reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 3 - COUNTY BOARDS OF HEALTH (§§ 31-3-1 — 31-3-16) › Section 31-3-13 - Declaration of public policy; contracts for assistance to boards

No population area or unit of this state shall be without health services responsive to its needs. Because it is recognized that all counties are not equally able to effectuate this policy, a county board of health may contract for assistance in the performance of its functions and exercise of its powers, provided that such proposed contract and any amendments thereto shall have first been approved by the department.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 3 - COUNTY BOARDS OF HEALTH (§§ 31-3-1 — 31-3-16) › Section 31-3-14 - Financing of expenses

The county board of health, at a regular or called meeting, at a time appropriate to the fiscal operation of the county, shall determine and fix the amount of money needed for the fiscal or calendar year, as the case may be, in accordance with a budget itemizing anticipated income and expenditure; the budget shall include any unobligated moneys carried over from the current period and funds to be made available from sources other than county taxes. The expenditures anticipated, after applying credits, shall be certified by the county board of health, with a copy of the budget, to the taxing authority of the county, which may fix and levy a tax rate sufficient to raise such amount at the same time and in the same manner prescribed for levying taxes for other county purposes, provided the taxing authority of the county deems the budget reasonable. If, however, the taxing authority of the county should deem the budget unreasonable, it shall promptly return the budget to the county board of health with its objections attached thereto for the purpose of resubmission.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 3 - COUNTY BOARDS OF HEALTH (§§ 31-3-1 — 31-3-16) › Section 31-3-15 - Establishment of health districts

The department is authorized, with the consent of the boards of health and the county authorities of the counties involved, to establish health districts composed of one or more counties. To further the purposes of this Code section, county boards of health may contract with each other for the provision of multicounty services and also exercise any additional powers as authorized by paragraph (7) of subsection (a) of Code Section
31-3-4
; and in the performance of such contracts a county board of health may utilize its employees in other counties.
Amended by 2024 Ga. Laws 383,§ 4, eff. 7/1/2024.
Amended by 2012 Ga. Laws 630,§ 2-36, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 3 - COUNTY BOARDS OF HEALTH (§§ 31-3-1 — 31-3-16) › Section 31-3-16 - Enforcement under local ordinances

It is not the intent of this chapter to abrogate the terms of a municipal charter or laws of local application which authorize a governing body within the county to provide penalties for a violation of a valid rule and regulation of the county board of health.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 4 - [REPEALED] COUNCIL ON MATERNAL AND INFANT HEALTH (§ 31-4-1) › Section 31-4-1 - through 31-4-3 - [Reserved]

Reserved. Repealed by Ga. L. 2009, p. 453, § 2-15/HB 228, effective July 1, 2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5 - ADMINISTRATION AND ENFORCEMENT (§§ 31-5-1 — 31-5-24) › Article 1 - GENERAL PROVISIONS (§§ 31-5-1 — 31-5-10) › Section 31-5-1 - Adoption of rules and regulations

All rules and regulations of the Department of Public Health and any county board of health shall be adopted after due notice to and hearing by persons and parties affected thereby; and such rules and regulations shall be maintained in a book kept for that purpose, orderly arranged and indexed and subject to inspection by the public during regular business hours. The agency adopting such rules and regulations shall make copies thereof available for distribution to persons interested in or affected thereby. Such agencies are also authorized to provide for the mimeographing, printing, or other reproduction of their regulations and the distribution thereof. No rule or regulation shall become effective as law until 30 days after its adoption, except in cases of emergencies constituting an imminent threat to the public, in which event such rules or regulations shall become effective upon adoption; but, in all such cases, the agency adopting same shall as a part thereof state the conditions found by it to justify such immediate effectiveness. Where deemed desirable by the agency, hearing and notice as provided in Code Section
31-5-2
may be conducted by it prior to adoption of any rule or regulation.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5 - ADMINISTRATION AND ENFORCEMENT (§§ 31-5-1 — 31-5-24) › Article 1 - GENERAL PROVISIONS (§§ 31-5-1 — 31-5-10) › Section 31-5-2 - Hearings

