reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 3 - LONG-TERM CARE OMBUDSMAN PROGRAM (§§ 31-8-50 — 31-8-63) › Section 31-8-59 - Notice to residents

The state ombudsman shall prepare and distribute to each long-term care facility in the state a written notice describing the long-term care ombudsman program and the procedure to follow in making a complaint, including the address and telephone number of the state ombudsman and community ombudsman, if any. The administrator shall give the written notice required by this Code section to each resident and his legally appointed guardian, if any, upon admission. The administrator shall also post such written notice in conspicuous public places in the facility in accordance with procedures provided by the state ombudsman and shall give such notice to any resident and his legally appointed guardian, if any, who did not receive it upon admission. The failure to provide the notices required by this Code section shall be a ground upon which the department may revoke any permit issued to a long-term care facility under Code Section
31-7-1
.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 3 - LONG-TERM CARE OMBUDSMAN PROGRAM (§§ 31-8-50 — 31-8-63) › Section 31-8-60 - Retaliation against resident and interference with ombudsman prohibited; provisions applicable to violations

No person shall discriminate or retaliate in any manner against any resident or relative or guardian of a resident, any employee of a long-term care facility, or any other person because of the making of a complaint or providing of information in good faith to the state ombudsman or community ombudsman. No person shall willfully interfere with the state ombudsman or community ombudsman in the performance of his or her official duties. Code Sections
31-2-8
and
31-5-8
shall apply fully to any violation of this article.
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 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 3 - LONG-TERM CARE OMBUDSMAN PROGRAM (§§ 31-8-50 — 31-8-63) › Section 31-8-61 - Liability for provision of information

Notwithstanding any other provision of law, no person providing information, including, but not limited to, patient records, to the state ombudsman or a community ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that it was false.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 3 - LONG-TERM CARE OMBUDSMAN PROGRAM (§§ 31-8-50 — 31-8-63) › Section 31-8-62 - Liability arising from complaints

Any person who, in good faith, makes a complaint or provides information as authorized in this article shall incur no civil or criminal liability therefor. Any state or community ombudsman who, in good faith, performs his or her official duties, including but not limited to, making a statement or communication relevant to a complaint received or an investigative activity conducted pursuant to this article shall incur no civil or criminal liability therefor.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 3 - LONG-TERM CARE OMBUDSMAN PROGRAM (§§ 31-8-50 — 31-8-63) › Section 31-8-63 - Rules and regulations

The department is authorized to adopt and promulgate rules and regulations to implement this article.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 4 - REPORTING ABUSE OR EXPLOITATION OF RESIDENTS IN LONG-TERM CARE FACILITIES (§§ 31-8-80 — 31-8-88) › Section 31-8-80 - Short title

This article shall be known as the "Long-term Care Facility Resident Abuse Reporting Act."
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 4 - REPORTING ABUSE OR EXPLOITATION OF RESIDENTS IN LONG-TERM CARE FACILITIES (§§ 31-8-80 — 31-8-88) › Section 31-8-81 - Definitions

As used in this article, the term:
(1)
"Abuse" means any intentional or grossly negligent act or series of acts or intentional or grossly negligent omission to act which causes injury to a resident, including, but not limited to, assault or battery, failure to provide treatment or care, or sexual harassment of the resident.
(1.1)
"Department" means the Department of Community Health.
(2)
"Exploitation" means the illegal or improper use of a resident or the resident's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another's profit or advantage.
(3)
"Long-term care facility" or "facility" means any skilled nursing home, intermediate care home, assisted living community, personal care home, or community living arrangement now or hereafter subject to regulation and licensure by the department.
(4)
"Resident" means any person receiving treatment or care in a long-term care facility.
Amended by 2013 Ga. Laws 132,§ 1-11, eff. 7/1/2013.
Amended by 2011 Ga. Laws 244,§ 4-11, eff. 7/1/2011.
Amended by 2011 Ga. Laws 56,§ 19, eff. 7/1/2011.
Amended by 2007 Ga. Laws 126,§ 3, eff. 7/1/2007.
Amended by 2003 Ga. Laws 210, § 4, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 4 - REPORTING ABUSE OR EXPLOITATION OF RESIDENTS IN LONG-TERM CARE FACILITIES (§§ 31-8-80 — 31-8-88) › Section 31-8-83 - Investigations

