reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-56 - NURSING HOMES › Rule 111-8-56-.25 - Dining Assistants

Current through Rules and Regulations filed through June 27, 2024
(1) Dining assistants shall work under the
				direct supervision of a registered nurse or a licensed practical nurse. Direct
				supervision means that the registered nurse or licensed practical nurse is
				present in the same room and available to respond to the need for
				assistance.
(2) Dining assistants
				are to be used to supplement, not replace, existing nursing staff requirements
				and as such are not considered nursing staff and are not to be included in
				computing the required minimum hours of direct nursing care.
(3) Dining assistants shall:
(a) Be at least 16 years of age;
				and
(b) Have successfully completed
				the dining assistant training program in accordance with these rules.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-56 - NURSING HOMES › Rule 111-8-56-.26 - Background Screening and Employees

Current through Rules and Regulations filed through June 27, 2024
(1) Prior to hiring an employment applicant,
				each nursing home shall first screen the potential employee for a history of
				abuse, neglect, or exploitation. This includes attempting to obtain information
				from previous employers and current employers and checking with the applicable
				licensing boards and registries. The background screenings shall include, but
				not be limited to:
(a) The nursing home shall
				request a criminal records check from the Georgia Crime Information Center
				(GCIC) to determine whether the applicant has a criminal record. In accordance
				with the provisions of Section
				31-7-350,
et
				seq.
, of the Official Code of Georgia Annotated, the nursing home
				shall make a written determination for each applicant for whom a criminal
				records check is performed. A nursing home shall not employ a person with an
				unsatisfactory determination as such term is defined by Section
				31-7-350 of the Official Code of
				Georgia Annotated;
(b) Before
				allowing an individual to serve as a nurse aide or a dining assistant, the
				nursing home shall contact the state's Nurse Aide Registry to determine whether
				a finding has been entered concerning abuse, neglect, exploitation, or
				misappropriation of resident property. The nursing home shall also seek
				information from other state nurse aide registries that the nursing home
				believes may contain information on the individual, based on the applicants
				prior work history; and
(c) The
				nursing home shall not employ individuals who have been:
1. Found guilty of abusing, neglecting, or
				mistreating residents by a court of law; or
2. Have had a finding entered into the state
				Nurse Aide Registry concerning abuse, neglect, exploitation, or
				misappropriation of resident property.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-56 - NURSING HOMES › Rule 111-8-56-.27 - Vaccines

Current through Rules and Regulations filed through June 27, 2024
(1) Unless
				contraindicated, all nursing homes shall annually offer an influenza virus
				vaccine, contingent on availability, to all Medicare and Medicaid eligible
				residents and private pay residents in their facilities and a pneumococcal
				bacteria vaccine, contingent on availability, to all Medicare eligible
				residents and all private pay residents, 65 years of age or older, in their
				facilities.
(2) Vaccines and other
				medications shall only be administered by the nursing home's licensed personnel
				in accordance with applicable state laws and regulations.
(3) Vaccines and other medications shall be
				stored safely and appropriately monitored to prevent unauthorized use or
				access.
(4) Vaccines and other
				medications shall be properly labeled and handled in accordance with current
				accepted standards of practice and applicable laws and regulations. Outdated,
				mislabeled, or otherwise unusable vaccines and other medications shall not be
				available for resident use.
(5)
				Vaccines and other medications shall be kept in original containers with
				original labels intact.
O.C.G.A. §
										31-7-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.01 - Authority

Current through Rules and Regulations filed through June 27, 2024
The legal authority for this Chapter is the Official Code of
				  Georgia Annotated, Chapters 2 and 7 of Title 31.
O.C.G.A. §§
										31-2-4,
				  31-2-7,
				  31-2-8, and
				  31-7-1
et
				  seq.
O.C.G.A. Secs.
				  31-2-4,
				  31-2-7,
				  31-2-8,
				  31-2-9,
				  31-2-11,
				  31-7-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.02 - Purposes

Current through Rules and Regulations filed through June 27, 2024
The purposes of these rules and regulations are to establish
				  the minimum standards for the operation of personal care homes which provide
				  residential and personal services to adults who require varying degrees of
				  supervision and care and to assure safe, humane and comfortable, supportive
				  residential settings.
O.C.G.A. Secs.
				  31-2-7,
				  31-2-8,
				  31-2-9,
				  31-2-11,
				  31-7-1,
				  31-7-2.1,
				  31-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.03 - Definitions

