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.
(Code 1981, §31-6-50, enacted by Ga. L. 1983, p. 1566, § 1; Ga. L. 1985, p. 149, § 31; Ga. L. 1999, p. 296, § 22; Ga. L. 2008, p. 12, § 1-1/SB 433.)
Code Commission notes.- Pursuant to Code Section 28-9-5, in 1985, "31-6-42 through 31-6-44" was substituted for "31-6-42, 31-6-43, and 31-6-44".
Pursuant to Code Section 28-9-5, in 1999, "Health Planning Agency" was substituted for "department".
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.
U.S. Code.- Section 1122 of the Social Security Act, as amended, referred to in this Code section, is codified as 42 U.S.C. § 1320a-1.
OPINIONS OF THE ATTORNEY GENERAL
Appeal of agency decisions.
- Prior to the 1983 reenactment, applicants proposing a capital expenditure, as well as health systems agencies and persons who qualify as a "party" or "persons aggrieved" under the "Georgia Administrative Procedure Act" (O.C.G.A. Ch. 13, T. 50) have the right to appeal to the State Health Planning Review Board (now Certificate of Need Appeal Panel) decisions of the State Health Planning and Development Agency (now Department of Community Health) relative to § 1122 of the Social Security Act, 42 U.S.C. § 1320a-1(a). 1981 Op. Att'y Gen. No. 81-8.
ARTICLE 4 REPORTS