reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-4 - LICENSE RENEWAL, CONTINUING EDUCATION, INACTIVE STATUS AND REINSTATEMENT OF LICENSE › Rule 345-4-.01 - License Renewal

Current through Rules and Regulations filed through June 27, 2024
(1) Licenses issued
			 by the Board shall expire on October 31st of every even numbered
			 year.
(2) Each person holding a
			 valid license to practice massage therapy who does not renew said license by
			 October 31st of every even numbered year shall be afforded a late renewal for a
			 period of thirty (30) days. Late renewals shall be processed after filing the
			 renewal form, payment of the renewal fee and late renewal penalty fee, and,
			 providing proof of the required twenty-four (24) hours of continuing education.
			 Individuals
must not practice
as a massage therapist during this
			 late renewal period until the board grants the renewal. Practice without a
			 current, active license in Georgia is prohibited.
(3) Any service member as defined in O.C.G.A.
			 §
								43-1-31 whose license to practice
			 Massage Therapy expired while serving on active duty outside the state shall be
			 permitted to practice massage therapy, shall not be charged with a violation
			 relating to such practice on an expired license for a period of six (6) months
			 from the date of his or her discharge from active duty or reassignment to a
			 location within the state. Any such service member shall be entitled to renew
			 such expired license without penalty within six (6) months after the date of
			 his/her discharge from active duty or reassignment to a location within the
			 state. The service member must present to the board a copy of the official
			 military orders or a written verification signed by the service member's
			 commanding officer to waive any charges.
(4) Following the late renewal time period,
			 all non-renewed licenses will be revoked by operation of law for non-renewal,
			 and will require reinstatement at the discretion of the Board.
Authority O.C.G.A. Secs.
				  43-1-10,  43-1-19,  43-1-24,  43-1-25,  43-1-31,  43-24A-3,  43-24A-7,  43-24A-8,  43-24A-10,  43-24A-14,  43-24A-20,  50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-4 - LICENSE RENEWAL, CONTINUING EDUCATION, INACTIVE STATUS AND REINSTATEMENT OF LICENSE › Rule 345-4-.02 - Continuing Education Hours

Current through Rules and Regulations filed through June 27, 2024
(1) As a
			 condition for renewing his or her license for each biennium, every massage
			 therapist licensed pursuant to this chapter shall be required to complete a
			 minimum of twenty-four (24) continuing education (CE) hours related to the
			 practice of massage therapy through an approved provider; except as otherwise
			 provided for in this chapter.
(a) Twelve (12)
			 of the total twenty-four (24) CE Hours must include direct hands-on supervised
			 instruction; and
(b) The remaining
			 twelve (12) CE Hours may include direct hands-on supervised instruction or
			 other massage therapy related CE hours.
(c) CE Hours for renewal must be obtained
			 during the two year renewal cycle beginning November 1st through October 31st
			 of the two year licensure period.
(d) For the purposes of this rule the course
			 must include seventy percent (70 %) of hands-on experience/demonstration in
			 order to qualify as direct hands-on supervised instruction.
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-4 - LICENSE RENEWAL, CONTINUING EDUCATION, INACTIVE STATUS AND REINSTATEMENT OF LICENSE › Rule 345-4-.03 - Continuing Education Providers

Current through Rules and Regulations filed through June 27, 2024
(1) The Georgia
					Board of Massage Therapy does not pre-approve continuing education courses or
					programs at this time. The Board will accept continuing education hours from
					any entity who is recognized/approved as a "Continuing Education Provider" by
					the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB)
					provided that the hours are related to the scope of practice of massage therapy
					as defined in O.C.G.A. §
								43-24A. Continuing Education Providers recognized
					by the NCBTMB may be located by contacting the NCBTMB directly or by searching
					their website,
www.ncbtmb.org
.
(2) In order for the Board to accept
					documentation of continuing education from a NCBTMB Approved Continuing
					Education Provider, the following requirements must be met:
(a) The provider must have had a current,
					unencumbered, NCBTMB approved provider number at the time the continuing
					education course was administered;
(b) The name/title of the course listed on
					the certificate of completion must be present on the list of courses that
					NCBTMB has authorized that CE Provider to teach under the associated approved
					provider number;
(c) On the date of
					completion for each course, the provider must provide a certificate of
					completion to each student/attendee who successfully completed all of the
					course requirements; and,
(d) The
					provider must record course credit information of CE Broker within seven (7)
					days of completion of the course for all class attendees which hold a license
					and have provided consent to release such information to CE Broker.
(e) The provider must have entered
					information relevant to the program or course to include but not limited to a
					description, program objective/learning outcomes, content description, and
					agenda or schedule into CE Broker.
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-4 - LICENSE RENEWAL, CONTINUING EDUCATION, INACTIVE STATUS AND REINSTATEMENT OF LICENSE › Rule 345-4-.04 - Inactive Status