Current through Rules and Regulations filed through June 27, 2024
In these rules, unless the context otherwise requires, the
				  words, phrases and symbols shall mean the following:
(a) "Abuse" means any intentional or grossly
				negligent act or series of acts or intentional or grossly negligent omission to
				act which causes injury to a resident, including but not limited to, assault or
				battery, failure to provide treatment or care, or sexual harassment of the
				resident.
(b) "Activities of daily
				living" means bathing, shaving, brushing teeth, combing hair, toileting,
				dressing, eating, laundering, cleaning private living space, managing money,
				writing letters, shopping, using public transportation, making telephone calls,
				grooming, obtaining appointments, engaging in leisure and recreational
				activities, or other similar activities.
(c) "Administrator" means the manager
				designated by the governing body as responsible for the day-to-day management,
				administration and supervision of the personal care home, who may also serve as
				the on-site manager and responsible staff person except during periods of his
				or her own absence.
(d) "Ambulatory
				Resident" means a resident who has the ability to move from place to place by
				walking, either unaided or aided by prosthesis, brace, cane, crutches, walker
				or hand rails, or by propelling a wheelchair or scooter; who can respond to an
				emergency condition, whether caused by fire or otherwise, and escape with
				minimal human assistance such as guiding a resident to an exit, using the
				normal means of egress.
(e)
				"Applicant" means any of the following:
1.
				When the personal care home is owned by a sole proprietorship, the individual
				proprietor shall be the applicant for the license, complete the statement of
				responsibility and serve as the licensee.
2. When the personal care home is owned by a
				partnership, the general partners shall be the applicant for the license,
				complete the statement of responsibility and serve as the licensee.
3. When the personal care home is owned by an
				association or limited liability company (LLC), the governing body of the
				association or LLC shall authorize the application for the license and complete
				the statement of responsibility and the association shall serve as the
				licensee.
4. When the personal care
				home is owned by a corporation, the governing body of the corporation shall
				authorize the application for the license and complete the statement of
				responsibility and the corporation shall serve as the licensee.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.04 - Applicability of Rules and Exemptions

Current through Rules and Regulations filed through June 27, 2024
(1) These rules apply to all personal care
				homes unless the facility is specifically exempted as provided in paragraph (2)
				of this rule.
(2) These regulations
				do not apply to the following facilities:
(a)
				Boarding homes or rooming houses which provide no personal services other than
				lodging and meals.
(b) Facilities
				offering temporary emergency shelter, such as those for the homeless and
				victims of family violence.
(c)
				Other facilities, homes or residences licensed by the Department which have not
				been classified as personal care homes, e.g. assisted living communities,
				hospices, traumatic brain injury facilities, drug abuse treatment
				facilities.
(d) Facilities
				providing residential services for federal, state or local correctional
				institutions under the jurisdiction of the criminal justice system.
(e) Facilities regulated by the Department of
				Behavioral Health and Developmental Disabilities.
(f) Host homes as defined in O.C.G.A. §
										37-1-20(18).
(g) Group residences organized by or for
				persons who choose to live independently or who manage their own care and share
				the cost of services including but not limited to attendant care,
				transportation, rent, utilities and food preparation.
(h) Charitable organizations providing
				shelter and other services without charging any fee to the resident.
(i) Any separate and distinct dwelling which
				is classified by the Department as a community living arrangement subject to
				the Rules and Regulations for Community Living Arrangements, Chapter 290-9-37.
				A facility classified as a Community Living Arrangement cannot be operated on
				the same premises as a personal care home.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.05 - Application for Permit

