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 5 - BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES (§§ 31-8-100 — 31-8-127) › Section 31-8-126 - Cause of action against facility for violation of rights under this article; civil penalties; applicability of Code Section 31-5-8

(a)
Any person or persons aggrieved because a long-term care facility has violated or failed to provide any right granted under this article shall have a cause of action against such facility for damages and such other relief as the court having jurisdiction of the action deems proper. No person shall be prohibited from maintaining such an action for failure to exhaust any rights to administrative or other relief granted under this article.
(b)
In addition to other penalties or remedies that may be imposed by this article or other law, the department is authorized to impose civil penalties as follows:
(1)
If a violation has occurred, the department shall order the facility to correct such violation. Upon failure to correct such violation within a reasonable period of time, the department may order the facility to discontinue admitting residents until such violation is corrected; and
(2)
In cases of violations repeated by a facility under the same license within a 12 month period, the department shall be authorized to assess a civil penalty not to exceed $75.00 per violation for each day in which the violation continues, except that the maximum civil penalty for each violation shall not exceed $2,500.00. In imposing such civil penalties the department shall consider all relevant factors including, but not limited to:
(A)
The amount of assessment necessary to ensure immediate and continued compliance;
(B)
The character and degree of impact of the violation of the health, safety, and welfare of any resident in the nursing home;
(C)
The conduct of the person or facility against whom the citation is issued in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violations; and
(D)
Any prior violations by the facility of statutes, regulations, or orders administered, adopted, or issued by the department.
(c)
Any such civil penalty shall be imposed by the department only after notice and hearing as provided in Article 1 of Chapter 5 of this title.
(d)
Any person or facility subject to a civil penalty under this Code section is entitled to judicial review in accordance with Article 1 of Chapter 5 of this title.
(e)
All civil penalties recovered by the department under this Code section shall be paid into the state treasury.
(f)
Nothing in this Code section shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided by or under any other law.
(g)
Code Section
31-5-8
shall apply fully to any willful violation of this chapter.
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 31-8-127 - Rules and regulations

The department is authorized to 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 5A - REMEDIES FOR RESIDENTS OF PERSONAL CARE HOMES (§§ 31-8-130 — 31-8-139) › Section 31-8-130 - Short title

This article shall be known and may be cited as the "Remedies for Residents of Personal Care Homes 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 5A - REMEDIES FOR RESIDENTS OF PERSONAL CARE HOMES (§§ 31-8-130 — 31-8-139) › Section 31-8-131 - Legislative findings and intent

The General Assembly finds that persons residing within personal care homes are often isolated from the community and often lack the means to assert fully their rights as individual citizens. The General Assembly also recognizes that in order for the rights of residents of personal care homes to be fully protected, residents must be afforded a means of recourse when such rights have been denied. It is therefore the intent of the General Assembly to preserve the dignity and personal integrity of residents of personal care homes by providing access to a legal process to hear and redress the grievances of such residents regarding their individual rights.
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 5A - REMEDIES FOR RESIDENTS OF PERSONAL CARE HOMES (§§ 31-8-130 — 31-8-139) › Section 31-8-132 - Definitions

As used in this article, the term:
(1)
"Administrator" means the manager designated by the governing body of a personal care home as responsible for the day-to-day management, administration, and supervision of the personal care home, who may also serve as on-site manager and responsible staff person except during periods of his or her own absence.
(2)
"Community ombudsman" means a person certified as a community ombudsman pursuant to Code Section
31-8-52
.
(2.1)
"Department" means the Department of Community Health.
(3)
"Governing body" means the board of trustees, the partnership, the corporation, the association, or the person or group of persons who maintain and control a personal care home and who are legally responsible for the operation of the home.
(4)
"Legal surrogate" means a duly appointed person who is authorized to act, within the scope of the authority granted under the legal surrogate's appointment, on behalf of a resident who is adjudicated or certified incapacitated. No member of the governing body, administration, or staff of a personal care home or any affiliated personal care home or their family members may serve as the legal surrogate for a resident.
(5)
"Personal care home" or "home" means a facility as defined in Code Section
31-7-12
and shall include any assisted living community as defined in paragraph (3) of subsection (b) of Code Section
31-7-12.2
that is subject to regulation and licensure by the department.
(6)
"Representative" means a person who voluntarily, with the resident's written authorization, may act upon the resident's direction with regard to matters concerning the health and welfare of the resident, including being able to access personal records contained in the resident's file and receive information and notices pertaining to the resident's overall care and condition. No member of the governing body, administration, or staff of a personal care home or any affiliated personal care home or their family members may serve as the representative for a resident.
(7)
"Resident" means a person who resides in a personal care home.
(8)
"State ombudsman" means the state ombudsman established under Code Section
31-8-52
.
Amended by 2011 Ga. Laws 244,§ 4-13, eff. 7/1/2011.
Amended by 2011 Ga. Laws 56,§ 20, 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 5A - REMEDIES FOR RESIDENTS OF PERSONAL CARE HOMES (§§ 31-8-130 — 31-8-139) › Section 31-8-133 - Residents' rights

