| SB 131 - Assisted Living Facilities - prov. on providing personal care services |
First Reader Summary
A bill to define and provide for a new category of facilities to
be designated as "assisted living facilities" and to include
"assisted living facilities - Level I" and "assisted living
facilities - Level II" within such category; to amend Code
Section 10-1-393 of the Official Code of Georgia Annotated,
relating to unfair or deceptive practices, so as to change
certain provisions relating to providing personal care services.
| Senate |
Action |
House |
| 2/8/99 |
Read 1st time |
|
SB 131 LC 11 9720/1
A BILL TO BE ENTITLED
AN ACT
1- 1 To define and provide for a new category of facilities to be
1- 2 designated as "assisted living facilities" and to include
1- 3 "assisted living facilities - Level I" and "assisted living
1- 4 facilities - Level II" within such category; to amend Code
1- 5 Section 10-1-393 of the Official Code of Georgia Annotated,
1- 6 relating to unfair or deceptive practices, so as to change
1- 7 certain provisions relating to providing personal care
1- 8 services; to amend Code Section 25-2-13 of the Official Code
1- 9 of Georgia Annotated, relating to buildings presenting
1-10 special hazards, so as to change the listing of buildings
1-11 and the applicability of certain provisions thereto; to
1-12 amend Title 31 of the Official Code of Georgia Annotated,
1-13 relating to health, so as to change certain terms and
1-14 definitions; to provide for admissions, examinations,
1-15 inspections, employees, licensing, and staffing; to provide
1-16 for fees and penalties; to provide for licensing of
1-17 different levels of assisted living facilities; to retain
1-18 certain liability for personal care homes; to amend Code
1-19 Section 37-4-21 of the Official Code of Georgia Annotated,
1-20 relating to respite care for mentally retarded persons, so
1-21 as to revise certain terms; to amend Code Section 48-13-9 of
1-22 the Official Code of Georgia Annotated, relating to general
1-23 provisions governing business and occupation taxes, so as to
1-24 change a reference; to change various statutory references
1-25 to "personal care homes" so that they refer to "assisted
1-26 living facilities"; to provide for related matters; to
1-27 provide effective dates; to repeal conflicting laws; and for
1-28 other purposes.
1-29 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-30 SECTION 1.
1-31 Code Section 10-1-393 of the Official Code of Georgia
1-32 Annotated, relating to unfair or deceptive practices, is
1-33 amended by striking paragraph (26) of subsection (b) thereof
1-34 and inserting in its place the following:
-1-
2- 1 "(26) With respect to any individual or facility
2- 2 providing personal care services which requires a
2- 3 license in order to be an assisted living facility:
2- 4 (A) Any person or entity not duly licensed or
2- 5 registered as a personal care home an assisted living
2- 6 facility formally or informally offering, advertising
2- 7 to, or soliciting the public for residents or
2- 8 referrals; or
2- 9 (B) Any personal care home, as defined in subsection
2-10 (a) of Code Section 31-7-12, assisted living facility
2-11 offering, advertising, or soliciting the public to
2-12 provide services:
2-13 (i) Which are outside the scope of personal care
2-14 services that facility's licensed level as an
2-15 assisted living facility; provided, however, that
2-16 assisted living facilities licensed at Level II may
2-17 provide services for residents suitable for Level I;
2-18 and
2-19 (ii) For which it has not been specifically
2-20 authorized.
2-21 Nothing in this subparagraph prohibits advertising by
2-22 a personal care home an assisted living facility for
2-23 services authorized by the Department of Human
2-24 Resources under a waiver or variance pursuant to
2-25 subsection (b) of Code Section 31-2-4; (C) For purposes of this paragraph, 'personal care'
2-27 means protective care and watchful oversight of a
2-28 resident who needs a watchful environment but who does
2-29 not have an illness, injury, or disability which
2-30 requires chronic or convalescent care including
2-31 medical and nursing services.
2-32 For purposes of this paragraph, the term 'assisted
2-33 living facility' shall have the same meaning as provided
2-34 for that term in Code Section 31-7-12. The provisions
2-35 of this paragraph shall be enforced following
2-36 consultation with the Department of Human Resources
2-37 which shall retain primary responsibility for issues
2-38 relating to licensure of any individual or facility
2-39 providing personal care services which is an assisted
2-40 living facility;".
-2-
3- 1 SECTION 2.