Current through Rules and Regulations filed through June 27, 2024
(1) The governing body of each home must
				submit to the Department an application for a permit in the required format in
				order to be eligible to operate if the application is approved.
(2) No application for licensure will be
				acted upon by the Department unless it has been determined to be complete and
				include all required attachments and fees due the Department as specified in
				the Rules and Regulations for General Licensing and Enforcement Requirements,
				Chapter 111-8-25.
(3) The
				application must truthfully and accurately disclose required
				information.
(4) Each application
				for a permit must be accompanied by a sketch, plat, photos or simple drawing of
				the home, and grounds with identification of all structures on the premises by
				the applicant. The visual depiction must show the property, windows, doors,
				room measurements, and bed placement for residents, family and/or staff and be
				accompanied by documentation of ownership or lease agreement for the property
				on which the home will be operated.
(5) The name of the administrator or on-site
				manager, who will be working in the home, if known, must be included with the
				application for a permit. If such information is not known at the time of
				application, it must be provided to the Department before a permit will be
				issued.
(6) The ownership of the
				home shall be fully disclosed in its application for a permit. In the case of
				corporations, partnerships, and other bodies created by statute, the corporate
				officers and all other individuals or family groups owning ten percent or more
				of the corporate stock or ownership must be disclosed in the application for a
				permit as well as the registered agent for service of process.
(7) Local zoning and other local requirements
				regarding the proper location and establishment of homes must be addressed by
				the applicant with the responsible local officials.
(8) The filing of an application for
				licensure constitutes a representation that the applicant is or will be in
				complete control of the home as of a specified date.
(9) For initial application for licensure of
				a home with twenty-five (25) beds or more, the applicant shall include a
				financial stability affidavit from a certified public accountant affirming the
				applicant's ability to operate as a going concern for the next two
				years.
(10) No personal care home
				shall be operated and no residents admitted without such a permit which is
				current under these rules and regulations.
(11) No memory care center shall be operated
				and no residents admitted without a certificate which is current under these
				rules and regulations.
O.C.G.A.
				  §§
											31-2-7,
				  31-2-9,
				  31-2-14,
				  31-7-1 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.06 - Permits

Current through Rules and Regulations filed through June 27, 2024
(1) The governing
				body of each personal care home must obtain a valid permit from the Department
				prior to operating as a personal care home.
(2) The permit must be displayed in a
				conspicuous place on the premises that is visible to residents and
				visitors.
(3) A licensed personal
				care home must not serve more residents than its approved licensed
				capacity
(4) A permit is no longer
				valid and must be returned to the Department when the home ceases to operate,
				is moved to another location, the ownership changes, the governing body is
				significantly changed, or the permit is suspended or revoked.
(5) A permit is required for each home
				located on different premises where more than one home is operated under the
				same governing body.
(6) No
				personal care home is permitted to provide personal services to individuals
				living in spaces which are not located within the authorized space assigned to
				the licensed personal care home.
(7) A home licensed as a personal care home,
				but not specifically licensed as an assisted living community, must not provide
				assisted living care.
(8) A
				personal care home must not operate or allow another business to operate on the
				premises of the licensed home where the business intrudes on the residents'
				quiet enjoyment and use of the licensed home.
O.C.G.A. Secs.
				  31-2-7,
				  31-2-9,
				  31-2-11,
				  31-7-1,
				  31-7-2.1,
				  31-7-12.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.08 - Administration

Current through Rules and Regulations filed through June 27, 2024
(1) The home must
				have an administrator, who is at least 21 years of age and meets the following
				requirements, as applicable:
(a)
				Administrators of homes licensed for fewer than twenty-five (25) beds must have
				either (i) an Associate's Degree or, (ii) a G.E.D. or a high school diploma and
				2 years of experience working in a licensed personal care home or other
				healthcare-related setting.
(b)
				Administrators of homes licensed for twenty-five (25) or more beds must hold a
				valid license from the State Board of Long-Term Care Facility Administrators
				with an effective date no greater than sixty (60) days from the date of hire or
				July 1, 2021, whichever is later.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.09 - Workforce Qualifications and Training

Current through Rules and Regulations filed through June 27, 2024
(1) Age Requirements. The on-site manager and
				all other direct-care supervisory staff working in a personal care home must be
				at least 21 years of age. Non-supervisory staff providing hands-on care to the
				residents must be at least 18 years of age.
(2) The administrator or on-site manager must
				be responsible for ensuring that any person working in the home as an employee,
				under contract or otherwise, receives work-related training within the first
				sixty days of employment. Such training must include, at a minimum, the
				following:
(a) Evidence of current
				certification in emergency first aid except where the staff person is a
				currently licensed health care professional;
(b) Evidence of current certification in
				cardiopulmonary resuscitation where the training course required return
				demonstration of competency;
(c)
				Emergency evacuation procedures;
(d) Medical and social needs and
				characteristics of the resident population;
(e) Residents' rights;
(f) Identification of conduct constituting
				abuse, neglect or exploitation of a resident and reporting requirements to
				include the employee's receipt of a copy of the Long-Term Care Facility
				Resident Abuse Reporting Act as outlined in O.C.G.A. §
										31-8-81 et seq.; and
(g) General infection control principles
				including the importance of hand hygiene in all settings and attendance
				policies when ill.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.10 - Staffing

