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Through 31-6-95

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Repealed pursuant to Code Section 31-6-95, which provided for the repeal of this article on June 30, 2007.

Editor's notes.

- This article was based on Code 1981, §§ 31-6-90 through31-6-95, enacted by Ga. L. 2005, p. 43, § 1/HB 390.

CHAPTER 7 REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES Article 1 Regulation of Hospitals and Related Institutions. Article 2

31-7-1. (See Editor's notes.) Definitions.
31-7-2. Classification of institutions.
31-7-2.1. Rules and regulations; availability of reports of cited deficiencies; disclosure of survey worksheets and documents.
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.
31-7-3. Requirements for permits to operate institutions.
31-7-3.1. Posting sign by hospital operating emergency room notifying individuals of legal rights in emergencies.
31-7-3.2. Notice of cited deficiency and imposition of sanction.
31-7-3.3. "Excluded party" defined; liability; notice; dismissal; other procedural factors.
31-7-3.4. Carrying of liability insurance or establishment of self-insurance trust as condition precedent to obtaining or maintaining permit.
31-7-4. Denial or revocation of permits.
31-7-5. Exemptions from permit requirements; application of this chapter to federally operated institutions.
31-7-6. Provision of data for research purposes by organizations rendering patient care; liability of providers of data; use of data; confidentiality.
31-7-7. Refusal or revocation by public hospital of staff privileges.
31-7-7.1. Denial of staff privileges based upon license, board certification, or membership in professional association.
31-7-8. Reports of disciplinary actions against persons authorized to practice professions under Chapter 11, 34, or 35 of Title 43.
31-7-9. Reports by physicians and other personnel of nonaccidental injuries to patients; immunity from liability.
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.
31-7-11. Written summary of hospital service charge rates.
31-7-12. "Personal care home" and "personal services" defined; licensure and registration; inspection by local boards; fees; investigations; waiver, variance, or exemption.
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.
31-7-12.2. Regulation and licensing of assisted living communities; legislative intent; definitions; procedures; requirements for medication aides.
31-7-12.3. Adoption of rules and regulations to implement Code Sections 31-7-12 and 31-7-12.2
31-7-12.4. Certificate for operation of memory care center required; staffing and training requirements; other requirements; regulation.
31-7-12.5. Notification and other requirements for COVID-19 infections in personal care homes.
31-7-12.6. SARS CoV-2 testing for residents and staff in long-term care facilities.
31-7-13. Transfer of property upon death of patient.
31-7-14. Blood supplies; blood donor storage programs.
31-7-15. Review of professional practices by a peer review committee.
31-7-16. Determination or pronouncement of death of patient who died in facility classified as nursing home.
31-7-17. Licensure and regulation of hospitals and related institutions transferred to Department of Community Health.
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.
31-7-19. Nursing homes to annually offer influenza vaccinations to health care workers and other employees; immunity from liability.
31-7-20. Medical facilities to make good faith application to southern regional TRICARE managed care support coordinator for certification in the TRICARE program.
31-7-21. Provision of influenza education information to assisted living community residents.
31-7-22. Required publication by hospital of certain documentation on website; updating; penalty for noncompliance; enforcement; individual criminal penalty.

Georgia Building Authority Hospital).

31-7-23 through 31-7-40 [Repealed].

Article 3 Grants for Construction and Modernization of Medical Facilities.

31-7-50. Authorization of grants-in-aid.
31-7-51. Definitions.
31-7-52. Amounts of grants for construction and modernization.
31-7-53. Matching formula; priority system; use of earnings; approval of federal grant.
31-7-54. Manner of expenditure of construction funds.
31-7-55. Administration of state funds.
31-7-56. Adherence to federal law and regulations.
31-7-57. Procedure for grants to sponsors of construction projects; injunction of operation by transferee in violation of article.

Article 4 County and Municipal Hospital Authorities.