3- 2 Code Section 25-2-13 of the Official Code of Georgia
3- 3 Annotated relating to buildings presenting special hazards
3- 4 to persons or property, is amended by striking subparagraph
3- 5 (b)(1)(J) thereof and inserting in its place the following:
3- 6 "(J) Personal care homes Assisted living facilities
3- 7 required to be licensed as such by the Department of
3- 8 Human Resources and having at least seven beds for
3- 9 nonfamily adults, and the Commissioner shall, pursuant
3-10 to Code Section 25-2-4, by rule adopt state minimum
3-11 fire safety standards for those homes assisted living
3-12 facilities, and any structure constructed as or
3-13 converted to a personal care home on or after April
3-14 15, 1986, but before July 1, 1999, and any structure
3-15 constructed as or converted to an assisted living
3-16 facility as defined in Code Section 31-7-12 on or
3-17 after July 1, 1999, shall be deemed to be a proposed
3-18 building pursuant to subsection (d) of Code Section
3-19 25-2-14 and that structure may be required to be
3-20 furnished with a sprinkler system meeting the
3-21 standards established by the Commissioner if he the
3-22 Commissioner deems this necessary for proper fire
3-23 safety."
3-24 SECTION 3.
3-25 Code Section 31-6-2 of the Official Code of Georgia
3-26 Annotated, relating to definitions regarding state health
3-27 planning, is amended by adding following paragraph (1)
3-28 thereof a new paragraph (1.1) to read as follows:
3-29 "(1.1) 'Assisted living facility' shall have the same
3-30 meaning as provided in paragraph (5) of subsection (a)
3-31 of Code Section 31-7-12 for 'assisted living facility -
3-32 Level II' for the purposes of this chapter only."
3-33 SECTION 4.
3-34 Said Code section is further amended by striking paragraph
3-35 (8) thereof and inserting in its place the following:
3-36 "(8) 'Health care facility' means hospitals; other
3-37 special care units, including but not limited to
3-38 podiatric facilities; skilled nursing facilities;
3-39 intermediate care facilities; personal care homes
3-40 assisted living facilities; ambulatory surgical or
3-41 obstetrical facilities; health maintenance
3-42 organizations; home health agencies; diagnostic,
-3-
4- 1 treatment, or rehabilitation centers, but only to the
4- 2 extent that subparagraph (G) or (H), or both
4- 3 subparagraphs (G) and (H), of paragraph (14) of this
4- 4 Code section are applicable thereto; and facilities
4- 5 which are devoted to the provision of treatment and
4- 6 rehabilitative care for periods continuing for 24 hours
4- 7 or longer for persons who have traumatic brain injury,
4- 8 as defined in Code Section 37-3-1."
4- 9 SECTION 5.
4-10 Said Code section is further amended by striking paragraph
4-11 (18) and inserting in its place the following:
4-12 "(18) 'Personal care home' means a residential facility
4-13 having at least 25 beds and providing, for compensation,
4-14 protective care and oversight of ambulatory, nonrelated
4-15 persons who need a monitored environment but who do not
4-16 have injuries or disabilities which require chronic or
4-17 convalescent care, including medical, nursing, or
4-18 intermediate care. Personal care homes include those
4-19 facilities which monitor daily residents' functioning
4-20 and location, have the capability for crisis
4-21 intervention, and provide supervision in areas of
4-22 nutrition, medication, and provision of transient
4-23 medical care. Such term does not include: (A) Old age residences which are devoted to
4-25 independent living units with kitchen facilities in
4-26 which residents have the option of preparing and
4-27 serving some or all of their own meals; or (B) Boarding facilities which do not provide personal
4-29 care Reserved."
4-30 SECTION 6.
4-31 Chapter 7 of Title 31 of the Official Code of Georgia
4-32 Annotated, relating to the regulation of health care
4-33 facilities, is amended by striking subparagraph (B) of
4-34 paragraph (1) of Code Section 31-7-1, relating to
4-35 definitions, and inserting in its place the following:
4-36 "(B) Any building, facility, or place in which are
4-37 provided two or more beds and other facilities and
4-38 services that are used for persons received for
4-39 examination, diagnosis, treatment, surgery, maternity
4-40 care, nursing care, or personal care services, or
4-41 assistance with activities of daily living or
4-42 instrumental activities of daily living as defined in
-4-
5- 1 Code Section 31-7-12 for periods continuing for 24
5- 2 hours or longer and which is classified by the
5- 3 department, as provided for in this chapter, as either
5- 4 a hospital, nursing home, or personal care home
5- 5 assisted living facility;".
