reglab/housing_qa huggingface dataset:
GA Code § 31-8-125 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 5 - Bill of Rights for Residents of Long-Term Care Facilities|§ 31-8-125. Administrative Hearings

  Any resident, guardian, or representative who believes his rights under Code Section 31-8-107, paragraph (3) of subsection (b) of Code Section 31-8-108, Code Section 31-8-109, paragraphs (3) and (4) of Code Section 31-8-111, subsection (d) of Code Section 31-8-112, Code Section 31-8-116, Code Section 31-8-117, or Code Section 31-8-120 have been violated or any complainant or facility dissatisfied with a decision of a referee shall have the right to request a hearing from the department pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The department is authorized to hold such hearings and, in the case of an appeal of a decision of a referee, the department may hold such hearings by review of the record.   The hearing shall be conducted within 45 days of the receipt by the department of the request for a hearing. Except where the state or community ombudsman has already been involved in the matter at issue, the department may refer the complaint to the state or community ombudsman for informal resolution pending the hearing.   Except in the event of an emergency situation in which the resident or other residents are subject to imminent and substantial danger that only immediate transfer will relieve or reduce or except in case of nonpayment, no transfer shall take place until all appeal rights are exhausted.   The department shall hold such hearings at the facility upon the resident's request or as necessary due to the resident's medical condition. Where residents of a facility allege a common complaint, the department may at the residents' request schedule a single hearing.   If the department finds no violations of this article, the resident and facility will be so informed. If a violation has occurred, the department shall order the facility to correct such violation; and, upon failure to correct such violation within a reasonable time, the department may impose appropriate civil penalties as provided for in Code Section 31-8-126.    (Code 1933, § 88-1922B, enacted by Ga. L. 1981, p. 149, § 1; Ga. L. 1985, p. 149, § 31.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 15 Am. Jur. 2d, Civil Rights, § 15 et seq.   C.J.S.   - 14A C.J.S., Civil Rights, § 750 et seq.
GA Code § 31-8-126 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 5 - Bill of Rights for Residents of Long-Term Care Facilities|§ 31-8-126. Cause of Action Against Facility for Violation of Rights Under This Article; Civil Penalties; Applicability of Code Section 31-5-8

  Any person or persons aggrieved because a long-term care facility has violated or failed to provide any right granted under this article shall have a cause of action against such facility for damages and such other relief as the court having jurisdiction of the action deems proper. No person shall be prohibited from maintaining such an action for failure to exhaust any rights to administrative or other relief granted under this article.   In addition to other penalties or remedies that may be imposed by this article or other law, the department is authorized to impose civil penalties as follows:   If a violation has occurred, the department shall order the facility to correct such violation. Upon failure to correct such violation within a reasonable period of time, the department may order the facility to discontinue admitting residents until such violation is corrected; and   In cases of violations repeated by a facility under the same license within a 12 month period, the department shall be authorized to assess a civil penalty not to exceed $75.00 per violation for each day in which the violation continues, except that the maximum civil penalty for each violation shall not exceed $2,500.00. In imposing such civil penalties the department shall consider all relevant factors including, but not limited to:   The amount of assessment necessary to ensure immediate and continued compliance;   The character and degree of impact of the violation of the health, safety, and welfare of any resident in the nursing home;   The conduct of the person or facility against whom the citation is issued in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violations; and   Any prior violations by the facility of statutes, regulations, or orders administered, adopted, or issued by the department.       Any such civil penalty shall be imposed by the department only after notice and hearing as provided in Article 1 of Chapter 5 of this title.   Any person or facility subject to a civil penalty under this Code section is entitled to judicial review in accordance with Article 1 of Chapter 5 of this title.   All civil penalties recovered by the department under this Code section shall be paid into the state treasury.   Nothing in this Code section shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided by or under any other law.   Code Section 31-5-8 shall apply fully to any willful violation of this chapter.    (Code 1933, § 88-1923B, enacted by Ga. L. 1981, p. 149, § 1; Ga. L. 1985, p. 149, § 31.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 15 Am. Jur. 2d, Civil Rights, § 15 et seq.   C.J.S.   - 14A C.J.S., Civil Rights, §§ 752, 761 et seq., 772, 807.
GA Code § 31-8-127 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 5 - Bill of Rights for Residents of Long-Term Care Facilities|§ 31-8-127. Rules and Regulations