Hearings shall be required for any and all quasi-judicial actions and in any other proceeding required by this title or the Constitution of Georgia. All such hearings shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Amended by 2009 Ga. Laws 102,§ 1-22, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5 - ADMINISTRATION AND ENFORCEMENT (§§ 31-5-1 — 31-5-24) › Article 1 - GENERAL PROVISIONS (§§ 31-5-1 — 31-5-10) › Section 31-5-4 - Testimony or production of evidence by compulsory process

The testimony of any witnesses or the production of any books, papers, records, documents, physical objects, or other evidence for inspection may be compelled by any superior court of competent jurisdiction on application of the department or any county board of health seeking such process.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5 - ADMINISTRATION AND ENFORCEMENT (§§ 31-5-1 — 31-5-24) › Article 1 - GENERAL PROVISIONS (§§ 31-5-1 — 31-5-10) › Section 31-5-5 - Classification of confidential and privileged materials

The department and county boards of health are authorized by regulation to classify as confidential and privileged documents, reports and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions, where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure or that such production and disclosure may be necessary in the interests of justice.
Amended by 2011 Ga. Laws 52,§; 42, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5 - ADMINISTRATION AND ENFORCEMENT (§§ 31-5-1 — 31-5-24) › Article 1 - GENERAL PROVISIONS (§§ 31-5-1 — 31-5-10) › Section 31-5-6 - Distribution of rules

The department and all county boards of health are directed to prescribe and make available for distribution the rules of practice and procedure to implement this chapter.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5 - ADMINISTRATION AND ENFORCEMENT (§§ 31-5-1 — 31-5-24) › Article 1 - GENERAL PROVISIONS (§§ 31-5-1 — 31-5-10) › Section 31-5-7 - Application of this chapter

This chapter shall apply to all other chapters of this title and all amendments hereafter enacted with respect thereto unless provided otherwise expressly or by necessary implication.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5 - ADMINISTRATION AND ENFORCEMENT (§§ 31-5-1 — 31-5-24) › Article 1 - GENERAL PROVISIONS (§§ 31-5-1 — 31-5-10) › Section 31-5-8 - Penalty for violations of the provisions of this title

Any person violating the provisions of this title shall be guilty of a misdemeanor, provided that this Code section shall not apply to violations of the provisions of Chapter 20, 22, or 24 of this title.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5 - ADMINISTRATION AND ENFORCEMENT (§§ 31-5-1 — 31-5-24) › Article 1 - GENERAL PROVISIONS (§§ 31-5-1 — 31-5-10) › Section 31-5-9 - Injunctions for enjoining violations of the provisions of this title; supersedeas; attachment for contempt; injunctions to abate public nuisances; where actions may be instituted

(a)
The Department of Public Health and all county boards of health and the Department of Community Health, as appropriate, are empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of this title as now existing or as may be hereafter amended or of any regulation or order duly issued by the department, any county board of health, or the Department of Community Health provided that this Code section shall not apply to violations of the provisions of Chapter 20 of this title. The department, the county boards of health, and the Department of Community Health, as appropriate, are also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department, any county board, or the Department of Community Health, as the case may be, in the county in which a violation of any provision of this title occurs. For purposes of this Code section, the county boards of health are declared to be legal entities capable of maintaining actions in their respective names without naming the individuals constituting such board, or acting on behalf of the department, as the case may be.
(b)
Notwithstanding the provisions of Code Section
5-6-13
, an appeal or a notice of intent to appeal an adjudication of contempt of court of a party subject to an interlocutory or final judgment in a court action for an injunction instituted under authority of this Code section for a violation of a licensing requirement of this title shall not operate as a supersedeas unless it is so ordered by the court; provided, however, that the court may grant a supersedeas in such a case after making a finding that the health, safety, or welfare of the recipients of the services will not be substantially harmed by the issuance of the stay.
(c)
Unless otherwise ordered by the court pursuant to subsection (b) of this Code section, an interlocutory or final judgment in an action granting an injunction under this Code section may be enforced by attachment for contempt.
Amended by 2011 Ga. Laws 244,§ 5-10, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5 - ADMINISTRATION AND ENFORCEMENT (§§ 31-5-1 — 31-5-24) › Article 1 - GENERAL PROVISIONS (§§ 31-5-1 — 31-5-10) › Section 31-5-10 - Notifying department or board of health of conditions on private property which are injurious to the public; inspection warrant; notice to owner and occupant; abatement