Current through Rules and Regulations filed through June 27, 2024
(1) Homes licensed
				for less than 25 beds must maintain a minimum on-site staff to resident ratio
				of one awake direct care staff person per 15 residents during waking hours and
				one awake direct care staff person per 25 residents during non-waking hours
				where the residents have minimal care needs. Homes licensed for 25 or more beds
				must maintain an average monthly minimum on-site staff to resident ratio of one
				awake direct care staff person per 15 residents during waking hours and one
				awake direct care staff person per 20 residents during non-waking hours.
				Average monthly minimum staffing levels shall be calculated and documented by
				the home using methods and forms specified by the department. Notwithstanding
				the above requirements, all homes must staff above these minimum on-site staff
				ratios to meet the specific residents' ongoing health, safety and care needs.
(a) Staff, such as cooks and maintenance
				staff, who do not receive on-going direct care training and whose job duties do
				not routinely involve the oversight or delivery of direct personal care to the
				residents, must not be counted towards these minimum staffing ratios. Personnel
				who work for another entity, such as a private home care provider, hospice, or
				private sitters cannot be counted in the staff ratios for the home.
(b) At least one administrator, on-site
				manager, or a responsible staff person must be on the premises 24 hours per day
				and available to respond to resident needs, with a minimum of one staff person
				per occupied floor.
(c) Residents
				must be supervised consistent with their needs.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.12 - Home Design Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) A home must be constructed, arranged, and
				maintained to provide adequately for all of the following:
(a) Health, safety, and well-being of the
				residents.
(b) Independence,
				privacy and dignity of the residents.
(c) Safe access of all residents with varying
				degrees of functional impairments to living, dining and activity areas within
				the home.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.13 - Physical Plant Health and Safety Standards

Current through Rules and Regulations filed through June 27, 2024
(1) Each home must be in compliance with fire
				and safety rules promulgated by the Office of the Safety Fire Commissioner for
				the personal care homes it regulates.
(2) Each home must be in compliance with
				applicable local ordinances that specifically address fire safety in homes of
				that size and function. Private quarters must be maintained in such a manner as
				to comply with fire safety codes and not threaten the health or safety of
				residents. In the absence of or in addition to any such local ordinances, the
				following requirements must be met:
(a) Wall
				type electric outlets and lamps or light fixtures must be maintained in a safe
				and operating condition. The home must provide functioning light bulbs for
				light fixtures.
(b) Cooking
				appliances must be suitably installed in accordance with approved safety
				practices. Where metal hoods or canopies are provided, they must be equipped
				with filters which must be maintained in an efficient condition and kept clean
				at all times.
(c) Space heaters
				must not be used, except during an emergency situation after obtaining specific
				written approval of the fire safety authority having jurisdiction over the
				home.
(d) Fire screens and
				protective devices must be used with fireplaces, stoves and heaters, including
				space heaters.
(e) Each home must
				be protected with sufficient smoke detectors, powered by house electrical
				service with battery back-up which, when activated, must initiate an alarm
				which is audible in the sleeping rooms.
(f) Each home must have at least one charged
				5 lb. multipurpose ABC fire extinguisher on each occupied floor and in the
				basement. These extinguishers must be checked annually to assure they remain in
				operable condition.
(g) Each home
				must have a working doorbell or doorknocker which is audible to staff inside at
				all times.
(h) Exterior doors must
				be equipped with locks which do not require keys to open them from the
				inside.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.14 - Furnishings and Fixtures