5- 6 SECTION 7.
5- 7 Said chapter is further amended by striking Code Section
5- 8 31-7-12, relating to licensing of personal care homes, and
5- 9 inserting in its place the following:
5-10 "31-7-12.
5-11 (a) As used in this Code section, the term: (1) 'Personal care home' means any dwelling, whether
5-13 operated for profit or not, which undertakes through its
5-14 ownership or management to provide or arrange for the
5-15 provision of housing, food service, and one or more
5-16 personal services for two or more adults who are not
5-17 related to the owner or administrator by blood or
5-18 marriage.
5-19 (1) 'Activities of daily living' means, but is not
5-20 limited to, eating, bathing, grooming, dressing,
5-21 toileting, transfer, ambulation, and self administered
5-22 medications.
5-23 (2) 'Ambulatory resident' means a resident who has the
5-24 ability to move from place to place by walking, either
5-25 unaided or aided by prosthesis, brace, cane, crutches,
5-26 walker or hand rails, or by propelling a wheelchair.
5-27 (3) 'Assisted living facility' means any assisted living
5-28 facility- Level I or assisted living facility - Level II
5-29 but shall not mean a respite care facility or any
5-30 facility receiving funds pursuant to a contract or
5-31 subcontract with a regional mental health, mental
5-32 retardation, and substance abuse board and operating
5-33 exclusively for consumers with mental illness, mental
5-34 retardation, or substance abuse problems which is exempt
5-35 from licensure under Code Section 31-7-3. Such facility
5-36 shall be required under its contract with the regional
5-37 mental health, mental retardation, and substance abuse
5-38 board to receive routine monitoring and service
5-39 oversight.
5-40 (4) 'Assisted living facility - Level I' means any
5-41 dwelling, whether operated for profit or not, which
-5-
6- 1 undertakes through its ownership or management to
6- 2 provide or arrange for the provision of housing and 24
6- 3 hour watchful oversight, services for persons with
6- 4 disabilities, and assistance with activities of daily
6- 5 living and instrumental activities of daily living for
6- 6 two or more ambulatory residents who are not related by
6- 7 blood or marriage to the owner or administrator of the
6- 8 home. An assisted living facility - Level I may not
6- 9 provide services for bedridden or bed-bound persons. It
6-10 is the intent of the General Assembly that the category
6-11 'assisted living facility - Level I' replace the former
6-12 'personal care home' category and that the department
6-13 consider this intent when promulgating appropriate rules
6-14 and regulations.
6-15 (5) 'Assisted living facility - Level II' means any
6-16 dwelling, whether operated for profit or not, which
6-17 undertakes through its ownership or management to
6-18 provide or arrange for the provision of housing, health
6-19 care oversight, including monitoring of vital signs and
6-20 bodily functions, limited nursing services of less than
6-21 24 hours duration, 24 hour watchful oversight, 24 hour
6-22 awake staff, and assistance with activities of daily
6-23 living and instrumental activities of daily living for
6-24 two or more adults who are not related by blood or
6-25 marriage to the owner or administrator of the home.
6-26 (6) 'Instrumental activities of daily living' includes,
6-27 but is not limited to, preparing meals, shopping,
6-28 managing money, using the telephone, light housework,
6-29 and transportation.
6-30 (7) 'Limited nursing services' means acts that may be
6-31 performed by licensed practical nurses under Article 2
6-32 of Chapter 26 of Title 43, relating to practical nurses,
6-33 and may be administered on a less than 24 hour
6-34 continuous basis in an assisted living facility - Level
6-35 II for those residents who have been screened, assessed,
6-36 and educated about their long-term care options as
6-37 appropriate for Level II care in accordance with the
6-38 department's rules and regulations.
6-39 (8) 'Personal services' includes, but is not limited to,
6-40 individual assistance with or supervision of
6-41 self-administered medication and essential activities of
6-42 daily living such as eating, bathing, grooming, dressing
6-43 and toileting.
