authorities or by designated teaching hospitals.   For each resident receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital, the Department of Community Health shall pay no more than $10,000.00 per annum to the hospital authority or designated teaching hospital. Such payments shall be made based upon certifications by the hospital authorities or designated teaching hospitals to the Department of Community Health. The Department of Community Health is authorized to designate the Georgia Board of Health Care Workforce to promulgate rules and regulations specifying procedures for making the certifications provided for in this Code section and to establish a procedure for making payments to hospital authorities and designated teaching hospitals as provided in this Code section.   The funds necessary to carry out this Code section shall derive from funds appropriated for such purpose to the Department of Community Health. In the event the funds appropriated by the General Assembly are insufficient to fund the full amount payable to hospital authorities or designated teaching hospitals under subsection (c) of this Code section, the amount otherwise payable thereunder shall be reduced pro rata in accordance with the funds actually appropriated for such purpose. The Department of Community Health shall have the authority to promulgate rules and regulations to carry out the provisions of this Code section. No additional teaching hospitals will be added until such funds have been made available for any additional teaching hospitals.   Nothing in this Code section shall be construed to amend, modify, supersede, or repeal Chapter 10 of Title 49.    (Code 1933, § 88-1825, enacted by Ga. L. 1980, p. 1040, § 1; Ga. L. 1984, p. 585, § 2; Ga. L. 1991, p. 94, § 31; Ga. L. 1998, p. 193, § 1; Ga. L. 2000, p. 1421, § 1; Ga. L. 2009, p. 453, § 1-29/HB 228; Ga. L. 2019, p. 224, § 2/SB 207.)    The 2019 amendment,  effective July 1, 2019, substituted "Georgia Board of Health Care Workforce" for "Georgia Board for Physician Workforce" in the third sentence of subsection (c).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1985, paragraphs (a)(.1), (a)(1), and (a)(2) were redesignated as paragraphs (a)(1), (a)(2), and (a)(3); a hyphen was deleted between "state" and "funded" in the present paragraph (a)(1); and "hospital" was substituted for "hospitals" in the last sentence of subsection (c).   Pursuant to Code Section 28-9-5, in 1998, the name of the Joint Advisory Board of Family Practice was changed to the Georgia Board for Physician Workforce in the second sentence sentence of subsection (c).   Administrative Rules and Regulations.   - Residency Capitation, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board for Physician Workforce, Chapter 195-2.   JUDICIAL DECISIONS    Cited in Wilson v. Board of Regents, 246 Ga. 649, 272 S.E.2d 496 (1980).