Current through Rules and Regulations filed through June 27, 2024
(1) Licensees may
					request by application only to the Board that their active license to practice
					as a massage therapist in Georgia be placed on inactive status prior to the
					license expiration date. Applications for Inactive Status request will not be
					considered if postmarked on or after November 1st of every even numbered year.
					There is no fee to apply for inactive status.
(2) An individual whose license status is
					inactive shall not practice as a massage therapist within the state of
					Georgia.
(3) An individual whose
					license is under any investigation, is the subject of active disciplinary
					proceedings or has a sanction in effect may not transfer the license to an
					inactive status.
(4) Licensees
					shall request in writing to the Board for the reactivation of their massage
					therapy license. Reactivation of an inactive status license is within the
					discretion of the Board. The following requirements must be met:
(a) If a licensee has been on inactive status
					for two (2) years or less, the applicant must meet the requirements for renewal
					of licensure pursuant to Rule
					  345-4-.01, excluding late renewal
					penalty fee, and all required CE hours must be obtained within one year prior
					to the date of receipt of the Reactivation Application.
(b) If a licensee has been on inactive status
					for a period greater than two (2) years, the applicant must meet the
					requirements for reinstatement pursuant to Rule
					  345-4-.05.
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-4 - LICENSE RENEWAL, CONTINUING EDUCATION, INACTIVE STATUS AND REINSTATEMENT OF LICENSE › Rule 345-4-.05 - Reinstatement of a License

Current through Rules and Regulations filed through June 27, 2024
(1) Reinstatement
					of a revoked or lapsed license is within the discretion of the Board.
(2) An applicant for reinstatement of a
					revoked or lapsed license must submit a completed application provided by the
					board, payment of the required fee and evidence satisfactory to the Board that
					the applicant:
(a) is a citizen of the United
					States or a permanent resident of the United States; and,
(b) has a satisfactory result from a
					fingerprint record check report conducted by the Georgia Crime Information
					Center and the Federal Bureau of Investigation, as determined by the Board. The
					applicant shall be responsible for all fees associated with the performance of
					such background check (see the Fingerprint COGENT-GAPS Instructions on the
					Board website under the Application Downloads link).
(c) if the license has been revoked or lapsed
					for:
(i) two (2) years or less, the applicant
					must submit evidence of completion of twenty-four (24) hours of Board approved
					continuing education, in accordance with Board Rule
					  345-4-.02, obtained within one (1)
					year of the date of the reinstatement application;
or,
(ii)
					more than two (2) years, the applicant must submit evidence of completion of
					twenty-four (24) hours of Board approved continuing education, in accordance
					with Board Rule
					  345-4-.02, which was obtained within
					one (1) year of the date of the reinstatement application, AND, verification of
					having passed the MBLEx, within six (6) months of the date of the reinstatement
					application.
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-5 - LICENSURE BY ENDORSEMENT › Rule 345-5-.01 - Licensure by Endorsement

Current through Rules and Regulations filed through June 27, 2024
Any applicant holding a current license, in good standing, as a
				massage therapist issued by another jurisdiction, state, or territory of the US
				or foreign country whose licensure requirements are substantially equal to or
				exceeds the Georgia licensure requirements, shall apply for licensure by
				endorsement by submitting an application on a form provided by the Board,
				accompanied by the appropriate fee (see fee schedule) and provide the
				following:
(a) all supporting
			 documents must be provided to the Board in the English language.
Documents must be translated by a reputable source subject to
				the discretion of the Board; and,
(b) verification that an applicant is at
			 least 18 years of age; and,
(c) has
			 a high school diploma, GED, or recognized equivalent; and,
(d) is a citizen of the United States or a
			 permanent resident of the United States, and,
(e) has a satisfactory result from a
			 fingerprint record check report conducted by the Georgia Crime Information
			 Center and the Federal Bureau of Investigation, as determined by the Board. The
			 applicant shall be responsible for all fees associated with the performance of
			 such background check (see instructions on how to register and complete the
			 fingerprint check posted at
www.sos.ga.gov/plb/massage
,
			 Application Downloads link); and,
(f) official verification of current
			 licensure as a massage therapist, in good standing, from another jurisdiction,
			 state, or territory of the United States or foreign country, including a copy
			 of its licensing laws for massage therapist, whose standards for licensure meet
			 or exceed those required by Georgia.
(g)The Board may request additional
			 verification of any requirements or credentials as it may deem
			 necessary.
O.C.G.A.§§
									43-1-3,  43-1-7,  43-1-19,  43-1-24,  43-1-25,  43-24A-7 and 
				  43-24A-13.
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-5 - LICENSURE BY ENDORSEMENT › Rule 345-5-.02 - Endorsement for Military Spouses, Service Members and Transitioning Service Members