-6-
7- 1 (9) 'Watchful oversight' means, but is not limited to, a
7- 2 daily awareness by the management of an assisted living
7- 3 facility resident's functioning, his or her whereabouts,
7- 4 the making and reminding that resident of medical
7- 5 appointments, the ability and readiness to intervene if
7- 6 a crisis arises for that resident, supervision in areas
7- 7 of nutrition and medications, and actual provision of
7- 8 supportive medical services.
7- 9 (b) All personal care homes assisted living facilities
7-10 shall be licensed as provided for in Code Section 31-7-3,
7-11 except that, in lieu of licensure, the department may
7-12 require persons who operate personal care homes with two
7-13 or three beds for nonfamily adults to comply with
7-14 registration requirements delineated by the department.
7-15 Such registration requirements within this category shall
7-16 authorize the department to promulgate pursuant to Chapter
7-17 13 of Title 50, the 'Georgia Administrative Procedure
7-18 Act,' reasonable standards to protect the health, safety,
7-19 and welfare of the occupants of such personal care homes.
7-20 (b.1) Each prospective resident of an assisted living
7-21 facility shall be examined by a physician not employed by
7-22 the facility prior to admission to that facility. The
7-23 physician shall complete a medical examination report on
7-24 a form approved by the department and submit such form to
7-25 the facility. The report shall contain a certificate that
7-26 such resident is appropriate to the level of care provided
7-27 by the facility before such facility may admit such
7-28 prospective resident. In addition, and in accordance with
7-29 department rules and regulations, each resident shall be
7-30 screened, assessed, and educated about his or her
7-31 long-term care options and appropriateness for Level - II
7-32 care. No facility may admit any person who is not
7-33 properly certified pursuant to this subsection. Within 10
7-34 business days of admission to a facility, each resident
7-35 shall provide the facility with the name, address, and
7-36 phone number of his or her physician of record, if any.
7-37 Each resident shall undergo an annual examination by a
7-38 physician not employed by the facility for the purpose of
7-39 being recertified as appropriate to the level of care
7-40 provided by the facility. Nothing in this subsection
7-41 shall preclude a resident's physician from recommending
7-42 that a resident be moved to another level of care based on
7-43 such physician's ongoing assessment of the resident's
7-44 needs.
-7-
8- 1 (c) The department shall periodically inspect assisted
8- 2 living facilities in accordance with established rules and
8- 3 regulations. Upon the designation by the department and
8- 4 with the consent of county boards of health, such boards
8- 5 may act as agents to the department in performing
8- 6 inspections and other authorized functions regarding
8- 7 personal care homes such facilities licensed under this
8- 8 chapter Code section. With approval of the department,
8- 9 county boards of health may establish inspection fees to
8-10 defray part of the costs of inspections performed for the
8-11 department.
8-12 (d) The state ombudsman or community ombudsman, on that
8-13 ombudsman's initiative or in response to complaints made
8-14 by or on behalf of residents of a registered or licensed
8-15 personal care home assisted living facility, may conduct
8-16 investigations in matters within the ombudsman's powers
8-17 and duties.
8-18 (e) The department shall promulgate procedures to govern
8-19 the waiver, variance, and exemption process related to
8-20 personal care homes assisted living facilities pursuant to
8-21 Chapter 2 of this title. Such procedures shall include
8-22 published, measurable criteria for the decision process,
8-23 shall take into account the need for protection of public
8-24 and individual health, care, and safety, and shall afford
8-25 an opportunity for public input into the process.
8-26 (f) The fees for licenses of assisted living facilities
8-27 shall be paid when a license is initially granted and
8-28 annually thereafter to be determined according to the
8-29 number of beds available for persons who will be provided
8-30 assistance with some or all activities of daily living or
8-31 instrumental activities of daily living in such facilities
8-32 as follows:
8-33 6 beds or less ................................... $250.00
8-34 7-15 beds ........................................ $500.00
8-35 16 beds or more .................................. $750.00
8-36 Such fees shall apply only to licenses granted at any time
8-37 on or after July 1, 2000, and to annual renewals of
8-38 licenses. Any facility operating on or after July 1, 2000,
8-39 without obtaining the license required shall be required
8-40 to pay the license fee applicable to that facility as well
8-41 as a penalty equal to the amount of such fee.
-8-
9- 1 (g) An assisted living facility may be licensed at more
9- 2 than on level if it offers services at more than one
9- 3 level.
9- 4 (h) Each employee of an assisted living facility shall
9- 5 receive a minimum amount of training and continuing
9- 6 education hours annually as determined by the department.
