08 LC 35
0790S
House
Bill 967 (COMMITTEE SUBSTITUTE)
By:
Representatives Martin of the
47th,
Barnard of the
166th,
and Forster of the
3rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating
to exemptions from the certificate of need program, so as to exempt prisons and
other secure correctional institutions of the Department of Corrections and the
Department of Juvenile Justice from certificate of need requirements; to provide
for legislative findings; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly finds that the safety of the citizens of this state is an
important and primary goal for the well-being of this state. The General
Assembly also recognizes that there is an obligation to provide certain medical
treatment to prisoners in penal institutions in this state. The General
Assembly further finds that transporting prisoners to community hospitals for
medical treatment presents a difficult situation of controlling the detainment
of prisoners while ensuring the safety of the general public. To this end, some
penal institutions may elect to establish medical facilities in such
institutions to provide the most secure option for rendering medical treatment
to prisoners. It is the belief of the General Assembly that for purposes of
public safety and because these medical facilities do not compete with hospitals
open to the public, penal institutions should not have to obtain a certificate
of need for the establishment of such medical facilities.
SECTION
2.
Code
Section 31-6-47 of the Official Code of Georgia Annotated, relating to
exemptions from the certificate of need program, is amended by striking the
"and" at the end of paragraph (15) of subsection (a), by striking the period at
the end of paragraph (16) of subsection (a) and replacing it with "; and", and
by adding a new paragraph to the end of subsection (a) to read as
follows:
"(17)
Infirmaries or facilities operated by, on behalf of, or under contract with the
Department of Corrections or the Department of Juvenile Justice for the sole and
exclusive purpose of providing health care services in a secure environment to
prisoners within a penal institution, penitentiary, prison, detention center, or
other secure correctional institution. This shall include correctional
institutions operated by private entities in this state which house inmates
under the Department of Corrections or the Department of Juvenile
Justice."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.