Current through Rules and Regulations filed through June 27, 2024
(1) Furnishings of the home in the living
				room, bedrooms and dining room must be maintained in good condition, intact,
				and functional.
(2) Furnishings and
				housekeeping standards must be such that a home presents a clean and orderly
				appearance.
(3) Resident bedroom
				furnishings must include all of the following:
(a) An adequate closet or wardrobe.
(b) Working lighting fixtures sufficient for
				reading and other resident activities.
(c) A bureau or dresser or the equivalent and
				at least one chair with arms per resident in each bedroom or private living
				space.
(d) A mirror appropriate for
				grooming unless the resident or resident's representative specifically requests
				to have it removed;
(e) An
				individual bed at least 36-inches wide and 72-inches long with comfortable
				springs and mattress, clean and in good condition. Where a particular resident
				is very tall, the home must provide an extra long mattress upon request. The
				mattress shall be not less than five-inches thick, or four-inches, if of a
				synthetic construction. Couples may request a double bed when available.
				Roll-a-ways, cots, double-decks, stacked bunks, hide-a-beds and studio couches
				are not to be used in lieu of standard beds.
(f) Bedding for each resident which includes
				two sheets, a pillow, a pillow case, a minimum of one blanket and bedspread. A
				home must maintain a linen supply for not less than twice the bed capacity
				where the residents do not choose to provide their own linens. Where the
				residents choose to provide their own linens, the home must maintain an
				adequate supply of spare linens on hand to accommodate the needs of the
				residents. A home must change and launder bed linens for each resident at least
				weekly or more often if soiled.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.18 - Precautions for Residents at Risk of Elopement

Current through Rules and Regulations filed through June 27, 2024
(1) A home which serves residents with
				cognitive deficits which place the residents at risk of eloping, i.e. engaging
				in unsafe wandering activities outside the home must do the following:
(a) Develop, train and enforce policies and
				procedures for staff to deal with residents who may elope from the home
				including what actions, as specified in rule
				111-8-62-.30 are to be taken if a
				resident wanders away (elopes) from the home.
(b) Utilize appropriate effective safety
				devices, which do not impede the residents' rights to mobility and activity
				choice or violate fire safety standards, to protect the residents who are at
				risk of eloping from the premises.
1. If the
				safety devices include locks used on exit doors, as approved by the fire
				marshal having jurisdiction over the home, then the locking device shall be
				electronic and release whenever the following occurs: activation of the fire
				alarm or sprinkler system, power failure to the home or by-pass for routine use
				by the public and staff for service using a key button/key pad located at the
				exit or continuous pressure for thirty (30) seconds or less.
2. If the safety devices include the use of
				keypads to lock and unlock exits, then directions for operation must be posted
				on the outside of the door to allow individuals' access to the memory care
				center. However, if the center is a whole home, then directions for the
				operation of the locks need not be posted on the outside of the door. The
				center must not have entrance and exit doors that are closed with
				non-electronic keyed locks nor shall a door with a keyed lock be placed between
				a resident and the exit.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.19 - Additional Requirements for Certified Memory Care Centers

Current through Rules and Regulations filed through June 27, 2024
(1) A home must
				meet the additional requirements contained in rule
				111-8-62-.19 where the home serves
				persons with probable diagnoses of Alzheimer's Disease or other dementia and
				does any of the following:
(a) Holds itself
				out as providing additional or specialized care to such residents; or
(b) Charges rates in excess of that charged
				other residents for the provision of additional or specialized care.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.20 - Medications

Current through Rules and Regulations filed through June 27, 2024
(1)
Self-Administration of Medications
. Residents who have the
				capacity to self-administer medications safely and independently without staff
				assistance or supervision must be allowed to store their own medications
				securely and self-administer medications if they so desire.
(2)
Assistance with
				Self-Administration
. A resident who is not capable of independent
				self-administration of medication may be assisted and supervised in
				self-administration by staff to the following extent;
(a) Staff providing such assistance or
				supervision may perform the following:
1. Take
				the medication, in its previously dispensed, properly labeled container, from
				where it is stored, and bring the medication to the resident.
2. Read the label, open the container, remove
				a prescribed amount of medication from the container, and close the container,
				in the presence of the resident.
3.
				Place an oral dosage in the resident's hand or in another container where the
				resident requests assistance.
4.
				Apply topical medications.
5.
				Assist with self-administration of drops, inhalers, nasal sprays and
				patches.
6. Return the medication
				container to proper secured storage.
7. Assist the resident's use of an EPI pen
				where the resident has known severe allergies for which an EPI pen has been
				prescribed on condition that there is an established written protocol detailing
				how it is to be used and when. The protocol must include immediately calling
				Emergency Services, 911, after any use of the EPI pen.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.21 - Nutrition

