reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.20 - Substantial Compliance Only Required

Current through Rules and
				Regulations filed through June 27, 2024
Exact compliance with this Chapter is desired. Unless a law,
				  Federal regulation, court order or other authority requires otherwise, however,
				  no proceeding under this Chapter will be voided because of a technical failure
				  of compliance which does not harm substantive rights of the
				  parties.
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et seq.
O.C.G.A. Secs.
				  31-2-4,
				  37-1-22,
				  37-1-23,
				  49-4-3,
				  50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.21 - Severability

Current through Rules and Regulations filed through June 27,
				2024
In the event that any Rule, sentence, clause or phrase of any
				  of these Rules 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.
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.22 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.23 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.24 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.25 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.26 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.27 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-1 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-1-.28 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, p. 1015
et seq.
and p. 1069
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-2 - HEARINGS AND PETITIONS FOR RULE-MAKING › Rule 290-1-2-.01 - Privacy and Seclusion of Records

Current through Rules and
				Regulations filed through June 27, 2024
(1) WHEREAS, demands have been made upon the
				staff and employees of the Board of Human Resources by various persons to be
				allowed to inspect the records of the Board, and
(2) WHEREAS, the indiscriminate allowing of
				such search is not conducive to keeping such files in an orderly and clean
				manner, and
(3) WHEREAS, many of
				the files of the Board, notably birth and death certificates, must be kept as
				permanent records and it is incumbent upon such employees who have them in
				charge to maintain them in a clean and orderly condition, and
(4) WHEREAS, other files of the Board,
				notably laboratory findings and diagnoses, by their very nature are
				confidential and personal to the person on whom reports are made and their
				physicians, therefore,
(a) BE IT RESOLVED,
				that the files of the Board of Human Resources of Georgia are not open to
				public inspection, and the Commissioner of the Department of Human Resources
				and employees are instructed not to permit public inspection of any record
				which would violate the confidential relation between physicians and
				patients;
(b) BE IT FURTHER
				RESOLVED, that the public search of records of birth and death is prohibited
				and only authorized employees of the Department of Human Resources will search
				the files of the State Bureau of Vital Statistics for any applicant for
				certified copies of birth and death certificates only upon payment of the
				statutory fee by the applicant for such certificates, as provided in Section
				88-1725 of the Georgia Health Code.
(c) BE IT FURTHER RESOLVED, that the
				foregoing paragraph shall apply to local registrars of vital statistics, who
				shall not permit any search of their records of birth and death certificates by
				any person except themselves or a person authorized in writing by the
				Commissioner of the Georgia Department of Human Resources.
Adopted by the State Board of Health on March 20, 1935 and
				  subscribed to and readopted by the Board of Human Resources on January 16,
				  1974.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-3 › Rule 290-1-3-.10

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 2009, p.
				  453; O.C.G.A. §§
				  49-2-2,
				  49-2-2.1.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-3 › Rule 290-1-3-.17

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 2009, p.
				  453; O.C.G.A. §§
				  49-2-2,
				  49-2-2.1.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-3 › Rule 290-1-3-.21

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 2009, p.
				  453; O.C.G.A. §§
				  49-2-2,
				  49-2-2.1.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-3 › Rule 290-1-3-.22

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 2009, p.
				  453; O.C.G.A. §§
				  49-2-2,
				  49-2-2.1.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-3 › Rule 290-1-3-.28

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 2009, p.
				  453; O.C.G.A. §§
				  49-2-2,
				  49-2-2.1.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-4 - DISCLOSURE OF INFORMATION ON MEDICAID PROVIDERS › Rule 290-1-4-.01 - Provisions for Disclosure