9- 7 (i) An assisted living facility - Level II shall be
9- 8 staffed with either a registered professional nurse or a
9- 9 licensed practical nurse. Such registered professional
9-10 nurse or licensed practical nurse shall be on site for a
9-11 minimum of 12 hours per day. The facility shall also
9-12 employ additional nurses in numbers sufficient to meet the
9-13 limited nursing needs of all residents. If one or more
9-14 licensed practical nurses are so employed, such licensed
9-15 practical nurse or nurses shall be under the supervision
9-16 of a registered professional nurse who shall be employed
9-17 by the facility either directly or as a consultant. Such
9-18 registered professional nurse must be available on call to
9-19 the facility at all times so that in the event nursing
9-20 services are needed in the facility and a licensed
9-21 practical nurse is not on duty, the facility may contact
9-22 such registered professional nurse for assistance."
9-23 SECTION 8.
9-24 Said chapter is further amended by striking Code Section
9-25 31-7-12.1, relating to unlicensed personal care homes and
9-26 inserting in its place the following:
9-27 "31-7-12.1.
9-28 (a) A facility shall be deemed to be an 'unlicensed
9-29 personal care home assisted living facility' if it is
9-30 unlicensed and not exempt from licensure and:
9-31 (1) The facility is providing personal services and is
9-32 operating as a personal care home an assisted living
9-33 facility those terms are defined in Code Section
9-34 31-7-12;
9-35 (2) The facility is held out as or represented as
9-36 providing personal services and operating as a personal
9-37 care home an assisted living facility as those terms are
9-38 defined in Code Section 31-7-12; or
9-39 (3) The facility represents itself as a licensed
9-40 personal care home assisted living facility.
-9-
10- 1 (b) Personal care homes in existence on July 1, 1994,
10- 2 which obtain licenses from the department no later than
10- 3 October 1, 1994, shall not be subject to the penalties set
10- 4 out in this Code section. (c) Except as provided in subsection (b) of this Code
10- 6 section, any Any unlicensed personal care home assisted
10- 7 living facility shall be assessed by the department, after
10- 8 opportunity for hearing in accordance with the provisions
10- 9 of Chapter 13 of Title 50, the 'Georgia Administrative
10-10 Procedure Act,' a civil penalty in the amount of $100.00
10-11 per bed per day for each day of violation of subsection
10-12 (b) of Code Section 31-7-12. The department shall send a
10-13 notice by certified mail stating that licensure is
10-14 required and including a period for obtaining licensure
10-15 with an expiration date. Such notice shall be deemed to
10-16 be constructively received on the date of the first
10-17 attempt to deliver such notice by the United States Postal
10-18 Service. For unlicensed personal care homes which were
10-19 not in existence on July 1, 1994, the civil penalty
10-20 provided by this subsection shall be calculated as
10-21 beginning on the expiration date of the notice. For
10-22 unlicensed personal care homes which were in existence on
10-23 July 1, 1994, the civil penalty provided by this
10-24 subsection shall be calculated as beginning on the
10-25 expiration date of the notice or on October 1, 1994,
10-26 whichever is later. The department shall take no action
10-27 to collect such civil penalty until after opportunity for
10-28 a hearing.
10-29 (d)(c) The civil penalty authorized by subsection (c)(b)
10-30 of this Code section shall be doubled if:
10-31 (1) The operator of an unlicensed personal care home
10-32 assisted living facility refuses to seek licensure; or
10-33 (2) The operator seeks licensure, the licensure
10-34 application is denied, and the operator continues to
10-35 operate the unlicensed personal care home assisted
10-36 living facility.
10-37 (e)(d) The operator of a personal care home an assisted
10-38 living facility who is assessed a civil penalty in
10-39 accordance with this Code section may have review of such
10-40 civil penalty by appeal to the superior court in the
10-41 county in which the action arose or to the Superior Court
10-42 of Fulton County in accordance with the provisions of Code
10-43 Section 31-5-3."
-10-
11- 1 SECTION 9.