 The department is authorized to promulgate rules and regulations to implement this article.   (Code 1933, § 88-1924B, enacted by Ga. L. 1981, p. 149, § 1.)
GA Code § 31-8-130 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 5A - Remedies for Residents of Personal Care Homes|§ 31-8-130. Short Title

 This article shall be known and may be cited as the "Remedies for Residents of Personal Care Homes Act."    (Code 1981, §31-8-130, enacted by Ga. L. 1994, p. 461, § 2.)
GA Code § 31-8-131 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 5A - Remedies for Residents of Personal Care Homes|§ 31-8-131. Legislative Findings and Intent

 The General Assembly finds that persons residing within personal care homes are often isolated from the community and often lack the means to assert fully their rights as individual citizens.The General Assembly also recognizes that in order for the rights of residents of personal care homes to be fully protected, residents must be afforded a means of recourse when such rights have been denied.It is therefore the intent of the General Assembly to preserve the dignity and personal integrity of residents of personal care homes by providing access to a legal process to hear and redress the grievances of such residents regarding their individual rights.    (Code 1981, §31-8-131, enacted by Ga. L. 1994, p. 461, § 2.)
GA Code § 31-8-132 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 5A - Remedies for Residents of Personal Care Homes|§ 31-8-132. (See Editor's notes.) Definitions

 As used in this article, the term:    "Administrator" means the manager designated by the governing body of a personal care home as responsible for the day-to-day management, administration, and supervision of the personal care home, who may also serve as on-site manager and responsible staff person except during periods of his or her own absence.   "Community ombudsman" means a person certified as a community ombudsman pursuant to Code Section 31-8-52.  (2.1) "Department" means the Department of Community Health.    "Governing body" means the board of trustees, the partnership, the corporation, the association, or the person or group of persons who maintain and control a personal care home and who are legally responsible for the operation of the home.   "Legal surrogate" means a duly appointed person who is authorized to act, within the scope of the authority granted under the legal surrogate's appointment, on behalf of a resident who is adjudicated or certified incapacitated.No member of the governing body, administration, or staff of a personal care home or any affiliated personal care home or their family members may serve as the legal surrogate for a resident.   "Personal care home" or "home" means a facility as defined in Code Section 31-7-12 and shall include any assisted living community as defined in paragraph (3) of subsection (b) of Code Section 31-7-12.2 that is subject to regulation and licensure by the department.   "Representative" means a person who voluntarily, with the resident's written authorization, may act upon the resident's direction with regard to matters concerning the health and welfare of the resident, including being able to access personal records contained in the resident's file and receive information and notices pertaining to the resident's overall care and condition.No member of the governing body, administration, or staff of a personal care home or any affiliated personal care home or their family members may serve as the representative for a resident.   "Resident" means a person who resides in a personal care home.   "State ombudsman" means the state ombudsman established under Code Section 31-8-52.     (Code 1981, §31-8-132, enacted by Ga. L. 1994, p. 461, § 2; Ga. L. 2011, p. 227, § 20/SB 178; Ga. L. 2011, p. 705, § 4-13/HB 214.)   For application of this statute in 2020 and 2021, see Executive Orders 09.15.20.01, 09.30.20.02, 10.15.20.01, 10.30.20.02, 11.13.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, and 05.28.21.02.   A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.   Law reviews.   - For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 147 (2011).
GA Code § 31-8-133 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 5A - Remedies for Residents of Personal Care Homes|§ 31-8-133. Residents' Rights

 Residents' rights shall include all rights enumerated in the rules and regulations of the Department of Community Health, including, but not limited to, procedural protections relating to admission, transfer, or discharge of residents.    (Code 1981, §31-8-133, enacted by Ga. L. 1994, p. 461, § 2; Ga. L. 2010, p. 878, § 31/HB 1387.)
GA Code § 31-8-134 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 5A - Remedies for Residents of Personal Care Homes|§ 31-8-134. Grievance Procedure

  Any resident, or the representative or legal surrogate of the resident, if any, who believes his or her rights under this article have been violated by a personal care home or its governing body, administrator, or employee shall be permitted to file a grievance under this Code section.   In order to file the grievance provided for in subsection (a) of this Code section, the resident, or representative or legal surrogate of the resident, if any, may submit an oral or written grievance to the administrator or the administrator's designee.The administrator or designee, within five business days, shall either resolve the grievance to the grievant's satisfaction or respond in writing to the grievance, including in the response a description of the review and appeal rights set forth in this article.   If the person filing the grievance is not satisfied by the action or failure to act of the administrator or designee, the grievant may submit an oral or written complaint to the state or community ombudsman.     (Code 1981, §31-8-134, enacted by Ga. L. 1994, p. 461, § 2.)
GA Code § 31-8-136 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 5A - Remedies for Residents of Personal Care Homes|§ 31-8-136. Action for Damages