Residents' rights shall include all rights enumerated in the rules and regulations of the Department of Community Health, including, but not limited to, procedural protections relating to admission, transfer, or discharge of residents.
Amended by 2010 Ga. Laws 624,§ 31, eff. 6/3/2010.
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 5A - REMEDIES FOR RESIDENTS OF PERSONAL CARE HOMES (§§ 31-8-130 — 31-8-139) › Section 31-8-134 - Grievance procedure

(a)
Any resident, or the representative or legal surrogate of the resident, if any, who believes his or her rights under this article have been violated by a personal care home or its governing body, administrator, or employee shall be permitted to file a grievance under this Code section.
(b)
In order to file the grievance provided for in subsection (a) of this Code section, the resident, or representative or legal surrogate of the resident, if any, may submit an oral or written grievance to the administrator or the administrator's designee. The administrator or designee, within five business days, shall either resolve the grievance to the grievant's satisfaction or respond in writing to the grievance, including in the response a description of the review and appeal rights set forth in this article.
(c)
If the person filing the grievance is not satisfied by the action or failure to act of the administrator or designee, the grievant may submit an oral or written complaint to the state or community ombudsman.
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 5A - REMEDIES FOR RESIDENTS OF PERSONAL CARE HOMES (§§ 31-8-130 — 31-8-139) › Section 31-8-136 - Action for damages

(a)
Any resident or the representative or legal surrogate of the resident, if any, may bring an action in a court of competent jurisdiction to recover actual and punitive damages against a personal care home or its governing body, administrator, or employee for any violation of the rights of a resident granted under this article. Upon referral and request by the department, the Attorney General may bring such an action. Where a violation of a resident's rights has been found, the resident shall be awarded the actual damages or $1,000.00, whichever is greater, and may be awarded punitive damages.
(b)
No person shall be prohibited from maintaining an action pursuant to this Code section for failure to exhaust any rights to administrative or other relief granted under this article.
(c)
The right of a resident to bring an action pursuant to this Code section is in addition to any and all other rights, remedies, or causes of action the resident may have by statute or at common law.
(d)
Any resident or the representative or legal surrogate of the resident, if any, may bring an action to recover damages for any action of a personal care home or its governing body, administrator, or employee that adversely affects the resident's rights, privileges, or living arrangement in retaliation for that resident or his or her representative or legal surrogate, if any, having exercised a right conferred by state or federal law or court order. Upon referral and request by the department, the Attorney General may bring such an action. In any action brought under this Code section alleging retaliation, there shall be a presumption of retaliatory conduct, rebuttable by a showing of clear and convincing evidence, if an owner, licensee, administrator, or employee attempts to discharge, transfer, or relocate a resident involuntarily within six months after that resident or his or her representative or legal surrogate, if any, files an action for relief under this Code section, exercises a right to a hearing under this article, or makes an oral or written grievance against the personal care home or its governing body, administrator, or employee to the personal care home, a state or community ombudsman, or a state government official or employee.
(e)
Code Section
31-5-8
shall apply fully to any willful violation 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 5A - REMEDIES FOR RESIDENTS OF PERSONAL CARE HOMES (§§ 31-8-130 — 31-8-139) › Section 31-8-137 - Temporary restraining order; injunctions

