§ 31-44-12. Deposit of Collected Penalties
A civil or administrative penalty collected under this chapter shall be deposited in the state treasury to the general fund. History. Code 1981, § 31-44-12 , enacted by Ga. L. 2000, p. 526, § 1. Code Commission notes. Ga. L. 2000, p. 126, § 1, Ga. L. 2000, p. 526, § 1, and Ga. L. […]
§ 31-44-13. Temporary Management of Facilities
A person holding a controlling interest in an end stage renal disease facility may, at any time, request the department to assume the management of the facility through the appointment of a temporary manager under this chapter. After receiving the request, the department may enter into an agreement providing for the appointment of a temporary […]
§ 31-44-14. Action to Enjoin Operation of Facility
The department may request that the Attorney General bring an action to enjoin either the continued operation of the facility or the closing of the facility in the superior court of the county in which an end stage renal disease facility is located in the name of and on behalf of the state or for […]
§ 31-44-15. Fee of Temporary Manager
A temporary manager appointed under Code Section 31-44-13 or 31-44-14 is entitled to a reasonable fee as determined by the court. The fee shall be paid by the facility. A temporary manager appointed under Code Section 31-44-13 may petition the court to order the release to such manager of any payment owed such manager for […]
§ 31-44-1. Definitions
As used in this chapter, the term: “Board” means the Board of Community Health. “Department” means the Department of Community Health. “Dialysis” means a process by which dissolved substances are removed from a patient’s body by diffusion, osmosis, and convection (ultrafiltration) from one fluid compartment to another across a semipermeable membrane. “Dialysis technician” means an […]
§ 31-44-2. Fees
The board shall set fees imposed by this chapter in amounts reasonable and necessary to defray the costs of administering this chapter with due consideration to the amount of funds received from the federal government by the department for performance of medicare certification surveys of dialysis clinics. In setting fees under this Code section, the […]
§ 31-44-3. Adoption of Rules
The board shall adopt rules to implement this chapter, including but not limited to requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility. The rules adopted by the board pursuant to this Code section shall not conflict with any federal law or regulation applicable […]
§ 31-44-4. License Required
Except as provided by Code Section 31-44-5, no person, business entity, corporation, or association may operate an end stage renal disease facility without a license issued under this chapter. Any end stage renal disease facility which is in operation when this chapter becomes effective for all purposes, and which has been certified for participation in […]
§ 31-44-5. Exceptions to Licensing Requirement
The following facilities are not required to be licensed under this chapter: A hospital permitted under Chapter 7 of this title that provides dialysis to individuals receiving services from the hospital; The office of a physician unless the office is used primarily as an end stage renal disease facility; or Federal or state agency facilities. […]
§ 31-44-6. Application for License; Fee; Evidence of Qualified Staff; Temporary Provisional License; Issuance of License; Renewability of License
An applicant for a license under this chapter must submit an application to the department on a form prescribed by the department. Each application must be accompanied by a nonrefundable $100.00 application fee. Each application must contain evidence that there are sufficient qualified staff at the facility. The department may grant a temporary provisional license […]