(a)
The provisions of this Code section shall apply only in those counties of this state having a population of 450,000 or more according to the United States decennial census of 1980 or any future such census.
(b)
Any person who knows or suspects that a condition exists on private property, which condition is injurious to the public health, safety, or comfort, shall immediately notify the Department of Public Health or the county board of health. Upon receiving such notice, the department or the county board of health shall be authorized to obtain an inspection warrant as provided in Code Section
31-5-21
. If the department or the county board of health determines that there exists a condition which is injurious to the public health, safety, or comfort, the department or county board of health shall, by registered or certified mail or statutory overnight delivery with return receipt requested, notify the occupants of the property and, if different from the occupant, the person, firm, or corporation which owns the property. Notice to the owner shall be sent to the address shown on the county or municipal property tax records.
(c)
If the department or the county board of health brings an action for injunction to abate a public nuisance which is injurious to the public health, safety, or comfort, process shall be served on the occupants of the property and on any person, firm, or corporation having any interest in the property according to the county property records. Service shall be made in accordance with Code Section
9-11-4
; and, if any person, firm, or corporation to be served resides outside the state, has departed the state, cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, the judge or clerk may make an order that the service be made by publication of summons as provided in Code Section
9-11-4
.
(d)
In addition to any form of relief ordered by the court, the superior court may, as a part of its order, authorize the department or the county board of health to take appropriate action to abate such public nuisance. Any cost incurred by the department or the county board of health to abate such nuisance shall constitute a lien against the property, and such lien shall have the same status and priority as a lien for taxes.
Amended by 2015 Ga. Laws 86,§ 1-10, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5 - ADMINISTRATION AND ENFORCEMENT (§§ 31-5-1 — 31-5-24) › Article 2 - INSPECTION WARRANTS (§§ 31-5-20 — 31-5-24) › Section 31-5-20 - "Inspection warrant" defined

As used in this article, the term "inspection warrant" means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection, or regulation by the Department of Public Health or a local agency thereof.
Amended by 2015 Ga. Laws 86,§ 1-11, eff. 7/1/2015.
Amended by 2011 Ga. Laws 244,§ 5-11, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5 - ADMINISTRATION AND ENFORCEMENT (§§ 31-5-1 — 31-5-24) › Article 2 - INSPECTION WARRANTS (§§ 31-5-20 — 31-5-24) › Section 31-5-21 - Persons who may obtain inspection warrants; authorization of searches and inspections of property

The commissioner of public health or his or her delegate or the director of any county board of health, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner of public health or the director of any county board of health, or the agents of any, or the Department of Agriculture, as appropriate, to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title or any provision of law which authorizes licensure, inspection, or regulation by the Department of Public Health or a local agency thereof.
Amended by 2015 Ga. Laws 86,§ 1-12, eff. 7/1/2015.
Amended by 2011 Ga. Laws 244,§ 5-12, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5 - ADMINISTRATION AND ENFORCEMENT (§§ 31-5-1 — 31-5-24) › Article 2 - INSPECTION WARRANTS (§§ 31-5-20 — 31-5-24) › Section 31-5-22 - Issuance; grounds

(a)
Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected.
(b)
The issuing judge shall issue the warrant when he is satisfied that the following conditions are met:
(1)
The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and
(2)
The issuing judge determines that the issuance of the warrant is authorized by this chapter.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5 - ADMINISTRATION AND ENFORCEMENT (§§ 31-5-1 — 31-5-24) › Article 2 - INSPECTION WARRANTS (§§ 31-5-20 — 31-5-24) › Section 31-5-23 - Contents

The inspection warrant shall be validly issued only if it meets the following requirements:
(1)
The warrant is attached to the affidavit required to be made in order to obtain the warrant;
(2)
The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection;
(3)
The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and
(4)
The warrant refers, in general terms, to the statutory or regulatory provisions sought to be enforced.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5 - ADMINISTRATION AND ENFORCEMENT (§§ 31-5-1 — 31-5-24) › Article 2 - INSPECTION WARRANTS (§§ 31-5-20 — 31-5-24) › Section 31-5-24 - [Repealed] Exclusion of evidence obtained

Repealed by 2015 Ga. Laws 86,§ 1-13, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 5A - [REPEALED] DEPARTMENT OF COMMUNITY HEALTH (§ 31-5A-1) › Section 31-5A-1 - through 31-5A-8 - [Repealed]