Current through Rules and Regulations filed through June 27, 2024
(1) A minimum of
				three regularly scheduled, well-balanced, meals must be provided seven days a
				week. There must be no more than 14 hours elapsing between the scheduled
				evening and morning meals. Meals must meet the general requirements for
				nutrition currently found in the Recommended Daily Diet Allowances, Food and
				Nutrition Board, National Academy of Sciences Meals must be of sufficient
				quantity, proper form, consistency and temperature. Food for at least one
				nutritious snack shall be available and offered each mid-afternoon and
				evening.
(2) Food received or used
				in a personal care home must be from satisfactory sources and must be clean,
				wholesome, free from spoilage, adulteration, and misbranding, and safe for
				human consumption.
(3)
Properly Furnished Food Areas.
A home must have a properly equipped
				kitchen with appropriate cabinets, drawers, holders and shelves or racks for
				storage of necessary equipment and utensils to prepare meals safely unless the
				home has arranged for meals to be obtained from a permitted food service
				establishment. The kitchen must be kept clean and disinfected at least daily
				unless more frequent sanitization is required to prevent the spread of
				infection or food borne illnesses.
(4)
Handling of Food.
All foods
				while being stored, prepared and served must be protected from spoilage and
				contamination and be safe for human consumption. The home must ensure that
				staff does the following:
(a) Store
				perishable foods properly, such as but not limited to meat, fish, eggs, dairy
				products, juices at temperatures that will minimize spoilage, i.e. at or below
				41 degrees F.
(b) Thaw frozen foods
				properly, i.e. in the refrigerator or under cold running water with an
				unplugged sink.
(c) Provide hot and
				cold running water and sanitizing agents and ensure that they are used
				appropriately in the kitchen to clean and sanitize food, hands and utensils as
				required for safe food preparation.
(d) Prevent cross-contamination of foods via
				hands, cutting boards or utensils during preparation.
(e) Ensure that hot foods leave the kitchen
				(e.g. pot, steam table) for serving at or above 140 degrees F. and that cold
				foods leave the kitchen for serving at or below 41 degrees F.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.22 - Temperature Conditions

Current through Rules and Regulations filed through June 27, 2024
(1) The temperature throughout the home must
				be maintained by an adequate heating and cooling systems or its equivalent at
				ranges which are consistent with individual health needs of residents and
				provides a comfortable environment for the residents.
(2) Temperatures in the home must not fall
				below 68 degrees during waking hours and 62 degrees F during sleeping hours.
				Mechanical cooling devices must be made available for use in those areas of the
				building used by residents when inside temperatures exceed 80 degrees F. No
				resident must be in any residence area that exceeds 85 degrees F.
(3) Where a power outage or mechanical
				failure impacting the ability of the home to maintain appropriate temperature
				ranges occurs, the home must take immediate action to provide for the health
				and safety of the residents, including but not limited to, arranging
				immediately for a service call, providing additional blankets or fans or
				utilizing an emergency power generator in accordance with the home's emergency
				preparedness plan.
O.C.G.A. Secs.
				  31-2-7,
				  31-2-9,
				  31-7-2.1.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.23 - Infection Control, Sanitation and Supplies

Current through Rules and Regulations filed through June 27, 2024
(1) The home must have a supply of first-aid
				materials available for use. This supply must include, at a minimum, gloves,
				band aids, thermometer, tape, gauze, and an antiseptic.
(2) A home must provide hand-sanitizing
				agents or soap and water at the sinks, clean towels and toilet tissue at each
				commode.
(3) Hand washing
				facilities provided in both kitchen and bathroom areas must include hot and
				cold running water, soap, and clean towels.
(4) The home must have an effective infection
				control program which includes, at least the following:
(a) Training provided to staff on effective
				measures for minimizing the spread of infections and food borne
				illnesses.
(b) Responding to
				disease outbreaks appropriately and participating in infection control
				investigations.
(c) Staff
				demonstrating their understanding and use of proper infection control practices
				in their delivery of care to the residents.
(d) Enforcing work and return to work
				policies to minimize the spread of infection and illnesses.
(f) Providing notices as recommended by
				public health regarding outbreaks and infestation issues to residents, staff
				and any visitors. Homes licensed for twenty-five (25) or more beds must meet
				the notification requirements of the Rules and Regulations for Disaster
				Preparedness Plans, Chapter 111-8-16.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.26 - Procedures for Change in Resident Condition