Current through Rules and Regulations filed through June 27, 2024
(1) As used in this
			 rule, the following terms shall mean:
(a)
			 "Board" means the Georgia Board of Massage Therapy.
(b) "License" means any license issued by the
			 Georgia Board of Massage Therapy.
(c) "Military" means the United States armed
			 forces, including the National Guard.
(d) "Military spouse" means a spouse of a
			 service member or transitioning service member.
(e) "Service member" means an active or
			 reserve member of the armed forces, including the National Guard.
(f) "Transitioning service member" means a
			 member of the military on active duty status or on separation leave who is
			 within 24 months of retirement or 12 months of separation.
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-6 - PROFESSIONAL AND UNPROFESSIONAL CONDUCT › Rule 345-6-.01 - Professional and Unprofessional Conduct

Current through Rules and Regulations filed through June 27, 2024
(1) Georgia Licensed Massage Therapists
			 shall:
(a) Comply with recognized
			 professional standards for the practice of massage therapy and client quality
			 of care.
(b) Represent professional
			 qualifications truthfully and accurately, including education and professional
			 affiliations, and provide only those services that the practitioner is
			 qualified by education, experience, and skill to perform within recognized
			 professional standards for the practice of massage therapy.
(c) Accurately inform clients, other health
			 care practitioners, and the public about the scope and limitations of the
			 practice of massage therapy, including the limitations of and contraindications
			 for massage therapy.
(d) Refer
			 clients to appropriate health professionals when treatment needed by the client
			 is beyond the scope of massage therapy practice according to recognized
			 professional standards.
(e) Perform
			 massage therapy only after the client has given written informed and voluntary
			 consent that is signed by the client or, if the client is a minor, signed by
			 the client's guardian, parent, or authorized third party.
(f) Immediately comply with the client's
			 expressed request to refuse, modify, or terminate the performance of massage
			 therapy, regardless of any prior consent.
(g) Provide draping and treatment consistent
			 with client safety, comfort, and privacy in compliance with recognized
			 professional standards of massage therapy practice.
(h) Refuse to treat any person or part of the
			 body if such treatment is not lawful, does not comply with recognized
			 professional standards of massage therapy practice, or is not in the best
			 interest of the client.
(i) Not
			 violate client boundaries regarding privacy, disclosure of personal
			 information, physical exposure, nudity, or sexual activity.
(j) Not accept any gifts, compensation, or
			 benefits that are intended to influence a referral, decision, or treatment that
			 is not within recognized professional standards of massage therapy practice,
			 including treatment that is not in the best interest of the client.
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-6 - PROFESSIONAL AND UNPROFESSIONAL CONDUCT › Rule 345-6-.02 - Scope of Practice of Massage Therapy Students

Current through Rules and Regulations filed through June 27, 2024
(1) A person pursuing a course of study
			 leading to a degree or certificate as a massage therapist in an educational
			 program recognized by the board may engage in the practice, services, or
			 activities of massage or massage therapy when such person is:
(a) Actively enrolled in a massage therapy
			 program or school approved by the Board;
(b) Designated by title indicating student
			 status and shall not represent themselves as a massage therapist or massage
			 practitioner;
(c) Fulfilling
			 uncompensated work experiences required for the attainment of the degree or
			 certificate. For the purpose of this rule "uncompensated" means a person in
			 student status may not intentionally or knowingly agree to accept any
			 compensation, directly or indirectly, overtly or covertly, in cash or in kind,
			 in the form of payments, gifts, tips, remuneration, recompense, or rewards to
			 or from any person or entity for services rendered while in student
			 status;
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-7 - FEES › Rule 345-7-.01 - Approved Fees

Current through Rules and Regulations filed through June 27, 2024
(1) Refer to fee
			 schedule for appropriate fees payable to the Board.
(a) An indebtedness to the Board caused by a
			 returned check will be dealt with in accordance with Code Section
			  16-9-20 of  the Criminal Code of
			 Georgia;
(b) Fees may be reviewed
			 and changed at the discretion of the Board;
(c) Application fees are
			 non-refundable.
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-8 - REQUIREMENTS - BOARD RECOGNIZED MASSAGE THERAPY EDUCATION PROGRAM › Rule 345-8-.02 - Faculty Requirements. Amended