(a)
The department shall immediately initiate an investigation after the receipt of any report. The department shall direct and conduct all investigations; however, it may delegate the conduct of investigations to local police authorities or other appropriate agencies. If such delegation occurs, the agency to which authority has been delegated must report the results of its investigation to the department immediately upon completion.
(b)
The investigation shall determine the nature, cause, and extent of the reported abuse or exploitation, an assessment of the current condition of the resident, and an assessment of needed action and services. Where appropriate, the investigation shall include a prompt visit to the resident.
(c)
The investigating agency shall collect and preserve all evidence relating to the suspected abuse or exploitation.
(d)
All state, county, and municipal law enforcement agencies, employees of long-term care facilities, and other appropriate persons shall cooperate with the department or investigating agency in the administration of this article.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 4 - REPORTING ABUSE OR EXPLOITATION OF RESIDENTS IN LONG-TERM CARE FACILITIES (§§ 31-8-80 — 31-8-88) › Section 31-8-84 - Evaluation of results of investigation; protection of resident

(a)
Upon the receipt of the results of an investigation, the department, in cooperation with the investigating agency, shall immediately evaluate such results to determine what actions shall be taken to assist the resident.
(b)
The department or an agency designated by the department shall assist and prevent further harm to a resident who has been abused or exploited. The department may also take appropriate legal actions to assure the safety and welfare of all other residents of the facility where necessary.
(c)
Within a reasonable time not to exceed 30 days after it has initiated action to assist a resident, the department shall determine the current condition of the resident, whether the abuse or exploitation has been abated, and whether continued assistance is necessary.
(d)
If as a result of an investigation a determination is made that a resident has been abused or exploited, the department shall contact the appropriate prosecuting authority and provide all information and evidence to such prosecuting authority.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 4 - REPORTING ABUSE OR EXPLOITATION OF RESIDENTS IN LONG-TERM CARE FACILITIES (§§ 31-8-80 — 31-8-88) › Section 31-8-85 - Immunity from liability

(a)
Any agency or person who in good faith makes a report or provides information or evidence pursuant to this article shall be immune from liability for such actions.
(b)
Neither the department nor its employees, when acting in good faith and with reasonable diligence, shall have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with the collection or release of information pursuant to this article and neither shall be subject to suit based upon any such claims.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 4 - REPORTING ABUSE OR EXPLOITATION OF RESIDENTS IN LONG-TERM CARE FACILITIES (§§ 31-8-80 — 31-8-88) › Section 31-8-86 - Confidentiality

The identities of the resident, the alleged perpetrator, and persons making a report or providing information or evidence shall not be disclosed to the public unless required to be revealed in court proceedings or upon the written consent of the person whose identity is to be revealed or as otherwise required by law. Upon the resident's or his or her representative's request, the department shall make information obtained in an abuse report or complaint and an investigation available to an allegedly abused or exploited resident or his or her representative for inspection or duplication, except that such disclosure shall be made without revealing the identity of any other resident, the person making the report, or persons providing information by name or inference. For the purpose of this Code section, the term "representative" shall include any person authorized in writing by the resident or appointed by an appropriate court to act upon the resident's behalf. The term "representative" also shall include a family member of a deceased or physically or mentally impaired resident unable to grant authorization; provided, however, that such family members who do not have written or court authorization shall not be authorized by this Code section to receive the resident's health records as defined in Code Section
31-33-1
. Nothing in this Code section shall be construed to deny agencies participating in joint investigations at the request of and with the department, or conducting separate investigations of abuse or exploitation within an agency's scope of authority, or law enforcement personnel who are conducting an investigation into any criminal offense in which a resident is a victim from having access to such records.
Amended by 2013 Ga. Laws 132,§ 1-13, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 4 - REPORTING ABUSE OR EXPLOITATION OF RESIDENTS IN LONG-TERM CARE FACILITIES (§§ 31-8-80 — 31-8-88) › Section 31-8-87 - Retaliation prohibited