  Any resident or the representative or legal surrogate of the resident, if any, may bring an action in a court of competent jurisdiction to recover actual and punitive damages against a personal care home or its governing body, administrator, or employee for any violation of the rights of a resident granted under this article.Upon referral and request by the department, the Attorney General may bring such an action. Where a violation of a resident's rights has been found, the resident shall be awarded the actual damages or $1,000.00, whichever is greater, and may be awarded punitive damages.   No person shall be prohibited from maintaining an action pursuant to this Code section for failure to exhaust any rights to administrative or other relief granted under this article.   The right of a resident to bring an action pursuant to this Code section is in addition to any and all other rights, remedies, or causes of action the resident may have by statute or at common law.   Any resident or the representative or legal surrogate of the resident, if any, may bring an action to recover damages for any action of a personal care home or its governing body, administrator, or employee that adversely affects the resident's rights, privileges, or living arrangement in retaliation for that resident or his or her representative or legal surrogate, if any, having exercised a right conferred by state or federal law or court order. Upon referral and request by the department, the Attorney General may bring such an action.In any action brought under this Code section alleging retaliation, there shall be a presumption of retaliatory conduct, rebuttable by a showing of clear and convincing evidence, if an owner, licensee, administrator, or employee attempts to discharge, transfer, or relocate a resident involuntarily within six months after that resident or his or her representative or legal surrogate, if any, files an action for relief under this Code section, exercises a right to a hearing under this article, or makes an oral or written grievance against the personal care home or its governing body, administrator, or employee to the personal care home, a state or community ombudsman, or a state government official or employee.   Code Section 31-5-8 shall apply fully to any willful violation of this article.     (Code 1981, §31-8-136, enacted by Ga. L. 1994, p. 461, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 22 Am. Jur. 2d, Damages, § 409 et seq.
GA Code § 31-8-137 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 5A - Remedies for Residents of Personal Care Homes|§ 31-8-137. Temporary Restraining Order; Injunctions

 A resident, the representative or legal surrogate of the resident, if any, or the Attorney General may bring an action in a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a personal care home from violating the rights of a resident.    (Code 1981, §31-8-137, enacted by Ga. L. 1994, p. 461, § 2.)
GA Code § 31-8-138 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 5A - Remedies for Residents of Personal Care Homes|§ 31-8-138. Failure to Validly License as Defense

 The failure of the governing body to obtain or maintain a valid license to operate a personal care home shall not constitute a defense to any action brought pursuant to this article where the facility at issue is subject to licensure as a personal care home.    (Code 1981, §31-8-138, enacted by Ga. L. 1994, p. 461, § 2.)
GA Code § 31-8-139 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 5A - Remedies for Residents of Personal Care Homes|§ 31-8-139. Mandamus

 A resident, the representative or legal surrogate of the resident, if any, the community ombudsman, the governing body of the personal care home, or any other interested party may bring an action in court for mandamus pursuant to Article 2 of Chapter 6 of Title 9 to order the department to comply with any state or federal law relevant to the operation of a personal care home or the care of its residents.    (Code 1981, §31-8-139, enacted by Ga. L. 1994, p. 461, § 2.)
GA Code § 31-8-150 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 6 - Indigent Care Trust Fund|§ 31-8-150. Constitutional Authority for Passage of Article

 This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution.    (Code 1981, §31-8-150, enacted by Ga. L. 1990, p. 139, § 1; Ga. L. 1992, p. 6, § 31; Ga. L. 1993, p. 1014, § 1.)
GA Code § 31-8-151 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 6 - Indigent Care Trust Fund|§ 31-8-151. Definitions

 As used in this article, the term:    "Department" means the Department of Community Health created by Chapter 2 of this title.   "Medically indigent" means a person who meets the state-wide standards of indigency adopted by the department for the purposes of this article.   "Trust fund" means the Indigent Care Trust Fund created by Code Section 31-8-152.     (Code 1981, §31-8-151, enacted by Ga. L. 1990, p. 139, § 1; Ga. L. 1993, p. 1014, § 1; Ga. L. 1999, p. 296, § 9; Ga. L. 2009, p. 453, § 1-8/HB 228.)
GA Code § 31-8-152 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 6 - Indigent Care Trust Fund|§ 31-8-152. Creation of Indigent Care Trust Fund

