reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 12 - HEALTH CARE DATA COLLECTION (§§ 31-7-280 — 31-7-285) › Section 31-7-284 - Public disclosure; updating of data base; publication; fees

(a)
Subject to the procedures specified in subsection (b) of Code Section
31-7-283
, the department shall be authorized to disclose nonpatient-specific data required under this article. Dissemination of such data to the public shall be made in clear and understandable language and in such form as to facilitate appropriate planning and choices on the part of consumers, providers, and payors.
(b)
The department data base established pursuant to this article shall be updated no less frequently than on an annual basis. Public reports from that data shall be published no less frequently than annually.
(c)
The costs to the state associated with the data collection system provided for in this article shall be paid through the department budget. The department shall, at its discretion and funds permitting, begin collection and dissemination of data immediately. The department is authorized to charge fees for reports, data, and information related to the data system; provided, however, no fees shall be imposed upon health care providers which submit data to the department pursuant to this article. The department shall implement a fee scale for such information that will result in fee collections not to exceed the costs of the data collection system. All such fees shall be remitted to the general fund of the state.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 12 - HEALTH CARE DATA COLLECTION (§§ 31-7-280 — 31-7-285) › Section 31-7-285 - Confidentiality; liability

(a)
Notwithstanding any provision of law to the contrary, it shall not be unlawful for any entity which may be requested or required to provide data to the department under this article so to provide that information or for the department or its designees to provide such information as authorized or required by this article or any other law.
(b)
Information provided to the department pursuant to this article or information released by the department shall not identify a patient by name or specific address. Any person, firm, corporation, association, or other entity who violates this subsection shall be guilty of a misdemeanor.
(c)
A person shall not be civilly liable as a result of the person's acts, omissions, or decisions as an officer or employee or agent in connection with the person's duties for the department under this article.
(d)
Unless otherwise provided in this article, the data collected by and furnished to the department pursuant to this article shall not be public records under Article 4 of Chapter 18 of Title 50 or any other law governing the maintenance, inspection, or dissemination of data collected by the state. The reports prepared for release or dissemination from the data collected shall be public records under Article 4 of Chapter 18 of Title 50. The confidentiality of patients shall be protected and no provision of this article shall affect any provision of law relating to patient confidentiality.
(e)
No cause of action shall arise against a person, entity, or health care provider for disclosing or reporting information in accordance with this article; provided, however, that this Code section shall not provide immunity for disclosing or furnishing false information with malice or willful intent to injure any person.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 13 - PRIVATE HOME CARE PROVIDERS (§§ 31-7-300 — 31-7-308) › Section 31-7-300 - Definitions

As used in this article, the term:
(1)
"Companion or sitter tasks" means the following tasks which are provided to elderly, handicapped, or convalescing individuals: transport and escort services; meal preparation and serving; and household tasks essential to cleanliness and safety. These tasks do not include assistance with bathing, toileting, grooming, shaving, dental care, dressing, and eating.
(2)
"Department" means the Department of Community Health.
(3)
"Personal care tasks" means assistance with bathing, toileting, grooming, shaving, dental care, dressing, and eating; and may include but are not limited to proper nutrition, home management, housekeeping tasks, ambulation and transfer, and medically related activities, including the taking of vital signs only in conjunction with the above tasks.
(4)
"Private home care provider" means any person, business entity, corporation, or association, whether operated for profit or not for profit, that directly provides or makes provision for private home care services through:
(A)
Its own employees who provide nursing services, personal care tasks, or companion or sitter tasks;
(B)
Contractual arrangements with independent contractors who are health care professionals licensed pursuant to Title 43; or
(C)
Referral of other persons to render home care services, when the individual making the referral has ownership or financial interest in the delivery of those services by those other persons who would deliver those services.
(5)
"Private home care services" means those items and services provided at a patient's residence that involve direct care to that patient and includes, without limitation, any or all of the following:
(A)
Nursing services, provided that such services can only be provided by a person licensed under Chapter 26 of Title 43;
(B)
Personal care tasks; and
(C)
Companion or sitter tasks.
Private home care services shall not include physical, speech, or occupational therapy; medical nutrition therapy; medical social services; or home health aide services provided by a home health agency.
(6)
"Residence" means the place where an individual makes that person's permanent or temporary home, whether that person's own apartment or house, a friend or relative's home, or a personal care home, but shall not include a hospital, nursing home, hospice, or other health care facility licensed under Article 1 of this chapter.
Amended by 2015 Ga. Laws 60,§ 2, eff. 7/1/2015.
Amended by 2008 Ga. Laws 392,§ 2-23, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 13 - PRIVATE HOME CARE PROVIDERS (§§ 31-7-300 — 31-7-308) › Section 31-7-301 - License requirement; license not assignable or transferable

