§ 31-7-409. Prospective Operation of Article
Any transaction completed before October 31, 1997, or any transaction that is subject to a pending definitive agreement as of October 31, 1997, and which is either conditioned only upon receipt of regulatory approval, or is subject to a pending judicial proceeding as of April 1, 1997, is not subject to the requirements of this […]
§ 31-7-410. Authority of Attorney General Unaffected
No provision of this article shall derogate from the common law or statutory authority of the Attorney General. History. Code 1981, § 31-7-410 , enacted by Ga. L. 1997, p. 1091, § 1.
§ 31-7-411. Attorney General’s Power Under Article Same as Under Code Section 45-15-17
In connection with the Attorney General’s responsibilities under this article and in connection with the public hearing required by this article, the Attorney General shall have the same power to investigate and issue subpoenas as the Attorney General has with respect to investigations authorized under Code Section 45-15-17. History. Code 1981, § 31-7-411 , enacted […]
§ 31-7-412. Disposition or Acquisition Made in Violation of Requirements of Article Null and Void; Violators Subject to Fine; Attorney General to Instigate Proceedings to Impose Fine Within One Year
Any disposition or acquisition of assets made in violation of the notice, disclosure, and certification requirements of this article shall be null and void, and each nonprofit entity and acquiring entity engaging in such disposition or acquisition shall be subject to a fine of up to $50,000.00, the amount of which shall be determined by […]
§ 31-7-407. Attorney General to Ensure Compliance With Article; Other Persons Not Precluded From Instituting Judicial Proceedings
The Attorney General shall have the authority to ensure compliance with any and all notices, certifications, obligations, and commitments which are required to be made in connection with a transaction under this article and may institute proceedings to enforce such compliance in the superior court of the county in which the main campus of the […]
§ 31-7-407.1. Report of Findings
The Attorney General shall issue a report of findings addressing the issues outlined in Code Section 31-7-406 within 30 days of the public hearing; provided, however, the time for issuing said report may be extended for an additional 30 days if the Attorney General finds there has been a failure by the entities involved in […]
§ 31-7-408. Notice Required Prior to Issuance or Renewal of Permit to Operate Hospital; Permit Subject to Revocation or Suspension for Failure to Comply
No permit to operate a hospital may be issued or renewed under this chapter or any other applicable statute or regulation and a permit which has been issued shall be subject to revocation or suspension if there is a disposition or acquisition of hospital assets as defined in this article without notice first having been […]
§ 31-7-400. Definitions
As used in this article the term: “Acquiring entity” means an individual, business corporation, general partnership, limited partnership, limited liability company, limited liability partnership, joint venture, nonprofit corporation, hospital authority, or any other for profit or not for profit entity which is a purchaser or lessee of an acquisition. “Acquisition” means a purchase or lease […]
§ 31-7-401. Notice to Attorney General of Acquisition
No acquiring entity shall engage in an acquisition without first notifying the Attorney General pursuant to this article. No nonprofit corporation which owns, controls, or operates, directly or indirectly, a hospital having a permit under this chapter shall engage in a disposition without first notifying the Attorney General pursuant to this article. The parties to […]
§ 31-7-402. Content and Form of Notice to Attorney General; Retention of Experts; Payment of Costs and Expenses
Notice to the Attorney General required by this article shall include the name of the seller or lessor; the name of the acquiring entity and other parties to the acquisition; the county in which the main campus of the hospital is located; the terms of the proposed agreement and any related agreements including leases, management […]