reglab/housing_qa huggingface dataset:
GA Code § 31-7-354 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 14 - Georgia Long-Term Care Background Check Program|§ 31-7-354. Consent to Background Checks; Certain Results of Background Check Barring Employment; Rights of Owner, Applicant, or Employee

  An applicant seeking employment with a facility or a current employee at such facility shall consent to a national and state background check that includes a registry check, a check of information maintained by a professional licensing board, if applicable, and a criminal background check.     An individual required to submit to a registry check and criminal background check shall not be employed by, contracted with, or allowed to work as an employee at a facility if:   The individual appears on a registry check;   There is a substantiated finding of neglect, abuse, or misappropriation of property by a state or federal agency pursuant to an investigation conducted in accordance with 42 U.S.C. Section 1395i-3 or 1396r as it existed on February 1, 2018;   The individual's professional license, if applicable, is not in good standing; or   The facility receives notice from the department that the individual has been found to have an unsatisfactory determination.     An individual whose professional license is not in good standing may be employed by a facility in a position wherein his or her duties do not require professional licensure, provided that he or she provides a fingerprint record check determination in the same manner as an applicant.     An owner, applicant, or employee may:   Obtain information concerning the accuracy of his or her criminal record, and the department shall refer such individual to the appropriate state or federal law enforcement agency that was involved in the arrest or conviction;   Challenge the finding that he or she is the true subject of the results from a registry check, and the department shall refer such individual to the agency responsible for maintaining such registry; and   Appeal his or her disqualifying unsatisfactory determination pursuant to Code Section 31-7-358.       (Code 1981, §31-7-354, enacted by Ga. L. 2018, p. 611, § 1-4/SB 406.)
GA Code § 31-7-356 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 14 - Georgia Long-Term Care Background Check Program|§ 31-7-356. Facility's Failure to Comply With Provisions; Penalty

 A facility that does not terminate an employee who has been found to have an unsatisfactory determination or failed a registry check shall be liable for a civil monetary penalty in the amount of the lesser of $10,000.00 or $500.00 for each day that a violation occurs. The daily civil monetary penalty shall be imposed only from the time the facility knew or should have known that it employed an individual with a criminal record and until the date such individual's employment is terminated.    (Code 1981, §31-7-356, enacted by Ga. L. 2018, p. 611, § 1-4/SB 406.)
GA Code § 31-7-357 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 14 - Georgia Long-Term Care Background Check Program|§ 31-7-357. Required Notice on Application Form

 Each application form provided by a facility to an applicant shall conspicuously state the following: "FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT."    (Code 1981, §31-7-357, enacted by Ga. L. 2018, p. 611, § 1-4/SB 406.)
GA Code § 31-7-358 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 14 - Georgia Long-Term Care Background Check Program|§ 31-7-358. License Revocation or Withholding; Additional Requirements

    An owner of a facility with an unsatisfactory determination or whose name appears on a registry check shall not operate or hold a license, and the department shall revoke the license of any owner operating such facility or refuse to issue a license to any owner operating such facility if such owner has an unsatisfactory determination or is on a registry check.   Prior to approving any license for a facility and periodically as established by the department by rule, the department shall require each owner and employee to submit to a registry check and criminal background check pursuant to Code Sections 31-7-352 and 31-7-353.     An employee or applicant who received an unsatisfactory determination or whose name appears on a registry check shall be eligible to appeal such determination pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."   In a hearing held pursuant to subparagraph (A) of this paragraph, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, and other indicia of rehabilitation.       The department's determination regarding an owner's unsatisfactory criminal background check, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department.   In a hearing held pursuant to subparagraph (A) of this paragraph, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. When a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecuting attorney to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration.       The requirements of this Code section are supplemental to any requirements for a license imposed by Article 1 of this chapter.     (Code 1981, §31-7-358, enacted by Ga. L. 2018, p. 611, § 1-4/SB 406.)
GA Code § 31-7-359 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 14 - Georgia Long-Term Care Background Check Program|§ 31-7-359. Liability for Civil Damages; Sovereign Immunity Not Waived

  No person, including the department, a facility, or an individual acting on behalf of such entities, shall be liable for civil damages or be subject to any claim, demand, cause of action, or proceeding of any nature as a result of actions taken in good faith to comply with this article, including the disqualification of an applicant from employment on the basis of a disqualifying crime.     A facility that has obtained a satisfactory determination on an owner, applicant, or employee in accordance with this article, or confirmation that such owner, applicant, or employee has obtained a favorable final appeal decision under Code Section 31-7-358, shall be immune from liability for claims of negligent hiring when such claims are based upon the criminal record of such owner, applicant, or employee, even when the information contained in the criminal background check used by the department is later determined to have been incomplete or inaccurate; provided, however, that such immunity shall not preclude the liability of a facility concerning claims based on information beyond the scope of the criminal record and satisfactory determination about the owner, applicant, or employee which the facility knew or should have known.   When a facility has obtained a satisfactory determination on an owner, applicant, or employee, there shall be a rebuttable presumption of due care for claims of negligent hiring, negligent retention, or other similar claims to the extent such claims are based upon an owner's, applicant's, or employee's criminal record.     Nothing in this article shall require a facility to conduct any other type of criminal history check of an owner, applicant, or employee, and a facility shall not be held liable for claims of negligent hiring, negligent retention, or other similar claims based solely or in part on its failure to conduct other types of criminal history checks.   Nothing in this article shall be construed to waive the sovereign immunity of the state, the department, or any other entity of the state.     (Code 1981, §31-7-359, enacted by Ga. L. 2018, p. 611, § 1-4/SB 406.)
GA Code § 31-7-360 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 14 - Georgia Long-Term Care Background Check Program|§ 31-7-360. Rules and Regulations