Current through Rules and Regulations filed through June 27, 2024
(1)
			 In order to be a Georgia Board recognized massage therapy education program,
			 the program must have a faculty that consists of a sufficient number of full
			 and part-time instructors to ensure that the educational obligations to the
			 student are fulfilled. Lab, clinical and community course core (lead) faculty
			 must demonstrate competence in their respective areas of teaching as evidenced
			 by a minimum of 2 years or 2000 hours of experience in their field. Faculty
			 instructor(s) shall hold a current state license, if a state license is
			 required to practice massage therapy in that state. Human sciences course core
			 (lead) faculty (anatomy, pathology, physiology) is not required to hold a
			 massage therapy license; however, the faculty member must demonstrate
			 competence in their respective areas of teaching as evidenced by a minimum of 2
			 years or 2000 hours experience in their field and/or by appropriate
			 degrees/certificates from approved colleges/schools/institutions.
(2) All program faculty members must teach at
			 the physical address which has been provided to the Board on the program's
			 application to become a board recognized massage therapy education
			 program.
(3) The Board must be
			 notified of any program faculty changes within ten (10) days of the date the
			 change becomes effective.
(4) If a
			 school utilizes faculty assistants, in order to be a Board recognized massage
			 therapy education program, it shall establish and maintain policies that set
			 forth qualifications, duties and procedures for use of these personnel. Faculty
			 assistants shall not be used as substitutes or replacements for regular
			 faculty; shall not be responsible for the overall evaluation of any student;
			 and shall work under the direct supervision of approved faculty. Faculty
			 assistants shall hold a current license, if a license is required to practice
			 massage therapy in that state.
(5)
			 In order to be a Georgia Board recognized massage therapy education program,
			 the ratio of students to faculty in the lab/clinical/community area shall not
			 exceed 20 students to 1 instructor with no more than 10 student therapists and
			 10 students serving as clients. Lecture classes are not subject to this
			 ratio.
(6) When student clinical
			 practice is being performed on the general public, the supervising clinical
			 faculty instructor(s) shall hold a current Georgia massage license.
O.C.G.A. §§
									43-1-25,  43-24A-3(4).
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-8 - REQUIREMENTS - BOARD RECOGNIZED MASSAGE THERAPY EDUCATION PROGRAM › Rule 345-8-.03 - Board Recognition Status

Current through Rules and Regulations filed through June 27, 2024
(1) In
			 order for a Georgia (physically) based massage therapy education program
			 location(s) to obtain the Georgia Massage Therapy Board "Recognized" massage
			 therapy education program status, the program must meet the requirements set
			 forth in rules
			  345-8-.01  and
			  345-8-.02, and the additional
			 requirements below:
(a) the program must
			 require that each student have a minimum grade of 70% and the student have a
			 minimum attendance of 70% in order to receive credit/hours in massage therapy
			 related course and clinical work, and;
(b) the program must maintain a written
			 program, philosophy and objectives, and the program must maintain course
			 outlines or syllabi for all massage therapy courses, and;
(c) the program must provide a student
			 handbook, and;
(d) the program must
			 maintain permanent student records that summarize the credentials for
			 admission, attendance, grades and other records of performance, and;
(e) the program must possess a current,
			 unencumbered National Certification Board for Therapeutic Massage and Bodywork
			 (NCBTMB) School Provider Code.
(f)
			 the program must possess a current, unencumbered Nonpublic Postsecondary
			 Education Commission (NPEC) Authorization number.
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-9 - EXEMPTIONS FROM LICENSURE › Rule 345-9-.01 - Exemptions from Licensure

Current through Rules and Regulations filed through June 27, 2024
(1) "Massage
			 Therapy" means the act or practice of employing structured touch, pressure,
			 movement and holding to the soft tissue of the body of a natural person for the
			 particular purpose of enhancing or helping to restore a natural persons health
			 and well being. Please refer to O.C.G.A. §
								43-24A-3(8) for
			 the Georgia law defining massage therapy.
(2) The Massage Therapy Practice Act
			 (O.C.G.A. §
								43-24A) does not restrict or prevent the practice, services or
			 activities of any natural person legally operating under the authority of other
			 licensing laws in Georgia, provided that, the individual does not use the title
			 of "Massage Therapist" unless such individual holds a massage therapy license
			 issued by the Georgia Board of Massage Therapy.
(3) Only duly licensed massage therapists
			 practicing in accordance with the Board rules and Georgia law may practice
			 massage therapy in Georgia, or, use in connection with their own name or that
			 of their business or employer, the terms massage, massage therapy, massage
			 therapist, massage practitioner, or the letters M.T. or L.M.T. or any other
			 representation either direct or indirect, indicating to the general public that
			 massage therapy is provided or available. Such activities are prohibited unless
			 the provider is an actively licensed massage therapist by the Georgia Board of
			 Massage Therapy.
(4) A nonresident
			 person rendering massage therapy up to 60 days during a 12 month period for
			 treatment of a temporary sojourner only provided such individual is properly
			 and currently licensed or certified to practice massage therapy.
(5) A nonresident person who is properly and
			 currently licensed or certified to practice massage therapy when in this state
			 to provide service as part of an emergency response team working in conjunction
			 with disaster relief officials or as part of a charity event.
Authority O.C.G.A. Secs.
				  43-1-10,  43-1-19,  43-1-24,  43-1-25,  43-24A-3,  43-24A-7,  43-24A-8,  43-24A-10,  43-24A-14,  50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-10 - DISCIPLINE › Rule 345-10-.01 - General Provisions