Current through Rules and Regulations
				filed through June 27, 2024
Names and addresses of providers of services to Medicaid
				  recipients shall be considered public information, subject to the conditions
				  set forth in these rules. Information giving the names of such providers
				  including total amounts of reimbursement may be released at the discretion of
				  the Commissioner upon request therefor setting forth a legitimate purpose for
				  such a disclosure. Such information shall not be released for purposes which in
				  the opinion of the Commissioner are political or commercial.
Ga. L. 1972, p. 1015
et seq
; Ga. L. 1972, p. 1069
et seq
and Ga.
				  L. 1965, pp. 385, 390.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-4 - DISCLOSURE OF INFORMATION ON MEDICAID PROVIDERS › Rule 290-1-4-.02 - Information Disclosed

Current through Rules and Regulations filed
				through June 27, 2024
Such lists of information shall not contain any identifiable
				  personal information about the recipient of the Medicaid services as such
				  information is strictly confidential. Names of the recipients of Public
				  Assistance and the amount of the respective grants may continue to be released
				  under the policy established in the County Manual for Public
				  Assistance.
Ga. L. 1972, p. 1015
et seq
; Ga. L. 1972, p. 1069
et seq
and Ga.
				  L. 1965, pp. 385, 390.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-4 - DISCLOSURE OF INFORMATION ON MEDICAID PROVIDERS › Rule 290-1-4-.03 - Requests for Information

Current through Rules and Regulations
				filed through June 27, 2024
Requests for information on providers must be in writing
				  unless such requirement is waived by the Commissioner. Such requests must
				  reflect the purposes for which the information is requested.
Ga. L. 1972, p. 1015
et seq
; Ga. L. 1972, p. 1069
et seq
and Ga.
				  L. 1965, pp. 385, 390.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-4 - DISCLOSURE OF INFORMATION ON MEDICAID PROVIDERS › Rule 290-1-4-.04 - Enforcement

Current through Rules and Regulations filed through June 27,
				2024
Enforcement of these rules will be pursuant to Georgia Code
				  Title 3A, Chapter 88-3 of the Georgia Health Code, as amended, Section 99-9903
				  of the Georgia Code Annotated.
Ga. L. 1972, p. 1015
et seq
; Ga. L. 1972, p. 1069
et seq
and Ga.
				  L. 1965, pp. 385, 390.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-5 - SCHEDULE OF FEES FOR FINGERPRINT RECORDS CHECKS › Rule 290-1-5-.01 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
The following terms as used in these Rules have the meaning
				  hereinafter respectively ascribed to them:
(a) "Center" means a day-care center, group
				day-care home, family day-care home, or child-caring institution which is
				required to be licensed or registered under Article 1 of Chapter 5 of Title 49
				of the Official Code of Georgia Annotated;
(b) "Center Director" means the chief
				administrative or executive officer of a center's real property at which
				children are received for care;
(c)
				"Center Employee" means any person, other than a director, employed by a center
				to perform at any of the center's facilities any duties which involve personal
				contact between that person and any child being at the facility and also
				includes any adult person who resides at the facility or who, with or without
				compensation, performs duties for the center which involve personal contact
				between that person and any child being cared for by the center;
(d) "Personal Care Home" means a home which
				is required to be licensed, permitted or registered under Article 1 of Chapter
				7 of Title 31 of the Official Code of Georgia Annotated;
(e) "Personal Care Home Director" means the
				chief administrative or executive officer or manager of a facility;
(f) "Personal Care Home Employee" means any
				person, other than a director, employed by a personal care home to perform at
				any facilities of the personal care home any duties which involve personal
				contact between that person and any paying resident of the personal care
				home;
(g) "Records Search Fee"
				means the fee necessary to cover the costs of a fingerprint records
				check.
O.C.G.A. Secs.
				  31-7-250,
				  49-5-60.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-5 - SCHEDULE OF FEES FOR FINGERPRINT RECORDS CHECKS › Rule 290-1-5-.02 - Applicability

Current through Rules and Regulations filed through June 27,
				2024
The records search fee shall be required of all center
				  directors, personal care directors, center employees and personal care home
				  employees who are required to submit to a fingerprint records check under
				  Article 11 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated
				  or under Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia
				  Annotated.
O.C.G.A. Secs.
				  31-7-252, 49-5-62.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-5 - SCHEDULE OF FEES FOR FINGERPRINT RECORDS CHECKS › Rule 290-1-5-.03 - Records Search Fee