Except as otherwise provided in this article, on and after July 1, 1996, no person, business entity, corporation, or association, whether operated for profit or not for profit, may operate as a private home care provider without first obtaining a license or provisional license from the department. A license issued under this article is not assignable or transferable.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 13 - PRIVATE HOME CARE PROVIDERS (§§ 31-7-300 — 31-7-308) › Section 31-7-302 - Rules and regulations; authority of department to issue, suspend, or revoke licenses

The department is authorized to promulgate rules and regulations to implement this article. The department is authorized to issue, deny, suspend, or revoke licenses or take other disciplinary actions against licensees as provided in Code Section
31-2-8
.
Amended by 2011 Ga. Laws 244,§ 4-7, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-9, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 13 - PRIVATE HOME CARE PROVIDERS (§§ 31-7-300 — 31-7-308) › Section 31-7-303 - Inspections; requirements for exemption

Each private home care provider for which a license has been issued shall be inspected by the department periodically; provided, however, the department may exempt a provider from inspections if it is certified or accredited by a certification or accreditation entity recognized and approved by the department. A provider seeking exemption from inspection shall be required to submit to the department documentation of certification or accreditation, including a copy of its most recent certification or accreditation report.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 13 - PRIVATE HOME CARE PROVIDERS (§§ 31-7-300 — 31-7-308) › Section 31-7-304 - Fees

The department is authorized to charge an application fee, a license fee, a license renewal fee, or a similar fee; and the amount of such fees shall be established by the Board of Community Health. Each fee so established shall be reasonable and shall be determined in such a manner that the total of the fees charged shall approximate the total of the direct and the indirect costs to the state of the operation of the licensing program. Fees may be refunded for good cause as determined by the department.
Amended by 2009 Ga. Laws 102,§ 1-5, eff. 7/1/2009.
Amended by 2009 Ga. Laws 8,§ 31, eff. 4/14/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 13 - PRIVATE HOME CARE PROVIDERS (§§ 31-7-300 — 31-7-308) › Section 31-7-305 - Exempt services

This article shall not apply to private home care services which are provided under the following conditions:
(1)
When those services are provided directly by an individual, either with or without compensation, and not by agents or employees of the individual and not through independent contractors or referral arrangements made by an individual who has ownership or financial interest in the delivery of those services by others who would deliver those services;
(2)
When those services are home infusion therapy services and the intermittent skilled nursing care is provided only as an integral part of the delivery and infusion of pharmaceuticals, but such skilled nursing care, whether hourly or intermittent, which provides care licensed by this article beyond the basic delivery and infusion of pharmaceuticals is not exempt;
(3)
When those services are provided through the temporary placement of professionals and paraprofessionals to perform those services in places other than a person's residence;
(4)
When those services are provided by home health agencies which are licensed under Article 7 of this chapter;
(5)
When those services are provided in a personal care home by the staff of the personal care home;
(6)
When those services are services within the scope of practice of pharmacy and provided by persons licensed to practice pharmacy; and
(7)
When those services are provided directly by an individual on a volunteer basis through a senior volunteer program, which includes the foster grandparent program, the senior companion program, and the retired and senior volunteer program. In no case shall there be remuneration to any person, firm, corporation, or volunteer for services rendered or coordination of services in conjunction with the senior volunteer program or the foster grandparent program.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 13 - PRIVATE HOME CARE PROVIDERS (§§ 31-7-300 — 31-7-308) › Section 31-7-306 - Applications received prior to effective date of article