Current through Rules and Regulations filed through June 27, 2024
(1) Upon finding
			 that a violation has occurred, in accordance with O.C.G.A. §
								43-1-19 and 
			  43-24A-7, the Board has the
			 authority to refuse to grant a license to a person, revoke the license of a
			 person licensed by the Board, discipline or sanction a person licensed by the
			 Board, or, refuse to renew a license.
(2) In addition, the Board may impose any or
			 all, but not limited to, the following:
(a)
			 Public or Private Reprimand;
(b)
			 Letter of Concern;
(c) Imposition
			 of Fine(s);
(d) Period of
			 Probation;
(e) Cease and Desist
			 Order;
(f) Any other action the
			 Board may deem appropriate, up to and including possible suspension and/or
			 revocation of the professional license.
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-10 - DISCIPLINE › Rule 345-10-.02 - Display of LIcense

Current through Rules and Regulations filed through June 27, 2024
All licensees shall display their license certificate, easily
				and readily available for anyone to observe, in
all
locations of the licensees practice as a
				massage therapist.
Authority O.C.G.A. Secs.
				  43-1-10,  43-1-19,  43-1-24,  43-1-25,  43-24A-3,  43-24A-7,  43-24A-8,  43-24A-10,  43-24A-14,  50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-10 - DISCIPLINE › Rule 345-10-.03 - Advertising

Current through Rules and Regulations filed through June 27, 2024
(1) It shall be considered a violation of the
			 massage therapy practice act to:
(a) publicly
			 misrepresent oneself to be a massage therapist in any form of advertisement
			 unless the individual has an active, valid license issued by the Board to
			 practice massage therapy in Georgia;
(b) advertise massage therapy services
in conjunction
with adult entertainment, escort
			 or dating services.
Compilation of Rules and Regulations of the State of Georgia › Department 345 - RULES OF GEORGIA BOARD OF MASSAGE THERAPY › Chapter 345-10 - DISCIPLINE › Rule 345-10-.04 - Unlicensed Practice

Current through Rules and Regulations filed through June 27, 2024
(1) Individuals who
			 have engaged in the practice of massage therapy without a valid and active
			 Georgia license shall be subject to a Cease and Desist Order, public reprimand,
			 fine, and/or other sanction imposed by the board, as authorized by
			 law.
(2) Fines for unlicensed
			 practice, in addition to or in conjunction with any other board sanction, may
			 be imposed according to the following guidelines:
(a) Unlicensed practice determined by the
			 board to be:
1. Practice for one (1) month or
			 less: Letter of Concern from the board;
2. Practice over one (1) month but not
			 exceeding three (3) months: fine of $100 per month;
3. Practice over three (3) months but not
			 exceeding one (1) year: fine of $500;
4. Practice over one (1) year but not
			 exceeding two (2) years: fine of $750;
5. Practice over two (2) years but not
			 exceeding three (3) years: fine of $1,000;
6. Practice over three (3) years: fine of
			 $1000 plus an additional fine of $100 for each month or portion thereof over
			 three (3) years, not to exceed a total fine of $5,000.
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-1 - ADMINISTRATION › Rule 350-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Act" means the Georgia Medical Assistance Act of 1977;
				O.C.G.A. Title 49, Article 7.
(2) "Administrative Review" means the formal reconsideration,
				as a result of the proper and timely submission of a provider's request
				therefor, by any Departmental Division, Office, or Unit which has proposed an
				adverse action which will aggrieve a party if it is carried out.
(3) "Adverse Action" means an instance in which the
				Department:
(a) denies or reduces the amount of reimbursement claimed by a
				provider;
(b) recovers funds previously paid to a provider, other than
				through lawsuit;
(c) sets or changes a provider's reimbursement rate;
(d) withholds reimbursement from a provider;
(e) denies payment for future admissions to a nursing facility,
				except as provided in Chapter 350-3 of these Rules;
(f) suspends, terminates, or refuses to enroll, re-enroll, or
				reinstate a provider or prospective provider; or
(g) performs any other act which aggrieves a provider.
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-1 - ADMINISTRATION › Rule 350-1-.02 - Department of Medical Assistance

Current through Rules and Regulations filed through June 27, 2024
(1) The Department of Medical Assistance was created by the
				General Assembly in 1977. The Department is authorized to:
(a) adopt and administer a State Plan for medical assistance as
				defined in paragraph (23) of Rule  350-1-.01, provided such State Plan is
				administered within the appropriations made available to the Department;
(b) establish the amount, duration, scope, and terms and
				conditions of eligibility for and receipt of such medical assistance as it may
				elect to authorize pursuant to Article 7, Title 49 of the Official Code of
				Georgia Annotated;
(c) establish such rules and regulations as may be necessary or
				desirable to execute the State Plan and to receive the maximum amount of
				federal financial participation available in expenditures made pursuant to the
				State Plan;
(d) enter into such reciprocal and cooperative arrangements
				with other states, persons, and institutions, public and private, as it may
				deem necessary or desirable in order to execute the State Plan.
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-1 - ADMINISTRATION › Rule 350-1-.03 - Commissioner of Medical Assistance

