HEALTH State Health Planning and Development: Amend Title 31 of the Official Code of Georgia Annotated, Relating to Health, so as to Provide for Extensive Revision of the Certificate of Need Program; Revise and Add Definitions; Revise the Declaration of Policy for State Health Planning; Revise the Composition and Duties of the Health Strategies Council; Revise the Duties of the Department of Community Health; Revise Provisions Relating to Requirements for Certificate of Need; Provide for Destination Cancer Hospitals; Allow for Set Times to Accept Applications for Capital Projects; Provide for the Establishment of Conditions for Approval of a Certificate of Need; Change Certain Provisions Relating to Perinatal Services; Provide for Certain Facilities to Divide; Change Certain Provisions Relating to Considerations; Provide for a Letter of Intent for Proposed New Clinical Health Services; Provide for Batching and Comparative Review of Applications for Clinical Health services; Revise Provisions Relating to Time Frames for Review of Applications; Provide for the Imposition of a Temporary Moratorium on the Issuance of Certificates of Need for New and Emerging Health Care Services; Reassign the Hearing Functions from the Health Planning Review Board to a Certificate of Need Appeal Panel; Revise Provisions Relating to Judicial Review of Final Agency Decision; Add Grounds for Which a Certificate of Need May Be Revoked; Provide That a Portion of a Certificate of Need May Be Revoked Under Certain Circumstances; Increase the Penalties for Services Conducted Without a Required Certificate of Need; Provide for Investigating Authority of the Department; Provide That Applicants for Certificates of Need May Be Required to Participate as a Provider of Medical Assistance for Purposes of Medicaid; Change Certain Provisions Relating to an Annual Report; Add, Revise, and Delete Certain Exemptions to the Certificate of Need Requirements; Authorize the Department of Community Health to Require Notice and its Certification That an Activity Is Exempt from the Certificate of Need Requirements; Provide for the Transfer of Certain Functions Relating to the State Health Plan to the Board of Community Health from the Health Strategies Council; Abolish the Health Planning Review Board; Transfer Pending Matters of the Health Planning Review Board to the Certificate of Need Appeal Panel; Revise a Provision Relating to Application of Review Procedures to Expenditures Under a Federal Law; Require Health Care Facilities and Other Entities to Submit Annual Reports to the Department of Community Health; Increase the Penalties for Untimely and Incomplete Reports; Transfer Licensing of Hospitals and Other Health Care Facilities from the Department of Human Resources to the Department of Community Health; Provide for Transition; Provide for Licensure Standards on a Clinical Service Level for Hospitals and Related Institutions; Amend Various Other Titles of the Official Code of Georgia Annotated so as Revise Provisions for Purposes of Conformity; Provide for Related Matters; Provide for an Effective Date; Repeal Conflicting Laws; and for Other Purposes

Authors

Georgia State University Law Review

Document Type

Peach Sheet

Abstract

The Act defines destination cancer hospital and includes this type of hospital within the definition of health care facility. A destination cancer hospital will not be required to apply for or obtain certificates of need for new institutional health services. The Act requires destination cancer hospitals to provide a minimum amount of uncompensated, charitable care to Georgia residents and provides for fines if less than 65% if its patients are not Georgia residents. The Act classifies general surgeons as a single specialty for purposes of the certificate of need process. The Act allows two closely related specialties to be classified as a single specialty practice. The Act provides for charity and indigent care obligations for ambulatory surgical centers. The Act facilitates joint venture ambulatory surgical centers between hospitals and doctors.

Recommended Citation

Georgia State University Law Review, HEALTH State Health Planning and Development: Amend Title 31 of the Official Code of Georgia Annotated, Relating to Health, so as to Provide for Extensive Revision of the Certificate of Need Program; Revise and Add Definitions; Revise the Declaration of Policy for State Health Planning; Revise the Composition and Duties of the Health Strategies Council; Revise the Duties of the Department of Community Health; Revise Provisions Relating to Requirements for Certificate of Need; Provide for Destination Cancer Hospitals; Allow for Set Times to Accept Applications for Capital Projects; Provide for the Establishment of Conditions for Approval of a Certificate of Need; Change Certain Provisions Relating to Perinatal Services; Provide for Certain Facilities to Divide; Change Certain Provisions Relating to Considerations; Provide for a Letter of Intent for Proposed New Clinical Health Services; Provide for Batching and Comparative Review of Applications for Clinical Health services; Revise Provisions Relating to Time Frames for Review of Applications; Provide for the Imposition of a Temporary Moratorium on the Issuance of Certificates of Need for New and Emerging Health Care Services; Reassign the Hearing Functions from the Health Planning Review Board to a Certificate of Need Appeal Panel; Revise Provisions Relating to Judicial Review of Final Agency Decision; Add Grounds for Which a Certificate of Need May Be Revoked; Provide That a Portion of a Certificate of Need May Be Revoked Under Certain Circumstances; Increase the Penalties for Services Conducted Without a Required Certificate of Need; Provide for Investigating Authority of the Department; Provide That Applicants for Certificates of Need May Be Required to Participate as a Provider of Medical Assistance for Purposes of Medicaid; Change Certain Provisions Relating to an Annual Report; Add, Revise, and Delete Certain Exemptions to the Certificate of Need Requirements; Authorize the Department of Community Health to Require Notice and its Certification That an Activity Is Exempt from the Certificate of Need Requirements; Provide for the Transfer of Certain Functions Relating to the State Health Plan to the Board of Community Health from the Health Strategies Council; Abolish the Health Planning Review Board; Transfer Pending Matters of the Health Planning Review Board to the Certificate of Need Appeal Panel; Revise a Provision Relating to Application of Review Procedures to Expenditures Under a Federal Law; Require Health Care Facilities and Other Entities to Submit Annual Reports to the Department of Community Health; Increase the Penalties for Untimely and Incomplete Reports; Transfer Licensing of Hospitals and Other Health Care Facilities from the Department of Human Resources to the Department of Community Health; Provide for Transition; Provide for Licensure Standards on a Clinical Service Level for Hospitals and Related Institutions; Amend Various Other Titles of the Official Code of Georgia Annotated so as Revise Provisions for Purposes of Conformity; Provide for Related Matters; Provide for an Effective Date; Repeal Conflicting Laws; and for Other Purposes, 25 Ga. St. U. L. Rev. (2012).
Available at: https://readingroom.law.gsu.edu/gsulr/vol25/iss1/9