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DEPT. OF HUMAN RESOURCES v. NORTHEAST GEORGIA PRIMARY CARE

No. A97A1045.

491 S.E.2d 201 (1997)

228 Ga. App. 130

DEPARTMENT OF HUMAN RESOURCES v. NORTHEAST GEORGIA PRIMARY CARE, INC.

Court of Appeals of Georgia.

Certiorari Denied January 8, 1998.

Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, William C. Joy, Senior Assistant Attorney General, Kevin M. O'Connor, Assistant Attorney General, for appellant.

Whelchel & Dunlap, Madeline S. Wirt, Gainesville, for appellee.

Layfield, Rothschild & Morgan, Jerome M. Rothschild, Columbus, King & Spalding, Richard L. Shackelford, Kristofer R. Schleicher, Atlanta, amici curiae.

BEASLEY, Judge.

Before issuing a license to a "government or governmental agency" for a new ambulance service, OCGA § 31-11-32(d) requires the license officer for the Department of Human Resources (DHR) to establish that, due to inadequate private service, the public's convenience and necessity require the proposed ambulance service. The question in this case is whether a private non-profit corporation which discharges the functions of a hospital authority is...

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