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.
(Code 1981, §31-6-49, enacted by Ga. L. 1983, p. 1566, § 1; Ga. L. 1985, p. 149, § 31; Ga. L. 1999, p. 296, § 8; Ga. L. 2008, p. 12, § 1-1/SB 433.)
Editor's notes.- Ga. L. 2008, p. 12, § 3-1/SB 433, not codified by the General Assembly, provides that the amendment to this Code section shall only apply to applications submitted on or after July 1, 2008.
OPINIONS OF THE ATTORNEY GENERAL
Effect to be given to prior rules of State Health Planning and Development Agency.
- Any portions of the State Health Planning and Development Agency's (now Department of Community Health) rules in effect on June 30, 1983, which are not "inconsistent with this chapter" under former paragraph (3) of O.C.G.A. § 31-6-49, or which can be adapted to the new law merely by making numerical substitutions, will remain in effect on that date, and will continue in effect until new rules are adopted. 1983 Op. Att'y Gen. No. 83-34.
Those State Health Planning and Development Agency's (now Department of Community Health) rules in effect on June 30, 1983 which refer to the $150,000 threshold in former § 31-6-2, or do not distinguish between capital expenditures and equipment expenditures as set out in current § 31-6-2(14)(B) and (F) are "inconsistent with this chapter" under former paragraph (3) of O.C.G.A. § 31-6-49, but so as to effectuate the General Assembly's intent will be read together and harmonized with the controlling dollar amounts and classifications of the new law. 1983 Op. Att'y Gen. No. 83-34.
Any provisions in the State Health Planning and Development Agency's (now Department of Community Health) rules in effect on June 30, 1983 which provide for health system agency participation in the certificate of need review process on or after July 1, 1983 will be "inconsistent with this chapter" under former paragraph (3) of O.C.G.A. § 31-6-49, and as such will not be effective on or after July 1, 1983. 1983 Op. Att'y Gen. No. 83-34.
To the extent that the exclusions in present O.C.G.A. § 31-6-47 are identical to or essentially the same as those in former § 31-6-50, those State Health Planning and Development Agency (now Department of Community Health) rules in effect on June 30, 1983 as to such exclusions will remain effective on or after July 1, 1983 and until new rules are adopted. 1983 Op. Att'y Gen. No. 83-34.
Any State Health Planning and Development Agency (now Department of Community Health) rules in effect on June 30, 1983 which require a certificate of need for expenditures which increase the bed capacity of a hospital by up to ten beds or 10 percent of capacity, whichever is less, is "inconsistent with this chapter" under former paragraph (3) of O.C.G.A. § 31-6-49 and therefore not controlling after July 1, 1983. 1983 Op. Att'y Gen. No. 83-34.