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Georgia State Code
Title      31
Chapter       7  
Section Navigation     1 ... 6           7 ... 14    
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    38 ... 56         57 ... 74.3  
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  90.1 ... 111       112 ... 130   
   131 ... 152         153 ... 163   
   164 ... 176.1     177 ... 196   
   197 ... 206       207 ... 257   
   258 ... 282       283 ... 306   
   307 ... 404       405 ... 412     
Section<<< 153 154 155 156 157 158 160 161 162 163 >>>  
Title 31, Chapter 7, Section 155 (31-7-155)

(a) No home health agency initiating service or extending the range of its service area shall be licensed unless the Department of Community Health determines, in accordance with Article 3 of Chapter 6 of this title and regulations pursuant thereto, that there is a need for said services within the area to be served. All home health agencies which were delivering services prior to July 1, 1979, and were certified for participation in either Title XVIII or Title XIX of the federal Social Security Act prior to such date shall be exempt from a certificate of need, except in those instances where expansion of services or service areas is requested by such home health agencies. Such exemption from a certificate of need shall extend to all areas in which a home health agency was licensed by the department to provide services on or before December 31, 1989, except as provided in subsection (b) of this Code section.

(b) Concerning an exemption from a certificate of need pursuant to subsection (a) of this Code section, service areas which were the subject of litigation pending in any court of competent jurisdiction, whether by way of appeal, remand, stay, or otherwise, as of December 31, 1989, shall not be so exempt except as set forth in the final unappealed administrative or judicial decision rendered in such litigation.

(c) Except with respect to a home health agency's service areas which were the subject of litigation pending in any court of competent jurisdiction as of December 31, 1989, the Department of Community Health shall not consider any request for or issue a determination of an exemption from a certificate of need pursuant to this Code section after December 31, 1989.

Saturday May 23 19:45 EDT


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