Current through Rules and Regulations filed through June 27, 2024
The Commissioner of Medical Assistance shall be the chief
				administrative officer of the Department and, subject to the general policy
				established by the Board, shall supervise, direct, account for, organize, plan,
				administer, and execute the functions vested in the
				Department.
Ga. L. 1977, pp. 384,
				388; O.C.G.A. Sec.  49-4-142(a).
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-1 - ADMINISTRATION › Rule 350-1-.04 - Board of Medical Assistance

Current through Rules and Regulations filed through June 27, 2024
The Board of Medical Assistance is empowered to establish the
				general policy to be followed by the Department.
(a) The Board is composed of five (5) persons appointed by the
				Governor and confirmed by the Senate.
(b) The presiding officer of the Board shall be its
				Chairperson, who shall be selected by the board and serve as such at the
				pleasure of the Board.
(c) A quorum shall consist of a majority of its members.
(d) The Governor shall appoint Board members to four-year terms
				of office.
(e) Vacancies in office shall be filled by the appointment of
				the Governor and said appointments shall be submitted to the Senate for
				confirmation at the next session of the General Assembly. An appointment to
				fill a vacancy, other than a vacancy created by the expiration of a term of
				office, shall be for the balance of the unexpired term of the Board member
				succeeded.
(f) Board members, if eligible therefor, shall receive per diem
				and expenses commensurate with the amounts established by O.C.G.A. §
								45-7-21.
Ga. L. 1977, pp. 384,
				388; O.C.G.A. Sec.  49-4-142(a).
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-1 - ADMINISTRATION › Rule 350-1-.05 - Practice of Non-Discrimination

Current through Rules and Regulations filed through June 27, 2024
In accordance with Title VI of the Civil Rights Act of 1964,
				the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act
				of 1973, no individual shall be excluded from participation, or be denied
				benefits, or be subjected to any other form of discrimination by the Department
				or providers of medical assistance, by reason of handicap, race, color, sex,
				age, religion, or national origin.
O.C.G.A. Sec.
				  49-4-142(a).
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-2 - PROCEDURES FOR ADOPTION, AMENDMENT, AND REPEAL OF RULES AND FOR PUBLIC NOTICE OF CHANGES IN METHODS AND STANDARDS FOR SETTING PAYMENT RATES › Rule 350-2-.01 - Adoption, Amendment, and Repeal of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) When in the judgment of the Department it is appropriate to adopt, amend, or repeal one or more rules to secure satisfactory compliance with the provisions of any Georgia statute or federal law or regulation, or otherwise to assure effective administration of the Department, the Commissioner shall prepare a draft whic h shall include a proposed text of the rule(s), a statement of the legal authority empowering the Department to adopt and promulgate the rule(s), and the proposed effective date(s).
(2) The Board shall review the draft and make additions, deletions, or amendments thereto as are agreed to by a majority vote of the members present.
(3) Upon the Board's approval of the proposed draft, but prior to the adoption, amendment, or repeal of any such rule, the Department shall:
(a) give at least thirty (30) days notice of its intended action by mail to:
1. interested persons, except that whenever the Commissioner determines that such persons are so numerous as to make individual notices impractical, notice ma y be given by publication, and
2. all persons who have requested in writing that they be placed upon a mailing list, which list shall be maintained by the Department for advance notice of its rule-making proceedings, and who have tendered the actual cost of such mailing as from time to time estimated by the Department; and
3. legislative counsel;
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-2 - PROCEDURES FOR ADOPTION, AMENDMENT, AND REPEAL OF RULES AND FOR PUBLIC NOTICE OF CHANGES IN METHODS AND STANDARDS FOR SETTING PAYMENT RATES › Rule 350-2-.02 - Petitions for Adoption, Amendment, or Repeal

Current through Rules and Regulations filed through June 27, 2024
(1) Any interested person may petition the Department
				requesting the adoption, amendment, or repeal of any rule.
(2) when the petition requests promulgation of a rule, the
				requested or proposed rule must be set out in full. The petition must also
				include all the reasons for the requested rule together with briefs containing
				any applicable law. Where the petition requests the amendment or repeal of a
				rule presently in effect, the rule or portion of the rule in question must be
				set out as well as the suggested amended form, if any. The petition must
				include all reasons for the requested amendment or repeal of the rule.
(3) All petitions shall be considered by the Department. The
				Department may, at its discretion, order a hearing for the further
				consideration and discussion of the requested promulgation, amendment, repeal,
				or modification of any rule.
(4) Within thirty (30) days after the submission of a petition,
				the Department shall formally consider the petition and shall within thirty
				(30) days thereafter either deny the petition in writing, stating the reasons
				for the denial, or initiate rule-making proceedings in accordance with Section
				 .01 of this Chapter.
Ga. L. 1977, pp. 384,
				389, 390; O.C.G.A. Sec.  49-4-142(a).
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-2 - PROCEDURES FOR ADOPTION, AMENDMENT, AND REPEAL OF RULES AND FOR PUBLIC NOTICE OF CHANGES IN METHODS AND STANDARDS FOR SETTING PAYMENT RATES › Rule 350-2-.03 - Legislative Overview