A resident, the representative or legal surrogate of the resident, if any, or the Attorney General may bring an action in a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a personal care home from violating the rights of a resident.
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 5A - REMEDIES FOR RESIDENTS OF PERSONAL CARE HOMES (§§ 31-8-130 — 31-8-139) › Section 31-8-138 - Failure to validly license as defense

The failure of the governing body to obtain or maintain a valid license to operate a personal care home shall not constitute a defense to any action brought pursuant to this article where the facility at issue is subject to licensure as a personal care home.
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 5A - REMEDIES FOR RESIDENTS OF PERSONAL CARE HOMES (§§ 31-8-130 — 31-8-139) › Section 31-8-139 - Mandamus

A resident, the representative or legal surrogate of the resident, if any, the community ombudsman, the governing body of the personal care home, or any other interested party may bring an action in court for mandamus pursuant to Article 2 of Chapter 6 of Title 9 to order the department to comply with any state or federal law relevant to the operation of a personal care home or the care of its residents.
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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-150 - Constitutional authority for passage of article

This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution.
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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-151 - Definitions

As used in this article, the term:
(1)
"Department" means the Department of Community Health created by Chapter 2 of this title.
(2)
"Medically indigent" means a person who meets the state-wide standards of indigency adopted by the department for the purposes of this article.
(3)
"Trust fund" means the Indigent Care Trust Fund created by Code Section
31-8-152
.
Amended by 2009 Ga. Laws 102,§ 1-8, 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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-152 - Creation of Indigent Care Trust Fund

There is created the Indigent Care Trust Fund as a separate fund in the state treasury. The state treasurer shall credit to the trust fund all amounts dedicated, transferred, or contributed to such trust fund and shall invest the trust fund moneys in the same manner as authorized for investing other moneys in the state treasury.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-152.1 - [Repealed] State sales and use taxation of certain health care services

Added by 2011 Ga. Laws 238,§ 1-1, 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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-153 - Contributions to trust fund

After June 30, 1990, any hospital, hospital authority, county, municipality, or other person or entity is authorized to contribute to the trust fund. The contribution of public funds to the trust fund shall be a valid public purpose for which those funds may be expended. Contributions to the trust fund shall be irrevocable and shall not include any limitation upon the use of such contributions except as permitted in this article or by the department.
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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-153.1 - Irrevocable transfer of funds to trust fund; provision for indigent patients

After June 30, 1993, any hospital authority, county, municipality, or other state or local public or governmental entity is authorized to transfer moneys to the trust fund. Transfer of funds under the control of a hospital authority, county, municipality, or other state or local public or governmental entity shall be a valid public purpose for which those funds may be expended. The department is authorized to transfer to the trust fund moneys paid to the state by a health care facility as a monetary penalty for the violation of an agreement to provide a specified amount of clinical health services to indigent patients pursuant to a certificate of need held by such facility. Such transfers shall be irrevocable and shall be used only for the purposes contained in Code Section
31-8-154
.
Amended by 2001 Ga. Laws 382, § 3, eff. 4/28/2001.
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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-153.2 - Revenues raised from specified sources

The General Assembly may provide for the dedication and deposit of revenues raised from specified sources into the trust fund.
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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-153.3 - No lapse of contributions to the general fund

Contributions and revenues deposited and transferred to the trust fund shall not lapse to the general fund at the end of the fiscal year.
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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-154 - Authorized expenditure of contributed funds

All moneys contributed and revenues deposited and transferred to the trust fund pursuant to this article and any interest earned on such moneys shall be appropriated to the department for only the following purposes:
(1)
To expand Medicaid eligibility and services;
(2)
For programs to support rural and other health care providers, primarily hospitals, who serve the medically indigent;
(3)
For primary health care programs for medically indigent citizens and children of this state; or
(4)
Any combination of purposes specified in paragraphs (1) through (3) of this Code section.
Amended by 2017 Ga. Laws 271,§ 2-6, eff. 7/1/2017.
Amended by 2016 Ga. Laws 360,§ 3, eff. 7/1/2016.
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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-155 - Promulgation of rules for funding expansions of eligibility and indigent care programs