A person, business entity, corporation, or association which has applied for a license pursuant to this article prior to July 1, 1996, but which has not been granted such license within 180 days after rules implementing this article have become effective shall be authorized to continue to operate without such license until 90 days after the application for license has been denied.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 13 - PRIVATE HOME CARE PROVIDERS (§§ 31-7-300 — 31-7-308) › Section 31-7-307 - Certificate of need not required of licensees; operation of licensee as home health agency not authorized

(a)
A certificate of need issued pursuant to Chapter 6 of this title is not required for any person, business entity, corporation, or association, whether operated for profit or not for profit, which is operating as a private home care provider as long as such operation does not also constitute such person, entity, or organization operating as a home health agency or personal care home under this chapter.
(b)
A license issued under this article shall not entitle the licensee to operate as a home health agency, as defined in Code Section
31-7-150
, under medicare or Medicaid guidelines.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - NURSING HOMES EMPLOYEE RECORDS CHECKS (§§ 31-7-350 — 31-7-361) › Section 31-7-350 - Short title; purpose

(a)
This article shall be known and may be cited as the "Georgia Long-term Care Background Check Program."
(b)
The purpose of this article is to establish the minimum standards for the Georgia Long-term Care Background Check Program for conducting criminal background checks of owners, applicants for employment, and direct access employees at certain facilities.
Amended by 2018 Ga. Laws 420,§ 1-4, eff. 10/1/2019.
Amended by 2013 Ga. Laws 132,§ 3-4, eff. 7/1/2013.
Amended by 2012 Ga. Laws 709,§ VIII-8-13, eff. 7/1/2012.
Amended by 2001 Ga. Laws 255, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - NURSING HOMES EMPLOYEE RECORDS CHECKS (§§ 31-7-350 — 31-7-361) › Section 31-7-352 - Registry check required; validation of licensing

(a)
A registry check of an owner, applicant, or employee shall be required prior to a criminal background check and shall be initiated by the applicable facility. A registry check shall be performed by such facility and may include reviewing registries of any other states in which the applicant previously resided. If an applicant has not resided in this state for at least two years, the facility shall conduct registry checks of each state in which the applicant resided for the previous two years, as represented by such applicant or as otherwise determined by the applicable facility.
(b)
If applicable to an owner, applicant, or employee, a query of available information maintained by the Georgia Composite Medical Board, the Secretary of State, or other applicable licensing boards shall be conducted prior to a criminal background check to validate that such individual's professional license is in good standing.
(c)
Except as provided in subsection (c) of Code Section
31-7-359
, nothing in this Code section shall be construed to limit the responsibility or ability of a facility to screen owners, applicants, or employees through additional methods.
Amended by 2018 Ga. Laws 420,§ 1-4, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - NURSING HOMES EMPLOYEE RECORDS CHECKS (§§ 31-7-350 — 31-7-361) › Section 31-7-354 - Consent to background checks; certain results of background check barring employment; rights of owner, applicant, or employee

(a)
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.
(b)
(1)
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:
(A)
The individual appears on a registry check;
(B)
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;
(C)
The individual's professional license, if applicable, is not in good standing; or
(D)
The facility receives notice from the department that the individual has been found to have an unsatisfactory determination.
(2)
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.
(c)
An owner, applicant, or employee may:
(1)
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;
(2)
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
(3)
Appeal his or her disqualifying unsatisfactory determination pursuant to Code Section
31-7-358
.
Amended by 2018 Ga. Laws 420,§ 1-4, eff. 10/1/2019.
Added by 2008 Ga. Laws 392,§ 2-25, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - NURSING HOMES EMPLOYEE RECORDS CHECKS (§§ 31-7-350 — 31-7-361) › Section 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.
Amended by 2018 Ga. Laws 420,§ 1-4, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - NURSING HOMES EMPLOYEE RECORDS CHECKS (§§ 31-7-350 — 31-7-361) › Section 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."
Amended by 2018 Ga. Laws 420,§ 1-4, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - NURSING HOMES EMPLOYEE RECORDS CHECKS (§§ 31-7-350 — 31-7-361) › Section 31-7-359 - Liability for civil damages; sovereign immunity not waived