Current through Rules and Regulations filed
				through June 27, 2024
The records search fee collected by the Department shall
				  equal the cost by the Georgia Bureau of Investigation to process a fingerprint
				  records check.
O.C.G.A. Secs.
				  31-7-250(14),
				  49-5-60(16).
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-5 - SCHEDULE OF FEES FOR FINGERPRINT RECORDS CHECKS › Rule 290-1-5-.04 - Provisions

Current through Rules and Regulations filed through June 27,
				2024
(1) The records
				search fee shall be payable in the form of a cashier's check, certified check,
				or money order made payable to the Georgia Bureau of Investigation.
(2) The records search fee shall accompany
				the records check application.
O.C.G.A. Secs.
				  31-7-250(14),
				  49-5-60(16).
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS › Rule 290-1-6-.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.) Sections
				  31-2-6;
				  31-7-1,
				  31-13-1,
				  31-22-1,
				  31-23-1,
				  49-5-12
et
				  seq.
O.C.G.A. Sec.
				  31-2-6.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS › Rule 290-1-6-.02 - Title and Purposes

Current through Rules and Regulations filed
				through June 27, 2024
These rules shall be known as the Rules and Regulations for
				  Enforcement of Licensing Requirements. The purposes of these rules are to
				  provide for actions by the department with respect to violations of licensing
				  requirements by certain facilities subject to regulation by the department; to
				  provide for inspections, investigations and examinations of such facilities;
				  and to provide that certain facilities give notice of violations giving rise to
				  the receipt of notice of the imposition of any sanction under federal or state
				  laws or regulations.
O.C.G.A. Secs.
				  31-2-6,
				  31-7-2.1,
				  31-7-3.2,
				  49-5-8.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS › Rule 290-1-6-.03 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
In these rules, unless the context otherwise requires, the
				  terms set forth herein shall mean the following:
(a) "Administrative action" means the
				initiation of a contested case as defined in the Georgia Administrative
				Procedures Act (APA), O.C.G.A. Sec.
				50-13-2(2).
(b) "Alter ego" means a person who acts
				pursuant to the control or influence of another while purporting to act
				independently.
(c) "Commissioner"
				means the Commissioner of the Department of Human Resources.
(d) "Department" means the Department of
				Human Resources, its agents and employees.
(e) "Document" means any book, record, paper,
				or other information related to initial and continued licensing.
(f) "Facility" means any agency, institution,
				entity or person subject to regulation by the department under Chapters 7, 13,
				22, and 23 of Title 31, and under Chapter 5 of Title 49 of the Official Code of
				Georgia Annotated.
(g) "Final
				Adverse Finding" means
1) the issuance of a
				ruling by the Commissioner on any appeal from a decision of a hearing officer
				or hearing examiner pursuant to a contested case involving the imposition of a
				sanction;
2) when a decision of
				the hearing officers or hearing examiner becomes final by operation of law
				because no appeal is made to the Commissioner;
3) where the parties to a contested case
				dispose of the case by settlement; or
4) where a facility does not contest within
				the allotted time period a sanction imposed by the department.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS › Rule 290-1-6-.04 - Enforcement

Current through Rules and Regulations filed through June 27,
				2024
The department shall have the authority to impose any one or
				  more of the sanctions enumerated in paragraphs (1) and (2) of Rule .05,
				  Sanctions, upon a finding that an applicant or licensee has:
(a) Knowingly made any verbal or written
				false statement of material fact:
1) in
				connection with the application for a license;
2) on documents submitted to the department
				as part of any inspection or investigation; or
3) in the falsification or alteration of
				facility records made or maintained by the facility;
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS › Rule 290-1-6-.05 - Sanctions

