Chapter

REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES

O.C.G.A. § 31-7-1— Definitions
O.C.G.A. § 31-7-2— Classification of institutions
O.C.G.A. § 31-7-2.1— Failure or refusal to file an application for a permit shall constitute a violation of this chapter and shall be dealt with as provided for in Article 1 of Chapter 5 of this title
O.C.G.A. § 31-7-2.2— Determination that patients or residents in an institution, community living arrangement, or treatment program are in danger; relocation of patients or residents; suspension of admissions
O.C.G.A. § 31-7-3.1— Posting sign by hospital operating emergency room notifying individuals of legal rights in emergencies
O.C.G.A. § 31-7-3.2— Notice of cited deficiency and imposition of sanction
O.C.G.A. § 31-7-3.3— “Excluded party” defined; liability; notice; dismissal; other procedural factors
O.C.G.A. § 31-7-3.4— Carrying of liability insurance or establishment of self-insurance trust as condition precedent to obtaining or maintaining permit
O.C.G.A. § 31-7-4— Denial or revocation of permits
O.C.G.A. § 31-7-5— Exemptions from permit requirements; application of this chapter to federally operated institutions
O.C.G.A. § 31-7-6— Provision of data for research purposes by organizations rendering patient care; liability of providers of data; use of data; confidentiality
O.C.G.A. § 31-7-7— Refusal or revocation by public hospital of staff privileges
O.C.G.A. § 31-7-7.1— Denial of staff privileges based upon license, board certification, or membership in professional associa- tion
O.C.G.A. § 31-7-8— Reports of disciplinary actions against persons authorized to practice professions under Chapter 11, 34, or 35 of Title 43
O.C.G.A. § 31-7-9— Reports by physicians and other personnel of nonaccidental injuries to patients; immunity from liability
O.C.G.A. § 31-7-10— Certification and approval of hospitals eligible to render service under a group nonprofit hospital insurance plan; supervision of such hospitals; withdrawal of approval
O.C.G.A. § 31-7-11— Written summary of hospital service charge rates
O.C.G.A. § 31-7-12— “Personal care home” and “personal services” defined; licensure and registration; inspection by local boards; fees; investigations; waiver, variance, or exemption
O.C.G.A. § 31-7-12.1— Unlicensed personal care home; civil penalties; negligence per se for certain legal claims; declared nuisance dangerous to public health, safety, and welfare; criminal sanctions
O.C.G.A. § 31-7-12.2— Regulation and licensing of assisted living communities; legislative intent; definitions; procedures; requirements for medication aides
O.C.G.A. § 31-7-12.3— (Effective October 1, 2019
O.C.G.A. § 31-7-13— Transfer of property upon death of patient
O.C.G.A. § 31-7-14— Blood supplies; blood donor storage programs
O.C.G.A. § 31-7-15— Review of professional practices by a peer review committee
O.C.G.A. § 31-7-16— Determination or pronouncement of death of patient who died in facility classified as nursing home
O.C.G.A. § 31-7-17— Licensure and regulation of hospitals and related institutions transferred to Department of Community Health
O.C.G.A. § 31-7-18— Influenza vaccinations for discharged patients aged 65 and older; vaccinations or other measures for health care workers and other employees in hospitals; immunity from liability; standing orders
O.C.G.A. § 31-7-19— Nursing homes to annually offer influenza vaccinations to health care workers and other employees; immunity from liability
O.C.G.A. § 31-7-20— Medical facilities to make good faith application to southern regional TRICARE managed care support coordinator for certification in the TRICARE program
O.C.G.A. § 31-7-21— Provision of influenza education information to assisted living community residents
O.C.G.A. § 31-7-22— Required publication by hospital of certain documen- tation on website; updating; penalty for noncompliance; enforcement; individual criminal penalty
O.C.G.A. § 31-7-50— Authorization of grants-in-aid
O.C.G.A. § 31-7-51— Definitions
O.C.G.A. § 31-7-52— Amounts of grants for construction and modernization
O.C.G.A. § 31-7-53— Matching formula; priority system; use of earnings; approval of federal grant
O.C.G.A. § 31-7-54— Manner of expenditure of construction funds