Repealed and renumbered by 2009 Ga. Laws 102,§ 1-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 6 - STATE HEALTH PLANNING AND DEVELOPMENT (§§ 31-6-1 — 31-6-90) › Article 1 - GENERAL PROVISIONS (§§ 31-6-1 — 31-6-3) › Section 31-6-1 - Declaration of policy

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 health care services found to be in the public interest shall be provided in this state. To achieve such public policy and purposes, it is essential that appropriate health planning activities be undertaken and implemented and that a system of mandatory review of new institutional health services be provided. Health care services and facilities should be provided in a manner that avoids unnecessary duplication of services, that is cost effective, that provides quality health care services, and that is compatible with the health care needs of the various areas and populations of the state.
Amended by 2008 Ga. Laws 392,§ 1-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 6 - STATE HEALTH PLANNING AND DEVELOPMENT (§§ 31-6-1 — 31-6-90) › Article 1 - GENERAL PROVISIONS (§§ 31-6-1 — 31-6-3) › Section 31-6-3 - "Medical use rights" defined; limitations

(a)
As used in this Code section, the term "medical use rights" means rights or interests in real property in which the owner of the property has agreed not to sell or lease such real property for identified medical uses or purposes.
(b)
It shall be unlawful for any health care facility to purchase, renew, extend, lease, maintain, or hold medical use rights.
(c)
This Code section shall not be construed to impair any contracts in existence as of July 1, 2019.
Added by 2019 Ga. Laws 41,§ 1-2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 6 - STATE HEALTH PLANNING AND DEVELOPMENT (§§ 31-6-1 — 31-6-90) › Article 2 - ORGANIZATION (§§ 31-6-20 — 31-6-22) › Section 31-6-20 - [Repealed] Health Strategies Council generally

Repealed and reserved by 2012 Ga. Laws 749,§ 1, eff. 7/1/2012.
Amended by 2009 Ga. Laws 8,§ 31, eff. 4/14/2009.
Amended by 2008 Ga. Laws 392,§ 1-1, eff. 7/1/2008.
Amended by 2007 Ga. Laws 60,§ 2B, eff. 7/1/2007.
Amended by 2005 Ga. Laws 333,§ 24, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 6 - STATE HEALTH PLANNING AND DEVELOPMENT (§§ 31-6-1 — 31-6-90) › Article 2 - ORGANIZATION (§§ 31-6-20 — 31-6-22) › Section 31-6-22 - Commissioner of department

Repealed by § Ga. L. 2008, p. 12, 1-1/SB 433, effective July 1, 2008.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 6 - STATE HEALTH PLANNING AND DEVELOPMENT (§§ 31-6-1 — 31-6-90) › Article 3 - CERTIFICATE OF NEED PROGRAM (§§ 31-6-40 — 31-6-51) › Section 31-6-40.3 - Conversion of destination cancer hospital to general cancer hospital; procedure; requirements

(a)
On and after July 1, 2019, a destination cancer hospital may apply for a certificate of need to convert to a general cancer hospital in accordance with this Code section. A destination cancer hospital that elects to convert to a general cancer hospital shall notify the department in a form and manner established by the department.
(b)
The department shall establish a form and process for a destination cancer hospital to submit a certificate of need application to convert to a general cancer hospital; provided, however, that such a conversion shall not be subject to any of the considerations in Code Section
31-6-42
or service specific rules and shall not be subject to opposition or appeal by any other health care facilities. The department shall develop such form and guidance required by this subsection within 30 days of July 1, 2019. Upon its receipt of a complete application for a destination cancer hospital to convert to a general cancer hospital, the department shall issue such certificate of need within 60 days.
(c)
Upon the conversion of a destination cancer hospital to a general cancer hospital:
(1)
The general cancer hospital may continue to provide all institutional health care services and other services it provided as of the date of such conversion, including but not limited to inpatient beds, outpatient services, surgery, radiation therapy, imaging, and positron emission tomography (PET) scanning, without any further approval from the department;
(2)
The destination cancer hospital shall be classified as a general cancer hospital under this chapter and shall be subject to all requirements and conditions applicable to hospitals under this article, including but not limited to, indigent and charity care and inventories and methodologies to determine need for additional providers or services; and
(3)
The hospital's inpatient beds, operating rooms, radiation therapy equipment, and imaging equipment existing on the date of conversion shall not be counted in the inventory by the department for purposes of determining need for additional providers or services, except that any inpatient beds, operating rooms, radiation therapy equipment, and imaging equipment added after the date of conversion shall be counted in accordance with the department's rules and regulations.
(d)
In the event that a destination cancer hospital does not convert to a general cancer hospital, it shall remain subject to all requirements and conditions applicable to destination cancer hospitals under this article.
Added by 2019 Ga. Laws 41,§ 1-6, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 6 - STATE HEALTH PLANNING AND DEVELOPMENT (§§ 31-6-1 — 31-6-90) › Article 3 - CERTIFICATE OF NEED PROGRAM (§§ 31-6-40 — 31-6-51) › Section 31-6-41 - Scope and term of validity of certificate

