Justia Health Law Opinion Summaries

GSASC filed a complaint against appellants for declaratory judgment and injunctive relief. GSASC requested a declaration that a 2009 annual survey issued by DCH to single-specialty, physician-owned ASCs sought information beyond the scope of OCGA 31-6-70. GSASC further requested interlocutory and permanent injunctive relief preventing DCH from requiring GSASC's members to respond to certain disputed requests in the 2009 survey. The Court of Appeals concluded that DCH did not have statutory authority to include the disputed requests in the 2009 survey and also rejected an alternative basis for affirmance when it determined that GSASC and its members were not required to exhaust administrative remedies because it would be futile and because GSASC was challenging DCH's authority and power to act. Because neither exception upon which the Court of Appeals relied to dispense with the exhaustion requirement was applicable, the court reversed its judgment and remanded the case to that court for further proceedings. View "GA Dept. of Community Health, et al. v. GA Society of Ambulatory Surgery Centers" on Justia Law