 The department shall promulgate written rules and regulations related to the requirements and implementation of this article.    (Code 1981, §31-7-354, enacted by Ga. L. 2008, p. 12, § 2-25/SB 433; Code 1981, §31-7-360, as redesignated by Ga. L. 2018, p. 611, § 1-4/SB 406.)    The 2018 amendment,  effective October 1, 2019, redesignated former Code Section 31-7-354 as present Code Section 31-7-360; substituted "department shall promulgate written rules" for "Department of Community Health shall be authorized to enforce this article and to promulgate rules" near the beginning; and inserted "and implementation" near the end.
GA Code § 31-7-361 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 14 - Georgia Long-Term Care Background Check Program|§ 31-7-361. Transfer of Responsibilities, Rights, and Personnel Between Departments

  Effective July 1, 2009, all matters relating to facility licensing and employee criminal background checks for personal care homes pursuant to Article 11 of this chapter as it existed on June 30, 2009, shall be transferred from the Department of Human Services to the department.   The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the department pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the department. In all such instances, the department shall be substituted for the Department of Human Resources, and the department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.   All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the department pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the department in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the department on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and who are transferred to the department shall retain all existing rights under such rules. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the department.     (Code 1981, §31-7-361, enacted by Ga. L. 2018, p. 611, § 1-4/SB 406.)
GA Code § 31-7-380 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 14A - Central Caregiver Registry|§ 31-7-380. Purpose and Intent

 The purpose of this article is to enable employers who are family members or guardians of elderly persons to obtain an employment eligibility determination from the department for applicants who are seeking to provide and employees who are providing personal care services to their family members or wards. It is the intent of the General Assembly to allow the department to establish and maintain a caregiver registry so as to provide such employers with access to employment eligibility determinations conducted by the department in a similar manner as licensed facilities receive employment determinations as provided in Article 14 of this chapter.    (Code 1981, §31-7-380, enacted by Ga. L. 2018, p. 611, § 1-5/SB 406.)
GA Code § 31-7-381 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 14A - Central Caregiver Registry|§ 31-7-381. Definitions

 As used in this article, the term:    "Applicant" means an individual applying to provide personal care services to an elderly person in a residence or location not licensed by the department.   "Criminal background check" means a search of the criminal records maintained by Georgia Crime Information Center and the Federal Bureau of Investigation to determine whether an applicant or employee has a criminal record.   "Elderly person" means an individual who is 65 years of age or older.   "Employee" means any individual who is providing personal care services to an elderly person in a residence or location not licensed by the department.   "Employer" means an individual who is considering an applicant or has hired an employee for a family member or ward.   "Family member" means an individual with a close familial relationship, including, but not limited to, a spouse, parent, sibling, or grandparent.   "Personal care services" means home care, health care, companionship, or transportation and includes, but is not limited to, providing assistance with bathing, eating, dressing, walking, shopping, fixing meals, and housework.   "Registry check" means a review of the nurse aide registry provided for in Code Section 31-2-14, the state sexual offender registry, and the List of Excluded Individuals and Entities as authorized in Sections 1128 and 1156 of the federal Social Security Act, as it existed on February 1, 2018, or any other registry useful for the administration of this article as specified by rules of the department.   "Ward" means an elder person for whom a guardian has been appointed pursuant to Title 29.     (Code 1981, §31-7-381, enacted by Ga. L. 2018, p. 611, § 1-5/SB 406.)
GA Code § 31-7-382 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 14A - Central Caregiver Registry|§ 31-7-382. Establishment of Central Caregiver Registry

 The department may establish and maintain a central caregiver registry which shall be accessible to employers as a data base operated by the department that contains information on eligible and ineligible applicants and employees as determined by the department from criminal background checks and registry checks conducted on behalf of facilities as provided in Article 14 of this chapter and criminal background checks and registry checks conducted on behalf of employers as provided in this article. If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention.    (Code 1981, §31-7-382, enacted by Ga. L. 2018, p. 611, § 1-5/SB 406; Ga. L. 2019, p. 308, § 3/HB 91.)    The 2019 amendment,  effective October 1, 2019, added the second sentence.
GA Code § 31-7-383 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 14A - Central Caregiver Registry|§ 31-7-383. Private Employer's Inquiry With Department on Eligibility of Employee; Employer Responsible for Decisions