(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 owned by an existing health care facility is transferred to a person who acquires such existing facility. In such case, the certificate of need shall be valid for the person who acquires such a facility and for the scope, location, cost, and service area approved by the department. However, in reviewing an application to relocate all or a portion of an existing skilled nursing facility, intermediate care facility, or intermingled nursing facility, the department may allow such facility to divide into two or more such facilities if the department determines that the proposed division is financially feasible and would be consistent with quality patient care.
(b)
A certificate of need shall be valid and effective for a period of 12 months after it is issued, or such greater period of time as may be specified by the department at the time the certificate of need is issued. Within the effective period after the grant of a certificate of need, the applicant of a proposed project shall fulfill reasonable performance and scheduling requirements specified by the department, by rule, to assure reasonable progress toward timely completion of a project.
(c)
By rule, the department may provide for extension of the effective period of a certificate of need when an applicant, by petition, makes a good faith showing that the conditions to be specified according to subsection (b) of this Code section will be performed within the extended period and that the reasons for the extension are beyond the control of the applicant.
Amended by 2009 Ga. Laws 8,§ 31, eff. 4/14/2009.
Amended by 2008 Ga. Laws 392,§ 1-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 6 - STATE HEALTH PLANNING AND DEVELOPMENT (§§ 31-6-1 — 31-6-90) › Article 3 - CERTIFICATE OF NEED PROGRAM (§§ 31-6-40 — 31-6-51) › Section 31-6-42.1 - Payment of obligations prior to granting or modifying a certificate of need

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, penalties, fees, or other payments for noncompliance with any requirements contained in Code Section
31-6-40.1
,
31-6-45.2
,
31-6-70
,
31-7-280
, or
31-8-179.2
shall be eligible to receive a new certificate of need or a modification to an existing certificate of need unless such applicant pays such outstanding amounts to the state. Any such fines, penalties, fees, or other payments for noncompliance shall be subject to the same notices and hearing for the levy of fines under Code Section
31-6-45
.
Added by 2019 Ga. Laws 41,§ 1-7, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 6 - STATE HEALTH PLANNING AND DEVELOPMENT (§§ 31-6-1 — 31-6-90) › Article 3 - CERTIFICATE OF NEED PROGRAM (§§ 31-6-40 — 31-6-51) › Section 31-6-45.1 - Automatic revocation of certificate of need or authority

(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's permit to operate pursuant to Code Section
31-7-4
is finally revoked by order of the department. For purposes of this subsection, the date of such final revocation shall be as follows:
(1)
When there is no appeal of the order pursuant to Chapter 5 of this title, the one hundred and eightieth day after the date upon which expires the time for appealing the revocation order without such an appeal being filed; or
(2)
When there is an appeal of the order pursuant to Chapter 5 of this title, the date upon which expires the time to appeal the last administrative or judicial order affirming or approving the revocation or revocation order without such appeal being filed.
(b)
The services which had been authorized to be offered by a health care facility for which a certificate of need has been revoked pursuant to subsection (a) of this Code section may continue to be offered in the service area in which that facility was located under such conditions as specified by the department notwithstanding that some or all of such services could not otherwise be offered as new institutional health services.
Amended by 2008 Ga. Laws 392,§ 1-1, eff. 7/1/2008.
Amended by 2001 Ga. Laws 2, § 31, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 6 - STATE HEALTH PLANNING AND DEVELOPMENT (§§ 31-6-1 — 31-6-90) › Article 3 - CERTIFICATE OF NEED PROGRAM (§§ 31-6-40 — 31-6-51) › Section 31-6-46 - Annual report by department

