Georgia Code
Article 3 - Certificate of Need Program
§ 31-6-44.1. [Effective July 1, 2023. See note.] Judicial Review

History. Code 1981, § 31-6-44.1 , enacted by Ga. L. 2008, p. 12, § 1-1/SB 433; Ga. L. 2022, p. 767, § 2-16/HB 916.
Delayed effective date.
This Code section, as set out above, is effective July 1, 2023. For version effective until July 1, 2023, see the preceding version of this Code section.
The 2022 amendment, effective July 1, 2023, in subsection (b), substituted the present first two sentences for the former first sentence, which read: “In the event a party seeks judicial review, the department shall, within 30 days of the filing of the notice of appeal with the superior court, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case has been appealed.”, in the present third sentence, substituted “provided, however, that,” for “provided, however,”, and in the last sentence, substituted “court disposing” for “court dispositive”. See Editor’s notes for applicability.
Editor’s notes.
Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.

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