Georgia Code
Chapter 2 - Department of Community Health
§ 31-2-8. Actions Against Certain Applicants or Licensees

In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public.
History. Code 1981, § 31-2-6 , enacted by Ga. L. 1991, p. 341, § 1; Ga. L. 1993, p. 1290, § 1; Ga. L. 1994, p. 1856, § 1; Ga. L. 1999, p. 296, § 24; Ga. L. 2000, p. 526, § 2; Ga. L. 2001, p. 1230, § 1; Ga. L. 2003, p. 298, § 2; Ga. L. 2003, p. 558, § 1; Code 1981, § 31-2-11 , as redesignated by Ga. L. 2009, p. 453, § 1-1/HB 228; Code 1981, § 31-2-8 , as redesignated by Ga. L. 2011, p. 705, § 4-4/HB 214; Ga. L. 2020, p. 95, § 3/HB 987; Ga. L. 2021, p. 922, § 31/HB 497.
The 2020 amendment, effective June 30, 2020, rewrote paragraph (c)(6), which read: “Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity, except that no fine may be imposed against any nursing facility, nursing home, or intermediate care facility which is subject to intermediate sanctions under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, whether or not those sanctions are actually imposed; or”; and added “or to avert the payment of fines assessed by the department pursuant to this Code section” at the end of subsection (e).
The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, in subparagraph (c)(6)(B), substituted “of a long-term care facility” for “of long-term care facility” in the middle of the first sentence, and revised punctuation in the second sentence.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1991, “ 42 U.S.C. Section 1396r(h)(2)(A)” was substituted for “ 42 U.S.C. Section 1396r(h)(2)(a)” in paragraph (c)(6).
Pursuant to Code Section 28-9-5, in 2000, “44” was substituted for “43” in subsection (a).
Pursuant to Code Section 28-9-5, in 2006, the substitution of “23, and 44” for “and 23” was retained in subsection (a) due to the elimination of the repeal of T. 31, Ch. 44, in accordance with Ga. L. 2005, p. 1194, § 1.
Editor’s notes.
Ga. L. 2003, p. 298, § 3(b), not codified by the General Assembly, provided that the first 2003 amendment became effective July 1 of the fiscal year following the year in which funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. Funds were appropriated at the 2007 session of the General Assembly, and thus the first 2003 amendment became effective July 1, 2008.
Ga. L. 2005, p. 1194, § 1/SB 48, not codified by the General Assembly, provides: “(b) The following provision of law is repealed:
Section 4 of an Act amending Title 31 of the Official Code of Georgia Annotated, relating to health, approved April 20, 2000 (Ga. L. 2000, p. 526), which now repealed section would have provided for a future repeal or sunset of certain provisions relating to renal dialysis facilities.” This 2005 law effectively repeals the automatic repeal provision of Ga. L. 2000, p. 526.
Ga. L. 2011, p. 705, § 3-2/HB 214, effective July 1, 2011, redesignated former Code Section 31-2-8 as present Code Section 31-2A-9.
Law reviews.
For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 158 (2001).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).