31-44-14. Action to enjoin operation or closure of a facility or for appointment of a temporary manager.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

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 the appointment of a temporary manager to manage that end stage renal disease facility if:
(1)
The facility is operating without a license;#
(2)
The department has denied, suspended, or revoked the facility’s license, but the facility continues to operate;#
(3)
License denial, suspension, or revocation proceedings against the facility are pending and the department determines that an imminent or reasonably foreseeable threat to the health and safety of a patient of the facility exists;#
(4)
The department determines that an emergency exists that presents an immediate threat to the health and safety of a patient of the facility; or#
(5)
The facility is closing and arrangements for the care of patients by other licensed facilities have not been made before closure.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 31-44-14, enacted by Ga. L. 2000, p. 526, § 1.

Editor's notes

For information as to the elimination of a certain future repeal or “sunset” of this Code section, see the Editor’s notes at the beginning of this chapter.

Code Commission notes

Ga. L. 2000, p. 126, § 1, Ga. L. 2000, p. 526, § 1, and Ga. L. 2000, p. 549, § 3 all enacted a Chapter 43 of Title 31. Pursuant to Code Section 28-9-5, in 2000, the chapter enacted by Ga. L. 2000, p. 526, § 1 has been redesignated as Chapter 44 of Title 31 and the Code sections therein redesignated accordingly. The chapter enacted by Ga. L. 2000, p. 549, § 3 has been redesignated as Chapter 45 of Title 31 and the Code sections therein redesignated accordingly.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t31-(v23)-2025-pdf.pdf, Volume V23, 2025 edition, page 1049; merge action: bound only; file SHA-256 ba5a57f85d04.

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