O.C.G.A. § 31-7-55— Administration of state funds
O.C.G.A. § 31-7-56— Adherence to federal law and regulations
O.C.G.A. § 31-7-57— Procedure for grants to sponsors of construction projects; injunction of operation by transferee in violation of article
O.C.G.A. § 31-7-70— Short title
O.C.G.A. § 31-7-71— Definitions
O.C.G.A. § 31-7-72— A copy of such resolution shall be filed with the department
O.C.G.A. § 31-7-72.1— Merger of hospital authorities
O.C.G.A. § 31-7-74— Residency requirement; officers; compensation; rules and regulations
O.C.G.A. § 31-7-74.1— Definitions; disclosures required; prohibited transactions; exceptions; sanctioning; sanctioning of members violating prohibition; authorization of authority to make stricter rules; preemption of other laws; applicability
O.C.G.A. § 31-7-74.2— Oath to be taken by members of hospital authority
O.C.G.A. § 31-7-74.3— Sale or lease by hospital authority; hearing required; factors to be considered at hearing; applicability; requirements for lease
O.C.G.A. § 31-7-74.4— Board members deemed directors upon sale or lease of hospital
O.C.G.A. § 31-7-75— Functions and powers
O.C.G.A. § 31-7-75.1— Proceeds of sale of hospital held in trust to fund indigent health care
O.C.G.A. § 31-7-75.2— Exemption from disclosure for potentially commercially valuable plan, proposal, or strategy
O.C.G.A. § 31-7-76— Procedure in event of failure of authority to perform minimum functions; determination of removal from office; appointments to fill vacancies created by removal
O.C.G.A. § 31-7-77— Prohibition on for-profit projects; rates and charges; utilization of revenues to pay certain obligations
O.C.G.A. § 31-7-78— Issuance and sale of negotiable revenue anticipation certificates
O.C.G.A. § 31-7-79— Liability on revenue certificates; tax exemption
O.C.G.A. § 31-7-80— Form and contents of revenue certificates; validity of signatures thereon
O.C.G.A. § 31-7-81— Confirmation and validation of revenue certificates
O.C.G.A. § 31-7-82— Enforcement of rights of revenue certificate holders; procedure in event of default
O.C.G.A. § 31-7-83— Investment of surplus moneys and moneys received through issuance of revenue certificates
O.C.G.A. § 31-7-84— Payment for authority’s services and facilities; levy of tax by political subdivisions; compliance by authority with county budgetary procedures
O.C.G.A. § 31-7-85— Contracts with political subdivisions
O.C.G.A. § 31-7-86— Manner of operating property conveyed or leased to authority
O.C.G.A. § 31-7-87— Hypothecation or mortgaging of purchased hospital facilities
O.C.G.A. § 31-7-88— Payment of general obligations
O.C.G.A. § 31-7-89— Procedure for dissolution; disposition of property
O.C.G.A. § 31-7-89.1— “Control” defined; sale or lease by hospital authority subject to requirements of Article 15 of this chapter
O.C.G.A. § 31-7-90— Annual report; budget
O.C.G.A. § 31-7-90.1— Community benefit report; report disclosing member ownership in entities transacting business with authority
O.C.G.A. § 31-7-91— Required annual audit
O.C.G.A. § 31-7-92— Filing of audits
O.C.G.A. § 31-7-93— Failure to provide for audit
O.C.G.A. § 31-7-94— Grants to hospital authorities and rural hospital organizations
O.C.G.A. § 31-7-94.1— Rural Hospital Organization Assistance Act; legislative findings; certification of rural hospitals for grant eligibility; rules and regulations
O.C.G.A. § 31-7-95— Funding of medical education provided by hospital authorities and designated teaching hospitals
O.C.G.A. § 31-7-96— Construction of article
O.C.G.A. § 31-7-110— Short title
O.C.G.A. § 31-7-111— Findings; declaration of policy
O.C.G.A. § 31-7-112— Definitions
O.C.G.A. § 31-7-113— Creation of Residential Care Facilities for the Elderly Authority in each county and municipality; board of directors
O.C.G.A. § 31-7-114— Powers of authorities
O.C.G.A. § 31-7-115— Lease or sale of projects
O.C.G.A. § 31-7-116— Provisions contained in obligations and security for obligations; procedures for issuance of bonds and bond anticipation notes; interest rates; limitations and conditions
O.C.G.A. § 31-7-117— Liability for bonds or other obligations
O.C.G.A. § 31-7-118— Exemption from taxation
O.C.G.A. § 31-7-119— Holding moneys as trust funds; pledges for payment of bonds
O.C.G.A. § 31-7-120— Construction of article
