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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 31. HEALTH |
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Chapter 7. REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES |
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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 |
| § 31-7-74.2. 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 |
| § 31-7-75. Functions and powers |
| § 31-7-75.1. Proceeds of sale of hospital held in trust to fund indigent hospital 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 |
| § 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. 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 |
| § 31-7-94.1. Short title; 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 |
REFS & ANNOS
TITLE 31 Chapter 7 Article 4 NOTE
CROSS REFERENCES. --Use of excess proceeds of bonds issued by county or municipal corporation to match state and federal contributions to build and equip hospital in such county or municipal corporation, § 36-60-7.
LAW REVIEWS. --For article noting the exclusion of public authorities from the Georgia Administrative Procedure Act, see 1 Ga. St. B.J. 269 (1965). For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979). For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, decisions under former Ga. L. 1941, p. 241, as amended, which was subsequently repealed but was succeeded by provisions in this article, are included in the annotations for this article.
GEORGIA HOSPITAL AUTHORITIES LAW, O.C.G.A. § 31-7-70 ET SEQ., IS CONSTITUTIONAL. Cheely v. State, 251 Ga. 685, 309 S.E.2d 128 (1983).
HOSPITAL AUTHORITIES CREATED UNDER THE LAW ARE LOCAL, NOT STATE, INSTRUMENTALITIES. Fulton-DeKalb Hosp. Auth. v. Gaither, 241 Ga. 572, 247 S.E.2d 89 (1978).
Hospital authority was a local, not state, instrumentality, and was not entitled to immunity under the Eleventh Amendment in a federal civil rights act suit brought by a paramedic against the authority. Baxter v. Fulton-DeKalb Hosp. Auth., 764 F. Supp. 1510 (N.D. Ga. 1991).
HOSPITAL AUTHORITY NOT WITHIN WORKERS' COMPENSATION DEFINITION OF "EMPLOYER". --Local hospital authority is an instrumentality of the county and not of the state and, therefore, it is not covered by Workmen's (now Workers') Compensation Law under the law's definition of "employer" as a state instrumentality. Fulton-DeKalb Hosp. Auth. v. Gaither, 241 Ga. 572, 247 S.E.2d 89 (1978).
HOSPITAL AUTHORITIES ARE SUBJECT TO "OPEN RECORDS" LAW. Cox Enters., Inc. v. Carroll City/County Hosp. Auth., 247 Ga. 39, 273 S.E.2d 841 (1981).
HOSPITALS OPERATED BY AUTHORITIES ARE SUBJECT TO EXAMINATION by grand juries as facilities of county. Cox Enters., Inc. v. Carroll City/County Hosp. Auth., 247 Ga. 39, 273 S.E.2d 841 (1981).
HOSPITAL AUTHORITIES ARE EXEMPT FROM SALES AND USE TAXES. Cox Enters., Inc. v. Carroll City/County Hosp. Auth., 247 Ga. 39, 273 S.E.2d 841 (1981).
HOSPITAL AUTHORITIES ARE EXEMPT FROM GEORGIA BUSINESS CORPORATION CODE. --Phrase "corporations engaged in any business" in Ga. L. 1975, p. 190, § 1 (see O.C.G.A. § 34-9-4) includes only those corporations governed by the Georgia Business Corporation Code (see O.C.G.A. Ch. 2, T. 14). Hospital authorities are not governed by the Georgia Business Corporation Code, but are expressly exempted therefrom. Fulton-DeKalb Hosp. Auth. v. Gaither, 241 Ga. 572, 247 S.E.2d 89 (1978).
EXEMPTION FROM AD VALOREM TAXATION. --Hospital authority property is public property and, as such, is exempt from ad valorem taxation. Cox Enters., Inc. v. Carroll City/County Hosp. Auth., 247 Ga. 39, 273 S.E.2d 841 (1981).
HOSPITAL AUTHORITY CANNOT SUE FOR LIBEL. Cox Enters., Inc. v. Carroll City/County Hosp. Auth., 247 Ga. 39, 273 S.E.2d 841 (1981).
HOSPITAL AUTHORITIES SUBJECT TO NEGLIGENCE SUITS BY PATIENTS. --Hospital authority is subject to suit for damages resulting from personal injury the hospital negligently inflicts upon one of the hospital's patients or for the negligent actions of the hospital's agents, servants, or employees. Hospital Auth. v. Shubert, 96 Ga. App. 222, 99 S.E.2d 708 (1957) (decided under former Ga. L. 1941, p. 241, as amended); but see Hall v. Hospital Auth., 93 Ga. App. 319, 91 S.E.2d 530 (1956).
Hospital authority is subject to suit for damages for personal injuries to patients resulting from negligence of the hospital's agents, servants, or employees. Hospital Auth. v. Misfeldt, 99 Ga. App. 702, 109 S.E.2d 816 (1959) (decided under former Ga. L. 1941, p. 241, as amended); but see Hall v. Hospital Auth., 93 Ga. App. 319, 91 S.E.2d 530 (1956).