31-7-70. Short title.
31-7-71. Definitions.
31-7-72. Creation of hospital authority in each county and municipality.
31-7-72.1. Merger of hospital authorities.
31-7-73. Creation of additional hospital authority in counties with large populations.
31-7-74. Residency requirement; officers; compensation; rules and regulations.
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.
31-7-74.2. Oath to be taken by members of hospital authority.
31-7-74.3. Sale or lease by hospital authority; hearing required; factors to be considered at hearing; applicability; requirements for lease.
31-7-74.4. Board members deemed directors upon sale or lease of hospital.
31-7-75. Functions and powers.
31-7-75.1. (For effective date, see note.) Proceeds of sale of hospital held in trust to fund indigent health care.
31-7-75.2. Exemption from disclosure for potentially commercially valuable plan, proposal, or strategy.
31-7-75.3. Home health agency services operated by hospitals [Repealed].
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.
31-7-77. Prohibition on for-profit projects; rates and charges; utilization of revenues to pay certain obligations.
31-7-78. Issuance and sale of negotiable revenue anticipation certificates.
31-7-79. Liability on revenue certificates; tax exemption.
31-7-80. Form and contents of revenue certificates; validity of signatures thereon.
31-7-81. Confirmation and validation of revenue certificates.
31-7-82. Enforcement of rights of revenue certificate holders; procedure in event of default.
31-7-83. (For effective date, see note.) Investment of surplus moneys and moneys received through issuance of revenue certificates.
31-7-84. Payment for authority's services and facilities; levy of tax by political subdivisions; compliance by authority with county budgetary procedures.
31-7-85. Contracts with political subdivisions.
31-7-86. Manner of operating property conveyed or leased to authority.
31-7-87. Hypothecation or mortgaging of purchased hospital facilities.
31-7-88. Payment of general obligations.
31-7-89. Procedure for dissolution; disposition of property.
31-7-89.1. "Control" defined; sale or lease by hospital authority subject to requirements of Article 15 of this chapter.
31-7-90. Annual report; budget.
31-7-90.1. Community benefit report; report disclosing member ownership in entities transacting business with authority.
31-7-91. Required annual audit.
31-7-92. Filing of audits.
31-7-93. Failure to provide for audit.
31-7-94. Grants to hospital authorities and rural hospital organizations.
31-7-94.1. Rural Hospital Organization Assistance Act; legislative findings; certification of rural hospitals for grant eligibility; rules and regulations.
31-7-95. Funding of medical education provided by hospital authorities and designated teaching hospitals.
31-7-96. Construction of article.

Article 5 Residential Care Facilities for the Elderly Authorities.

31-7-110. Short title.
31-7-111. Findings; declaration of policy.
31-7-112. Definitions.
31-7-113. Creation of Residential Care Facilities for the Elderly Authority in each county and municipality; board of directors.
31-7-114. Powers of authorities.
31-7-115. Lease or sale of projects.
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.
31-7-117. Liability for bonds or other obligations.
31-7-118. Exemption from taxation.
31-7-119. Holding moneys as trust funds; pledges for payment of bonds.
31-7-120. Construction of article.

Article 6 Peer Review Groups.

31-7-130. Legislative intent.
31-7-131. Definitions.
31-7-132. Immunity from liability for peer review activities; immunity from liability of persons providing information.
31-7-133. Confidentiality of review organization's records.

Article 6A Medical Review Committees.

31-7-140. "Medical review committee" defined.
31-7-141. Committee members immune from liability.
31-7-142. Liability of those providing health care facilities or services.
31-7-143. Committee proceedings and records immune from discovery or use as evidence in civil actions.

Article 7 Home Health Agencies.

31-7-150. Definitions.
31-7-151. License required; license may not be transferred but may be suspended or revoked.
31-7-152. Application for license.
31-7-153. Standards for patient care and agency operation; regulations as to issuance, denial, suspension, or revocation of licenses; hearings.
31-7-154. Inspections.
31-7-155. Certificates of need for new service or extending service area; exemption from certificate.
31-7-156. Fee system for services under this article.
31-7-157. Exemptions from article.
31-7-158. Penalties for unlicensed operation.
31-7-159. Licensure and regulation of home health agencies transferred to Department of Community Health.

Article 8 Health Service Provider Psychologists.

31-7-160. Definitions.
31-7-161. Appointment to staff of medical facility or institution.
31-7-162. Training and experience requirements.
31-7-163. Status of present psychologist staff members.
31-7-164. Limitation or revocation of staff privileges.
31-7-165. Report of denial of staff privileges.

Article 9 Hospice Care.

31-7-170. Short title.
31-7-171. Legislative findings and purpose.
31-7-172. Definitions.
31-7-173. License required.
31-7-174. Application for license.
31-7-175. Administration of article.
31-7-176. Responsibilities of provider of hospice care.
31-7-176.1. Determination or pronouncement of death.
31-7-177. Inpatient beds.
31-7-178. Inspection.
31-7-179. Certificate of need not required.

Article 10 Patient Centered and Family Focused Palliative Care.

31-7-190. Legislative intent.
31-7-191. Definitions.
31-7-192. Georgia Palliative Care and Quality of Life Advisory Council.
31-7-193. Palliative Care Consumer and Professional Information and Education Program.

Article 11 Facility Licensing and Employee Records Checks. Article 12

31-7-250 through 31-7-265.

Health Care Data Collection. Article 13

31-7-280. Health care provider annual reports; form.
31-7-281. Data system established; departmental authority.
31-7-282. Collection and submission of data.
31-7-283. Compilation and dissemination of information; rules and regulations.
31-7-284. Public disclosure; updating of data base; publication; fees.
31-7-285. Confidentiality; liability.