(a)
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.
(b)
(1)
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.
(2)
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.
(c)
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.
(d)
Nothing in this article shall be construed to waive the sovereign immunity of the state, the department, or any other entity of the state.
Amended by 2018 Ga. Laws 420,§ 1-4, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - NURSING HOMES EMPLOYEE RECORDS CHECKS (§§ 31-7-350 — 31-7-361) › Section 31-7-360 - Rules and regulations

The department shall promulgate written rules and regulations related to the requirements and implementation of this article.
Amended by 2018 Ga. Laws 420,§ 1-4, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - NURSING HOMES EMPLOYEE RECORDS CHECKS (§§ 31-7-350 — 31-7-361) › Section 31-7-361 - Transfer of responsibilities, rights, and personnel between departments

(a)
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.
(b)
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.
(c)
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.
Amended by 2018 Ga. Laws 420,§ 1-4, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - EMPLOYMENT ELIGIBILITY CHECKS BY FAMILY MEMBERS OR GUARDIANS OF ELDERLY PERSONS (§§ 31-7-380 — 31-7-386) › Section 31-7-380 - Purpose and intent

The purpose of this article is to enable employers who are family members or guardians of elderly persons or disabled 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.
Amended by 2024 Ga. Laws 619,§ 1, eff. 7/1/2024.
Added by 2018 Ga. Laws 420,§ 1-5, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - EMPLOYMENT ELIGIBILITY CHECKS BY FAMILY MEMBERS OR GUARDIANS OF ELDERLY PERSONS (§§ 31-7-380 — 31-7-386) › Section 31-7-381 - Definitions

As used in this article, the term:
(1)
"Applicant" means an individual applying to provide personal care services to an elderly or disabled person in a residence or location not licensed by the department.
(2)
"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.
(2.1)
"Disabled person" means an adult or child who is mentally or physically incapacitated or has Alzheimer's disease or has dementia.
(3)
"Elderly person" means an individual who is 65 years of age or older.
(4)
"Employee" means any individual who is providing personal care services to an elderly or disabled person in a residence or location not licensed by the department.
(5)
"Employer" means an individual who is considering an applicant or has hired an employee for a family member or ward or themselves, if they meet the statutory criteria and are independent. Such term shall include entities arranging care for Medicaid members through structured family caregiving.
(6)
"Family member" means an individual with a close familial relationship, including, but not limited to, a spouse, parent, sibling, or grandparent.
(7)
"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.
(8)
"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.
(9)
"Ward" means an elderly or disabled person for whom a guardian has been appointed pursuant to Title 29.
Amended by 2024 Ga. Laws 619,§ 2, eff. 7/1/2024.
Added by 2018 Ga. Laws 420,§ 1-5, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - EMPLOYMENT ELIGIBILITY CHECKS BY FAMILY MEMBERS OR GUARDIANS OF ELDERLY PERSONS (§§ 31-7-380 — 31-7-386) › Section 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.
Amended by 2019 Ga. Laws 74,§ 3, eff. 10/1/2019.
Added by 2018 Ga. Laws 420,§ 1-5, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - EMPLOYMENT ELIGIBILITY CHECKS BY FAMILY MEMBERS OR GUARDIANS OF ELDERLY PERSONS (§§ 31-7-380 — 31-7-386) › Section 31-7-383 - Private employer's inquiry with department on eligibility of employee; employer responsible for decisions