HOSPITAL AUTHORITY NOT SUBJECT TO TORT SUITS. --State has right to delegate to public corporation the governmental right and duty which the state has to protect and preserve the health of the state's citizens; when the state properly does so the corporation maintaining and operating a hospital under such delegated authority, not for profit, is in the exercise of a governmental function and not subject to suit in a tort action. Hall v. Hospital Auth., 93 Ga. App. 319, 91 S.E.2d 530 (1956) (decided under former Ga. L. 1941, p. 241, as amended); but see Hospital Auth. v. Shubert, 96 Ga. App. 222, 99 S.E.2d 708 (1957); Hospital Auth. v. Misfeldt, 99 Ga. App. 702, 109 S.E.2d 816 (1959).
Hospital authorities established pursuant to the Hospital Authorities Law, O.C.G.A. § 31-7-70 et seq., are entitled to the defense of governmental immunity except to the extent there has been a waiver under the state constitution. Hospital Auth. v. Litterilla, 199 Ga. App. 345, 404 S.E.2d 796 (1991).
CITED in Medical Ctr. Hosp. Auth. v. Andrews, 162 Ga. App. 687, 292 S.E.2d 197 (1982).
OPINIONS OF THE ATTORNEY GENERAL
HOSPITAL AUTHORITY WITHIN DEFINITION OF AN OPERATION FOR PURELY CHARITABLE PURPOSES. --County hospital authority established and operated pursuant to provisions of the Hospital Authorities Law comes within definition of an operation for purely charitable purposes. 1968 Op. Att'y Gen. No. 68-280.
APPLICABILITY OF FAIR LABOR STANDARDS ACT TO EMPLOYEES OF HOSPITAL AUTHORITIES. --Hospital authorities are subject to minimum wage and maximum hours provisions of Fair Labor Standards Act, 29 U.S.C., with respect to employees employed in any hospital or related institution, school for physically or mentally handicapped or gifted children, or any institution of higher learning. 1965-66 Op. Att'y Gen. No. 66-249.
STATE HAS NO JURISDICTION OVER COUNTY HOSPITAL AUTHORITY EXCEPT STATE AUDITOR PRESCRIBES FORMS FOR ANNUAL REPORT. 1945-47 Op. Att'y Gen. p. 65.
COUNTY HOSPITAL AUTHORITY IS AUTHORIZED TO MAKE TERM LOANS. 1969 Op. Att'y Gen. No. 69-9.
AUTHORITY MAY CONTRACT WITH PRIVATE AMBULANCE SERVICE FOR BACK-UP SERVICE. --Hospital Authority may enter into contract with private ambulance service, on trip by trip basis, to provide for back-up ambulance service for the Authority. 1970 Op. Att'y Gen. No. 70-200.
LOCAL GOVERNMENT INVESTMENT POOL. --Hospital authorities created pursuant to O.C.G.A. Art. 4, Ch. 7, T. 31 are not eligible to participate in the local government investment pool created by O.C.G.A. § 36-83-8. 1982 Op. Att'y Gen. No. 82-78.
AUTHORITY TO ACQUIRE OR BUILD DORMITORY-TYPE FACILITY FOR ELDERLY. --Hospital authority is authorized under O.C.G.A. Art. 4, Ch. 7, T. 31 to acquire or build a dormitory-type facility for the elderly. 1984 Op. Att'y Gen. No. U84-9.
CONSTRUCTION WITH RESIDENTIAL CARE FACILITIES FOR ELDERLY AUTHORITIES ACT. --Hospital Authorities Law, O.C.G.A. § 31-7-70 et seq., and the Residential Care Facilities for the Elderly Authorities Act, O.C.G.A. § 31-7-110 et seq., should not be viewed as mutually exclusive and may be harmonized. 1984 Op. Att'y Gen. No. U84-9.
While both the Hospital Authorities Law, O.C.G.A. § 31-7-70 et seq., and the Residential Care Facilities for the Elderly Authorities Act, O.C.G.A. § 31-7-110 et seq., allow either authority to acquire or build a facility, a Residential Care Facilities for the Elderly Authority, as opposed to a Hospital Authority, may not operate a facility. 1984 Op. Att'y Gen. No. U84-9.
DISPOSITION OF SURPLUS FUNDS. --County hospital authority may remit surplus funds to the authority's participating units only in a manner acceptable to all parties and, in the alternative, may expend the authority's surplus funds in accord with the authority's permitted activities under the Hospital Authorities Law, O.C.G.A. § 31-7-70 et seq. 1987 Op. Att'y Gen. No. U87-19.