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 Rule
				.04, Enforcement, the department,
				subject to notice and opportunity for a hearing, may impose any one or more of
				the sanctions in subparagraphs (a) through (f) below.
(a) Administer a public reprimand.
1. 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 facility has been
				reprimanded; such notice shall include a written report of the department's
				findings along with the facility's response and corrective action plan.
(i) Location of Notice. The facility shall
				post the notice in places readily accessible and continuously visible to
				persons in care and their representatives.
(ii) Timing of Notice. The facility shall
				post the notice on the day the notice is received by the facility and such
				notice shall remain posted for a period of ninety days.
(iii) During any period that the reprimand is
				required to be posted, the facility shall advise persons seeking services and
				representatives of persons seeking services of the reprimand. In response to a
				notice by the department of the imposition of a public reprimand, a facility
				may request that the department not require the facility to advise persons
				seeking services and representatives of persons seeking services of the
				reprimand if such requirement would compromise its ability to provide services,
				and is not feasible given the facility's range of services and the ways its
				services are provided. Such request must be made within ten calendar days from
				receipt of the notice from the department.
The department upon such a convincing showing, as well as a
				  showing that the correction of the violation has been achieved and will be
				  sustained by the facility, may elect not to enforce this requirement. If the
				  department elects to enforce the requirement and the facility appeals the
				  imposition of the sanction, the issue of this requirement may become an issue
				  for consideration by the hearing examiner at any hearing held on the sanction,
				  unless waived by the facility.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS › Rule 290-1-6-.06 - Investigations and Inspections

Current through Rules and Regulations
				filed through June 27, 2024
(1) The department shall have the authority
				to make public or private investigations inside or outside this state. Such
				investigations may be initiated at any time, in the discretion of the
				department, and may continue during the pendency of any action initiated by the
				department pursuant to Rule .05 of this Chapter.
(2) Consent to Entry and Access. An
				application for a license or the issuance of the same by the department
				constitutes consent by the applicant or licensee and the owner of the premises
				for the department's representatives, after displaying identification to any
				facility staff, to enter the facility for the purpose of conducting an
				investigation or an inspection.
(a)
				Department representatives shall be allowed reasonable and meaningful access to
				the facility's premises, and information pertinent to licensure including staff
				and persons in care. The department shall have the authority to require the
				production of any documents related to the initial and continued licensing of
				any facility.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS › Rule 290-1-6-.07 - Immunity

Current through Rules and Regulations filed through June 27,
				2024
For any action taken or any proceeding held under this
				  Chapter or under color of law, except for gross negligence or willful or wanton
				  misconduct, the department, when acting in its official capacity, shall be
				  immune from liability and suit to the same extent that any judge of any court
				  of general jurisdiction in this state would be immune.
O.C.G.A. Sec.
				  31-2-6.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS › Rule 290-1-6-.08 - Exemptions

Current through Rules and Regulations filed through June 27,
				2024
In an administrative or legal proceeding under this Chapter,
				  a person claiming an exemption or an exception granted by law, rule,
				  regulation, or formal order has the burden of proving this exemption or
				  exception.
O.C.G.A. Sec.
				  31-2-6.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS › Rule 290-1-6-.09 - Applicability of Administrative Procedures Act

Current through Rules
				and Regulations filed through June 27, 2024
This Chapter and all sanction actions resulting from its
				  provisions shall be administered in accordance with Chapter 13 of Title 50 of
				  the Official Code of Georgia Annotated, the "Georgia Administrative Procedure
				  Act." Any request for hearing in response to any sanction action undertaken
				  pursuant to this Chapter shall be in writing and shall be submitted to the
				  department no later than ten (10) calendar days from the date of receipt of any
				  notice of intent by the department to impose a sanction setting forth the
				  proposed sanction or sanctions and the basis therefore.
O.C.G.A. Secs.
				  31-2-6,
				  50-13-18.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS › Rule 290-1-6-.10 - Notice of Violations

