Georgia Code
Article 3 - Certificate of Need Program
§ 31-6-43. Acceptance or Rejection of Application for Certificate

Following joinder of the first application with subsequent applications, none of the subsequent applications so joined may be considered as a first application for the purposes of future joinder. The department shall notify the applicant to whose application a joinder is ordered and all other applicants previously joined to such application of the fact of each joinder pursuant to this subsection. In the event one or more applications have been joined pursuant to this subsection, the time limits for department action for all of the applicants shall run from the latest date that any one of the joined applications was declared complete for review. In the event of the consideration of one or more applications joined pursuant to this subsection, the department may award no certificate of need or one or more certificates of need to the application or applications, if any, which are consistent with the considerations contained in Code Section 31-6-42, the department’s applicable rules, and the award of which will best satisfy the purposes of this chapter.
History. Code 1981, § 31-6-43 , enacted by Ga. L. 1983, p. 1566, § 1; Ga. L. 1984, p. 22, § 31; Ga. L. 1989, p. 1317, §§ 6.15, 6.16; Ga. L. 1999, p. 296, § 22; Ga. L. 2008, p. 12, § 1-1/SB 433; Ga. L. 2008, p. 181, § 15/HB 1216; Ga. L. 2012, p. 775, § 31/HB 942; Ga. L. 2019, p. 148, § 1-8/HB 186.
The 2019 amendment, effective July 1, 2019, designated the existing provisions of subsection (d) as paragraph (d)(1); added paragraph (d)(2); and, in subsection (h), substituted “permitted to oppose an application pursuant to paragraph (2) of subsection (d) of this Code section” for “opposed to an application” in the third sentence and substituted “any such” for “an” near the beginning of the fourth sentence.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2008, subsection (g), as enacted by Ga. L. 2008, p. 12, § 1-1, was redesignated as subsection (k).
Editor’s notes.
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.

Structure Georgia Code

Georgia Code

Title 31 - Health

Chapter 6 - State Health Planning and Development

Article 3 - Certificate of Need Program

§ 31-6-40. Certificate of Need Required for New Institutional Health Services; Exemption

§ 31-6-40.1. Acquisition of Health Care Facilities; Penalty for Failure to Notify Department; Limitation on Applications; Agreement to Care for Indigent Patients; Requirements for Destination Cancer Hospitals; Notice and Hearing Provisions for Penalt...

§ 31-6-40.2. New Perinatal Services

§ 31-6-40.3. Conversion of Destination Cancer Hospital to General Cancer Hospital; Procedure; Requirements

§ 31-6-41. Scope and Term of Validity of Certificate

§ 31-6-42. Qualifications for Issuance of Certificate

§ 31-6-42.1. Payment of Obligations Prior to Granting or Modifying a Certificate of Need

§ 31-6-43. Acceptance or Rejection of Application for Certificate

§ 31-6-44. Certificate of Need Appeal Panel

§ 31-6-44.1. [Effective Until July 1, 2023. See note.] Judicial Review

§ 31-6-44.1. [Effective July 1, 2023. See note.] Judicial Review

§ 31-6-45. Revocation of Certificate of Need; Enforcement of Chapter; Regulatory Investigations and Examinations

§ 31-6-45.1. Automatic Revocation of Certificate of Need or Authority

§ 31-6-45.2. Participation as Medicaid Provider Requirement; Termination by Health Care Facility of Participation as Provider of Medical Assistance; Monetary Penalty

§ 31-6-46. Annual Report by Department

§ 31-6-47. Exemptions From Chapter

§ 31-6-47.1. Prior Notice and Approval of Certain Activities

§ 31-6-48. Prior Entities Abolished; Transfer of Contractual Obligations

§ 31-6-49. Transitional Provisions

§ 31-6-50. Application of Review Procedures to Expenditures Under Section 1122 of the Federal Social Security Act