(a)
The department shall establish by rules the purposes for which contributions and transfers to the trust fund may be made. Such purposes shall be consistent with the purposes contained in Code Section
31-8-154
. Those rules shall be promulgated by the Board of Community Health pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," notwithstanding any exclusion or exemption otherwise provided in that chapter.
(b)
Contributions to the trust fund shall be made within such time periods as the department establishes by rule pursuant to subsection (a) of this Code section.
(c)
The department may make and execute contracts, agreements, and other instruments for the purpose of facilitating transfers to the trust fund.
(d)
The department shall establish the manner of disbursement of any funds appropriated to it 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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-156 - Appropriation of state funds by General Assembly

(a)
The General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year not less than all of the moneys contributed and revenues deposited and transferred to the fund and interest earned thereon. Such appropriation shall be made only for those purposes specified in Code Section
31-8-154
, and any other appropriation from the trust fund shall be void.
(b)
An appropriation pursuant to subsection (a) of this Code section shall specify each purpose, if any, as specified in paragraphs (1) through (4) of Code Section
31-8-154
, for which the trust funds are appropriated thereby.
(c)
Funds appropriated to the department pursuant to this Code section shall be used to match federal funds or any other funds from a public source or charitable organization which are available for the purposes for which those trust funds have been appropriated.
(d)
Appropriations from the trust fund to the department shall be used to supplement and not replace any other state funds appropriated to the department.
(e)
Appropriations from the trust fund to the department, except as provided in Code Sections
31-8-157
and
31-8-158
, shall not lapse to the general fund at the end of the fiscal year.
Amended by 2017 Ga. Laws 271,§ 2-7, eff. 7/1/2017.
Amended by 2016 Ga. Laws 360,§ 4, eff. 7/1/2016.
Amended by 2001 Ga. Laws 382, § 4, eff. 4/28/2001.
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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-157 - Refunding contributed funds; penalties not refunded

All contributions to the trust fund and interest earned thereon which have been appropriated but which:
(1)
Were void because of having been appropriated in violation of Code Section
31-8-156
;
(2)
Remain unexpended and not contractually obligated at the end of the fiscal year for which they were appropriated; or
(3)
Are determined by the department to be ineligible for anticipated federal matching funds or other matching funds from a public source or charitable organization
shall be returned to the trust fund and shall not lapse but shall be refunded pro rata to the contributors thereof, except that penalties so transferred to the fund shall not be refunded. The Office of Planning and Budget shall determine the amount required to be refunded and the pro rata distribution thereof within 60 days following the end of each fiscal year or, when the department has made a determination pursuant to paragraph (3) of this Code section, within 60 days after that determination. The amount so determined shall be refunded by the state treasurer within 60 days following that determination.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
Amended by 2001 Ga. Laws 382, § 5, eff. 4/28/2001.
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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-158 - Refunding funds not appropriated or determined void or ineligible

Moneys transferred to the trust fund and interest earned thereon which have not been appropriated by the end of the fiscal year or which have been appropriated but have been determined to be:
(1)
Void because of having been appropriated in violation of Code Section
31-8-156
;
(2)
Ineligible for anticipated federal matching funds;
(3)
Subject to return pursuant to any rule promulgated under Code Section
31-8-155
; or
(4)
Void because of violation of the terms of a contract, agreement, or other instrument executed pursuant to subsection (c) of Code Section
31-8-155
shall be returned to the trust fund and refunded pro rata to the entities responsible for transfer. The refund shall be made by the state treasurer no less than 30 days following the end of the fiscal year or such a determination by the department, as applicable.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-159 - Reporting requirements

The department shall annually report to the General Assembly on its use of trust funds appropriated to the department pursuant to this article.
Amended by 2023 Ga. Laws 344,§ 1, eff. 1/1/2024.
Amended by 2008 Ga. Laws 455,§ 1, eff. 7/1/2008.
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 6 - INDIGENT CARE TRUST FUND (§§ 31-8-150 — 31-8-160) › Section 31-8-160 - Applicability of Article 7 of Chapter 4 of Title 49

Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the "Georgia Medical Assistance Act of 1977," shall apply to the department in carrying out the purposes 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 6A - NURSING HOME PROVIDER FEES (§§ 31-8-161 — 31-8-169) › Section 31-8-161 - Legislative authority

This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution.
Added by 2003 Ga. Laws 185, § 2, 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 6A - NURSING HOME PROVIDER FEES (§§ 31-8-161 — 31-8-169) › Section 31-8-162 - Definitions

As used in this article, the term:
(1)
"Department" means the Department of Community Health created by Chapter 2 of this title.
(2)
"Medically indigent" means a person who meets the state-wide standards of indigency adopted by the department.
(3)
"Nursing home" means a freestanding facility or distinct part or unit of a hospital required to be licensed or permitted as a nursing home under the provisions of Chapter 7 of this title which is not owned or operated by the state or federal government.
(4)
"Nursing home that disproportionately serves the medically indigent" means a nursing home for which the patient days attributable to medically indigent residents account for more than 15 percent of the nursing home's total patient days during a 12 month period. For purposes of this computation, medicare program patient days shall not be included in the nursing home's total patient days.
(5)
"Patient day" means a day of care provided to an individual resident of a nursing home by the nursing home. A patient day includes the date of admission but does not include the date of discharge, unless the dates of admission and discharge occur on the same day.
(6)
"Provider fee" means the fee imposed pursuant to this article for the privilege of operating a nursing home.
(7)
"Segregated account" means an account for the dedication and deposit of provider fees which is established within the Indigent Care Trust Fund created pursuant to Code Section
31-8-152
.
(8)
"State plan" means all documentation submitted by the commissioner of the Department of Community Health on behalf of the department to and for approval by the United States secretary of health and human services, pursuant to Title XIX of the federal Social Security Act.
(9)
"Trust fund" means the Indigent Care Trust Fund created pursuant to Code Section
31-8-152
.
(10)
"Waiver" means a waiver of the uniform tax requirement for permissible health care related taxes, as provided in
42 C.F.R. Section 433.68(e)(2)(i) and (ii)
.
Amended by 2009 Ga. Laws 102,§ 1-8, eff. 7/1/2009.
Added by 2003 Ga. Laws 185, § 2, 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 6A - NURSING HOME PROVIDER FEES (§§ 31-8-161 — 31-8-169) › Section 31-8-163 - Segregated account of revenues raised through provider fees

There is established within the trust fund a segregated account for revenues raised through the imposition of the provider fee. All revenues raised through provider fees shall be credited to the segregated account within the trust fund and shall be invested in the same manner as authorized for investing other moneys in the state treasury. Contributions and transfers to the trust fund pursuant to Code Sections
31-8-153
and
31-8-153.1
shall not be deposited into the segregated account.
Added by 2003 Ga. Laws 185, § 2, 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 6A - NURSING HOME PROVIDER FEES (§§ 31-8-161 — 31-8-169) › Section 31-8-164 - Provider fee based on patient day; quarterly payment required

(a)
Each nursing home shall be assessed a provider fee with respect to each patient day for the preceding quarter, excluding medicare program patient days. The provider fee shall be assessed uniformly upon all nursing homes, except as provided in Code Section
31-8-168
. The aggregate provider fees imposed under this article shall not exceed the maximum amount that may be assessed pursuant to the percentage limitation of the first prong of the test for an indirect guarantee set out in
42 C.F.R. Section 433.68(f)(3)(i)
.
(b)
The provider fee shall be paid quarterly by each nursing home to the department. A nursing home shall calculate and report the provider fee due upon a form prepared by the department and submit therewith payment of the provider fee no later than the thirtieth day following the end of each calendar quarter. The initial provider fee report shall be filed and the initial payment of the provider fee shall be submitted no later than July 30, 2003. A nursing home shall calculate and report the initial provider fee using information about its patient days for the quarter ending June 30, 2003.
Amended by 2006 Ga. Laws 509,§ 1, eff. 4/19/2006.
Added by 2003 Ga. Laws 185, § 2, 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 6A - NURSING HOME PROVIDER FEES (§§ 31-8-161 — 31-8-169) › Section 31-8-165 - Use of segregated account funds; form for reporting provider fee; maintenance of records; inaccurate payments; penalty for failing to pay