(a)
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.
(b)
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.
Added by 2018 Ga. Laws 420,§ 1-5, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - EMPLOYMENT ELIGIBILITY CHECKS BY FAMILY MEMBERS OR GUARDIANS OF ELDERLY PERSONS (§§ 31-7-380 — 31-7-386) › Section 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
.
Added by 2018 Ga. Laws 420,§ 1-5, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - EMPLOYMENT ELIGIBILITY CHECKS BY FAMILY MEMBERS OR GUARDIANS OF ELDERLY PERSONS (§§ 31-7-380 — 31-7-386) › Section 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.
Added by 2018 Ga. Laws 420,§ 1-5, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 14 - EMPLOYMENT ELIGIBILITY CHECKS BY FAMILY MEMBERS OR GUARDIANS OF ELDERLY PERSONS (§§ 31-7-380 — 31-7-386) › Section 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.
Added by 2018 Ga. Laws 420,§ 1-5, eff. 10/1/2019.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 15 - HOSPITAL ACQUISITION (§§ 31-7-400 — 31-7-412) › Section 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.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 15 - HOSPITAL ACQUISITION (§§ 31-7-400 — 31-7-412) › Section 31-7-402 - Content and form of notice to Attorney General; retention of experts; payment of costs and expenses

(a)
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.
(b)
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.
(c)
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.
Amended by 2012 Ga. Laws 605,§ 6, eff. 4/17/2012.
Amended by 2009 Ga. Laws 142,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 15 - HOSPITAL ACQUISITION (§§ 31-7-400 — 31-7-412) › Section 31-7-404 - Publication of notice

Within ten working days after receipt of notice under this article, the Attorney General shall publish notice of the proposed transaction in a newspaper of general circulation in the county where the main campus of the hospital is located and shall notify in writing the governing authority of such county. The published notice required by this Code section shall state that the Attorney General has received notice of a proposed transaction, the names of the parties to the proposed transaction, the date, time, and place of the public hearing regarding the transaction, and the means by which a person may submit written comments about the proposed transaction to the Attorney General.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 15 - HOSPITAL ACQUISITION (§§ 31-7-400 — 31-7-412) › Section 31-7-405 - Public hearing; expert or consultant required to testify; testimony; representative of acquiring entity to testify

(a)
Within 60 days after receipt of the notice under this article, the Attorney General shall conduct a public hearing regarding the proposed transaction in the county in which the main campus of the hospital is located. At such hearing, the Attorney General shall provide an opportunity for those persons in favor of the transaction, those persons opposed to the transaction, and other interested persons to be heard. The Attorney General shall also receive written comments regarding the transaction from any interested person, and such written comments shall be considered public records pursuant to Article 4 of Chapter 18 of Title 50.
(b)
Any expert or consultant retained by the nonprofit corporation to prepare the financial and economic analysis of the proposed transaction shall be required to appear and testify at the public hearing regarding his or her report if requested to do so by the Attorney General and may be questioned by the Attorney General. Such expert or consultant shall make the same disclosure required by members and officers under paragraphs (1) and (2) of subsection (b) of Code Section
31-7-403
. The independent expert or consultant retained by the Attorney General to review the proposed transaction shall also appear and testify at the public hearing regarding his or her findings and analysis.
(c)
At least one member of the governing board of the seller or lessor shall be designated by the seller or lessor, and at least one representative of the acquiring entity shall be designated by the acquiring entity, which designees shall appear and testify under oath at the public hearing and shall be subject to questioning by the Attorney General.
Amended by 2012 Ga. Laws 605,§ 7, eff. 4/17/2012.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 15 - HOSPITAL ACQUISITION (§§ 31-7-400 — 31-7-412) › Section 31-7-407 - Attorney General to ensure compliance with article; other persons not precluded from instituting judicial proceedings

The Attorney General shall have the authority to ensure compliance with any and all notices, certifications, obligations, and commitments which are required to be made in connection with a transaction under this article and may institute proceedings to enforce such compliance in the superior court of the county in which the main campus of the hospital is located. This provision shall not preclude any other person with standing from instituting judicial proceedings regarding the proposed disposition.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 15 - HOSPITAL ACQUISITION (§§ 31-7-400 — 31-7-412) › Section 31-7-407.1 - Report of findings

