Georgia Code
Article 3 - Certificate of Need Program
§ 31-6-40. Certificate of Need Required for New Institutional Health Services; Exemption

Noncompliance with any condition of this paragraph shall result in a monetary penalty in the amount of the difference between the services which the center is required to provide and the amount actually provided and may be subject to revocation of its exemption status by the department for repeated failure to pay any fees or moneys due to the department or for repeated failure to produce data as required by Code Section 31-6-70 after notice to the exemption holder and a fair hearing pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The dollar amount specified in this paragraph shall be adjusted annually by an amount calculated by multiplying such dollar amount (as adjusted for the preceding year) by the annual percentage of change in the consumer price index, or its successor or appropriate replacement index, if any, published by the United States Department of Labor for the preceding calendar year, commencing on July 1, 2009. In calculating the dollar amounts of a proposed project for the purposes of this paragraph, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites. Subparagraph (B) of this paragraph shall not apply to facilities offering ophthalmic ambulatory surgery pursuant to the exclusion designated on June 30, 2008, as division (14)(G)(iii) of Code Section 31-6-2 that are owned by physicians in the practice of ophthalmology.
History. Code 1981, § 31-6-40 , enacted by Ga. L. 1983, p. 1566, § 1; Ga. L. 1991, p. 1871, § 6; Ga. L. 1999, p. 296, § 22; Ga. L. 2008, p. 12, § 1-1/SB 433; Ga. L. 2009, p. 8, § 31/SB 46; Ga. L. 2019, p. 148, § 1-4/HB 186.
The 2019 amendment, effective July 1, 2019, rewrote subsection (a); deleted former subparagraph (c)(2)(A), which read: “Provide notice to the department of the name, ownership, location, single specialty, and services provided in the exempt facility;”; substituted “(A) Provide” for “(B) Beginning on January 1, 2009, provide”; redesignated former subparagraph (c)(2)(C) as present subparagraph (c)(2)(B); and substituted “Subparagraph (B)” for “Subparagraph (C)” at the beginning of the last sentence of the undesignated paragraph of subparagraph (c)(2)(B).
Cross references.
Licensed hospice exempt from certificate of need requirement, § 31-7-179 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2008, “a” was deleted following “no case shall” in the seventh sentence of subsection (d).
Editor’s notes.
By resolution (Ga. L. 1990, p. 970), the General Assembly directed the State Health Planning Agency to make certain studies and reports and to update its rules and regulations.
Ga. L. 2008, p. 12, § 3-1/SB 433, not codified by the General Assembly, provides that the amendment to this Code section shall only apply to applications submitted on or after July 1, 2008.
For application of this statute in 2020, see Executive Order 03.20.20.02.
A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.
Law reviews.
For annual survey on administrative law, see 69 Mercer L. Rev. 15 (2017).
For annual survey on administrative law, see 70 Mercer L. Rev. 1 (2018).
For article with annual survey on administrative law, see 73 Mercer L. Rev. 1 (2021).