Current through Rules and Regulations filed
				through June 27, 2024
Where a nursing home or intermediate care home is required by
				  the provisions of O.C.G.A. Section
				  31-7-3.2 to give notice of
				  violations giving rise to the imposition of any sanction, the notice shall
				  contain the information required by that code section and shall conform to the
				  following requirements.
(a) Size and
				Format of Notice. The facility may post the Report of Licensure Inspection and
				Medicare/Medicaid Statement of Deficiencies, along with the notices by the
				department, the Department of Medical Assistance, and/or the Health Care
				Financing Administration of intent to impose any sanction. These may be posted
				in their original forms as the notice required by O.C.G.A. Section
				31-7-3.2(a) and
				(b). If the facility chooses to post the
				notice of the agency taking the action and the Report of Licensure Inspection
				and Statement of Deficiencies, there shall be a conspicuous heading clearly
				visible from at least twenty feet away, calling the attention of the observer
				to them. As an alternative, the facility may post its own notice which
				accurately and thoroughly reflects the violations found which give rise to the
				sanctions imposed or proposed and which describes each sanction or notice of
				sanction issued by any of the above-described agencies. Any such notice shall
				be at least 11 1/2 inches by 17 1/2 inches in size. Words and letters shall be
				in bold print and shall be at least one centimeter in size.
(b) Location of Notice. The facility shall
				post the notice in a place readily accessible and continuously visible to
				persons in care and their representatives.
(c) Timing of Notice. The facility shall post
				the notices within fourteen days after it receives notification of the
				imposition of a sanction for a violation which requires the notice. The notices
				shall remain in place until the department has determined that cited violations
				no longer exist, at which time the notice may be removed.
(d) Mailing of Notices. Where any person has
				made a written request for a copy of the notice or notices, the facility shall
				mail the same to the requester within five (5) business days of receipt of the
				request when such request is accompanied by a postage paid self addressed
				envelope.
O.C.G.A. Secs.
				  31-2-6,
				  31-7-2.1,
				  31-7-3.2.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS › Rule 290-1-6-.11 - Applicability of Other Laws

Current through Rules and Regulations
				filed through June 27, 2024
The provisions of this Chapter shall be supplemental to and
				  shall not operate to prohibit the department from acting pursuant to those
				  provisions of law which may now or hereafter authorize remedial or disciplinary
				  grounds and action for the department. In cases where those other provisions of
				  law so authorize other disciplinary grounds and actions, but this Chapter
				  limits such grounds or actions, those other provisions shall
				  apply.
O.C.G.A. Sec.
				  31-2-6.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS › Rule 290-1-6-.12 - Inspection Warrants

Current through Rules and Regulations filed
				through June 27, 2024
In addition to the enforcement actions authorized by this
				  Chapter with respect to refusal to provide the department with access to a
				  facility, the department may make application to a court of competent
				  jurisdiction for an inspection warrant if its representatives are denied
				  meaningful access to the premises, staff, persons in care, and documents or
				  other information of a licensed facility or of a facility which the department
				  believes is required to have a license but which does not have one. Upon the
				  grant of such a warrant, the department may gain entry and meaningful access to
				  such facility, its staff, persons in care therein, facility documents, and
				  other information deemed pertinent by the department to making a compliance
				  determination, unless the warrant specifically limits the entry or access
				  allowed to department representatives. This rule shall not be construed to
				  require the department to seek entry and be denied the same before it may apply
				  for an inspection warrant.
O.C.G.A. Secs.
				  31-2-6,
				  31-5-20
et
				  seq.
.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS › Rule 290-1-6-.13 - Injunctive Relief

Current through Rules and Regulations filed
				through June 27, 2024
The department may, without regard to the availability of
				  other remedies, including the remedies set forth in this Chapter, seek an
				  injunction against the continued operation of a facility without a license. The
				  department likewise may seek injunctive relief against the continued operation
				  of a facility in violation of licensing requirements.
O.C.G.A. Secs.
				  31-2-6,
				  31-5-9,
				  49-5-12.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-6 - ENFORCEMENT OF LICENSING REQUIREMENTS › Rule 290-1-6-.14 - Severability

Current through Rules and Regulations filed through June 27,
				2024
In the event that any 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 adjudicated invalid or unconstitutional were not
				  originally part of these rules.
O.C.G.A. Sec.
				  31-2-6.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-7 › Rule 290-1-7-.01