Current through Rules and Regulations filed through June 27, 2024
In the event the chairperson of any standing committee of
				either House of the Georgia General Assembly to which a proposed rule relative
				to the Department of Medical Assistance is assigned notifies the agency that
				the committee objects to the adoption of such rule or has questions concerning
				the purpose, nature, or necessity of such rule, the Department will consult
				with the committee prior to the adoption of such rule.
Ga. L. 1977, pp. 384,
				389, 390; O.C.G.A. Sec.  49-4-142(a).
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-2 - PROCEDURES FOR ADOPTION, AMENDMENT, AND REPEAL OF RULES AND FOR PUBLIC NOTICE OF CHANGES IN METHODS AND STANDARDS FOR SETTING PAYMENT RATES › Rule 350-2-.04 - Emergency Rules

Current through Rules and Regulations filed through June 27, 2024
If the Board finds that an imminent threat to the public
				health, safety, or welfare requires adoption of a rule upon fewer than thirty
				(30) days notice and states in writing the reasons therefor, the Commissioner,
				with the approval of the Chairperson, will proceed without prior notice of
				hearing or upon any abbreviated notice and hearing that the Board finds
				practicable. Such emergency rule shall be effective for a period of not longer
				than 120 days, but the adoption of an identical rule under Section .01 is not
				precluded.
Ga. L. 1977, pp. 384, 387
et seq.
; O.C.G.A. Sec.  49-4-142(a).
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-2 - PROCEDURES FOR ADOPTION, AMENDMENT, AND REPEAL OF RULES AND FOR PUBLIC NOTICE OF CHANGES IN METHODS AND STANDARDS FOR SETTING PAYMENT RATES › Rule 350-2-.05 - Effective Dates of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) Each rule shall not become effective until the expiration of twenty (20) days after the original and two copies of the rule are filed in the office of the Secretary of State. Each rule so filed shall contain a citation of authority pursuant to which it was adopted and, if an amendment, shall clearly identify the original rule.
(2) The 20-day filing period is subject to the following exceptions:
(a) where a statute or the terms of the rule require a date which is later than the 20-day period, then the later date is the effective date; and
(b) an emergency rule may become effective immediately upon adoption or within a period of less than twenty (20) days. The emergency rule shall be filed with the office of the Secretary of State within four (4) business days after its adoption.
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-2 - PROCEDURES FOR ADOPTION, AMENDMENT, AND REPEAL OF RULES AND FOR PUBLIC NOTICE OF CHANGES IN METHODS AND STANDARDS FOR SETTING PAYMENT RATES › Rule 350-2-.06 - Promulgation of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) Immediately following the adoption of any rule the
				Department shall forward a copy to all persons who have requested in writing
				that they be placed upon a mailing list, which shall be maintained by the
				Department for this purpose, and who have tendered the actual cost of such
				mailing as from time to time estimated by the Department.
(2) The Department shall maintain a book containing a copy of
				each rule, orderly arranged and properly indexed. This book shall be available
				for review by any person during regular business hours of the
				Department.
O.C.G.A. Sec.
				  49-4-142(a).
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-2 - PROCEDURES FOR ADOPTION, AMENDMENT, AND REPEAL OF RULES AND FOR PUBLIC NOTICE OF CHANGES IN METHODS AND STANDARDS FOR SETTING PAYMENT RATES › Rule 350-2-.07 - Incorporation of Existing State Rules and Regulations

Current through Rules and Regulations filed through June 27, 2024
Adoption of the Rules of the Department of Medical Assistance
				is not intended to be exclusive of any presently existing rules and regulations
				of the State of Georgia pertaining to the Act, and adoption is made without
				prejudice to any rules and regulations of the Department of Human Resources
				which may have applicability to the administration of the State Plan. All such
				rules and regulations are incorporated herein, to the extent that they do not
				conflict with these Rules. All Rules of the Department of Medical Assistance
				heretofore adopted are hereby repealed.
O.C.G.A. Sec.
				  49-4-142(a).
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-2 - PROCEDURES FOR ADOPTION, AMENDMENT, AND REPEAL OF RULES AND FOR PUBLIC NOTICE OF CHANGES IN METHODS AND STANDARDS FOR SETTING PAYMENT RATES › Rule 350-2-.08 - Procedure for Public Notice of Changes in Statewide Methods and Standards for Setting Payment Rates