11- 2 Said chapter is further amended by striking paragraph (1) of
11- 3 subsection (a) of Code Section 31-7-111, relating to
11- 4 findings regarding certain authorities for certain
11- 5 facilities for the elderly, and inserting in its place the
11- 6 following:
11- 7 "(1) There exists exist in this state a seriously
11- 8 inadequate supply of and a critical need for facilities
11- 9 which can furnish the comprehensive services required by
11-10 elderly persons in a single location, including, without
11-11 limitation, residential care and the types of services
11-12 provided in skilled nursing homes, intermediate care
11-13 homes, and personal care homes (hereinafter assisted
11-14 living facilities, referred to as 'residential care
11-15 facilities for the elderly');".
11-16 SECTION 10.
11-17 Said chapter is further amended by striking paragraphs (1),
11-18 (4), (5), (6), (10), and (11) of Code Section 31-7-250,
11-19 relating to definitions regarding records checks for
11-20 personal care home employees, and inserting in there
11-21 respective places the following:
11-22 "(1) 'Assisted living facility' means a home required to
11-23 be licensed under Code Section 31-7-12.
11-24 (1.1) 'Conviction' means a finding or verdict of guilty
11-25 or a plea of guilty regardless of whether an appeal of
11-26 the conviction has been sought."
11-27 "(4) 'Director' means the chief administrative or
11-28 executive officer or manager of a an assisted living
11-29 facility.
11-30 (5) 'Employee' means any person, other than a director,
11-31 employed by a personal care home an assisted living
11-32 facility to perform at any facilities of the personal
11-33 care home assisted living facility any duties which
11-34 involve personal contact between that person and any
11-35 paying resident of the personal care home assisted
11-36 living facility.
11-37 (6) 'Facility' means real property of a personal care
11-38 home an assisted living facility where residents
11-39 reside."
11-40 "(10) 'License' means the permit or document issued by
11-41 the department to authorize the personal care home
-11-
12- 1 assisted living facility to which it is issued to
12- 2 operate a facility under this chapter.
12- 3 (11) 'Personal care home' or 'home' means a home
12- 4 required to be licensed or permitted under Code Section
12- 5 31-7-12 Reserved."
12- 6 SECTION 11.
12- 7 Said chapter is further amended by striking Code Section
12- 8 31-7-256, relating to the expiration of personal care home
12- 9 licenses, and inserting in its place the following:
12-10 "31-7-256.
12-11 All licenses issued to facilities prior to July 1, 1985,
12-12 shall expire December 31, 1985. Upon the expiration of
12-13 any license issued prior to July 1, 1985, the personal
12-14 care home to which such license was issued shall be
12-15 required to obtain a separate license for each of the
12-16 personal care home's existing facilities and shall have a
12-17 separate director for each such facility. An existing
12-18 facility whose license so expires may only be issued a
12-19 temporary license until that facility qualifies for a
12-20 regular license, unless that facility submits evidence,
12-21 satisfactory to the department, that within the
12-22 immediately preceding 12 months the director received a
12-23 satisfactory fingerprint records check determination and
12-24 each employee received a satisfactory preliminary records
12-25 check determination, in which event that facility may be
12-26 issued a regular license without first having to obtain a
12-27 temporary license. A temporary or regular license may
12-28 only be issued if the facility otherwise qualifies for a
12-29 license pursuant to Article 1 of this chapter. Any new
12-30 facility in this state first owned or operated on or after
12-31 July 1, 1985, by a personal care home already licensed in
12-32 this state shall be required to have a new license issued
12-33 pursuant to Code Sections 31-7-251 through 31-7-255. Any
12-34 facility licensed in this state as a personal care home
12-35 prior to January 1, 2000, shall be deemed to have been
12-36 licensed as an assisted living facility - Level I. Any
12-37 sale of a facility deemed to be licensed pursuant to this
12-38 Code section shall require such facility to apply for and
12-39 receive a new license. Any new facility in this state
12-40 first owned or operated on or after that date by a
12-41 personal care home deemed to have been licensed as an
12-42 assisted living facility as provided in this Code section
12-43 shall be required to have a new license issued pursuant to
-12-
13- 1 Code Sections 31-7-251 and 31-7-255. Nothing in this Code
13- 2 section shall relieve from any civil or criminal liability
13- 3 or penalty any personal care home for operating without
13- 4 the required license before this Code section becomes
13- 5 effective on January 1, 2000."
13- 6 SECTION 12.
13- 7 Said chapter is further amended by striking Code Section
13- 8 31-7-257, relating to temporary licenses for personal care
13- 9 homes, and inserting in its place the following:
13-10 "31-7-257.
