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 111-8-50 - LONG-TERM CARE FACILITIES: RESIDENTS' BILL OF RIGHTS › Rule 111-8-50-.15 - Administrative Hearing

Current through Rules and Regulations filed through June 27, 2024
Any resident, guardian or representative or administrator who
				  is dissatisfied with the decision of the impartial referee or any resident,
				  guardian or representative who is unable to agree upon an impartial referee, or
				  who be believes that any of his rights under these rules and regulations have
				  been violated, shall have the right to request a hearing from the Department
				  pursuant to the Georgia Administrative Procedure Act O.C.G.A. §
									50-13-1
et seq.
in
				  conjunction with the statute, Long-term Care Facilities: Residents' Bill of
				  Rights O.C.G.A. §
									31-8-125.
(a) The Department is authorized to hold such
				hearings and in the cases of an appeal from the decision of a referee, the
				Department may hold such hearings by review of the record of the hearing
				provided by the referee.
(b) A
				person desiring a hearing under this section may request such a hearing in
				writing to the Department. The request shall include the person's name, the
				name of the facility and the reason the hearing is requested. The request shall
				be mailed or delivered to the Department of Community Health.
(c) The hearing shall be conducted within 45
				calendar days of the receipt by the Department of the request for the hearing.
				The Department shall send written notice to the administrator and complainant
				confirming the date, time and location (which shall be the facility unless the
				resident's medical condition requires a different location) of the hearing.
				Except where the ombudsman has been unable to resolve the matter at issue, the
				Department shall refer the complaint to the state or community ombudsman for
				informal resolution pending the hearing.
(d) Except in the event of an emergency
				situation in which the resident or other residents are subject to imminent and
				substantial danger that only immediate transfer will reduce, o except in case
				of nonpayment under subsection .11(2)(c), of these rules and regulations, no
				transfer shall take place until all appeal rights are exhausted. However, if a
				resident is transferred before exhaustion of all appeal rights, such resident
				in no way relinquishes any appeal rights under these rules and
				regulations.
(e) Where two or more
				residents in a facility allege a common complaint, the Department may, at the
				resident's request, schedule a common hearing.
(f) The decision of the hearing officer shall
				be made within 30 calendar days from the date of the hearing and shall be based
				upon whether or not a violation has been found. The decision shall be divided
				as follows:
1. The issues to be
				decided;
2. A summary of any
				actions already taken;
3. The
				contentions of the parties;
4. The
				findings of the hearing officer including whether a violation has
				occurred;
5. If a violation has
				occurred, the corrective action to be taken, and the date by which such
				corrective action shall be taken; and
6. The right to appeal the decision to the
				Superior Court of the county in which the facility is located or as provided
				otherwise by law.