No person or facility shall discriminate or retaliate in any manner against any person for making a report or providing information pursuant to this article or against any resident who is the subject of a report. Nothing in this Code section shall be construed to prohibit the termination of the relationship between the facility and the resident for reasons other than that the facility has been made the subject of a report, that such a report has been made, or that information has been provided pursuant to this article.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 4 - REPORTING ABUSE OR EXPLOITATION OF RESIDENTS IN LONG-TERM CARE FACILITIES (§§ 31-8-80 — 31-8-88) › Section 31-8-88 - Notice of requirements of article

The department shall prepare a written notice describing the reporting requirements set forth in this article. Such notice shall be distributed to all long-term care facilities and hospitals in the state and copies thereof shall be posted in conspicuous locations within facilities and hospitals.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-100 - Short title

This article shall be known and may be cited as the "Bill of Rights for Residents of Long-term Care Facilities."
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-101 - Legislative intent

The General Assembly finds that persons residing within long-term care facilities are isolated from the community and often lack the means to assert fully their rights as individual citizens. The General Assembly further recognizes the need for these persons to live within the least restrictive environment possible in order to retain their individuality and personal freedom. It is therefore the intent of the General Assembly to preserve the dignity and personal integrity of residents of long-term care facilities through the recognition and declaration of rights safeguarding against encroachments upon each resident's need for self-determination. It is the further intent of the General Assembly that this article complement and not duplicate or substitute for other survey and inspection programs regarding long-term care facilities.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-102 - Definitions

As used in this article, the term:
(1)
"Administrator" means a person, duly licensed as a nursing home administrator under Chapter 27 of Title 43, who operates or manages or is in charge of a long-term care facility.
(1.1)
"Department" means the Department of Community Health.
(2)
"Guardian" means a resident's legal guardian or conservator, or the parent of a minor representative who does not have a duly appointed guardian.
(3)
"Long-term care facility" or "facility" means any intermediate care home, skilled nursing home, or intermingled home subject to regulation and licensure by the department.
(4)
"Representative" means a person authorized by a resident or his guardian to act for the resident as an official delegate or agent.
(5)
"Resident" means any person who is receiving treatment or care in any long-term care facility. Such resident shall be entitled to exercise all rights provided under this article except as limited by a court of competent jurisdiction or by applicable law.
Amended by 2011 Ga. Laws 244,§ 4-12, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-103 - Rights of residents generally

Residents' rights shall include, but not be limited to, the rights provided in Code Sections
31-8-104
through
31-8-121
.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-104 - Explanation of rights; acknowledgment of explanation; posting of rights at facilities

Each resident and his guardian or representative, if the resident does not have a guardian, shall be given by the facility a written and oral explanation of the rights, grievance procedures, and enforcement provisions provided for by this article before or at the time of admission to a long-term care facility. Written acknowledgment of the receipt of such explanation by the resident and his guardian or representative shall be made a part of the resident's file. In addition, each facility shall post written notices of such rights in conspicuous locations in the facility. Such written notices shall be prepared by the department. The notices shall be prepared in type and format which is easily readable by residents and shall describe residents' rights, grievance procedures, and enforcement provisions provided for by this article.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-105 - Giving certain notices to persons who became residents before July 1, 1981

Any person who became a resident before July 1, 1981, shall receive the notices required under Code Section
31-8-104
; paragraphs (2), (3), and (4) of subsection (a) of Code Section
31-8-106
; subsection (a) of Code Section
31-8-110
; and paragraph (4) of subsection (b) of Code Section
31-8-115
no later than September 30, 1981.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-106 - Information to be provided residents upon admission; list of current rates and services; bill for charges; access to nonmedical records