(a)
The department shall collect the provider fees imposed pursuant to Code Section
31-8-164
. All revenues raised pursuant to this article shall be deposited into the segregated account. Such funds shall be dedicated and used for the sole purpose of obtaining federal financial participation for medical assistance payments to nursing homes that disproportionately serve the medically indigent.
(b)
The department shall prepare and distribute a form upon which a nursing home shall calculate and report to the department the provider fee.
(c)
Each nursing home shall keep and preserve for a period of three years such books and records as may be necessary to determine the amount for which it is liable under this article. The department shall have the authority to inspect and copy the records of a nursing home for purposes of auditing the calculation of the provider fee. All information obtained by the department pursuant to this article shall be confidential and shall not constitute a public record.
(d)
In the event that the department determines that a nursing home has underpaid or overpaid the provider fee, the department shall notify the nursing home of the balance of the provider fee or refund that is due. Such payment or refund shall be due within 30 days of the department's notice.
(e)
Any nursing home that fails to pay the provider fee pursuant to this article within the time required by this article shall pay, in addition to the outstanding provider fee, a 6 percent penalty for each month or fraction thereof that the payment is overdue. If a provider fee has not been received by the department by the last day of the month, the department shall withhold an amount equal to the provider fee and penalty owed from any medical assistance payment due such nursing home under the Medicaid program. The provider fee levied by this article shall constitute a debt due the state and may be collected by civil action and the filing of tax liens in addition to such methods provided for in this article. Any penalty that accrues pursuant to this subsection shall be credited to the segregated account.
Added by 2003 Ga. Laws 185, § 2, 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 6A - NURSING HOME PROVIDER FEES (§§ 31-8-161 — 31-8-169) › Section 31-8-166 - General Assembly appropriations of segregated funds; match to federal funds; no lapsing at end of fiscal year

(a)
Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be made for the sole purpose of obtaining federal financial participation in the provision of support to nursing homes that disproportionately serve the medically indigent. Any appropriation from the segregated account for any purpose other than medical assistance payments to nursing homes shall be void.
(b)
Revenues appropriated to the department pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such trust funds have been appropriated.
(c)
Appropriations from the segregated account to the department shall not lapse to the general fund at the end of the fiscal year.
Added by 2003 Ga. Laws 185, § 2, 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 6A - NURSING HOME PROVIDER FEES (§§ 31-8-161 — 31-8-169) › Section 31-8-167 - Annual report by department to General Assembly

The department shall report annually to the General Assembly on its use of revenues deposited into the segregated account and appropriated to the department pursuant to this article.
Added by 2003 Ga. Laws 185, § 2, 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 6A - NURSING HOME PROVIDER FEES (§§ 31-8-161 — 31-8-169) › Section 31-8-168 - Request for waiver from United States Department of Health and Human Services

No later than July 1, 2003, the department shall prepare and submit to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services a request for approval of a waiver pursuant to
42 C.F.R. Section 433.68(e)
of the uniform fee requirement. Upon approval of such waiver, the department shall take action to reduce the provider fee imposed pursuant to Code Section
31-8-164
allowed by such waiver for those providers who qualify for such reduction.
Added by 2003 Ga. Laws 185, § 2, 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 6A - NURSING HOME PROVIDER FEES (§§ 31-8-161 — 31-8-169) › Section 31-8-169 - Application of the Medical Assistance Act of 1977

Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the "Georgia Medical Assistance Act of 1977," shall apply to the department in carrying out the purposes of this article.
Added by 2003 Ga. Laws 185, § 2, 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 6B - QUALITY ASSESSMENT FEE (§§ 31-8-170 — 31-8-177) › Section 31-8-170 - Legislative authority

This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution.
Added by 2005 Ga. Laws 90,§ 1, eff. 7/1/2005.
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 6B - QUALITY ASSESSMENT FEE (§§ 31-8-170 — 31-8-177) › Section 31-8-171 - Definitions