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1999, p.
				  161; Ga. L. 2009, p. 453; O.C.G.A. §§
				  49-2-2,
				  49-2-2.1.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-7 › Rule 290-1-7-.02

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1999, p.
				  161; Ga. L. 2009, p. 453; O.C.G.A. §§
				  49-2-2,
				  49-2-2.1.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-7 › Rule 290-1-7-.03

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1999, p.
				  161; Ga. L. 2009, p. 453; O.C.G.A. §§
				  49-2-2,
				  49-2-2.1.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-7 › Rule 290-1-7-.04

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1999, p.
				  161; Ga. L. 2009, p. 453; O.C.G.A. §§
				  49-2-2,
				  49-2-2.1.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-7 › Rule 290-1-7-.05

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1999, p.
				  161; Ga. L. 2009, p. 453; O.C.G.A. §§
				  49-2-2,
				  49-2-2.1.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-7 › Rule 290-1-7-.06

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1999, p.
				  161; Ga. L. 2009, p. 453; O.C.G.A. §§
				  49-2-2,
				  49-2-2.1.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-7 › Rule 290-1-7-.07

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1999,
				  p. 161; Ga. L. 2009, p. 453; O.C.G.A. §§
				  49-2-2,
				  49-2-2.1.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-8 - RULES AND REGULATIONS AUTHORIZING CONSUMER REPORTS FOR FOSTER CARE YOUTH › Rule 290-1-8-.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.) §
				  49-5-42 and §
				  49-5-43.
O.C.G.A. §§
				  49-5-42 and
				  49-5-43.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-8 - RULES AND REGULATIONS AUTHORIZING CONSUMER REPORTS FOR FOSTER CARE YOUTH › Rule 290-1-8-.02 - Consumer Reports (Credit Reports) To Be Obtained for Youth in Foster Care

Current through Rules and Regulations filed
				through June 27, 2024
(1) In order to comply with Section 475(5)(I)
				of Title IV-E of the Social Security Act,
				42 U.S.C.A. Section
				675(5)(I), as amended, and
				to meet the requirements for the receipt of federal funds under Title IV-E of
				the Social Security Act, the Department is authorized to obtain for each child
				in foster care under the responsibility of the state, who has attained fourteen
				(14) years of age, a copy of any consumer report (as defined in Section 603(d)
				of the Fair Credit Reporting Act, 15 USCS Section 1681a(d)), pertaining to the
				child each year until the child is discharged from the custody of the
				Department. The Department shall obtain such consumer reports as are required
				by the federal Department of Health and Human Services to receive federal funds
				under title IV-E of the Social Security Act. Each consumer report is to be
				provided without cost to the child.
(2) Pursuant to its policies and procedures,
				the Department shall further ensure that each child in foster care under the
				responsibility of the state and who has attained fourteen (14) years of age
				receives assistance (including, but not limited to, any court-appointed
				advocate for the child) in interpreting and resolving any inaccuracies in the
				report.
O.C.G.A. Secs.
				  49-5-42 and
				  49-5-43.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-8 - RULES AND REGULATIONS AUTHORIZING CONSUMER REPORTS FOR FOSTER CARE YOUTH › Rule 290-1-8-.03 - Authorization to Provide Information to Obtain Consumer Reports

Current through Rules and Regulations filed through June 27,
				2024
(1) In order to
				prevent conflict with federal law and to prevent the loss of federal funds
				provided to the Department pursuant to Title IV-E of the Social Security Act,
				the Department is authorized to disclose such information from its child abuse
				and neglect records as is necessary to do the following:
a. Obtain consumer reports for the purpose of
				complying with Section
				290-1-8-.02 of this Chapter; and
b. Ensure that the child receives
				assistance in interpreting and resolving any inaccuracies in the
				report
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-9 - SAFE PLACE FOR NEWBORNS ACT SIGNAGE › Rule 290-1-9-.01 - Standards for Size and Types of Signs

Current through Rules and Regulations filed
				through June 27, 2024
(1) A medical facility, fire station, or
				police station that accepts newborn children pursuant to the Safe Place for
				Newborns Act shall inform the public that such facility is an authorized
				location to leave a newborn child by posting a sign within or outside of such
				facility.
(2) The size of such sign
				must be at least 11 x 17 inches. The sign must have a white background
				displaying the Safe Place for Newborns logo approved by the Department of Human
				Services and the following message in black letters:
SAFE HAVEN SITE
THIS IS A SAFE PLACE FOR NEWBORNS
				  LOCATION
If you are in crisis and feel you need to leave your
				  newborn in the care and custody of the state, please find a staff member to
				  assist you. The Georgia Safe Place for Newborns Act allows a child's mother to
				  leave her baby, up to 30 days old, with an employee of this facility.
You may remain anonymous.
(3) A sign posted outside of a facility must
				be weather-resistant and placed in a visible location near the entrance of the
				facility, such as near a door, window, or walkway to the entrance. A sign
				posted inside a facility must be placed in an area used by the public, such as
				a waiting room or restroom.
(4)
				Standard templates of signs and the Safe Place for Newborns logo for use by
				facilities are available from the Department of Human Services' website at
http://dhs.georgia.gov
.
(5) Safe Place for Newborns signs that comply
				with previous versions of this rule may continue to be used by
				facilities.
O.C.G.A. §
				  19-10A-8.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-10 - RULES FOR POWER OF ATTORNEY FOR THE CARE OF A CHILD › Rule 290-1-10-.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.) Sections
				  19-9-120
et seq.
('Supporting and Strengthening Families Act'), relating to the power of
				  attorney for the care of a child.
O.C.G.A. §§
				  19-9-120
et
				  seq
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-10 - RULES FOR POWER OF ATTORNEY FOR THE CARE OF A CHILD › Rule 290-1-10-.02 - Title and Purpose

Current through Rules and Regulations filed
				through June 27, 2024
These rules shall be known as the Rules for Power of Attorney
				  for the Care of a Child. The purpose of these rules is to promote compliance
				  with O.C.G.A. Sec.
				  19-9-123 by establishing annual
				  reporting guidelines for nonprofit entities or faith-based organizations
				  providing services under the 'Supporting and Strengthening Families Act.' These
				  rules also provide guidelines for the referral of individuals seeking to
				  execute a power of attorney to such nonprofit entities or faith-based
				  organizations in accordance with the provisions of the 'Act.' Additionally,
				  these rules promote compliance with O.C.G.A. Secs.
				  19-9-120
et seq.
,
				  by providing general guidelines and highlighting specific provisions pertaining
				  to rule applicability, maintenance of records and child abuse and neglect for
				  child-placing agencies, nonprofit entities and faith-based organizations
				  providing services under the 'Act.'
O.C.G.A. §§
				  19-9-120
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-10 - RULES FOR POWER OF ATTORNEY FOR THE CARE OF A CHILD › Rule 290-1-10-.03 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
Unless the context otherwise requires, the words and phrases
				  set forth herein shall mean the following:
(a) "Agent" means an individual delegated
				caregiving authority regarding a child by the child's parent. For the purpose
				of these rules, an agent shall be an individual who is a nonrelative of a child
				and approved by a child-placing agency, a nonprofit organization or faith-based
				organization to provide caregiving services to a child pursuant to Chapter 9 of
				Title 19.
(b) "Child" means an
				unemancipated person who is under 18 years of age.
(c) "Child-Placing Agency" means an agency
				licensed as such pursuant to Chapter 5 of Title 49. A child-placing agency
				includes any institution, society, agency, or facility, whether incorporated or
				not, that places children in foster homes for temporary care or in prospective
				adoptive homes for adoption. For purposes of this definition, agencies that
				engage in placement activities are required to be licensed as child-placing
				agencies. This term does not apply to a licensed professional providing only
				home study preparation services as an evaluator.
(d) "Department" means the Georgia Department
				of Human Services.
(e) "Foster
				care" means supervised care for a child in a home other than the child's own
				home on a 24-hour full-time basis for a temporary period of time.
(f) "Nonprofit entity or faith-based
				organization" means a business that provides child or family services and that
				is in good standing with the Internal Revenue Service, if applicable.
(g) "Parent' shall have the same meaning as
				provided in Code Section
				19-3-37.
(h) The singular includes the plural, the
				plural the singular, and the masculine the feminine, when consistent with the
				intent of these Rules.
O.C.G.A. §§
				  19-9-120
et seq.,
49-5-12.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-10 - RULES FOR POWER OF ATTORNEY FOR THE CARE OF A CHILD › Rule 290-1-10-.04 - Applicability of Rules