13-11 After a temporary license is issued to an existing
13-12 facility pursuant to Code Section 31-7-256, the personal
13-13 care home to whom the license was issued shall furnish to
13-14 the department a fingerprint records check application for
13-15 the director and a preliminary records check application
13-16 for each employee of each of the personal care home's
13-17 facilities for which a temporary license was issued.
13-18 After receiving those applications, the department shall
13-19 proceed to have made records check determinations based
13-20 upon such applications and may only issue a regular
13-21 license to any such facility under the conditions and
13-22 procedures provided in Code Sections 31-7-252 through
13-23 31-7-255 Reserved."
13-24 SECTION 13.
13-25 Code Section 31-8-51 of the Official Code of Georgia
13-26 Annotated, relating to long-term care ombudsman definitions,
13-27 is amended by striking paragraph (2) thereof and inserting
13-28 in its place the following:
13-29 "(2) 'Long-term care facility' means any skilled nursing
13-30 home, intermediate care home, or personal care home
13-31 assisted living facility now or hereafter subject to
13-32 regulation and licensure by the department or any
13-33 regulated facility receiving funds pursuant to a
13-34 contract or subcontract with a regional mental health,
13-35 mental retardation, and substance abuse board as set
13-36 forth on Code Section 31-7-12."
13-37 SECTION 14.
13-38 Code Section 31-8-81 of the Official Code of Georgia
13-39 Annotated, relating to definitions regarding abuse of
13-40 residents of long-term care facilities, is amended by
-13-
14- 1 striking paragraph (3) thereof and inserting in its place
14- 2 the following:
14- 3 "(3) 'Long-term care facility' or 'facility' means any
14- 4 skilled nursing home, intermediate care home, or
14- 5 personal care home assisted living facility now or
14- 6 hereafter subject to regulation and licensure by the
14- 7 department, or any regulated facility receiving funds
14- 8 pursuant to a contract or subcontract with a regional
14- 9 mental health, mental retardation, and substance abuse
14-10 board."
14-11 SECTION 15.
14-12 Said chapter is further amended by striking Code Section
14-13 31-8-132, relating to definitions regarding remedies for
14-14 personal care home residents, and inserting in its place the
14-15 following:
14-16 "31-8-132.
14-17 As used in this article, the term:
14-18 (1) 'Administrator' means the manager designated by the
14-19 governing body of a personal care home an assisted
14-20 living facility as responsible for the day-to-day
14-21 management, administration, and supervision of the
14-22 personal care home assisted living facility, who may
14-23 also serve as on-site manager and responsible staff
14-24 person except during periods of his or her own absence.
14-25 (1.1) 'Assisted living facility' means a facility
14-26 required to be licensed under Code Section 31-7-12.
14-27 (2) 'Community ombudsman' means a person certified as a
14-28 community ombudsman pursuant to Code Section 31-8-52.
14-29 (3) 'Governing body' means the board of trustees, the
14-30 partnership, the corporation, the association, or the
14-31 person or group of persons who maintain and control a
14-32 personal care home an assisted living facility and who
14-33 are legally responsible for the operation of the home
14-34 facility.
14-35 (4) 'Legal surrogate' means a duly appointed person who
14-36 is authorized to act, within the scope of the authority
14-37 granted under the legal surrogate's appointment, on
14-38 behalf of a resident who is adjudicated or certified
14-39 incapacitated. No member of the governing body,
14-40 administration, or staff of a personal care home an
14-41 assisted living facility or any affiliated personal care
-14-
15- 1 home assisted living facility or their family members
15- 2 may serve as the legal surrogate for a resident unless
15- 3 that resident is a family member.
15- 4 (5) 'Personal care home' or 'home' means a facility as
15- 5 defined in Code Section 31-7-12 Reserved.
15- 6 (6) 'Representative' means a person who voluntarily,
15- 7 with the resident's written authorization, may act upon
15- 8 the resident's direction with regard to matters
15- 9 concerning the health and welfare of the resident,
15-10 including being able to access personal records
15-11 contained in the resident's file and receive information
15-12 and notices pertaining to the resident's overall care
15-13 and condition. No member of the governing body,
15-14 administration, or staff of a personal care home an
15-15 assisted living facility or any affiliated personal care
15-16 home assisted living facility or their family members
15-17 may serve as the representative for a resident.
15-18 (7) 'Resident' means a person who resides in a personal
15-19 care home an assisted living facility.