HOSPITAL AS "EMPLOYER" UNDER PEACE OFFICER AND ANNUITY BENEFIT FUND. --Hospital authority does not satisfy the statutory definition of an "employer" under the act governing the Peace Officer and Annuity Benefit Fund and, therefore, the authority's security personnel are not entitled to membership in that Fund. 1991 Op. Att'y Gen. No. U91-12.
LAW REVIEWS. --For article noting the exclusion of public authorities from the Georgia Administrative Procedure Act, see 1 Ga. St. B.J. 269 (1965). For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979). For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, decisions under former Ga. L. 1941, p. 241, as amended, which was subsequently repealed but was succeeded by provisions in this article, are included in the annotations for this article.
GEORGIA HOSPITAL AUTHORITIES LAW, O.C.G.A. § 31-7-70 ET SEQ., IS CONSTITUTIONAL. Cheely v. State, 251 Ga. 685, 309 S.E.2d 128 (1983).
HOSPITAL AUTHORITIES CREATED UNDER THE LAW ARE LOCAL, NOT STATE, INSTRUMENTALITIES. Fulton-DeKalb Hosp. Auth. v. Gaither, 241 Ga. 572, 247 S.E.2d 89 (1978).
Hospital authority was a local, not state, instrumentality, and was not entitled to immunity under the Eleventh Amendment in a federal civil rights act suit brought by a paramedic against the authority. Baxter v. Fulton-DeKalb Hosp. Auth., 764 F. Supp. 1510 (N.D. Ga. 1991).
HOSPITAL AUTHORITY NOT WITHIN WORKERS' COMPENSATION DEFINITION OF "EMPLOYER". --Local hospital authority is an instrumentality of the county and not of the state and, therefore, it is not covered by Workmen's (now Workers') Compensation Law under the law's definition of "employer" as a state instrumentality. Fulton-DeKalb Hosp. Auth. v. Gaither, 241 Ga. 572, 247 S.E.2d 89 (1978).
HOSPITAL AUTHORITIES ARE SUBJECT TO "OPEN RECORDS" LAW. Cox Enters., Inc. v. Carroll City/County Hosp. Auth., 247 Ga. 39, 273 S.E.2d 841 (1981).
HOSPITALS OPERATED BY AUTHORITIES ARE SUBJECT TO EXAMINATION by grand juries as facilities of county. Cox Enters., Inc. v. Carroll City/County Hosp. Auth., 247 Ga. 39, 273 S.E.2d 841 (1981).
HOSPITAL AUTHORITIES ARE EXEMPT FROM SALES AND USE TAXES. Cox Enters., Inc. v. Carroll City/County Hosp. Auth., 247 Ga. 39, 273 S.E.2d 841 (1981).
HOSPITAL AUTHORITIES ARE EXEMPT FROM GEORGIA BUSINESS CORPORATION CODE. --Phrase "corporations engaged in any business" in Ga. L. 1975, p. 190, § 1 (see O.C.G.A. § 34-9-4) includes only those corporations governed by the Georgia Business Corporation Code (see O.C.G.A. Ch. 2, T. 14). Hospital authorities are not governed by the Georgia Business Corporation Code, but are expressly exempted therefrom. Fulton-DeKalb Hosp. Auth. v. Gaither, 241 Ga. 572, 247 S.E.2d 89 (1978).
EXEMPTION FROM AD VALOREM TAXATION. --Hospital authority property is public property and, as such, is exempt from ad valorem taxation. Cox Enters., Inc. v. Carroll City/County Hosp. Auth., 247 Ga. 39, 273 S.E.2d 841 (1981).
HOSPITAL AUTHORITY CANNOT SUE FOR LIBEL. Cox Enters., Inc. v. Carroll City/County Hosp. Auth., 247 Ga. 39, 273 S.E.2d 841 (1981).
HOSPITAL AUTHORITIES SUBJECT TO NEGLIGENCE SUITS BY PATIENTS. --Hospital authority is subject to suit for damages resulting from personal injury the hospital negligently inflicts upon one of the hospital's patients or for the negligent actions of the hospital's agents, servants, or employees. Hospital Auth. v. Shubert, 96 Ga. App. 222, 99 S.E.2d 708 (1957) (decided under former Ga. L. 1941, p. 241, as amended); but see Hall v. Hospital Auth., 93 Ga. App. 319, 91 S.E.2d 530 (1956).
Hospital authority is subject to suit for damages for personal injuries to patients resulting from negligence of the hospital's agents, servants, or employees. Hospital Auth. v. Misfeldt, 99 Ga. App. 702, 109 S.E.2d 816 (1959) (decided under former Ga. L. 1941, p. 241, as amended); but see Hall v. Hospital Auth., 93 Ga. App. 319, 91 S.E.2d 530 (1956).