Current through Rules and Regulations filed through June 27, 2024
(1) Except as specified in paragraph (2) of this section, the
				agency shall provide public notice of any proposed change in its methods and
				standards for setting payment rates for services whenever such change is
				expected, based on the most recent report of Department data obtained prior to
				the decision to make such proposed change, to:
(a) increase or decrease gross Department expenditures, for the
				category of service for which the change is proposed, during the 12 months
				following the effective date of the change by more than two percent (2.0%),
				or
(b) affect more than two percent (2.0%) of the providers
				enrolled at the time of the decision to make such change for the category of
				service for which the change is proposed.
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-3 - SANCTIONS FOR NURSING FACILITIES › Rule 350-3-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Complaint Investigation" means a survey or visit to
				determine the validity of allegations of resident abuse, neglect or
				misappropriation of resident property, or of other noncompliance with
				applicable federal and state requirements.
(2) "Deficiency" means a failure of compliance with a Program
				Requirement. The fact that a deficiency no longer exists at the time of the
				Survey or complaint investigation which identifies it shall not negate its
				status as a deficiency for the purpose of imposing a civil monetary penalty or
				requesting a Plan of Correction.
(3) "Finding" means a determination, as the result of a survey
				or complaint investigation of the facility, that noncompliance with a Program
				Requirement could or should have been prevented or has not yet been identified
				by the facility, is not being corrected by proper action by the facility, or
				cannot be justified by special circumstances unique to the facility or the
				resident.
(4) "Initial finding" means the first time that a deficiency or
				deficiencies is recorded by a surveyor as the result of a survey or complaint
				investigation. Initial findings may be records of deficiencies that occurred
				prior to the date of the survey visit even if the deficiencies no longer exist
				at the time of the current survey.
(5) "Monitor" means a person or organization placed in a
				facility by the Department or the State Survey Agency for the purpose of
				overseeing a facility's correction of deficiencies or to ensure orderly closure
				of a facility. A monitor shall have practical long-term care experience related
				to the aspect(s) for which the facility is being monitored.
(6) "Nursing Facility" means an institution (or a distinct part
				of an institution) which
(a) is primarily engaged in providing to residents
1. skilled nursing care and related services for residents who
				require medical or nursing care,
2. rehabilitation services for the rehabilitation of injured,
				disabled, or sick persons, or
3. on a regular basis, health-related care and services to
				individuals who because of their mental or physical condition require care and
				services (above the level of room and board) which can be made available to
				them only through institutional facilities, and
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-3 - SANCTIONS FOR NURSING FACILITIES › Rule 350-3-.03 - Imposition of Remedies

Current through Rules and Regulations filed through June 27, 2024
In determining which remedy to impose, the Department shall
				consider the facility's compliance history, change of ownership, and the
				number, scope, and severity of the deficiencies. Subject to these
				considerations, the Department shall impose those remedies described in Section
				 .02 most likely to achieve correction of the deficiencies.
(a) Immediate jeopardy. If the Department finds that the
				facility's deficiency or deficiencies immediately jeopardize(s) the health or
				safety of its residents, the Department shall:
1. appoint temporary management and impose one or more of the
				remaining remedies specified in Section .02; or
2. terminate the facility's Medicaid participation and, at its
				option, impose one or more of the remaining remedies specified in Section
				 .02.
Compilation of Rules and Regulations of the State of Georgia › Department 350 - DEPARTMENT OF MEDICAL ASSISTANCE › Chapter 350-3 - SANCTIONS FOR NURSING FACILITIES › Rule 350-3-.04 - Civil Monetary Penalties

Current through Rules and Regulations filed through June 27, 2024
Civil monetary penalties shall be based upon one or more
				findings of noncompliance; actual harm to a resident or residents need not be
				shown. Nothing shall prevent the Department from imposing this remedy for
				deficiencies which existed prior to the survey or complaint investigation
				through which they are identified. A single act, omission, or incident shall
				not give rise to imposition of multiple penalties, even though such act,
				omission, or incident may violate more that one Program Requirement. In such
				cases, the single highest class of deficiency shall be the basis for penalty.
				Compliance by the facility at a later date shall not result in the reduction of
				the penalty amount. Civil monetary penalties and any attorneys' fees or other
				costs associated with contesting such penalties are not reimbursable Medicaid
				expenses except in the case where a facility prevails, in which case reasonable
				attorneys' fees and costs shall be allowable. Whenever such penalties are
				collected, the Department shall conduct a financial field audit to ensure that
				there has been, and will be, no Medicaid reimbursement associated with the
				penalties.
(a) Classification of deficiencies. The three classes of
				deficiencies upon which civil monetary penalties shall be based are as
				follows:
1. