reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.28 - Sanctions and Penalties

Current through Rules and Regulations filed through June 27, 2024
1.Sanctions against Licensees. When the Department finds that any licensee has violated any provision of these rules and regulations, the Department, subject to notice and opportunity for a hearing, may impose any one or more of the sanctions in subparagraphs (a) through (e) below:
a.Administer a Public Reprimand. If the sanction of public reprimand is finally imposed, as defined by a final adverse finding, the public reprimand shall consist of a notice prepared by the Department that the C & A CSU has been reprimanded; such notice shall include a written report of the Department's findings along with the C & A CSU's response and corrective action plan;
b.Suspend any License. The Department may suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license;
c.Prohibit Persons in Management or Control. The Department may prohibit a licensee from allowing a person who previously was involved in the management or control of any C & A CSU which has had its license revoked or application denied within the past twelve (12) months to be involved in the management or control of such C & A CSU. Any such person found by the Department to have acted diligently and in good faith to ensure correction of violations in a C & A CSU which has had its license revoked or denied; however, shall not be subject to this prohibition if that person became involved in the management or control of the C & A CSU after the C & A CSU was notified by the Department of violations of licensing requirements giving rise to a revocation or denial action. This subparagraph shall not be construed to require the Department to obtain any information that is not readily available to it regarding any person's involvement with a C & A CSU. For the purpose of this Rule, the twelve (12) month period will begin to run from the date of any final adverse finding or the date that any stay of enforcement ceased, whichever occurs first;
d.Revoke any License. The Department may revoke any license. If the sanction of license revocation is finally imposed, as defined by a final adverse finding, the Department shall effectuate it by requiring the C & A CSU to return its license to the Department;
e.Limit or Restrict any License. The Department may limit or restrict any license as the Department deems necessary for the protection of the public (a provisional or temporary time limited license granted by the Department shall not be considered to be a limited or restricted license).
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.29 - Extraordinary Sanctions Where Imminent and Substantial Danger

Current through Rules and Regulations filed through June 27, 2024
Where the commissioner of the Department determines that individuals in the care of C & A CSU subject to licensure are subject to an imminent and substantial danger, the commissioner may order any of the extraordinary sanctions listed in any part of this rule to take effect immediately unless otherwise specified in the order, without notice and opportunity for hearing prior to the order taking effect:
1.Content of the Order. The order shall contain the following:
a.The scope of the order;
b.Reasons for the issuance of the order;
c.Effective date of the order if other than the date the order is issued;
d.Person to whom questions concerning the order are to be addressed; and
e. Notice of the right to obtain a preliminary hearing and an administrative hearing after the issuance of the order regarding the emergency order as a contested case.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.30 - Waivers and Variances

Current through Rules and Regulations filed through June 27, 2024
The Department may, in its discretion, grant waivers and variances of specific rules upon application or petition being filed on forms provided by the department. The Department may establish conditions which must be met by the program in order to operate under the waiver or variance granted. Waivers and variances may be granted in accordance with the following considerations:
1.Variance. A variance may be granted by the Department upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application of the rule would cause undue hardship. The applicant or petitioner must also show that adequate standards affording protection for the health, safety and care of individuals exist and will be met in lieu of the exact requirements of the rule or regulations in question;
2.Waiver. The Department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection for the health, safety and care of individuals;
3.Experimental Variance or Waiver. The Department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery.
O.C.G.A. Sec. 37-1-29.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.31 - Severability

Current through Rules and Regulations filed through June 27, 2024
In the event that a rule, sentence, clause or phrase of any of these rules and regulations may be construed by any court of competent jurisdiction to be invalid, illegal, unconstitutional or otherwise unenforceable, such determination or adjudication shall in no manner affect the remaining rules or portions thereof. The remaining rules or portions thereof shall remain in full force and effect, as if such rule or portions thereof so determined, declared or adjudged invalid or unconstitutional were not originally a part of these rules.
O.C.G.A. Sec. 37-1-29.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.32 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec. 37-1-29.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.33 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec. 37-1-29.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-4 › Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS › Rule 82-4-1-.34 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec. 37-1-29.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-5 - PATIENT'S RIGHT › Subject 82-5-1 - PATIENT'S RIGHT › Rule 82-5-1-.01 - Legal Authority

Current through Rules and Regulations filed through June 27, 2024
These rules are adopted and published pursuant to the Official Code of Georgia Annotated (O.C.G.A.) Title 37, Chapters 3, 4, and 7.
O.C.G.A. §§
											37-1-23, 37-1-40, 37-1-41, 37-3-2, 37-4-3, 37-7-2.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-5 - PATIENT'S RIGHT › Subject 82-5-1 - PATIENT'S RIGHT › Rule 82-5-1-.02 - Purpose, Implementation, and Definitions

Current through Rules and Regulations filed through June 27, 2024
(1)
Purpose.
The Purpose of these regulations is to safeguard the rights of persons treated pursuant to the Official Code of Georgia Annotated (O.C.G.A.) Chapters 37-3, 37-4 and 37-7.
(2)
Applicability.
These regulations set forth rights of individuals served in hospitals and intermediate care facilities for individuals with intellectual disabilities that are owned and operated by the Department.
(a) When the individual is a minor or an adult with a legally appointed guardian, the regulations are applicable to that person with certain exceptions as specifically stated in various parts of the regulations. These variations are noted in the text of the regulations.
(b) For persons being served by virtue of a court order related to a criminal matter, the regulations are applicable to the extent that they do not violate or conflict with the provisions of the order or the need to provide for the safety of the individual or of others.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-5 - PATIENT'S RIGHT › Subject 82-5-1 - PATIENT'S RIGHT › Rule 82-5-1-.04 - Treatment Environment

Current through Rules and Regulations filed through June 27, 2024
(1)
General.
(a) The dignity of each individual shall be respected at all times and upon all occasions, including any occasion on which the individual is taken into custody, detained, or transported. Except where required under conditions of extreme urgency, those procedures, facilities, vehicles and restraining devices normally used for criminals or those accused of crime shall not be used in connection with individual, to the extent that this is under the Department's control.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-5 - PATIENT'S RIGHT › Subject 82-5-1 - PATIENT'S RIGHT › Rule 82-5-1-.05 - Personal Affairs

Current through Rules and Regulations filed through June 27, 2024
(1)
General.
No individual, whether voluntary or involuntary, shall be deprived of any civil, political, personal, or property rights or be considered legally incompetent for any purpose without due process of law. Hospital staff may exercise clinically-informed discretion in deciding whether to assist an individual in exercising these rights. These rights include, but are not limited to:
(a) The right to dispose of property;
(b) The right to execute legal instruments;
(c) The right to make purchases;
(d) The right to enter into contractual relationships;
(e) The right to register and vote;
(f) The right to marry and to obtain a separation, divorce, or annulment;
(g) The right to hold a driver's license; and
(h) The right to make a will.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-5 - PATIENT'S RIGHT › Subject 82-5-1 - PATIENT'S RIGHT › Rule 82-5-1-.06 - Clinical Records

Current through Rules and Regulations filed through June 27, 2024
(1)
Contents.
(a) A clinical record shall be maintained at each facility for each individual treated at that facility, containing protected health information of the individual. The record shall contain information on all matters relating to the admission, care, treatment, discharge, and legal status of the individual, and shall include all medical and legal documents relating to the individual. The record shall not contain peer review or administrative documents such as incident reports and investigations of incidents or complaints. The record specifically shall contain at least the following: progress notes; documents describing or arising from the individual's history; the results of all psychiatric, psychological, and physical examinations; individualized service plans; evaluations other than evaluations developed at the direction of a court that is assessing an individual's competence or responsibility under O.C.G.A. Title 17, Chapter 7, which are not to be maintained in the medical record; orders for treatment; orders for physical restraints, seclusion, and other restrictions permitted by these regulations or other applicable law; clinical documentation of accidents and incidents and of follow-up care provided; court orders establishing guardianship of the individual if applicable; advance directives of the individual if possible; and court orders and other court documents received by the facility. When clinical records or parts of clinical records are released as provided in this section, copies of the clinical record should be released. If the record is electronic, a tangible copy may be produced as legally sufficient for purposes of disclosures, except as otherwise provided in this section. The name(s) or other identifying information of other individuals who are receiving or formerly received treatment or services may not be recorded in an individual's clinical record. The initials of another individual may be recorded if necessary.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-5 - PATIENT'S RIGHT › Subject 82-5-1 - PATIENT'S RIGHT › Rule 82-5-1-.07 - Notice; Representatives and Guardians Ad Litem

Current through Rules and Regulations filed through June 27, 2024
(1)
Notice.
(a) To individual: Any time that notice is required to be given to an individual by these regulations or other applicable law, the date on which the notice is given shall be entered in the individual's clinical record. If the individual is unable to read or comprehend a notice sufficiently, a reasonable effort shall be made to explain the notice to them.
(b) To representatives: At any time that notice is required to be given to an individual's representatives, the notice shall be served on those persons designated in accordance with §
										82-5-1-.07(2)  of these regulations. The individual's guardian ad litem shall likewise be served. Unless otherwise provided, notice may be served in person or by first class mail. When notice is served by mail, a record shall be made of the date of mailing and shall be placed in the individual's clinical record. Service shall be complete upon mailing to the last known mailing address.
(c) Judicial orders. At any time a court enters an order affecting an individual pursuant to these regulations or other applicable law and serves said order on the Department, a copy of that order shall be served on the individual and the individual's representative as provided in subparagraphs (a) and (b) of this subsection, unless the order contains an accompanying certificate that such service has already been made.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-5 - PATIENT'S RIGHT › Subject 82-5-1 - PATIENT'S RIGHT › Rule 82-5-1-.08 - Remedies for Violations

Current through Rules and Regulations filed through June 27, 2024
(1) Complaint Procedures.
Any individual (or the individual's guardian or parent of a minor individual, if applicable) or the individual's representative or any staff member may file a complaint alleging that an individual's rights under these regulations or other applicable law have been violated by staff members or persons under their control. A person who considers filing such a complaint is encouraged to resolve the matter informally by discussing it first with the staff members or other persons involved, with the Personal Advocate, with a member of the Human Rights Committee, or similar mechanism. Such complaints, when arising, shall be governed by policy established and maintained by the Department in a manner that is consistent with the standards set forth in this section. Such policy shall establish procedures consistent with the following:
(a) The Department shall establish and maintain policies that set forth procedures by which individuals may file complaints relating to individuals' rights. The Department shall establish and maintain multiple means by which all individuals are notified of the ways they may file a complaint.
1. Each facility that is subject to these regulations shall appoint a Personal Advocate whose responsibilities will include involvement with the Complaint process as set forth in these regulations and as set forth in Department policy.
2. Each facility that is subject to these regulations shall establish and maintain a Human Rights Committee, at least two members of which shall not be employees of the facility. The responsibilities of the Human Rights Committee shall include review of the manner in which the facility addresses complaints that are the subject of this regulation.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-5 - PATIENT'S RIGHT › Subject 82-5-1 - PATIENT'S RIGHT › Rule 82-5-1-.09 - Severability

Current through Rules and Regulations filed through June 27, 2024
In the event that any rule, sentence, clause or phrase of any of the rules and regulations in this Chapter may be construed by any court of competent jurisdiction to be invalid, illegal, unconstitutional, or otherwise unenforceable, such determination or adjudication shall in no manner affect the remaining rules or portions thereof. The remaining rules or portions thereof shall remain in full force and effect as if such rule or portions thereof determined, declared, or adjudicated invalid or unconstitutional were not originally part of these rules.
O.C.G.A. §§
											37-1-23, 37-1-40, 37-1-41, 37-3-2, 37-4-3, 37-7-2.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-7 - PATIENT COST OF CARE › Subject 82-7-1 - PATIENT COST OF CARE › Rule 82-7-1-.01 - Legal Authority

Current through Rules and Regulations filed through June 27, 2024
The legal authority for this chapter, unless otherwise noted, is the Patient Cost of Care Act, O.C.G.A. Title 37, Chapter-9.
O.C.G.A. §
											37-9-1,
et seq
.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-7 - PATIENT COST OF CARE › Subject 82-7-1 - PATIENT COST OF CARE › Rule 82-7-1-.02 - Applicability

Current through Rules and Regulations filed through June 27, 2024
This chapter applies to any state hospital under the control of the department and any facility that provides services to individuals that is controlled by a state hospital.
O.C.G.A. §
											37-9-1,
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-7 - PATIENT COST OF CARE › Subject 82-7-1 - PATIENT COST OF CARE › Rule 82-7-1-.03 - Organization and Purpose

Current through Rules and Regulations filed through June 27, 2024
The purpose of these rules is to effect the requirements of the Patient Cost of Care Act, which mandates that the Georgia Department of Behavioral Health and Developmental Disabilities establishes standards for determining assessments for patient cost of care, determines liability thereof, makes investigations thereof, establishes billing and collection procedures, and provides for hearings, among other requirements.
O.C.G.A. §
											37-9-1,
et seq
.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-7 - PATIENT COST OF CARE › Subject 82-7-1 - PATIENT COST OF CARE › Rule 82-7-1-.05 - Authority to Develop Procedures

Current through Rules and Regulations filed through June 27, 2024
The Commissioner hereby is empowered to delegate authority to implement these regulations, including authority to determine assessments based on the standards prescribed in these Cost of Care regulations to the DBHDD Chief Financial Officer. Each determination of assessment shall be made pursuant to procedures developed under the direction of the Commissioner in accordance with these regulations and the Patient Cost of Care Act.
O.C.G.A. §
											37-9-1,
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-7 - PATIENT COST OF CARE › Subject 82-7-1 - PATIENT COST OF CARE › Rule 82-7-1-.06 - Care of Individuals Not Related to Payment

Current through Rules and Regulations filed through June 27, 2024
Care rendered to all individuals in state hospitals and programs shall be of the same nature and quality without regard to whether the payment of any sum or sums is made for the cost of care.
O.C.G.A. §
											37-9-3.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-7 - PATIENT COST OF CARE › Subject 82-7-1 - PATIENT COST OF CARE › Rule 82-7-1-.07 - Responsibility for Cost of Care

Current through Rules and Regulations filed through June 27, 2024
(1) Each individual receiving services from a state hospital shall be legally responsible for and shall pay to the Department of Behavioral Health and Developmental Disabilities, the cost of their care received from a state hospital. Payments for cost of care shall be payable following the receipt of services in accordance with standards and procedures established by the Department. In the event the Department is unable to collect the assessment from the individual served, or in the event the individual's assessment is less than the full cost of care for such individual, all other persons liable for the cost of care for such individual shall pay to the Department their respective assessments as provided by O.C.G.A §
									37-9-5.
(2) The Department shall develop procedures by which it shall determine all persons who are liable for the cost of care of an individual and by which it shall notify such persons of their joint and several liability and of their assessment. Such notice shall offer opportunity for any person so notified to be heard to show cause, if there be any, why such person should not be liable for payment of the assessment, as provided by O.C.G.A §
									37-9-5.
O.C.G.A. §
											37-9-1,
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-7 - PATIENT COST OF CARE › Subject 82-7-1 - PATIENT COST OF CARE › Rule 82-7-1-.08 - Requirements for Procedures to Determine and Allocate Cost of Care

Current through Rules and Regulations filed through June 27, 2024
(1) The Department shall establish:
(a) A method for determining cost of care;
(b) A method for assessing the portion of cost of care owed by each individual;
(c) A method for determining other persons liable for cost of care for each individual;
(d) A method for notifying each individual (including any representative of that individual designated in accordance with GA COMP. R. & REGS §
										82-5-1.07(2)) and/or persons liable for cost of care of the responsibility for assisting the Department in assessing cost of care, the assessment of the individual's cost of care, and the right to contest and appeal the assessment of the cost of care for which that person is liable.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-7 - PATIENT COST OF CARE › Subject 82-7-1 - PATIENT COST OF CARE › Rule 82-7-1-.09 - Standards for Assessments

Current through Rules and Regulations filed through June 27, 2024
(1) Standards for determining assessments are based on the income, assets, insurance, and other third-party coverage or entitlements, and other circumstances of persons liable for cost of care.
(2) The Department hereby establishes the assessment for cost of care for any individual covered by a contract of insurance or other third-party reimbursement contract or entitlement as:
(a) the total amount payable under such contract or entitlement up to the total cost of care, or that portion of cost of care payable under such contract or entitlement; provided, however, that if benefits payable under such contract or entitlement are less than the total cost of care, the amounts payable by all persons liable for cost of care toward any remaining balance shall be determined by application of the standards prescribed in paragraphs (3) and (4), below; further provided, however, that:
1. amounts payable toward any remaining balance for an individual eligible under any insurance contract, plan, or benefit shall be determined in accordance with any provisions for payment stipulated by the insurance contract, plan, or benefit as a requirement for participation in the insurance, plan, or benefit;
2. amounts payable toward any remaining balance for 93an individual eligible under the Medical Assistance Program (Title XIX of the Social Security Act) shall be determined in accordance with the provisions of the Georgia State Plan for Medical Assistance; and
3. amounts payable toward any remaining balance for a person eligible under the Medicare Program (Title XVIII of the Social Security Act) shall be determined in accordance with the regulations and policies of the Social Security Administration; or,
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-7 - PATIENT COST OF CARE › Subject 82-7-1 - PATIENT COST OF CARE › Rule 82-7-1-.12 - Sources of Payment of Cost of Care

Current through Rules and Regulations filed through June 27, 2024
(1) Notwithstanding any other provisions of law, the Department is not required to expend public funds for the purpose of providing support, care, and treatment covered under this regulation to any individual until such individual has exhausted the individual's eligibility and receipt of benefits under all other existing or future private, public, local, state, or federal programs or plans.
(2) Before the Department expends public funds for an individual's cost of care, the Department may assess and recover the cost of an individual's care from the individual served or other persons liable for such individual's cost of care if such individual is eligible for benefits under any other program or plan.
O.C.G.A. §
											37-9-9.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-7 - PATIENT COST OF CARE › Subject 82-7-1 - PATIENT COST OF CARE › Rule 82-7-1-.13 - Administrative Hearing Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) Hearings shall be conducted by the Office of State Administrative Hearings ("OSAH") after referral of any request for a hearing to OSAH.
(2) On request of a party affected by an assessment for cost of care to challenge the assessment, the Hospital receiving such a request will forward the request to the department's legal office so that an OSAH Form 1 may be filed.
(3) DBHDD Legal Services may attempt to resolve the issue with the person requesting a hearing prior to forwarding an OSAH Form 1 to OSAH. The department shall develop policies and procedures that set forth the manner such a request is handled. If the matter is not resolved informally, the department's legal office will file the OSAH Form 1 with OSAH.
O.C.G.A. §
											37-9-10.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-7 - PATIENT COST OF CARE › Subject 82-7-1 - PATIENT COST OF CARE › Rule 82-7-1-.14 - Actions for Collection

Current through Rules and Regulations filed through June 27, 2024
The Department shall bill persons liable for cost of care for the amount due on their assessments in the same manner as other debts and accounts. No bill shall be payable unless it contains the dates of service for which the costs billed therein were incurred. The Department is authorized to maintain in the name of the Department and the State of Georgia any action at law or equity in any court of this state or any other state which may be necessary to collect such sums.
O.C.G.A. §
											37-9-11.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-7 - PATIENT COST OF CARE › Subject 82-7-1 - PATIENT COST OF CARE › Rule 82-7-1-.15 - Severability

Current through Rules and Regulations filed through June 27, 2024
If any rule, sentence, clause or phrase of any of the rules and regulations in this Chapter may be construed by any court of competent jurisdiction to be invalid, illegal, unconstitutional, or otherwise unenforceable, such determination or adjudication shall in no manner affect the remaining rules or portions thereof. The remaining rules or portions thereof shall remain in full force and effect as if such rule or portions thereof so determined, declared or adjudicated invalid or unconstitutional were not originally part of these rules.
O.C.G.A. §§
											37-1-23, 37-1-40, 37-1-41, 37-3-2, 37-4-3, 37-7-2, 37-9-13.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-8 - EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES › Subject 82-8-1 - EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES › Rule 82-8-1-.01 - Authority

Current through Rules and Regulations filed through June 27, 2024
The legal authority for this Chapter is Chapters 3 and 7 of Title 37 of the Official Code of Georgia, Annotated.
O.C.G.A. §§
											37-3-1,
et seq.
, 37-7-1,
et seq
.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-8 - EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES › Subject 82-8-1 - EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES › Rule 82-8-1-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) Unless a different meaning is required by the context, the following terms as used in this Rule shall have the meaning hereinafter ascribed to them:
(a) The term "private facility" means any hospital facility that is a proprietary hospital or a hospital operated by a nonprofit corporation or association approved for the purposes of Chapter 3 or Chapter 7 of Title 37 of the Official Code of Georgia Annotated, as provided herein, or any hospital facility operated by a hospital authority created pursuant to the "Hospital Authorities Law," Article 4 of Chapter 7 of Title 31. DBHDD's approval or designation of a private facility for such purposes does
not
make the facility a "state owned" or "state operated" facility within the meaning of Title 37 or of this Chapter of regulations.
(b) The term "Crisis Stabilization Unit" (CSU) means a short-term residential program operated for the purpose of providing psychiatric stabilization and detoxification services that complies with applicable department standards and that provides brief, intensive crisis services 24 hours a day, seven days a week (these standards also apply to Behavioral Health Crisis Centers (BHCCs)) which complies with applicable DBHDD Provider Manuals. CSUs are not "state owned" or "state operated" facilities by reason of Title 37 or of this Chapter of regulations.
(c) The term "department" means the Department of Behavioral Health and Developmental Disabilities of the State of Georgia.
(d) The term "emergency receiving facility" means a facility designated by the department to receive patients under emergency conditions as provided in Part 1 of Article 3 of Chapter 3, or Part 1 of Article 3 of Chapter 7, of Title 37.
(e) The term "evaluating facility" means a facility designated by the department to receive patients for evaluation as provided in Part 2 of Article 3 of Chapter 3, or Part 2 of Article 3 of Chapter 7, of Title 37.
(f) The term "treatment facility" means a facility designated by the department to receive patients for treatment as provided in Part 3 of Article 3 of Chapter 3, or Part 3 of Article 3 of Chapter 7, of Title 37.
(g) The term "Psychiatrist" means any physician certified as a Diplomat in Psychiatry by the American Board of Psychiatry and Neurology, or who has completed three years of approved residency training program in psychiatry and has had two years of full-time practice in this specialty.
(h) The term "VA" means the United States Department of Veterans Affairs.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-8 - EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES › Subject 82-8-1 - EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES › Rule 82-8-1-.04 - Emergency Receiving Facility

Current through Rules and Regulations filed through June 27, 2024
(1) A private facility which has been designated as an emergency receiving facility shall comply with the regulations for hospitals set forth in Georgia Comp. R. & Regs. Chapter 111-8-40, as they now exist or as may be amended.
(2) The private facility shall arrange for the availability of a physician who will examine the patient as soon as possible, but in any event within 48 hours of admission.
(3) The private facility shall provide at least one seclusion room that conforms with the requirements of Georgia Comp. R. & Regs §
									111-8-40-.37(5). Every seclusion area shall be equipped with shatterproof windows and a locked door that can be opened from the outside, to accommodate individuals with reasonable safety, even if such equipment is not otherwise required by §
									111-8-40-.37(5). The facility must maintain the privacy of any individual in the seclusion room by minimizing that individual's visibility to other individuals being served.
(4) Every Crisis Stabilization Unit (CSU) shall follow the applicable DBHDD policies and applicable DBHDD Provider Manuals.
(5) Every private facility designated as an emergency receiving, evaluating, and/or treatment facility, and every CSU, shall follow generally accepted standards and consider best practices related to discharge planning.
O.C.G.A. §§
											37-3-40, 37-7-40.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-8 - EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES › Subject 82-8-1 - EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES › Rule 82-8-1-.05 - Evaluating Facility

Current through Rules and Regulations filed through June 27, 2024
(1) A private facility which has been designated as an evaluating facility shall comply with the regulations for hospitals set forth in Georgia Comp. R. & Regs. Chapter 111-8-40, as they now exist or as may be amended.
(2) The active medical staff of the private facility or the CSU shall include a physician who has completed at least one year of approved psychiatric residency. Additionally, the facility shall make available consultation by a psychiatrist as defined in Rule -.02 of this Chapter.
(3) The private facility or the CSU shall provide at least one seclusion room that conforms with the requirements of Georgia Comp. R. & Regs §
									111-8-40-.37(5). Every seclusion area shall be equipped with shatterproof windows and a locked door that can be opened from the outside, to accommodate individuals with reasonable safety, even if such equipment is not otherwise required by §
									111-8-40-.37(5). The facility must maintain the privacy of any individual in the seclusion room by minimizing that individual's visibility to other individuals being served.
(4) The private facility or the CSU shall utilize available resources in the community to provide psychological tests and social work services if such services are needed for the patients and do not exist within the facility. In utilizing such resources, the private facility or the CSU shall comply with the requirements of Georgia Comp. R. & Regs §
									111-8-40-.37; and, if that regulation or any other applicable law or regulation does not permit the utilization of such resource, then this paragraph shall not be construed as authorizing its utilization.
(5) Every Crisis Stabilization Unit (CSU) shall follow the applicable DBHDD policies and applicable DBHDD Provider Manuals.
(6) The private facility or the CSU shall follow generally accepted standards and consider best practices related to discharge planning.
O.C.G.A. §§
											37-3-60, 37-7-60.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-8 - EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES › Subject 82-8-1 - EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES › Rule 82-8-1-.06 - Treatment Facility

Current through Rules and Regulations filed through June 27, 2024
(1) A private facility which has been designated as a treatment facility shall comply with the regulations for hospitals set forth in Georgia Comp. R. & Regs. Chapter 111-8-40, as they now exist or as may be amended.
(2) The private facility shall have an identifiable program specifically designed for individuals with behavioral health challenges.
(3) The program described at (2) immediately above shall be directed by a psychiatrist employed or contracted by the private facility.
(4) The services provided by a private facility shall include, at a minimum, psychological services, social services, activity therapies, and rehabilitation services.
(5) The private facility shall follow generally accepted standards and consider best practices related to discharge planning.
O.C.G.A. §§
											37-3-80, 37-7-80.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-8 - EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES › Subject 82-8-1 - EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES › Rule 82-8-1-.07 - Enforcement

Current through Rules and Regulations filed through June 27, 2024
(1) The administration and enforcement of these rules and regulations shall be as prescribed in Chapter 1, Chapter 3, and Chapter 7 of Title 37 of the Official Code of Georgia Annotated.
(2) If DBHDD determines that a facility has violated one or more of the regulations in this Chapter, or has failed to comply with one or more DBHDD standards applicable to the facility, or has failed to comply with the terms of any contract or agreement the facility has with DBHDD, then, in addition to any other remedies available by law, DBHDD may enforce the regulations, standards, or contract or agreement by actions which may include:
(a) issuing a time-limited designation or designations to the facility;
(b) temporarily suspending a designation or designations of the facility;
(c) removing a designation or designations of the facility.
Compilation of Rules and Regulations of the State of Georgia › Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES › Chapter 82-8 - EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES › Subject 82-8-1 - EMERGENCY RECEIVING, EVALUATING AND TREATMENT FACILITIES › Rule 82-8-1-.08 - Severability

Current through Rules and Regulations filed through June 27, 2024
In the event that any rule, sentence, clause or phrase of any of the rules and regulations in this Chapter may be construed by any court of competent jurisdiction to be invalid, illegal, unconstitutional, or otherwise unenforceable, such determination or adjudication shall in no manner affect the remaining rules or portions thereof. The remaining rules or portions thereof shall remain in full force and effect as if such rule or portions thereof so determined, declared or adjudicated invalid or unconstitutional were not originally part of these rules.
O.C.G.A. §§
											37-1-23, 37-1-40, 37-1-41, 37-3-2, 37-4-3, 37-7-2.
Compilation of Rules and Regulations of the State of Georgia › Department 85 - RULES OF GEORGIA ATHLETIC & ENTERTAINMENT COMMISSION › Chapter 85-1 - PROFESSIONAL BOXING › Rule 85-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1)
"Applicant"
means any persons, corporations, organizations or
			 associations required to be licensed before promoting, holding, organizing,
			 participating in, or competing in a professional boxing match.
(2)
"Body jewelry"
means any
			 tangible object affixed to, through, or around any portion of the contestant's
			 body.
(3)
"Federal
			 Identification Card"
means an identification card issued by the commission
			 pursuant to O.C.G.A
			 43-4B-12 or any such card issued by
			 another boxing commission as required by
			 15 USC
			 6305,
et seq.
(4)
"Official"
unless otherwise
			 indicated is an exclusive term collectively meaning "judges," "referees," and
			 "timekeepers."
(5)
"Sanctioning
			 Organization"
means a national or internationally organization generally
			 recognized in the boxing community and which: ranks boxers within each weight
			 class; sanctions and approves championship matches in those weight classes; and
			 awards championship status and championship prizes (belts, rings, plaques, etc.)
			 to the winner of those matches.
(6)
"Special Event"
means a boxing card or boxing show, which has among
			 its contests a championship match, a pay-per-view or subscription television
			 match, a national televised match, or any other match of significance to boxing
			 in this state as designated by the commission.
O.C.G.A. Secs.
				31-31,
				43-4B
et seq.
,
				43-8A
et
				seq.
Compilation of Rules and Regulations of the State of Georgia › Department 85 - RULES OF GEORGIA ATHLETIC & ENTERTAINMENT COMMISSION › Chapter 85-1 - PROFESSIONAL BOXING › Rule 85-1-.03 - Bonds

Current through Rules and Regulations filed through June 27, 2024
(1)
Promoter's
			 License Surety Bond.
(a) Before any
			 promoter's license is issued authorizing the promotion of professional boxing
			 matches in the state of Georgia, the applicant shall make and deliver to the
			 commission a security bond executed by a surety corporation authorized to
			 transact business in this state.
(b)
			 Any and all bond applications shall be on a form provided by the commission, and
			 shall be accompanied by an enforceable power of attorney. The commission may also
			 require certificate of "good standing" issued by the Commissioner of
			 Insurance.
(c) If any company issuing
			 a bond shall be removed from doing business in this state, it shall be the duty
			 of the Commissioner of Insurance to notify the Georgia Athletic &
			 Entertainment Commission within 30 days.
(d) The bind shall be in such amount as the
			 commission may determine based upon the payment of officials' fees, fees
			 necessary to secure the proper medical supervision of any professional boxing
			 show in the state of Georgia, and/or the estimated potential damages, penalties,
			 taxes or expenses resulting from promotional activities contemplated in the state
			 of Georgia.
(e) Whenever the
			 commission shall determine that a previously approved bond has for any cause
			 become insufficient, the commission may require an additional bond or bonds to be
			 given, conforming with the requirements of these rules.
1. Unless the additional promoter's license
			 bond or bonds are given within the time fixed by written demand therefor, or if
			 the promoter's license bond of a licensee is canceled, the license of such person
			 shall be immediately revoked by the operation of law without notice or
			 hearing.
Compilation of Rules and Regulations of the State of Georgia › Department 85 - RULES OF GEORGIA ATHLETIC & ENTERTAINMENT COMMISSION › Chapter 85-1 - PROFESSIONAL BOXING › Rule 85-1-.04 - Medical Requirements

Current through Rules and Regulations filed through June 27, 2024
(1)
Medical Examination.
(a)
Neurological Examination.
1. All
			 boxers intending to compete in Georgia who have competed in over 200 rounds
			 during their professional career, according to the number of rounds disclosed on
			 such boxer's official ring record, and prior to competing in Georgia, must submit
			 to the commission the results of a detailed neurological examination performed
			 within the previous twelve months by a board certified and state licensed
			 neurologist. Such examination shall include a careful examination for signs of
			 any trauma induced neurological damage along with any other specific test or
			 tests requested by the neurologist. Any boxer not submitting said results prior
			 to the match may be allowed to compete provided however that such boxer's license
			 will, at the conclusion of the match, be medically suspended until such time as
			 his neurological examination requirement is fulfilled.
2. The commission may require impact testing or
			 other medical diagnostic test to determine a neurological baseline for combat
			 sports. The Commission may order subsequent medical testing as the Commission
			 physicians deem necessary.
Compilation of Rules and Regulations of the State of Georgia › Department 85 - RULES OF GEORGIA ATHLETIC & ENTERTAINMENT COMMISSION › Chapter 85-1 - PROFESSIONAL BOXING › Rule 85-1-.06 - Ring and Equipment

Current through Rules and Regulations filed through June 27, 2024
(1)
General Provisions.
Any
			 dimension in this rule, where the unit of measurement is "inches," shall be
			 considered only as a general and approximate guideline. Where such dimension
			 guidelines are exceeded, the commission appointed supervisor shall have the
			 authority to allow or disallow any such variance from the established
			 guideline.
(2)
The Ring
.
(a)
Ring Size.
The ring must be a
			 square and not less than 16 feet nor more than 20 feet on a side within the
			 ropes. The ring platform (floor) must extend beyond the ropes at least 18 inches
			 on all sides (apron).
1. A ring size greater
			 than 20 feet on a side within the ropes shall only be allowed after unanimous
			 agreement of all the boxers contracted to appear on the show. For purposes of the
			 subparagraph, the term "all boxers" shall be limited to those boxers contracted
			 to a compete in bouts of eight rounds or more.
Compilation of Rules and Regulations of the State of Georgia › Department 85 - RULES OF GEORGIA ATHLETIC & ENTERTAINMENT COMMISSION › Chapter 85-1 - PROFESSIONAL BOXING › Rule 85-1-.07 - Officials (Referees, Judges, and Timekeepers)

Current through Rules and Regulations filed through June 27, 2024
(1)
General Provisions.
(a) Each
			 official must be licensed by the Commission prior to working in any professional
			 boxing match.
(b) Each official will
			 be assigned or appointed by the Commission.
(c) Each official assigned to serve in a boxing
			 match is a contract employee of the promoter of such match.
(d) A referee and three judges shall officiate
			 all boxing bouts. A majority vote of the judges will determine the outcome of the
			 contest.
(e) No active manager,
			 promoter, trainer, or contestant shall be allowed to officiate at any
			 contest.
(f) Any referee or judge
			 assigned to a match who becomes unable to officiate shall notify the Commission
			 assigned supervisor before 2:00 p.m. on the day of the
			 contest.