15-20 (8) 'State ombudsman' means the state ombudsman
15-21 established under Code Section 31-8-52."
15-22 SECTION 16.
15-23 Code Section 37-4-21 of the Official Code of Georgia
15-24 Annotated, relating to respite care for mentally retarded
15-25 persons, is amended by striking subsection (c) thereof and
15-26 inserting in its place the following:
15-27 "(c) An admission for respite care shall be for no longer
15-28 than two weeks, provided that a person may be admitted for
15-29 additional periods of respite care; provided, further,
15-30 that there shall be no more than two admissions for
15-31 respite care within any six-month period, counted from the
15-32 first day of such an admission. Any such admission which
15-33 exceeds limits provided in this Code section must be in
15-34 accordance with the procedure in Code Section 37-4-20 or
15-35 37-4-40. This Code section shall not apply when the person
15-36 sought to be admitted is living in a nursing home or
15-37 personal care home assisted living facility, as defined in
15-38 paragraph (2) of Code Section Sections 43-27-1 and
15-39 31-7-12, respectively."
-15-
16- 1 SECTION 17.
16- 2 Article 1 of Chapter 13 of Title 48 of the Official Code of
16- 3 Georgia Annotated, relating to general provisions governing
16- 4 business and occupation taxes, is amended by striking
16- 5 paragraph (14) of subsection (b) of Code Section 48-13-9,
16- 6 relating to businesses which are and which are not subject
16- 7 to regulatory fees, and inserting in its place the
16- 8 following:
16- 9 "(14) Nursing homes and personal care homes assisted
16-10 living facilities;".
16-11 SECTION 18.
16-12 The following Code sections of the Official Code of Georgia
16-13 Annotated are amended by striking the terms "a personal care
16-14 home," "Personal care home," "personal care home," "Personal
16-15 care homes," and "personal care homes," wherever they occur
16-16 and inserting in their respective places the terms "an
16-17 assisted living facility," "Assisted living facility,"
16-18 "assisted living facility," "Assisted living facilities,"
16-19 and "assisted living facilities":
16-20 (1) Code Section 26-4-5, relating to pharmacy
16-21 definitions;
16-22 (2) Code Section 31-7-3, relating to the requirement for
16-23 permits to operate institutions;
16-24 (3) Code Section 31-7-112, relating to definitions
16-25 regarding authorities for facilities for the elderly;
16-26 (4) Code Section 31-7-258, relating to changes in
16-27 personal care home directors;
16-28 (5) Code Section 31-7-259, relating to employment at
16-29 personal care homes with temporary licenses;
16-30 (6) Code Section 31-7-300, relating to definitions
16-31 governing private home care provider laws;
16-32 (7) Code Section 31-7-305, relating to exempt services;
16-33 (8) Code Section 31-7-307, relating to certificates of
16-34 need;
16-35 (9) Code Section 31-8-52, relating to the establishment
16-36 of the long-term care ombudsman;
16-37 (10) Code Section 31-8-130, relating to the creation of
16-38 the "Remedies for Residents of Personal Care Homes Act";
-16-
17- 1 (11) Code Section 31-8-131, relating to legislative
17- 2 findings and intent;
17- 3 (12) Code Section 31-8-134, relating to grievance
17- 4 procedures;
17- 5 (13) Code Section 31-8-135, relating to hearings and
17- 6 transfer of residents;
17- 7 (14) Code Section 31-8-136, relating to actions for
17- 8 damages;
17- 9 (15) Code Section 31-8-137, relating to temporary
17-10 restraining orders;
17-11 (16) Code Section 31-8-138, relating to failure to
17-12 validly license as a defense;
17-13 (17) Code Section 31-8-139, relating to mandamus;
17-14 (18) Code Section 31-8-181, relating to exempt
17-15 individuals and hospitals; and
17-16 (19) Code Section 38-4-2, relating to powers of
17-17 veterans' home administrators.
17-18 SECTION 19.
17-19 This Act shall become effective only for the purposes of
17-20 promulgating rules and regulations thereunder upon its
17-21 approval by the Governor or upon its becoming law without
17-22 such approval. This Act shall become effective for all
17-23 other purposes on January 1, 2000.
17-24 SECTION 20.
17-25 All laws and parts of laws in conflict with this Act are
17-26 repealed.
-17-
Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 02/24/99