The Attorney General shall issue a report of findings addressing the issues outlined in Code Section
31-7-406
within 30 days of the public hearing; provided, however, the time for issuing said report may be extended for an additional 30 days if the Attorney General finds there has been a failure by the entities involved in the transaction under review or any of them, to comply with disclosures required by this article or to respond to subpoenas or other process authorized by this article, and additional extensions may be ordered upon a continuation of a failure to so comply.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 15 - HOSPITAL ACQUISITION (§§ 31-7-400 — 31-7-412) › Section 31-7-408 - Notice required prior to issuance or renewal of permit to operate hospital; permit subject to revocation or suspension for failure to comply

No permit to operate a hospital may be issued or renewed under this chapter or any other applicable statute or regulation and a permit which has been issued shall be subject to revocation or suspension if there is a disposition or acquisition of hospital assets as defined in this article without notice first having been provided to the Attorney General as required by this article.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 15 - HOSPITAL ACQUISITION (§§ 31-7-400 — 31-7-412) › Section 31-7-409 - Prospective operation of article

(a)
Any transaction completed before October 31, 1997, or any transaction that is subject to a pending definitive agreement as of October 31, 1997, and which is either conditioned only upon receipt of regulatory approval, or is subject to a pending judicial proceeding as of April 1, 1997, is not subject to the requirements of this article.
(b)
Any lease which is exempted from the operation of this article pursuant to subsection (a) of this Code section and which contained, on October 31, 1997, an option to renew that lease upon its expiration shall not be subject to this article upon any renewal on or after April 28, 1999.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 15 - HOSPITAL ACQUISITION (§§ 31-7-400 — 31-7-412) › Section 31-7-410 - Authority of Attorney General unaffected

No provision of this article shall derogate from the common law or statutory authority of the Attorney General.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 15 - HOSPITAL ACQUISITION (§§ 31-7-400 — 31-7-412) › Section 31-7-411 - Attorney General's power under article same as under Code Section 45-15-17

In connection with the Attorney General's responsibilities under this article and in connection with the public hearing required by this article, the Attorney General shall have the same power to investigate and issue subpoenas as the Attorney General has with respect to investigations authorized under Code Section
45-15-17
.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 15 - HOSPITAL ACQUISITION (§§ 31-7-400 — 31-7-412) › Section 31-7-412 - Disposition or acquisition made in violation of requirements of article null and void; violators subject to fine; Attorney General to instigate proceedings to impose fine within one year

(a)
Any disposition or acquisition of assets made in violation of the notice, disclosure, and certification requirements of this article shall be null and void, and each nonprofit entity and acquiring entity engaging in such disposition or acquisition shall be subject to a fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the unlawful disposition or acquisition.
(b)
Any person knowingly and willfully making a false statement in a certification under Code Section
31-7-403
or subsection (b) of Code Section
31-7-405
, in addition to any criminal penalty which may be imposed pursuant to Code Section
16-10-71
, shall be subject to a civil fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the date of the certification.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 7 - REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES (§§ 31-7-1 — 31-7-435) › Article 16 - [DESIGNATED ESSENTIAL CAREGIVER] (§§ 31-7-430 — 31-7-435) › Section 31-7-430 - [Definitions]

As used in this article, the term:
(1)
"Designated essential caregiver" means a person who is age 18 years old or older and who has been designated by a patient or resident who is an adult, or by a parent, guardian, or person standing in loco parentis for a patient or resident who is a minor, to assist with such patient's or resident's personal needs and activities and to support the health, healthcare, long-term care, and overall well-being of such patient or resident. Unless otherwise designated by an adult patient or resident, such designated essential caregiver shall be the person authorized and empowered to act on behalf of the patient or resident pursuant to Code Section
31-9-2
.
(2)
"Hospital" means a hospital licensed pursuant to this chapter.
(3)
"Long-term care facility" means a skilled nursing home, intermediate care home, personal care home, assisted living community, community living arrangement, or inpatient hospice facility licensed or permitted to operate pursuant to this chapter.
(4)
"Visitor" means any individual authorized by an adult patient, resident, or designated essential caregiver of such patient or resident to have access to in-person visitation in a hospital or long-term care facility with such patient or resident.
Added by 2024 Ga. Laws 573,§ 2, eff. 7/1/2024.