(a)
At the time of admission, the facility must provide the resident with:
(1)
A written notice of the facility's basic daily or monthly rates;
(2)
A written statement of all facility services, including those offered on a needed basis, and related charges, including any extra charges for services not covered under medicare or Medicaid or by the facility's basic daily or monthly rate;
(3)
A statement disclosing the facility's name and business address and the name and business address of the administrator of the facility. Upon request an applicant or resident shall be furnished with a copy of the annual disclosure statement filed with the Department of Community Health; and
(4)
Notice of the right of access to the written policies and procedures of the facilities. Access to these policies and procedures shall be permitted during ordinary business hours.
(b)
Upon a resident's request, the facility must provide that resident with a current list of all services and charges. Current charges must be posted in a conspicuous location.
(c)
The facility must inform each resident in writing, at least 30 days in advance of the effective date, of any changes in rates or the services that these rates cover.
(d)
A facility must bill for charges at least once a month unless otherwise agreed. Each bill must itemize charges for:
(1)
The daily or monthly rate; and
(2)
All extra charges.
(e)
Each resident or guardian shall be permitted to inspect and receive a copy of the resident's nonmedical records kept by the facility. The facility may charge a reasonable fee for duplication, which fee shall not exceed actual cost.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-107 - Refusal of admission or continued residence on the basis of history or condition of mental or physical disease or disability

Each resident or person requesting admission to a facility shall be free from discrimination by the facility through its refusing admission or continued residency on the basis of the resident's or applicant's history or condition of mental or physical disease or disability, unless such admission would cause the facility or any resident to lose eligibility for any state or federal program of financial assistance or unless the facility cannot provide adequate and appropriate care, treatment, and services to the resident due to such disease or disability.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-109 - Use or threat of physical restraints, isolation, or restrictions on mobility

(a)
Each resident shall be free from actual or threatened physical restraints, isolation, or restrictions on mobility within or outside the facility grounds, including the use of drugs to limit mobility, except to the minimum extent necessary to protect the resident from immediate injury to the resident or to others. In no event shall restraints, restrictions, or isolation be used for punishment, incentive, behavior conditioning or modification, or for the convenience of the facility.
(b)
Restraints, restrictions, or isolation shall be used only subject to the following conditions:
(1)
Prior to authorizing restraints, restrictions, or isolation, the attending physician shall make a personal examination and individualized determination of the need to use such restraints, restriction, or isolation on that resident and shall specify a reasonable time for such use. No restraint, restriction, or isolation shall be used by the facility longer than 65 days for intermediate care residents and longer than 35 days for skilled nursing residents, except by reorder of the attending physician after personal examination of the resident. Irrespective of such time period specified, restraints, restrictions, or isolation shall not be used beyond the period of actual need;
(2)
In an emergency situation, restraints, restrictions, or isolation shall be authorized by the person in charge only to protect the resident from immediate injury to the resident or others and shall not be continued for more than 12 hours after the onset of the emergency without personal examination and authorization by the attending physician;
(3)
The resident and a person designated by the resident, if any, shall be informed immediately of the need for the use of restraint, restriction, or isolation, the reasons for such use, and the time the physician has specified for such use. Such information shall be recorded in the resident's file;
(4)
A restrained or isolated resident shall be monitored by the staff at least every hour and released and exercised at least every two hours, except during normal sleeping hours; and
(5)
When a restraint, restriction, or isolation is used under this Code section, the resident shall retain all rights enumerated in this article.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-110 - Right to select pharmacy or pharmacist; charges for pharmaceutical supplies and services; information as to purpose and effects of drugs

(a)
Each resident or guardian shall be permitted to select the pharmacy or pharmacist of his choice for those pharmaceutical supplies and services not provided by the facility as a part of the basic rate. However, if the facility under its policies or procedures utilizes a specific type of unit dose system, such pharmacy or pharmacist must provide pharmaceuticals under such system. The resident or guardian shall be informed in writing at the time of admission of the resident as to which pharmaceutical supplies and services are not so provided.
(b)
No person shall be discriminated against as to admission or continued residency on the basis of the person's choice of pharmacy, pharmacist, or both.
(c)
Subject to the resident's choice of pharmacy or pharmacist, each resident shall receive pharmaceutical supplies and services at reasonable prices not exceeding applicable and normally accepted prices for comparably packaged pharmaceutical supplies and services within the community.
(d)
Each resident or guardian shall, on his request, be informed of the identity, purpose, and possible reactions to each drug to be administered.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-111 - Rights as citizen

