05 LC 19
6436
Senate
Bill 181
By:
Senators Hamrick of the 30th and Mullis of the 53rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia
Annotated, relating to death investigations, so as to enact the "Nursing Home
Accountability Act of 2005"; to add a certain definition; to provide notice of
certain deaths; to provide for penalties for failure to provide notice; to
authorize the coroner or county medical examiner to order an inquiry; to provide
for related matters; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Nursing Home Accountability Act of
2005."
SECTION
2.
Article
2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating
to death investigations, is amended by inserting in Code Section 45-16-21,
relating to definitions, a new paragraph (1.2) to immediately follow paragraph
(1.1) to read as follows:
"(1.2)
'Compensated care' means services provided by a home heath agency as defined in
paragraph (2) of Code Section 31-7-150; a private home care provider as defined
in paragraph (4) of Code Section 31-7-300; a long-term care facility as defined
in paragraph (2) of Code Section 31-8-51; or any community living arrangement as
defined in paragraph (16) of subsection (b) of Code Section
37-1-20."
SECTION
3.
Said
article is further amended by adding after Code Section 45-16-24, relating to
notification of suspicious or unusual deaths, a new Code section to read as
follows:
"45-16-24.1.
(a)
When any person dies in any county in this state while receiving compensated
care or within 30 days of having received such care, whether attended by a
physician or not, it shall be the duty of any law enforcement officer, agent of
a licensed facility, or other person having actual knowledge of such death to
notify immediately the coroner or county medical examiner of the county where
the body is found or death occurs. In addition to any other penalties that may
be levied, failure to comply with the provisions of this Code section by any
facility or entity licensed by the Department of Human Resources or by any
person enumerated in Code Section 30-5-4 who is licensed by the State of Georgia
shall be considered to be in violation of the applicable licensing requirements
if such facility, entity, or person had actual knowledge that the person died
while receiving compensated care or within 30 days of having received such care.
Notwithstanding Code Section 47-16-47 or any other law to the contrary, no
licensed facility, agent of such facility, or other person shall be subject to a
penalty for violating this Code section unless such facility, agent, or person
had actual knowledge that the person died while receiving compensated care or
within 30 days of having received such care.
(b)
Notwithstanding any other law to the contrary, upon notification of a death in
accordance with subsection (a) of this Code section, the coroner or county
medical examiner is authorized, but not required, to order a medical
examiner´s inquiry into such death.
(c)
Nothing in this Code section shall be construed to require a coroner or county
medical examiner to transport or store a body or any property of the
deceased.
(d)
When a coroner or county medical examiner investigates a death reported in
accordance with this Code section, the compensated care provider shall provide
all of the provider´s records regarding the deceased to the coroner or
county medical examiner no later than 24 hours after such a request for
records."
SECTION
4.
This
Act shall become effective on July 1, 2005.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.