 There is created the Indigent Care Trust Fund as a separate fund in the state treasury. The state treasurer shall credit to the trust fund all amounts dedicated, transferred, or contributed to such trust fund and shall invest the trust fund moneys in the same manner as authorized for investing other moneys in the state treasury.    (Code 1981, §31-8-152, enacted by Ga. L. 1990, p. 139, § 1; Ga. L. 1993, p. 1014, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 3/SB 296.)
GA Code § 31-8-152.1 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 6 - Indigent Care Trust Fund|§ 31-8-152.1. State Sales and Use Taxation of Certain Health Care Services

 Repealed by Ga. L. 2011, p. 674, § 1-1/HB 117, effective June 30, 2014.   Editor's notes.   - This Code section was based on Code 1981, § 31-8-152.1, enacted by Ga. L. 2011, p. 674, § 1-1/HB 117 and was repealed by its own terms effective June 30, 2014.
GA Code § 31-8-153 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 6 - Indigent Care Trust Fund|§ 31-8-153. Contributions to Trust Fund

 After June 30, 1990, any hospital, hospital authority, county, municipality, or other person or entity is authorized to contribute to the trust fund.The contribution of public funds to the trust fund shall be a valid public purpose for which those funds may be expended.Contributions to the trust fund shall be irrevocable and shall not include any limitation upon the use of such contributions except as permitted in this article or by the department.    (Code 1981, §31-8-153, enacted by Ga. L. 1990, p. 139, § 1; Ga. L. 1993, p. 1014, § 1.)
GA Code § 31-8-153.1 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 6 - Indigent Care Trust Fund|§ 31-8-153.1. Irrevocable Transfer of Funds to Trust Fund; Provision for Indigent Patients

 After June 30, 1993, any hospital authority, county, municipality, or other state or local public or governmental entity is authorized to transfer moneys to the trust fund. Transfer of funds under the control of a hospital authority, county, municipality, or other state or local public or governmental entity shall be a valid public purpose for which those funds may be expended. The department is authorized to transfer to the trust fund moneys paid to the state by a health care facility as a monetary penalty for the violation of an agreement to provide a specified amount of clinical health services to indigent patients pursuant to a certificate of need held by such facility. Such transfers shall be irrevocable and shall be used only for the purposes contained in Code Section 31-8-154.    (Code 1981, §31-8-153.1, enacted by Ga. L. 1993, p. 1014, § 1; Ga. L. 2001, p. 1240, § 3.)
GA Code § 31-8-153.2 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 6 - Indigent Care Trust Fund|§ 31-8-153.2. Revenues Raised From Specified Sources

 The General Assembly may provide for the dedication and deposit of revenues raised from specified sources into the trust fund.    (Code 1981, §31-8-153.2, enacted by Ga. L. 1993, p. 1014, § 1.)
GA Code § 31-8-153.3 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 6 - Indigent Care Trust Fund|§ 31-8-153.3. No Lapse of Contributions to the General Fund

 Contributions and revenues deposited and transferred to the trust fund shall not lapse to the general fund at the end of the fiscal year.    (Code 1981, §31-8-153.3, enacted by Ga. L. 1993, p. 1014, § 1.)
GA Code § 31-8-154 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 8 - Care and Protection of Indigent and Elderly Patients|Article 6 - Indigent Care Trust Fund|§ 31-8-154. Authorized Expenditure of Contributed Funds

 All moneys contributed and revenues deposited and transferred to the trust fund pursuant to this article and any interest earned on such moneys shall be appropriated to the department for only the following purposes:    To expand Medicaid eligibility and services;   For programs to support rural and other health care providers, primarily hospitals, who serve the medically indigent;   For primary health care programs for medically indigent citizens and children of this state; or   Any combination of purposes specified in paragraphs (1) through (3) of this Code section.     (Code 1981, §31-8-154, enacted by Ga. L. 1990, p. 139, § 1; Ga. L. 1993, p. 1014, § 1; Ga. L. 2016, p. 214, § 3/SB 308; Ga. L. 2017, p. 764, § 2-6/SB 193.)    The 2017 amendment,  effective July 1, 2017, added "or" at the end of paragraph (3); deleted former paragraph (4), which read: "For the Positive Alternatives for Pregnancy and Parenting Grant Program established under Article 2 of Chapter 2A of this title; or"; redesignated former paragraph (5) as present paragraph (4); and substituted "(3)" for "(4)" near the end of present paragraph (4).