Each resident shall be encouraged and assisted by the facility to exercise all rights, benefits, and privileges as a citizen including, but not limited to, the following:
(1)
The right to vote. Residents who are eligible to vote shall have the right to vote in primary, special, and general elections and in referendums. The facility shall permit and reasonably assist residents to obtain voter registration forms, applications for absentee ballots, and absentee ballots and to comply with other requirements which are prerequisites for voting;
(2)
The right to free exercise of religion as well as freedom from imposition of religious beliefs or practices;
(3)
The right to associate, meet, and communicate privately with persons of the resident's choice; and
(4)
The right to participate, inside and outside the facility, in social, family, religious, and community group activities.
Amended by 2012 Ga. Laws 684,§ 31, eff. 5/1/2012.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-112 - Freedom from duty to perform services for facility; right to rise and retire at times of resident's choice; tobacco and alcoholic beverages; freedom to enter and leave facility

(a)
Each resident shall be free from a duty to perform services for the facility.
(b)
Each resident shall be permitted to rise and retire at times of his choice, if the resident does not interfere with the rights of others.
(c)
Unless contradictory to written admission policies of which the resident, guardian, or representative is informed prior to admission, each resident shall be permitted to use tobacco and to consume alcoholic beverages, subject to the facility's policies and safety rules and applicable state law, if the resident does not interfere with the rights of others.
(d)
Each resident shall be free to enter and leave the facility as the resident chooses.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-113 - Right to retain and use personal property at facility; provision of secure storage space for such property; records of stored property; investigation of complaints of theft

(a)
Each resident shall be permitted to retain and use his personal property, including funds and clothing, in his immediate living quarters as space permits.
(b)
Upon request, the facility shall provide a means of securing the resident's property in his room or in any other secured part of the facility so long as the resident has access to such property on weekdays and, where facility policy allows, on weekends and holidays. Each facility shall keep a record of all personal property deposited within a secured part of the facility.
(c)
The facility shall develop procedures for investigating complaints concerning thefts of residents' property and shall promptly investigate all such complaints and report the results of its investigation to the complainant.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-114 - Right to privacy

Each resident shall enjoy the right of privacy including, but not limited to, the following:
(1)
The right to privacy in the resident's room or the resident's portion of the room. The staff may not enter a resident's room without making their presence known, except when the resident is asleep, in an emergency threatening the health or safety of the resident, or as required by the resident's care plan;
(2)
The right to a private room and a personal sitter if the resident pays the difference between the facility's charge for such a room and sitter and the amount reimbursed through medicare or Medicaid;
(3)
The right to private visits with the resident's spouse. Spouses shall be permitted to share a room when available where both are residents of the facility;
(4)
The right to have unimpeded, private, and uncensored communication with anyone of the resident's choice by mail, public telephone, and visitation, provided that such visitation does not disturb other residents. The administrator shall provide that mail is received and mailed on regular postal delivery days, that telephones are accessible for confidential and private communications, and that at least one private place per facility is available for visits during normal visitation hours, which shall be for at least 12 continuous hours per day;
(5)
The right to refuse acceptance of correspondence, telephone calls, or visitation by anyone;
(6)
The right to respect and privacy in his medical, personal, and bodily care program. Each resident's case discussion, consultation, examination, treatment, and care shall be confidential and shall be conducted in privacy. Those persons not directly involved in the resident's care must have the resident's permission to be present; and
(7)
The right to receive confidential treatment of the resident's personal and medical records. Only the resident or guardian may approve the release or disclosure of such records to any individual outside the facility, except in case of (A) the resident's transfer to another health care facility, (B) during a medicare, Medicaid, licensure, medical care foundation, or peer review survey, or (C) as otherwise provided by law or third-party payment contract.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-115 - Use of payments made to or on behalf of a resident; right of resident or his guardian to manage the resident's financial affairs; assistance by facility in such management