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 month period, not later than 30 days prior to each convening of the General Assembly in regular session. Either committee may request any additional reports or information, including decisions, from the department at any time, including a period in which the General Assembly is not in regular session. The annual report shall include information and updates relating to the state health plan and the certificate of need program and an annual analysis of proactive and prospective approaches to need methodologies and access to health care services. The annual report shall include information for Georgia's congressional delegation which highlights issues regarding federal laws and regulations influencing Medicaid and medicare, insurance and related tax laws, and long-term health care.
Amended by 2008 Ga. Laws 392,§ 1-1, eff. 7/1/2008.
Added by 2005 Ga. Laws 13,§ 2, eff. 4/7/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 6 - STATE HEALTH PLANNING AND DEVELOPMENT (§§ 31-6-1 — 31-6-90) › Article 3 - CERTIFICATE OF NEED PROGRAM (§§ 31-6-40 — 31-6-51) › Section 31-6-48 - Prior entities abolished; transfer of contractual obligations

The State Health Planning and Development Agency, the State-wide Health Coordinating Council, and the State Health Planning Review Board existing immediately prior to July 1, 1983, are abolished, and their respective successors on and after July 1, 1983, shall be the Health Planning Agency, the Health Policy Council, and the Health Planning Review Board, as established in this chapter, except that on and after July 1, 1991, the Health Strategies Council shall be the successor to the Health Policy Council, and except that on and after July 1, 1999, the Department of Community Health shall be the successor to the Health Planning Agency, and except that on and after July 1, 2008, the Board of Community Health shall be the successor to the duties of the Health Strategies Council with respect to adoption of the state health plan, and except that on June 30, 2008, the Health Planning Review Board is abolished and the terms of all members on such board on such date shall automatically terminate and the Certificate of Need Appeal Panel shall be the successor to the duties of the Health Planning Review Board on such date. For purposes of any existing contract with the federal government, or federal law referring to such abolished agency, council, or board, the successor department, council, or board established in this chapter or in Chapter 2 of this title shall be deemed to be the abolished agency, council, or board and shall succeed to the abolished agency's, council's, or board's functions. The State Health Planning and Development Commission is abolished.
Amended by 2009 Ga. Laws 102,§ 1-25, eff. 7/1/2009.
Amended by 2008 Ga. Laws 392,§ 1-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 6 - STATE HEALTH PLANNING AND DEVELOPMENT (§§ 31-6-1 — 31-6-90) › Article 3 - CERTIFICATE OF NEED PROGRAM (§§ 31-6-40 — 31-6-51) › Section 31-6-49 - Transitional provisions

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 Review Board that are pending on June 30, 2008, shall automatically be transferred to the Certificate of Need Appeal Panel established pursuant to Code Section
31-6-44
.
Amended by 2008 Ga. Laws 392,§ 1-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 6 - STATE HEALTH PLANNING AND DEVELOPMENT (§§ 31-6-1 — 31-6-90) › Article 3 - CERTIFICATE OF NEED PROGRAM (§§ 31-6-40 — 31-6-51) › Section 31-6-50 - Application of review procedures to expenditures under Section 1122 of the federal Social Security Act

The review and appeal considerations and procedures set forth in Code Sections
31-6-42
through
31-6-44
, respectively, shall apply to and govern the review of capital expenditures under the Section 1122 program of the federal Social Security Act of 1935, as amended, including, but not limited to, any application for approval under Section 1122 which is under consideration by the Health Planning Agency or on appeal before the Certificate of Need Appeal Panel, successor to the former Health Planning Review Board as of June 30, 2008.
Amended by 2008 Ga. Laws 392,§ 1-1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 6 - STATE HEALTH PLANNING AND DEVELOPMENT (§§ 31-6-1 — 31-6-90) › Article 3 - CERTIFICATE OF NEED PROGRAM (§§ 31-6-40 — 31-6-51) › Section 31-6-51 - [Repealed Effective 12/31/2024] [Recommendations relating Certificate of Need Program]