Current through Rules and Regulations filed through June 27, 2024
(1) In case of an accident or sudden adverse
				change in a resident's physical condition or emotional adjustment, a home must
				take the actions appropriate to the specific circumstances to address the needs
				of the resident, including notifying the representative or legal surrogate, if
				any. The home must retain a record of all such accidents or sudden adverse
				changes and the home's response in the resident's files.
(2) Where the sudden change in the resident's
				condition causes the resident to experience cardiac or respiratory arrest, the
				home must immediately take one of the following actions:
(a) If the resident is enrolled in a licensed
				hospice and has a specific hospice plan of care, the home must contact the
				hospice for directions regarding the care to be provided. If the hospice staff
				is not available to provide direction, then home must immediately contact the
				duly-appointed health care agent for direction. If no health care agent has
				been appointed or is not available and if no Do Not Resuscitate (DNR) order has
				been written, then the home must initiate cardiopulmonary resuscitation
				immediately and must contact emergency medical services immediately to arrange
				for emergency transport.
(b) If the
				resident has a valid DNR order, the caregiver may effectuate the DNR order if
				done in good faith.
(c) If the
				resident has appointed a health care agent in a living will, durable power of
				attorney for health care or an advance directive for health care which complies
				with the requirements of O.C.G.A. §
										31-32-1
et seq.
then the home must immediately contact the health care agent for directions
				regarding the care to be provided. Where the health care agent is not
				immediately available and there is no valid DNR order for the resident, the
				home must initiate cardiopulmonary resuscitation immediately and contact
				emergency medical services to arrange for emergency transport.
(d) If the resident is not enrolled in
				hospice, and does not have either a DNR or an advance directive, then the staff
				of the home must immediately initiate cardiopulmonary resuscitation where it is
				not obvious from physical observation of the resident's body (e.g. body is
				stiff, cool to the touch, blue or grayish in color) that such efforts would be
				futile and there is not a physician, or authorized registered nurse or
				physician assistant on site to assess and provide other direction and contact
				emergency medical services immediately to arrange for emergency
				transport.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.27 - Death of a Resident

Current through Rules and Regulations filed through June 27, 2024
(1) Should a resident die while in the home,
				the administrator, on-site manager or responsible staff person must immediately
				notify the resident's physician, the next of kin, and the representative or
				legal surrogate, as applicable. Statutes applicable to the reporting of sudden
				or unexpected death and reports which must accompany the deceased must be
				followed.
(2) Upon death of the
				resident, the home must refund to the representative or legal surrogate, as
				applicable, any security deposit made to the home by or on behalf of the
				resident in compliance with O.C.G.A. §
									44-7-30
et
				seq.
O.C.G.A. Secs.
				  31-2-7,
				  31-7-2.1,
				  31-2-9,
				  31-7-2.1,
				  44-7-30.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.28 - Immediate Transfer of Residents

Current through Rules and Regulations filed through June 27, 2024
(1) The administrator or on-site manager of
				the home must initiate immediate transfer if the resident develops a physical
				or mental condition requiring continuous medical care or nursing care or if a
				resident's continuing behavior or condition directly and substantially
				threatens the health, safety and welfare of the resident or any other
				resident.
(2) In the event such
				immediate transfer is required, the administrator or on-site manager of the
				home must advise both the resident and the resident's representative or legal
				surrogate and case manager, if any, and immediate arrangements must be made
				based on the written admission agreement to transfer such resident to an
				appropriate facility. The administrator or on-site manager must document in the
				resident's file the reasons for the transfer.
(3) Where immediate transfer is to be made
				pursuant to paragraphs (1) and (2), the administrator or on-site manager must
				make arrangements for transfer in accordance with the admission agreement and
				shall transfer the resident to an appropriate facility where the resident's
				needs can be met. Prior to making such transfer, the administrator or on-site
				manager must:
(a) Inform the resident and
				representative or legal surrogate and case manager, if any, of the reason for
				the immediate transfer.
(b) Inquire
				as to any preference of the resident and representative or legal surrogate, if
				any, regarding the facility to which the resident is to be
				transferred.
(c) Inform the
				representative or legal surrogate, if any, of the resident's choice regarding
				such transfer.
(d) Inform the
				resident and the representative or legal surrogate, if any, of the place to
				which the resident is to be transferred.
(e) Provide a copy of the resident file to
				the receiving facility within 24 hours of transfer.
(f) Document in the resident's file the
				following:
1. The reason for the immediate
				transfer.
2. The manner in which
				the resident and the representative or legal surrogate, if any, were informed
				pursuant to this paragraph.
3. The
				name, address, and telephone number of the place to which the resident is to be
				transferred or discharged.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.29 - Discharge or Transfer of Residents