O.C.G.A. § 31-7-130— Legislative intent
O.C.G.A. § 31-7-131— Definitions
O.C.G.A. § 31-7-132— Immunity from liability for peer review activities; immunity from liability of persons providing informa- tion
O.C.G.A. § 31-7-133— Confidentiality of review organization’s records
O.C.G.A. § 31-7-140— “Medical review committee” defined
O.C.G.A. § 31-7-141— Committee members immune from liability
O.C.G.A. § 31-7-142— Liability of those providing health care facilities or services
O.C.G.A. § 31-7-143— Committee proceedings and records immune from discovery or use as evidence in civil actions
O.C.G.A. § 31-7-150— Definitions
O.C.G.A. § 31-7-151— License required; license may not be transferred but may be suspended or revoked
O.C.G.A. § 31-7-152— Application for license
O.C.G.A. § 31-7-153— Standards for patient care and agency operation; regulations as to issuance, denial, suspension, or revocation of licenses; hearings
O.C.G.A. § 31-7-154— Inspections
O.C.G.A. § 31-7-155— Certificates of need for new service or extending service area; exemption from certificate
O.C.G.A. § 31-7-156— Fee system for services under this article
O.C.G.A. § 31-7-157— Exemptions from article
O.C.G.A. § 31-7-158— Penalties for unlicensed operation
O.C.G.A. § 31-7-159— Licensure and regulation of home health agencies transferred to Department of Community Health
O.C.G.A. § 31-7-160— Definitions
O.C.G.A. § 31-7-161— Appointment to staff of medical facility or institution
O.C.G.A. § 31-7-162— Training and experience requirements
O.C.G.A. § 31-7-163— Status of present psychologist staff members
O.C.G.A. § 31-7-164— Limitation or revocation of staff privileges
O.C.G.A. § 31-7-165— Report of denial of staff privileges
O.C.G.A. § 31-7-170— Short title
O.C.G.A. § 31-7-171— Legislative findings and purpose
O.C.G.A. § 31-7-172— Definitions
O.C.G.A. § 31-7-173— License required
O.C.G.A. § 31-7-174— Application for license
O.C.G.A. § 31-7-175— Administration of article
O.C.G.A. § 31-7-176— Responsibilities of provider of hospice care
O.C.G.A. § 31-7-176.1— Determination or pronouncement of death
O.C.G.A. § 31-7-177— Inpatient beds
O.C.G.A. § 31-7-178— Inspection
O.C.G.A. § 31-7-179— Certificate of need not required
O.C.G.A. § 31-7-190— Legislative intent
O.C.G.A. § 31-7-191— Definitions
O.C.G.A. § 31-7-192— Georgia Palliative Care and Quality of Life Advisory Council
O.C.G.A. § 31-7-193— Palliative Care Consumer and Professional Information and Education Program
O.C.G.A. § 31-7-250— (Repealed effective October 1, 2019) Definitions
O.C.G.A. § 31-7-251— (Repealed effective October 1, 2019) New facility licensing; facility directors
O.C.G.A. § 31-7-252— (Repealed effective October 1, 2019) Director records check applications and employee preliminary records check applications; satisfactory alternative evidence; contracts for records check determinations
O.C.G.A. § 31-7-253— (Repealed effective October 1, 2019) Written notification as to department’s preliminary records check determinations; effect of unsatisfactory determinations; issuance of temporary licenses
O.C.G.A. § 31-7-254— (Repealed effective October 1, 2019) Transmission of director’s fingerprints to Georgia Crime Information Center for review; notification to department of findings; retention of fingerprints
O.C.G.A. § 31-7-255— (Repealed effective October 1, 2019) Issuance of regular licenses
O.C.G.A. § 31-7-258— (Repealed effective October 1, 2019) Change of facility director; notification to department; effect of department determination
O.C.G.A. § 31-7-259— (Repealed effective October 1, 2019) Preliminary re-
O.C.G.A. § 31-7-260— (Repealed effective October 1, 2019) Cooperation of Georgia Crime Information Center and law enforcement agencies with department; liability for misuse or attempted misuse of information
O.C.G.A. § 31-7-261— (Repealed effective October 1, 2019) Liability for claims in connection with dissemination of information or determination based thereon
O.C.G.A. § 31-7-262— (Repealed effective October 1, 2019) Supplemental nature of requirements of this article
O.C.G.A. § 31-7-263— (Repealed effective October 1, 2019) Contested cases
O.C.G.A. § 31-7-264— (Repealed effective October 1, 2019) Regulatory power of department