(a)
The department, in conjunction with the Office of Legislative Counsel, shall review the statutory framework and provisions of this chapter and the certificate of need program generally and shall make recommendations relating to rewriting, reorganizing, and clarifying the provisions of this chapter. Such review shall also include recommendations to streamline the statutory procedures required to obtain a certificate of need or a letter of determination.
(b)
The department may consult with and obtain input from certificate of need applicants, certificate of need holders, local government representatives, citizens, or other interested parties in conducting such review.
(c)
The department shall submit its recommendations to the General Assembly, which may include proposed legislation, no later than December 1, 2024.
(d)
This Code section shall stand repealed on December 31, 2024.
Added by 2024 Ga. Laws 384,§ 9, eff. 4/19/2024.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 6 - STATE HEALTH PLANNING AND DEVELOPMENT (§§ 31-6-1 — 31-6-90) › Article 5 - STATE COMMISSION ON THE EFFICACY OF THE CERTIFICATE OF NEED PROGRAM (§ 31-6-90) › Section 31-6-90 - through 31-6-95 - [Repealed]

Repealed pursuant to Code Section
31-6-95
, which provided for the repeal of this article on June 30, 2007.
Repealed pursuant to Code Section 31-6-95, which provided for the repeal of this article on June 30, 2007.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-2 - Classification of institutions

The department shall classify institutions and adopt and promulgate rules and regulations applicable thereto according to the type of services rendered.
Amended by 2008 Ga. Laws 392,§ 2-9, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-2.1 - Rules and regulations; availability of reports of cited deficiencies; disclosure of survey worksheets and documents

(a)
The department shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building, equipment, facilities, and institutional services which institutions shall have and use in order to properly care for their patients. Such rules and regulations shall include detailed quality standards for specific clinical services which shall be required to be met by an institution prior to offering the particular service. Such rules and regulations shall require that all nursing homes annually offer unless contraindicated, contingent on availability, an influenza virus vaccine to all medicare and Medicaid-eligible patients and private-pay patients in their facilities, in accordance with the rules and regulations established pursuant to this subsection. Such rules and regulations shall also require that all nursing homes annually offer unless contraindicated, contingent on availability, a pneumococcal bacteria vaccine to all medicare-eligible patients and all private-pay patients, 65 years of age or older, in their facilities, in accordance with the rules and regulations established pursuant to this subsection.
(b)
The department shall compile and distribute, upon request, to interested persons a monthly list of those nursing homes and intermediate care homes surveyed, inspected, or investigated during the month, indicating each facility for which deficiencies have been cited by the department, and indicating where reports of the cited deficiencies and information regarding any sanctions imposed can be obtained. The department shall also make available the survey reports upon written request.
(c)
Except as provided in Code Sections
31-8-86
and
31-5-5
, all worksheets or documents prepared or compiled by department surveyors in the course of nursing home surveys shall be provided upon written request to a nursing home which has received notice of intent to impose a remedy or sanction pursuant to
42 U.S.C. Section 1396r
or Code Section
31-2-8
; provided, however, that the names of residents and any other information that would reveal the identities of residents and the content of resident interviews shall not be disclosed except as provided in survey protocols of the federal Centers for Medicare and Medicaid Services. The department may charge a reasonable reproduction fee as provided in Article 4 of Chapter 18 of Title 50.
Amended by 2011 Ga. Laws 244,§ 4-7, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-9, eff. 7/1/2009.
Amended by 2004 Ga. Laws 507, § 1, eff. 7/1/2004.
Amended by 2002 Ga. Laws 462, § 31. eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-3.1 - Posting sign by hospital operating emergency room notifying individuals of legal rights in emergencies

As a condition of obtaining or retaining the permit required by Code Section
31-7-3
to operate such institution, any hospital which operates an emergency room shall post conspicuously therein a sign notifying the public of the rights of individuals under federal or state law with respect to examination and treatment for emergency medical conditions and women in active labor.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-3.4 - Carrying of liability insurance or establishment of self-insurance trust as condition precedent to obtaining or maintaining permit