Private Home Care Providers. Article 14

31-7-300. Definitions.
31-7-301. License requirement; license not assignable or transferable.
31-7-302. Rules and regulations; authority of department to issue, suspend, or revoke licenses.
31-7-303. Inspections; requirements for exemption.
31-7-304. Fees.
31-7-305. Exempt services.
31-7-306. Applications received prior to effective date of article.
31-7-307. Certificate of need not required of licensees; operation of licensee as home health agency not authorized.
31-7-308. Licensure and regulation of private home care providers transferred to Department of Community Health.

Georgia Long-term Care Background Check Program. Article 14A

31-7-350. Short title; purpose.
31-7-351. Definitions.
31-7-352. Registry check required; validation of licensing.
31-7-353. Records check application; transmittal of fingerprints; penalties for unauthorized release or disclosure of information.
31-7-354. Consent to background checks; certain results of background check barring employment; rights of owner, applicant, or employee.
31-7-355. Personnel files; when department may require background check; result of unsatisfactory determination.
31-7-356. Facility's failure to comply with provisions; penalty.
31-7-357. Required notice on application form.
31-7-358. License revocation or withholding; additional requirements.
31-7-359. Liability for civil damages; sovereign immunity not waived.
31-7-360. Rules and regulations.
31-7-361. Transfer of responsibilities, rights, and personnel between departments.

Central Caregiver Registry. Article 15

31-7-380. Purpose and intent.
31-7-381. Definitions.
31-7-382. Establishment of central caregiver registry.
31-7-383. Private employer's inquiry with department on eligibility of employee; employer responsible for decisions.
31-7-384. Appeal of ineligibility determination.
31-7-385. Immunity from liability.
31-7-386. Rules and regulations.

Hospital Acquisition. Cross references. - Authority of board of regents with regard to Eugene Talmadge Memorial Hospital, § 20-3-520 et seq.

31-7-400. Definitions.
31-7-401. Notice to Attorney General of acquisition.
31-7-402. Content and form of notice to Attorney General; retention of experts; payment of costs and expenses.
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.
31-7-404. Publication of notice.
31-7-405. Public hearing; expert or consultant required to testify; testimony; representative of acquiring entity to testify.
31-7-406. Purpose of public hearing; factors to be addressed in disclosure.
31-7-407. Attorney General to ensure compliance with article; other persons not precluded from instituting judicial proceedings.
31-7-407.1. Report of findings.
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.
31-7-409. Prospective operation of article.
31-7-410. Authority of Attorney General unaffected.
31-7-411. Attorney General's power under article same as under Code Section 45-15-17.
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.

Requirement of smoke detectors for nursing homes, § 25-2-40.

Offering continuing care when resident purchases resident owned living unit, § 33-45-7.1.

Designation of emergency receiving facilities for examination of mentally ill persons, alcoholics, and others, §§ 37-3-40 et seq.,37-7-40 et seq.

Designation of evaluating facilities for examination of persons ordered by court to undergo evaluation for mental illness, alcoholism, and other conditions, §§ 37-3-60,37-7-60.

Authority of Department of Veterans Service and Veterans Service Board to construct and operate hospitals, nursing homes, and other facilities for care of war veterans, § 38-4-2.

Registered nurses and licensed practical nurses, T. 43, C. 26.

Physical therapists, T. 43, C. 33.

Physicians, osteopaths, T. 43, C. 34.

Administrative Rules and Regulations.

- General licensing and enforcement requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Healthcare Facility Regulation, Chapter 111-8-25.

Personal care homes, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Healthcare Facility Regulation, Chapter 111-8-62.

Rules and regulations for residential mental health facilities for children and youth, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Healthcare Facility Regulation, Chapter 111-8-68.

Rules and regulations for proxy caregivers used in licensed healthcare facilities, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Healthcare Facility Regulation, Chapter 111-8-100.

Law reviews.

- For article, "Baby Doe Cases: Compromise and Moral Dilemma," see 34 Emory L.J. 545 (1985). For article, "State of Emergency: Why Georgia's Standard of Care in Emergency Rooms is Harmful to Your Health," see 45 Ga. L. Rev. 275 (2010). For article, "The Olmstead Decision: The Road to Dignity and Freedom," see 26 Ga. St. U. L. Rev. 651 (2010). For article, "Olmstead's Promise and Cohousing's Potential," see 26 Ga. St. U. L. Rev. 663 (2010). For article, "From the Inside Out: Personal Perspectives of Six Georgians on Their Institutional Experiences," see 26 Ga. St. U. L. Rev. 741 (2010). For article, "The Constitutional Right to Community Services," see 26 Ga. St. U. L. Rev. 763 (2010). For article, "Reconsidering Makin v. Hawaii: The Right of Medicaid Beneficiaries to Home-Based Services as an Alternative to Institutionalization," see 26 Ga. St. U. L. Rev. 803 (2010). For article, "The Potential and Risks of Relying on Title II's Integration Mandate to Close Segregated Institutions," see 26 Ga. St. U. L. Rev. 855 (2010). For article, "Beyond Residential Segregation: The Application of Olmstead to Segregated Employment Settings," see 26 Ga. St. U. L. Rev. 875 (2010). For article, "From Almshouses to Nursing Homes and Community Care: Lessons from Medicaid's History," see 26 Ga. St. U. L. Rev. 937 (2010). For note, "Deinstitutionalization: Georgia's Progress in Developing and Implementing an 'Effectively Working Plan' as Required by Olmstead v. L.C. ex rel," see 25 Ga. St. U. L. Rev. 699 (2009). For note, "Bearing Hospital Tax Breaks: How Nonprofits Benefit From Your Surprise Medical Bills," see 35 Ga. St. U.L. Rev. 809 (2019).