  The department shall allow an employer to inquire with the department about the eligibility or ineligibility for employment as if the applicant or employee were applying to work or working in one of the facilities licensed under Article 14 of this chapter so long as the applicant or employee agrees to such request, provides his or her fingerprints as set forth in Article 14 of this chapter, and consents to the inclusion of the results in the caregiver registry. Any fees associated with such check shall be paid by the employer, applicant, or employee.   An employer shall be responsible for all employment decisions made based on the eligible or ineligible employment determination provided to the employer from the department.     (Code 1981, §31-7-383, enacted by Ga. L. 2018, p. 611, § 1-5/SB 406.)
GA Code § 31-7-384 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 14A - Central Caregiver Registry|§ 31-7-384. Appeal of Ineligibility Determination

 An applicant or employee who receives a determination of ineligibility for employment from the department shall be eligible to appeal such determination by requesting, in writing, an administrative review by the department. The department shall promulgate rules and regulations in order to implement this Code section. The department shall maintain the specifics of the employment determination in the same manner as required by subsection (e) of Code Section 31-7-353.    (Code 1981, §31-7-384, enacted by Ga. L. 2018, p. 611, § 1-5/SB 406.)
GA Code § 31-7-385 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 14A - Central Caregiver Registry|§ 31-7-385. Immunity From Liability

 No person, including the department, an employer, or an individual acting on behalf of such entities, shall be liable for civil damages or be subject to any claim, demand, cause of action, or proceeding of any nature as a result of actions taken in good faith to comply with this article, including the disqualification of an applicant or employee from employment on the basis of the results of a criminal background check or registry check.    (Code 1981, §31-7-385, enacted by Ga. L. 2018, p. 611, § 1-5/SB 406.)
GA Code § 31-7-386 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 14A - Central Caregiver Registry|§ 31-7-386. Rules and Regulations

 Except as provided in Code Section 31-7-384, the department shall promulgate rules and regulations related to the requirements and implementation of this article.    (Code 1981, §31-7-386, enacted by Ga. L. 2018, p. 611, § 1-5/SB 406.)
GA Code § 31-7-401 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 15 - Hospital Acquisition|§ 31-7-401. Notice to Attorney General of Acquisition

 No acquiring entity shall engage in an acquisition without first notifying the Attorney General pursuant to this article. No nonprofit corporation which owns, controls, or operates, directly or indirectly, a hospital having a permit under this chapter shall engage in a disposition without first notifying the Attorney General pursuant to this article. The parties to the transaction shall provide the Attorney General with at least 90 days' notice of the proposed transaction prior to its consummation.    (Code 1981, §31-7-401, enacted by Ga. L. 1997, p. 1091, § 1.)
GA Code § 31-7-402 (2021)
2021 Georgia Code|Title 31 - Health|Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities|Article 15 - Hospital Acquisition|§ 31-7-402. Content and Form of Notice to Attorney General; Retention of Experts; Payment of Costs and Expenses

  Notice to the Attorney General required by this article shall include the name of the seller or lessor; the name of the acquiring entity and other parties to the acquisition; the county in which the main campus of the hospital is located; the terms of the proposed agreement and any related agreements including leases, management contracts, and service contracts; the acquisition price; a copy of the acquisition agreement and any related agreements including leases, management contracts, and service contracts; any valuations of the hospital's assets prepared in the three years immediately preceding the proposed transaction date; a financial and economic analysis and report from any expert or consultant retained by the seller or lessor which addresses each of the criteria set forth in Code Section 31-7-406; articles of incorporation and bylaws of the nonprofit corporation and related entities and foundations; all donative documents reflecting the purposes of prior gifts of more than $100,000.00 in value by donors to the nonprofit corporation or any related entities or foundations for or on behalf of the hospital; and all documents pertaining to the disposition of assets, including those documents which are included as schedules or exhibits to the acquisition agreement and any related agreements.   The Attorney General may prescribe a form of notice to be utilized by the seller or lessor and the acquiring entity and may require information in addition to that specified in this article if the disclosure of such information is determined by the Attorney General to be in the public interest. The notice to the Attorney General required by this article and all documents related thereto shall be considered public records pursuant to Article 4 of Chapter 18 of Title 50.   The Attorney General shall be authorized to retain financial, economic, health planning, or other experts or consultants to assist in addressing each of the criteria set forth in Code Section 31-7-406. Within 30 days after notice from the Attorney General, the actual and reasonable cost and expense incurred in connection with the retention of such experts or consultants shall be paid directly to such experts and consultants by the parties to the proposed transaction in such proportionate amounts as the parties may agree or otherwise as determined by the Attorney General.     (Code 1981, §31-7-402, enacted by Ga. L. 1997, p. 1091, § 1; Ga. L. 2009, p. 711, § 1/HB 667; Ga. L. 2012, p. 218, § 6/HB 397.)   Law reviews.   - For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 139 (2012).   JUDICIAL DECISIONS    Cited in Turpen v. Rabun County Bd. of Comm'rs, 245 Ga. App. 190, 537 S.E.2d 435 (2000).