Current through Rules and Regulations filed through June 27, 2024
(1) The administrator or on-site manager must
				contact the representative or legal surrogate, if any, when there is need for
				discharge or transfer of a resident. The home must provide 30 days' written
				notice of its intent to discharge or transfer the resident unless an immediate
				transfer is required. The written notice must be issued to both the resident
				and the representative or legal surrogate, if any.
(2) In all cases, except those requiring
				immediate transfer pursuant to Rule
				111-8-62-.28, residents whose needs
				cannot be met by the home or who no longer choose to live in the home must be
				discharged or transferred to an appropriate facility based on discharge and
				transfer procedures entered into at the time of admission. Where the resident
				is incapable of making informed decisions and there is no representative or
				legal surrogate or the representative or legal surrogate is unwilling to act,
				the administrator or on-site manager must petition the probate court in the
				county where the home is located for an order authorizing the discharge or
				transfer. The transferring home must provide a copy of the resident's file to
				the receiving facility prior to or at the time of transfer.
(3) Where the Department has reason to
				believe that a resident is receiving or requires continuous medical or nursing
				care, the Department may require the home to discharge the resident. However,
				the provision of medical, nursing or health services required by the resident
				on a periodic basis or for a short-term illness, where such services are not
				provided by the home is permissible.
(4) Upon discharge or transfer of the
				resident, the home must refund to the resident or representative or legal
				surrogate, if any, any security deposit made to the home by or on behalf of the
				resident in compliance with O.C.G.A. §
									44-7-30
et
				seq.
O.C.G.A. Secs.
				  31-2-7,
				  31-2-9,
				  31-7-2.1,
				  44-7-30
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.30 - Reporting

Current through Rules and Regulations filed through June 27, 2024
(1) The staff of
				the personal care home must call the local police department to report the
				elopement of any resident from the home within 30 minutes of the staff
				receiving actual knowledge that such person is missing from the home in
				accordance with the Mattie's Call Act and the requirements set forth in
				O.C.G.A. §
									35-3-170
et seq.
The home must also report the initiation and discontinuation of a
				Mattie's call to the Department utilizing the complaint intake system within 30
				minutes of communications with local law enforcement authorities having
				occurred.
(2) The personal care
				home must report a serious incident using the complaint intake system and
				location designated by the Department within 24 hours following the occurrence
				of a serious incident or the home's learning that a serious incident involving
				a resident may have occurred. The serious incidents that must be reported to
				the Department include the following:
(a) Any
				accidental or unanticipated death of a resident not directly related to the
				natural course of the resident's underlying medical condition.
(b) Any serious injury to a resident that
				requires medical treatment.
(c) Any
				rape, assault, any battery on a resident, or any abuse, neglect, or
				exploitation of a resident in accordance with the Long Term Care Resident Abuse
				Reporting Act O.C.G.A. §
										31-8-80
et
				seq.
(d) An external
				disaster or other emergency situation that affects the continued safe operation
				of the residence.
(e) Any
				circumstances where a member of the governing body, administration, staff
				associated with or affiliated with the personal care home, or family member of
				staff becomes associated with an account at a financial institution, will,
				trust, benefit of substantial value or life insurance policy of a resident or
				former resident to verify that such gift is knowingly and voluntarily made and
				not the result of any coercion.
(f)
				When an owner, director or employee acquires a criminal record as defined in
				these rules.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.31 - Deemed Status

Current through Rules and Regulations filed through June 27, 2024
The Department may accept the certification or accreditation
				  of a home by an accreditation body or certifying authority recognized and
				  approved by the Department provided that certification or accreditation
				  constitutes compliance with standards that are substantially equivalent to
				  these rules. Nothing herein shall prohibit any departmental inspection to
				  determine compliance with licensure rules.
O.C.G.A. Secs.
				  31-7-1,
				  31-2-9,
				  31-7-2.1,
				  31-7-3,
				  31-7-12,
				  31-8-80
et seq.
,
				  35-3-170
et
				  seq.