JUDICIAL DECISIONS

Cited in Richards v. Emanuel County Hosp. Auth., 603 F. Supp. 81 (S.D. Ga. 1984).

RESEARCH REFERENCES

Defending Hospital - Negligence of Physician-Employee, 19 Am. Jur. Trials 431.

Hospital Recovery Room Accidents, 25 Am. Jur. Trials 185.

Hospital Liability for Nursing Medication Errors, 29 Am. Jur. Trials 591.

Due Process Considerations in Suspension of Hospital Staff Privileges, 32 Am. Jur. Trials 1.

Establishing Hospital Liability under the Emergency Medical Treatment and Active Labor Act for "Patient Dumping", 62 Am. Jur. Trials 119.

Liability of Hospital or Other Emergency Room Service Provider for Injury to Patient or Visitor, 67 Am. Jur. Trials 271.

Medical and Legal Aspects of Chemical and Physical Restraint in the Nursing Home, 75 Am. Jur. Trials 1.

ALR.

- Licensing and regulation of nursing or rest homes, 53 A.L.R.4th 689.

What patient claims against doctor, hospital, or similar health care provider are not subject to statutes specifically governing actions and damages for medical malpractice, 89 A.L.R.4th 887.

Liability of hospital for injury to person invited or permitted to accompany patient during emergency room treatment, 90 A.L.R.4th 478.

Liability of hospital, physician, or other medical personnel for death or injury from use of drugs to stimulate labor, 1 A.L.R.5th 243.

Liability of hospital, physician, or other medical personnel for death or injury to mother or child caused by improper administration of, or failure to administer, anesthesia or tranquilizers, or similar drugs, during labor and delivery, 1 A.L.R.5th 269.

Opposition to construction of new hospital or expansion of existing hospital's facilities as violation of Sherman Act (15 U.S.C. § 1 et seq.), 88 A.L.R. Fed. 478.

ARTICLE 1 REGULATION OF HOSPITALS AND RELATED INSTITUTIONS

Editor's notes.

- Ga. L. 2001, p. 1172, § 2, not codified by the General Assembly, provides that: "No hospital shall release for public use any autopsy photographs or images without the written permission of the family."

Law reviews.

- For article, "Hospital Mergers, Market Concentration and the Herfindahl-Hirschman Index," see 33 Emory L.J. 869 (1985).

OPINIONS OF THE ATTORNEY GENERAL

Department cannot regulate abortion facilities not within definition of institution.

- Law concerning regulation of hospitals and related institutions cannot be utilized by Department of Human Resources (now the Department of Community Health for these purposes) to extend regulation to abortions performed in facilities other than those embraced by the term institution. 1973 Op. Att'y Gen. No. 73-24.

Casualty insurance carried by regulated institutions not subject to department's regulation.

- Since the requirement of carrying adequate casualty insurance is a matter which does not pertain to protection of health and lives of patients in institutions nor to kind and quality of building, equipment, facilities and institutional services that institutions shall have and use in order to properly care for patients, the Department of Human Resources (now the Department of Community Health for these purposes) cannot legally pass a valid rule requiring institutions to carry adequate casualty insurance. 1967 Op. Att'y Gen. No. 67-177.

RESEARCH REFERENCES

ALR.

- Liability of private noncharitable hospital or sanitarium for improper care or treatment of patient, 39 A.L.R. 1431; 124 A.L.R. 186.

Hospital's liability for care of convalescing patient, 70 A.L.R.2d 377.

Malpractice in diagnosis and treatment of tetanus, 28 A.L.R.3d 1364.

Hospital's liability for injury or death to patient resulting from or connected with administration of anesthetic, 31 A.L.R.3d 1114.

Hospital's liability to patient for injury allegedly sustained from absence of particular equipment intended for use in diagnosis or treatment of patient, 50 A.L.R.3d 1141.

Hospital's liability for patient's injury or death resulting from escape or attempted escape, 37 A.L.R.4th 200.

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