This article shall be known and may be cited as the "Hospital Authorities Law."
(Code 1933, § 88-1801, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1996, p. 6, § 31.)
Law reviews.- For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).
JUDICIAL DECISIONS
Ga. L. 1964, p. 499, § 1 repealed and superseded the 1941 Hospital Authorities Law. Collins v. Nix, 125 Ga. App. 520, 188 S.E.2d 235 (1972) (see O.C.G.A. § 31-7-70).
Members of authority boards cannot discharge duties by proxy.
- Since such authorities as this section creates are in effect instrumentalities of the state discharging essential governmental obligations, it would be contrary to public interest to hold that members of boards of such authorities could discharge their solemn responsibilities by way of proxies; therefore, they must discharge them in person. Collins v. Nix, 125 Ga. App. 520, 188 S.E.2d 235 (1972).
Punitive damages not allowed against authority.
- It is against Georgia public policy to allow an award of punitive damages in a medical malpractice action against a hospital authority created as a governmental entity under the Hospital Authorities Act, O.C.G.A. § 31-7-70 et seq. Hospital Auth. v. Martin, 210 Ga. App. 893, 438 S.E.2d 103 (1993), aff'd, 264 Ga. 626, 449 S.E.2d 827 (1994).
Hospital authority's receipt of funds from two counties in general support of an indigent treatment program did not divest the authority or the authority's hospital of their character as county agencies or instrumentalities so as to waive sovereign immunity. Culberson v. Fulton-DeKalb Hosp. Auth., 201 Ga. App. 347, 411 S.E.2d 75, cert. denied, 201 Ga. App. 905, 411 S.E.2d 75 (1991).
ERISA preemption.
- In a breach of contract case, defendants' Fed. R. Civ. P. 12(b)(6) motion to dismiss on the basis of Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., preemption was denied because the insured's former employer, a hospital authority, was a government political subdivision, agency, or instrumentality for purposes of ERISA's governmental plan exemption; the hospital authority was created pursuant to the Georgia Hospital Authorities Act, O.C.G.A. § 31-7-70 et seq. Williams-Mason v. Reliance Std. Life Ins. Co., F. Supp. 2d (S.D. Ga. June 16, 2006).
Cited in Hospital Auth. v. Stewart, 226 Ga. 530, 175 S.E.2d 857 (1970); Daughtrey v. State, 226 Ga. 758, 177 S.E.2d 670 (1970).
OPINIONS OF THE ATTORNEY GENERALHospital authority may not own or operate a for profit business corporation. 1995 Op. Att'y Gen. No. U95-11.
Conflict of interest of hospital authority board member.- Member of a hospital authority board has an impermissible conflict of interest if the member has any financial interest, not de minimis, in an entity conducting business with the authority notwithstanding the existence of an intermediary between the board and the entity. 1995 Op. Att'y Gen. No. U95-11.
Authority's right to operate and charge for ambulance service.- Hospital authority has right to operate ambulance service for transportation of patients to and from the authority's hospital and may make charges for such service. 1965-66 Op. Att'y Gen. No. 66-176.
RESEARCH REFERENCES
ALR.
- Medical malpractice: negligent catheterization, 31 A.L.R.5th 1.