As used in this article, the term:
(1)
"Care management organization" means an entity granted a certificate of authority under Chapter 21 of Title 33 of the Official Code of Georgia Annotated and which meets the definition found in
42 U.S.C. Sec. 1396b(w)(7)(A)
(viii) as it now exists or as it may be amended in the future.
(2)
"Department" means the Department of Community Health created by Chapter 2 of this title.
(3)
"Gross direct premium" shall have the meaning that the term has in Chapter 8 of Title 33 of the Official Code of Georgia Annotated.
(4)
"Quality assessment fee" means the fee imposed pursuant to this article for the privilege of operating a care management organization.
(5)
"Segregated account" means an account for the dedication and deposit of provider fees which is established within the Indigent Care Trust Fund created pursuant to Code Section
31-8-152
.
(6)
"Trust fund" means the Indigent Care Trust Fund created pursuant to Code Section
31-8-152
.
Amended by 2009 Ga. Laws 102,§ 1-8, eff. 7/1/2009.
Added by 2005 Ga. Laws 90,§ 1, eff. 7/1/2005.
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 6B - QUALITY ASSESSMENT FEE (§§ 31-8-170 — 31-8-177) › Section 31-8-172 - Segregated account for the deposit of fees

There is established within the trust fund a segregated account for revenues raised through the imposition of the quality assessment fee. All revenues raised through such fees shall be credited to the segregated account within the trust fund and shall be invested in the same manner as authorized for investing other moneys in the state treasury. Contributions and transfers to the trust fund pursuant to Code Sections
31-8-153
and
31-8-153.1
shall not be deposited into the segregated account.
Added by 2005 Ga. Laws 90,§ 1, eff. 7/1/2005.
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 6B - QUALITY ASSESSMENT FEE (§§ 31-8-170 — 31-8-177) › Section 31-8-173 - Assessment, calculation, and payment of fees

(a)
Each care management organization shall be assessed a quality assessment fee, in an amount to be determined by the department based on anticipated revenue estimates included in the state budget report, with respect to its gross direct premiums. The quality assessment fee shall be assessed uniformly upon all care management organizations. The aggregate quality assessment fees imposed under this article shall not exceed the maximum amount that may be assessed pursuant to
42 C.F.R. Section 433.68(f)(3)(i)
.
(b)
The quality assessment fee shall be paid monthly by each care management organization to the department. A care management organization shall calculate and report its gross direct premiums upon a form prepared by the department and submit therewith payment of the quality assessment fee no later than the tenth day of each calendar month, or in the discretion of the department and upon agreement of the care management organization, said amount may be calculated and withheld by the department from the current month's premium payment. Unless the department withholds the fee from the premium payment, the initial quality assessment fee report shall be filed and the initial payment of the quality assessment fee shall be submitted no later than the tenth day of the first month in which premiums are paid to the care management organizations for medical assistance to recipients. Unless the department withholds the fee from the premium payment, a care management organization shall calculate and report the initial quality assessment fee using information about its gross direct premiums for the first month in which premiums are paid to the care management organizations for medical assistance to recipients.
Amended by 2006 Ga. Laws 509,§ 2, eff. 4/19/2006.
Added by 2005 Ga. Laws 90,§ 1, eff. 7/1/2005.
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 6B - QUALITY ASSESSMENT FEE (§§ 31-8-170 — 31-8-177) › Section 31-8-174 - Collection and disposition of fees; authority of department to inspect records of care management organizations; overpayment or underpayment; penalty for failure to pay fee