Current through Rules and Regulations filed
				through June 27, 2024
(a) A parent of a child may delegate
				caregiving authority of such child to an adult residing in this state who is
				the grandparent, great-grandparent, stepparent, former stepparent,
				step-grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of a
				child or to a non-relative of the child who is approved as an agent by a
				child-placing agency, a non-profit entity or a faith-based organization for a
				period not to exceed one year, except as provided in O.C.G.A. Sec.
				19-9-132, by executing a power of
				attorney in accordance with the provisions of O.C.G.A. Secs.
				19-9-120
et
				seq.
(b) The Department
				shall not license or regulate a power of attorney for the care of a child
				delegation executed in accordance with the provisions of O.C.G.A. Secs.
				19-9-120
et
				seq.
(c) The parties
				subject to a power of attorney executed under O.C.G.A. Secs.
				19-9-120
et seq.
,
				shall not be subject to any of the licensing requirements or regulations for
				foster care or other requirements or regulations relating to community care for
				children. A child subject to a power of attorney executed under O.C.G.A. Secs.
				19-9-120
et seq.
,
				relating to the power of attorney for care of a child, shall not be considered
				placed in foster care under Chapter 5 of Title 49. The caregiving authority
				delegated under O.C.G.A. Secs.
				19-9-120
et seq.
,
				relating to the power of attorney for care of a child, shall not constitute an
				out-of-home child placement.
(d)
				Although the parties subject to a power of attorney are not required to meet
				rules and regulations applicable to child welfare agencies licensed pursuant to
				Chapter 5 of Title 49, the parties shall make available to the Department's
				licensing authority any documentation required to confirm that services being
				provided are not subject to licensure pursuant to Chapter 5 of Title
				49.
(e) The execution of a power of
				attorney under O.C.G.A. Secs.
				19-9-120
et seq.
,
				relating to the power of attorney for care of a child, shall not delegate
				caregiving authority for more than one child unless such power of attorney
				delegates caregiving authority for children who are siblings or
				stepsiblings.
(f) If an agent
				ceases its role as a caregiving authority as delegated by the child's parent
				under O.C.G.A. Secs.
				19-9-120
et seq.
,
				and wishes to become an alternative placement resource for the child, the agent
				must first be approved as a placement resource by a child-placing agency or the
				Department.
O.C.G.A. §§
				  19-9-120
et seq.,
49-5-12.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-1 - ADMINISTRATION › Subject 290-1-10 - RULES FOR POWER OF ATTORNEY FOR THE CARE OF A CHILD › Rule 290-1-10-.05 - Required Annual Reports to the Department

Current through Rules
				and Regulations filed through June 27, 2024
(a) Each nonprofit entity or faith-based
				organization that is not licenses by the Department but is providing services
				under O.C.G.A. Secs.
				19-9-120
et seq.
,
				shall submit an annual report to the Department.
(1) Annual reports shall be submitted by
				January 15th of each year and shall contain all powers of attorney executed
				during the prior calendar year.
(2)
				All reports shall be submitted on forms provided by the Department and include
				the following:
A. Its legal name, address,
				telephone number, e-mail address, and any other contact information;
B. The name of its director;
C. A list (names, addresses and offices held,
				if applicable) of its governing body;
D. The total number of approved volunteer
				families with which it works; and
E. The total number of children served in the
				previous calendar year.