O.C.G.A. § 31-7-265— (Repealed effective October 1, 2019) Facility licensing and employee records checks for personal care homes transferred to Department of Community Health
O.C.G.A. § 31-7-280— Health care provider annual reports; form
O.C.G.A. § 31-7-281— Data system established; departmental authority
O.C.G.A. § 31-7-282— Collection and submission of data
O.C.G.A. § 31-7-283— Compilation and dissemination of information; rules and regulations
O.C.G.A. § 31-7-284— Public disclosure; updating of data base; publication; fees
O.C.G.A. § 31-7-285— Confidentiality; liability
O.C.G.A. § 31-7-300— Definitions
O.C.G.A. § 31-7-301— License requirement; license not assignable or transferable
O.C.G.A. § 31-7-302— Rules and regulations; authority of department to issue, suspend, or revoke licenses
O.C.G.A. § 31-7-303— Inspections; requirements for exemption
O.C.G.A. § 31-7-304— Fees
O.C.G.A. § 31-7-305— Exempt services
O.C.G.A. § 31-7-306— Applications received prior to effective date of article
O.C.G.A. § 31-7-307— Certificate of need not required of licensees; operation of licensee as home health agency not authorized
O.C.G.A. § 31-7-308— Licensure and regulation of private home care providers transferred to Department of Community Health
O.C.G.A. § 31-7-350— Short title; purpose
O.C.G.A. § 31-7-351— Definitions
O.C.G.A. § 31-7-352— Registry check required; validation of licensing
O.C.G.A. § 31-7-353— Records check application; transmittal of fingerprints; penalties for unauthorized release or disclosure of information
O.C.G.A. § 31-7-354— Consent to background checks; certain results of background check barring employment; rights of owner, applicant, or employee
O.C.G.A. § 31-7-355— Personnel files; when department may require background check; result of unsatisfactory determination
O.C.G.A. § 31-7-356— Facility’s failure to comply with provisions; penalty
O.C.G.A. § 31-7-357— Required notice on application form
O.C.G.A. § 31-7-358— License revocation or withholding; additional requirements
O.C.G.A. § 31-7-359— Liability for civil damages; sovereign immunity not waived
O.C.G.A. § 31-7-360— Rules and regulations
O.C.G.A. § 31-7-361— Transfer of responsibilities, rights, and personnel between departments
O.C.G.A. § 31-7-380— (Effective October 1, 2019) Purpose and intent
O.C.G.A. § 31-7-381— (Effective October 1, 2019) Definitions
O.C.G.A. § 31-7-382— (Effective October 1, 2019) Establishment of central caregiver registry
O.C.G.A. § 31-7-383— (Effective October 1, 2019) Private employer’s inquiry with department on eligibility of employee; employer responsible for decisions
O.C.G.A. § 31-7-384— (Effective October 1, 2019) Appeal of ineligibility determination
O.C.G.A. § 31-7-385— (Effective October 1, 2019) Immunity from liability
O.C.G.A. § 31-7-386— (Effective October 1, 2019) Rules and regulations
O.C.G.A. § 31-7-400— Definitions
O.C.G.A. § 31-7-401— Notice to Attorney General of acquisition
O.C.G.A. § 31-7-402— Content and form of notice to Attorney General; retention of experts; payment of costs and expenses
O.C.G.A. § 31-7-403— Certification of interest in acquiring entity; certification of financial interest in business associated with party to disposition; statement of fair dealing; opposing board members exempt
O.C.G.A. § 31-7-404— Publication of notice
O.C.G.A. § 31-7-405— Public hearing; expert or consultant required to testify; testimony; representative of acquiring entity to testify
O.C.G.A. § 31-7-406— Purpose of public hearing; factors to be addressed in disclosure
O.C.G.A. § 31-7-407— Attorney General to ensure compliance with article; other persons not precluded from instituting judicial proceedings
O.C.G.A. § 31-7-407.1— Report of findings
O.C.G.A. § 31-7-408— Notice required prior to issuance or renewal of permit to operate hospital; permit subject to revocation or suspension for failure to comply
O.C.G.A. § 31-7-409— Prospective operation of article
O.C.G.A. § 31-7-410— Authority of Attorney General unaffected
O.C.G.A. § 31-7-411— Attorney General’s power under article same as under Code Section 45-15-17
O.C.G.A. § 31-7-412— Disposition or acquisition made in violation of requirements of article null and void; violators subject to fine; Attorney General to instigate proceedings to impose fine within one year