(a)
The department shall collect the quality assessment fees imposed pursuant to Code Section
31-8-173
. All revenues raised pursuant to this article shall be deposited into the segregated account. Such funds shall be dedicated and used for the sole purpose of obtaining federal financial participation for medical assistance payments to one or more providers pursuant to Article 7 of Chapter 4 of Title 49 or for purposes as authorized for expenditures from the trust fund.
(b)
The department shall prepare and distribute a form upon which a care management organization shall calculate and report to the department the quality assessment fee.
(c)
Each care management organization shall keep and preserve for a period of five years such books and records as may be necessary to determine the amount for which it is liable under this article. The department shall have the authority to inspect and copy the records of a care management organization for purposes of auditing the calculation of the quality assessment fee. All information obtained by the department pursuant to this article shall be confidential and shall not constitute a public record; provided, however, that information otherwise available to the public shall not become confidential solely because it has been obtained by the department.
(d)
In the event that the department determines that a care management organization has underpaid or overpaid the quality assessment fee, the department shall notify the care management organization of the balance of the quality assessment fee or refund that is due. Such payment or refund shall be due within 30 days of the department's notice.
(e)
Any care management organization that fails to pay the quality assessment fee pursuant to this article within the time required by this article shall pay, in addition to the outstanding quality assessment fee, a 6 percent penalty for each month or fraction thereof that the payment is overdue. If a quality assessment fee has not been received by the department by the last day of the month, the department shall withhold an amount equal to the quality assessment fee and penalty owed from any medical assistance or other payment due such care management organization under the Medicaid program. The quality assessment fee levied by this article shall constitute a debt due the state and may be collected by civil action and the filing of tax liens in addition to such methods provided for in this article. Any penalty that accrues pursuant to this subsection shall be credited to the segregated account.
Added by 2005 Ga. Laws 90,§ 1, eff. 7/1/2005.
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 6B - QUALITY ASSESSMENT FEE (§§ 31-8-170 — 31-8-177) › Section 31-8-175 - Appropriation of revenues to the department

(a)
Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be made for the sole purpose of obtaining federal financial participation in the provision of health care services pursuant to Article 7 of Chapter 4 of Title 49 or for purposes as authorized for expenditures from the trust fund. Any appropriation from the segregated account for any purpose other than medical assistance payments shall be void.
(b)
Revenues appropriated to the department pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such trust funds have been appropriated.
(c)
Appropriations from the segregated account to the department shall not lapse to the general fund at the end of the fiscal year.
Added by 2005 Ga. Laws 90,§ 1, eff. 7/1/2005.
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 6B - QUALITY ASSESSMENT FEE (§§ 31-8-170 — 31-8-177) › Section 31-8-176 - Annual report by the department

The department shall report annually to the General Assembly on its use of revenues deposited into the segregated account and appropriated to the department pursuant to this article.
Added by 2005 Ga. Laws 90,§ 1, eff. 7/1/2005.
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 6B - QUALITY ASSESSMENT FEE (§§ 31-8-170 — 31-8-177) › Section 31-8-177 - Applicability of the Georgia Medical Assistance Act of 1977

Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the "Georgia Medical Assistance Act of 1977," shall apply to the department in carrying out the purposes of this article.
Added by 2005 Ga. Laws 90,§ 1, eff. 7/1/2005.
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 6C - HOSPITAL MEDICAID FINANCING PROGRAM (§§ 31-8-179 — 31-8-179.6) › Section 31-8-179 - [Repealed effective 6/30/2030] Short title

This article is enacted pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution and shall be known and may be cited as the "Hospital Medicaid Financing Program Act."
Added by 2013 Ga. Laws 1,§ 1, eff. 7/1/2013.
Added by 2010 Ga. Laws 360,§ 2-1, eff. 7/1/2010.
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 6C - HOSPITAL MEDICAID FINANCING PROGRAM (§§ 31-8-179 — 31-8-179.6) › Section 31-8-179.1 - [Repealed effective 6/30/2030] Definitions

As used in this article, the term:
(1)
"Board" means the Board of Community Health.
(2)
"Department" means the Department of Community Health.
(3)
"Hospital" means an institution licensed pursuant to Chapter 7 of this title which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Such term includes public, private, rehabilitative, geriatric, osteopathic, and other specialty hospitals but shall not include psychiatric hospitals which shall have the same meaning as facilities as defined in paragraph (7) of Code Section
37-3-1
, critical access hospitals as defined in paragraph (3) of Code Section
33-21A-2
, or any state owned or state operated hospitals.
(4)
"Provider payment" means a payment assessed by the department pursuant to this article for the privilege of operating a hospital.
Added by 2013 Ga. Laws 1,§ 1, eff. 7/1/2013.
Added by 2010 Ga. Laws 360,§ 2-1, eff. 7/1/2010.