HOSPITAL AUTHORITY NOT SUBJECT TO TORT SUITS. --State has right to delegate to public corporation the governmental right and duty which the state has to protect and preserve the health of the state's citizens; when the state properly does so the corporation maintaining and operating a hospital under such delegated authority, not for profit, is in the exercise of a governmental function and not subject to suit in a tort action. Hall v. Hospital Auth., 93 Ga. App. 319, 91 S.E.2d 530 (1956) (decided under former Ga. L. 1941, p. 241, as amended); but see Hospital Auth. v. Shubert, 96 Ga. App. 222, 99 S.E.2d 708 (1957); Hospital Auth. v. Misfeldt, 99 Ga. App. 702, 109 S.E.2d 816 (1959).
Hospital authorities established pursuant to the Hospital Authorities Law, O.C.G.A. § 31-7-70 et seq., are entitled to the defense of governmental immunity except to the extent there has been a waiver under the state constitution. Hospital Auth. v. Litterilla, 199 Ga. App. 345, 404 S.E.2d 796 (1991).
CITED in Medical Ctr. Hosp. Auth. v. Andrews, 162 Ga. App. 687, 292 S.E.2d 197 (1982).
OPINIONS OF THE ATTORNEY GENERAL
HOSPITAL AUTHORITY WITHIN DEFINITION OF AN OPERATION FOR PURELY CHARITABLE PURPOSES. --County hospital authority established and operated pursuant to provisions of the Hospital Authorities Law comes within definition of an operation for purely charitable purposes. 1968 Op. Att'y Gen. No. 68-280.
APPLICABILITY OF FAIR LABOR STANDARDS ACT TO EMPLOYEES OF HOSPITAL AUTHORITIES. --Hospital authorities are subject to minimum wage and maximum hours provisions of Fair Labor Standards Act, 29 U.S.C., with respect to employees employed in any hospital or related institution, school for physically or mentally handicapped or gifted children, or any institution of higher learning. 1965-66 Op. Att'y Gen. No. 66-249.
STATE HAS NO JURISDICTION OVER COUNTY HOSPITAL AUTHORITY EXCEPT STATE AUDITOR PRESCRIBES FORMS FOR ANNUAL REPORT. 1945-47 Op. Att'y Gen. p. 65.
COUNTY HOSPITAL AUTHORITY IS AUTHORIZED TO MAKE TERM LOANS. 1969 Op. Att'y Gen. No. 69-9.
AUTHORITY MAY CONTRACT WITH PRIVATE AMBULANCE SERVICE FOR BACK-UP SERVICE. --Hospital Authority may enter into contract with private ambulance service, on trip by trip basis, to provide for back-up ambulance service for the Authority. 1970 Op. Att'y Gen. No. 70-200.
LOCAL GOVERNMENT INVESTMENT POOL. --Hospital authorities created pursuant to O.C.G.A. Art. 4, Ch. 7, T. 31 are not eligible to participate in the local government investment pool created by O.C.G.A. § 36-83-8. 1982 Op. Att'y Gen. No. 82-78.
AUTHORITY TO ACQUIRE OR BUILD DORMITORY-TYPE FACILITY FOR ELDERLY. --Hospital authority is authorized under O.C.G.A. Art. 4, Ch. 7, T. 31 to acquire or build a dormitory-type facility for the elderly. 1984 Op. Att'y Gen. No. U84-9.
CONSTRUCTION WITH RESIDENTIAL CARE FACILITIES FOR ELDERLY AUTHORITIES ACT. --Hospital Authorities Law, O.C.G.A. § 31-7-70 et seq., and the Residential Care Facilities for the Elderly Authorities Act, O.C.G.A. § 31-7-110 et seq., should not be viewed as mutually exclusive and may be harmonized. 1984 Op. Att'y Gen. No. U84-9.
While both the Hospital Authorities Law, O.C.G.A. § 31-7-70 et seq., and the Residential Care Facilities for the Elderly Authorities Act, O.C.G.A. § 31-7-110 et seq., allow either authority to acquire or build a facility, a Residential Care Facilities for the Elderly Authority, as opposed to a Hospital Authority, may not operate a facility. 1984 Op. Att'y Gen. No. U84-9.
DISPOSITION OF SURPLUS FUNDS. --County hospital authority may remit surplus funds to the authority's participating units only in a manner acceptable to all parties and, in the alternative, may expend the authority's surplus funds in accord with the authority's permitted activities under the Hospital Authorities Law, O.C.G.A. § 31-7-70 et seq. 1987 Op. Att'y Gen. No. U87-19.
HOSPITAL AS "EMPLOYER" UNDER PEACE OFFICER AND ANNUITY BENEFIT FUND. --Hospital authority does not satisfy the statutory definition of an "employer" under the act governing the Peace Officer and Annuity Benefit Fund and, therefore, the authority's security personnel are not entitled to membership in that Fund. 1991 Op. Att'y Gen. No. U91-12.