(a)
Any payments made to or on behalf of a resident, regardless of the payee, shall be used exclusively for the resident's benefit, unless otherwise required by law.
(b)
Each resident or his guardian shall be permitted to manage the financial affairs of the resident and to withdraw and use funds from any personal account established for him at the facility. The resident or his guardian may authorize the administrator or other person employed by the facility to assist in the management of such resident's financial affairs, either wholly or partially, subject to the following conditions:
(1)
Such authorization must be in writing and maintained in the resident's files;
(2)
Resident's funds shall be expended by the facility only with prior written consent or upon the immediate request of the resident or guardian;
(3)
The resident, his guardian, or representative shall be given any portion or all of the resident's funds upon the request of the resident or guardian;
(4)
A current written record of all financial arrangements and transactions involving the resident's funds shall be maintained and made available to the resident or guardian for inspection and copying upon request. A written statement showing the current balance and an itemized listing of all transactions shall be provided to each resident or guardian at least quarterly and prior to any change in ownership of the facility;
(5)
Funds received from a resident or on his behalf may be deposited in an interest-bearing account, but in any event all funds not needed for ordinary use by residents on a daily basis shall be deposited in an account insured by agencies of or corporations chartered by the state or federal government and in a form which clearly indicates that the facility has only a fiduciary interest in the funds. Any interest earned on such account shall accrue to the resident; and
(6)
Each facility shall obtain an irrevocable letter of credit from a bank or savings and loan association, as defined in Code Section
7-1-4
, or purchase a surety bond at least in the amount of the funds to guarantee the security of residents' funds.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-117 - Suspension of certain rights where exercise poses danger to self or other residents; notice of suspension; duration

Only the rights enumerated in paragraph (6) of subsection (b) of Code Section
31-8-108
and subsections (b), (c), and (d) of Code Section
31-8-112
may be suspended as a result of medical contraindication, as determined by the resident's physician, and then only under the following conditions:
(1)
The physician has personally examined the resident and the physician documents that the exercise of such right or rights pose a danger to other residents or an immediate and substantial danger to the resident himself. If the threatened danger is only to the resident, the resident's rights shall not be suspended pursuant to this Code section, provided the resident or guardian understands the danger and insists on the exercise of the right;
(2)
Prior to or at the time of a suspension of a right or rights due to a medical contraindication, the resident and his guardian or representative shall be notified of such suspension, its duration, and the resident's legal right to meet with legal counsel, the ombudsman provided for in Article 3 of this chapter, members of his family, his guardian, or others of his choice; and
(3)
Suspension of a right or rights shall be for a reasonable time period, which period shall not exceed 35 days for skilled nursing residents and not to exceed 65 days for intermediate care residents. Every additional period, which periods shall also not exceed the same maximum time periods, shall be considered a new suspension, subject to the conditions of paragraphs (1) and (2) of this Code section.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-118 - Freedom from interference in exercise of rights and pursuit of interests; accommodation of conflicting rights; voicing of complaints and recommendation of changes

(a)
The facility must permit each resident to exercise the rights and pursue the interests described in this chapter without restraint, interference, coercion, discrimination, or reprisal from the facility.
(b)
The facility must exercise judgment in situations which pose a threat to the health or safety of a resident, and when necessary, must achieve a reasonable accommodation of conflicting rights of residents.
(c)
Each resident shall be permitted to voice complaints and recommend changes in policies, procedures, and services to the administrator, his designee, or the residents' council.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-119 - Obtaining contributions by coercion; use of contributions designated for a restricted purpose; receipts and records of contributions

No resident nor any resident's family, guardian, or representative shall be coerced by any means into giving contributions. When contributions are freely made by the resident or resident's family, guardian, or representative for a restricted purpose, such contribution must be used for the purpose so designated. A receipt shall be provided for all contributions and a central record of such receipts shall be maintained at the facility.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-120 - Visitors; right of access

