Rule 111-8-40-.03 - Hospital Permit RequirementNo person, corporation, association, or other entity shall establish, operate, or maintain a hospital in Georgia without a permit or provisional permit.
(a) A permit is required for each hospital. Multi-building hospitals may request a single permit to include all buildings provided that the hospital buildings are in close proximity to each other, the facilities serve patients in the same geographical area, and the facilities are operated under the same ownership, control, and bylaws.1. Services offered in separate buildings or on separate premises, which do not by themselves meet the definition of a hospital, including, but not limited to, satellite urgent care centers, outpatient or mammography clinics, or hospital-owned physicians' offices, shall be considered organized services of the hospital for the purposes of these rules.2. Only those services operated by the hospital under the permit as approved by the Department shall be presented to the public as a service of the hospital.(b) A permit, either continuing or provisional, is required prior to the admission of any patients or initiation of any patient care services in the hospital. A provisional permit may be issued for a limited time to a newly established hospital to allow the hospital to demonstrate that its operational procedures equal standards specified by the rules.(c) The permit shall designate the classification of the hospital as determined by the Department following evaluation of the hospital's services and in accordance with the Certificate of Need.1. The classification shall be one of the following:(i) Classification as a general hospital means a facility meets the definition of a hospital and provides continuous care for a variety of patients who have a variety of medical conditions. A critical access hospital shall fall under the general hospital classification;(ii) Classification as a specialized hospital means a facility that meets the definition of a hospital and provides care to a specialized or specified group of patients and/or patients who have specified conditions. The type of specialization shall be designated on the hospital permit; or(iii) Classification as a Rural Free Standing Emergency Department.2. If changes occur in the organized services offered by the hospital, including the addition of any services requiring CON review or off-campus service locations, the hospital's administrator or governing body shall submit to the Department a new description of services at least thirty (30) days prior to the change. Change in the classification of the hospital shall require application for a new permit.(d) To be eligible for a permit the hospital shall be in substantial compliance with these rules and regulations and any provisions of law as applicable to the construction and operation of the hospital. In its discretion, the Department may issue a provisional permit for a limited time to a new or existing hospital to allow the hospital a reasonable length of time to come into compliance with these rules provided the Department has received an acceptable plan of correction.(e) The permit issued to the hospital shall be prominently displayed in a public area of the hospital at all times.(f) A permit is not transferable from one governing body to another nor from one hospital location to another.(g) If the hospital anticipates that it will close or cease to operate, the governing body shall notify the Department at least thirty (30) days prior to the anticipated closure.1. Prior to hospital closure, the hospital shall inform the Department of the planned storage location for patients' medical records, medical staff information, and other critical information after closure. The hospital shall publish in a widely circulated newspaper(s) in the hospital's service area a notice indicating where medical records and other critical information can be retrieved and shall notify the Department of Transportation of the anticipated date of closure for removal of the hospital locator signs. Following closure, the Department shall be notified of any change in location of the patients' medical records, medical staff information, and other critical information from the published location.2. When the hospital ceases to operate, the permit shall be returned to the Department within ten (10) days of closure. The permit shall be considered revoked, unless placed on inactive status as described in these rules.3. If the hospital is closing for a period of less than twelve (12) months, and plans to reopen under the same ownership, name, classification, and bed capacity, the hospital may request to have the permit placed on temporary inactive status. (i) When placed on temporary inactive status, the permit shall be returned to the Department within ten (10) days of closure and the hospital shall not operate until the permit has been reactivated. The hospital shall notify the Department of Transportation of the intended closure.(ii) The hospital shall request in writing that the permit be reactivated at least thirty (30) days prior to the desired date of reopening. Prior to reactivation of the permit, the hospital may be subject to inspection by the Department. If the permit is not reactivated within twelve (12) months, the permit shall be considered revoked.(h) A new permit may be obtained by application to the Department and is required if the hospital is moved to another location, has a change in operational or trade name, has a change in ownership or classification, or has a change in the authorized bed capacity. The former permit shall be considered revoked upon the issue of a new permit and the former permit shall be returned to the Department.(i) A permit shall remain in effect unless suspended or revoked or otherwise rescinded or removed as provided in these rules.Ga. Comp. R. & Regs. R. 111-8-40-.03
O.C.G.A. §§ 31-7-1, 31-7-2, 31-7-2.1 and 31-7-3.
Original Rule entitled "Hospital Permit Requirement" adopted. F. Feb. 20, 2013; eff. Mar. 12, 2013.Amended: F. Apr. 29, 2014; eff. May 19, 2014.