Georgia Society of Ambulatory Surgery Centers v. Georgia Department of Community Health
309 Ga. App. 31
Ga. Ct. App.2011Background
- GSASC sued DCH for declaratory judgment and injunctive relief, challenging a 2009 DCH annual survey of ambulatory surgical centers.
- Disputed Requests sought information beyond the scope of OCGA § 31-6-70, including patient demographics, payer mix, CPT codes, and county of residence.
- ASCs with LNRs were required to provide the same annual survey information as CON facilities under 2008 amendments to OCGA § 31-6-70.
- Trial court denied GSASC’s request for interlocutory relief; GSASC appealed asserting overbreadth of the Disputed Requests.
- Georgia Court of Appeals reversed, holding the Disputed Requests exceeded statutory authority and were not authorized by OCGA § 31-6-70 or § 31-6-70(d).
- Dissent argued exhaustion of administrative remedies was required, citing Lane and related authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Disputed Requests exceed OCGA § 31-6-70 scope | GSASC contends the Disputed Requests go beyond § 31-6-70(b)-(d). | DCH argues broad authority via § 31-6-70(d) and § 31-6-21(b)(5)/(8) to collect information. | Disputed Requests exceed statutory scope; reverse denial of injunction. |
| Whether exhaustion of administrative remedies is required | Lane futility/Hotels.com exhausted authority issue; no need to exhaust. | Exhaustion required before seeking judicial review unless futile. | Exhaustion not required; declaratory judgment proper; reversal affirmed. |
| Proper interpretation of OCGA § 31-6-70 in light of § 31-6-70(b) and (d) | Statute lists specific categories; DCH cannot add beyond them. | DCH may add categories within annual survey under overarching authority. | Statute controls; DCH cannot add beyond enumerated categories. |
Key Cases Cited
- Lane v. Glynn County Bd. of Ed., 261 Ga. 544 (1991) (exhaustion futile when reviewing body prejudged issue)
- Hotels.com v. Hotels.com, 285 Ga. 231 (2009) (declaratory relief available to challenge agency power)
- Cerulean Co. v. Tiller, 271 Ga. 65 (1999) (exhaustion not required when agency remedies exist and are adequate)
- Albany Surgical v. Dept. of Community Health, 257 Ga.App. 636 (2002) (limits of CON program and need-related authority)
- North Fulton Medical Ctr. v. Stephenson, 269 Ga. 540 (1998) (statutory interpretation giving statute its full meaning)
- Cravey v. Southeastern Underwriters Assn., 214 Ga. 450 (1958) (exhaustion principles and agency power context)
- Beacon Med. Prod. v. Travelers Cas., etc. of Am., 292 Ga.App. 617 (2008) (administrative rule validity relative to statute)