(a)
Visitors must be granted access to residents, who have the right to refuse or terminate any visit. The facility must permit the resident's representatives and representatives of any federally mandated ombudsman or advocacy program to have access to the resident. Access under this Code section shall be allowed during normal visitation hours.
(b)
Each person entering a facility shall promptly disclose his presence and identity to the person in charge and shall enter the immediate living quarters of a resident only after identifying himself and receiving permission to enter. Such person shall leave immediately upon the resident's request. The rights of other residents in the room and in the facility shall be respected.
(c)
The administrator or person in charge of a facility may refuse access as described in this Code section or require a person to leave a facility only if he has reason to believe that the presence of the person seeking access would result in severe harm to any resident's health, safety, or property; if the access is sought for financial solicitation or for commercial purposes; or if such access is refused by the resident.
(d)
This Code section shall not limit the power of any public agency, ombudsman under Article 3 of this chapter, or other person permitted or required by law to enter and inspect a facility.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-121 - Formation of residents' council; space for meetings; assistance in attending meetings; compelling of attendance or participation

The facility must permit the formation of a residents' council by interested residents, provide space for meetings, and provide assistance in attending meetings to those residents who require it. The facility may not compel attendance at or participation in residents' council meetings.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-122 - Compliance with this article by facilities; establishment by facilities of written policies and procedures; familiarization of facility staff with this article

(a)
Each facility shall establish written policies and procedures in accordance with this article and shall provide for the implementation and continuing compliance with this article. In addition, each facility must comply with all other applicable state laws and regulations.
(b)
Each facility shall conduct training for all staff on a quarterly basis to provide that its staff is familiar with this article and understands the obligation to provide care for residents consistent with this article at all times.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-123 - Use of state or community ombudsman to resolve residents' complaints

Every effort shall be made to use the state ombudsman or community ombudsman, as provided for in Article 3 of this chapter, to resolve complaints related to residents' rights.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-124 - Grievances

(a)
Any resident, guardian, or representative who believes his rights under this article have been violated by a facility shall be permitted to file a grievance under this Code section.
(b)
To initiate the grievance, the resident, guardian, or representative may submit an oral or written complaint to the administrator or his designee. The administrator or his designee shall act to resolve the complaint or shall respond to the complaint within three business days, including in the response a description of the review and appeal rights set forth in this Code section.
(c)
If the person filing the complaint is not satisfied by the action taken by the administrator or his designee, the complainant shall submit an oral or written complaint to the state or community ombudsman, pursuant to Article 3 of this chapter.
(d)
If the ombudsman does not resolve the grievance to the complainant's satisfaction within ten days, the complainant may submit the grievance to an impartial referee, jointly chosen by the administrator or his designee and the complainant, who will conduct a hearing.
(e)
The referee's hearing shall be held at the facility within 14 days after submission of the grievance to him, at a time convenient to the referee, the complainant, and the administrator. The complainant and the administrator may review relevant records and documents, present evidence, call witnesses, cross-examine witnesses, make oral arguments, and be represented by any person of their choice. The referee may ask questions of any person, review relevant records and documents, call witnesses, and receive other evidence as appropriate. The referee shall keep a record of the proceedings, which record may be a sound recording. Within 72 hours after the grievance review, the referee shall render a decision and shall give to the complainant and to the administrator a written statement of the decision and reasons therefor, which statement shall also describe the appeal rights set forth in Code Section
31-8-125
. Such decision shall be binding on the parties unless reversed upon appeal.
(f)
The facility shall maintain a central file of documents pertaining to grievances, such file to be confidential, except that any resident, guardian, or representative may review any document pertaining to the resident and all documents shall be available to the department for inspection. This subsection shall not apply to any documents protected by the attorney-client privilege.
(g)
If a resident or complainant is unable for any reason to understand any writing or communication pertinent to this Code section, such information shall be communicated to him in a manner that takes into account any communication impairment he may have.
(h)
A resident, guardian, or representative who elects not to proceed under this Code section shall not be prohibited from proceeding under Code Section
31-8-125
or
31-8-126
.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 8 - CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS (§§ 31-8-1 — 31-8-307) › Article 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-125 - Administrative hearings

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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
.