(a)
As used in this Code section, the term "nursing home claim" means a claim alleging direct or vicarious liability for the personal injury or death of one or more residents of a nursing home or intermediate care home or a violation of residents' rights at such home under Article 5 of Chapter 8 of this title.
(b)
(1)
As a condition precedent to obtaining or maintaining a permit under this article to operate a nursing home or intermediate care home, a licensee shall carry or be covered by liability insurance coverages or establish or have established for its benefit a self-insurance trust for a nursing home claim.
(2)
If a licensee fails to carry or be covered by liability insurance coverages or establish or have established for its benefit a self-insurance trust for a nursing home claim, the department shall provide notice to such licensee of its noncompliance and allow such licensee 60 days in which to comply. A licensee's failure to maintain such coverage or establish such trust shall result in the department:
(A)
Revoking such licensee's permit issued pursuant to this article to operate the nursing home or intermediate care home;
(B)
Denying any application to renew such permit; and
(C)
Denying any application for a change of ownership of the nursing home or intermediate care home.
Added by 2016 Ga. Laws 476,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-3.5 - Treatment of minors for gender dysphoria; penalty for violations

(a)
Except as provided in subsection (b) of this Code section, none of the following irreversible procedures or therapies shall be performed on a minor for the treatment of gender dysphoria in an institution licensed pursuant to this article:
(1)
Sex reassignment surgeries, or any other surgical procedures, that are performed for the purpose of altering primary or secondary sexual characteristics; or
(2)
Hormone replacement therapies.
(b)
The provisions of subsection (a) of this Code section shall not apply to treatment provided pursuant to an exception contained in subsection (b) of Code Section
43-34-15
.
(c)
The department shall establish sanctions, by rule and regulation, for violations of this Code section up to and including the revocation of an institution's permit issued pursuant to Code Section
31-7-3
.
Added by 2023 Ga. Laws 4,§ 2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-4 - Denial or revocation of permits

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 institution violates any of such rules and regulations, and may revoke a portion of a permit which has been issued as it relates to a specific clinical service if the quality standards established by the department pursuant to Code Section
31-7-2.1
for such clinical service are not met; provided, however, that before any order is entered refusing a permit applied for or revoking a permit previously granted, the applicant or permit holder, as the case may be, shall be afforded an opportunity for a hearing as provided for in Article 1 of Chapter 5 of this title. All appeals from such orders and all rights of enforcement by injunction shall be governed by Article 1 of Chapter 5 of this title.
Amended by 2008 Ga. Laws 392,§ 2-11, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-5 - Exemptions from permit requirements; application of this chapter to federally operated institutions

Code Section
31-7-3
shall not apply to the offices of physicians or others practicing the healing arts unless the facilities and services described in paragraph (4) of Code Section
31-7-1
are provided therein; nor shall this chapter apply to institutions operated exclusively by the federal government or by any of its agencies.
Amended by 2008 Ga. Laws 392,§ 2-12, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-6 - Provision of data for research purposes by organizations rendering patient care; liability of providers of data; use of data; confidentiality

(a)
Any hospital, health care facility, medical or skilled nursing home, or other organization rendering patient care may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to research groups approved by the medical staff of the institution involved, to governmental health agencies, medical associations and societies, or to any in-hospital medical staff committee, to be used in the course of any study for the purpose of reducing rates of morbidity or mortality; and no liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization by reason of having provided such information or material, or by reason of having released or published the findings and conclusions of such groups to advance medical research or medical education or to achieve the most effective use of health manpower and facilities, or by reason of having released or published generally a summary of such studies.
(b)
The research groups approved by the medical staff of the institution involved, governmental health agencies, medical associations and societies, or any in-hospital medical staff committee shall use or publish material described in subsection (a) of this Code section only for the purpose of advancing medical research or medical education, or to achieve the most effective use of health manpower and facilities, in the interest of reducing rates of morbidity or mortality, except that a summary of such studies may be released by any such group for general publication.
(c)
In all events the identity of any person whose condition or treatment has been studied pursuant to this Code section shall be confidential and shall not be revealed under any circumstances.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 1 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS (§§ 31-7-1 — 31-7-23.1) › Section 31-7-7.1 - Denial of staff privileges based upon license, board certification, or membership in professional association

Notwithstanding the provisions of Code Section
31-7-7
, if a hospital offers or provides a service which is within the scope of practice of a person licensed as a doctor of podiatric medicine, doctor of osteopathic medicine, or doctor of dentistry, that hospital may not deny to any such licensee staff privileges at such hospital based solely upon that person's license, board certification, or specialty membership in a professional association.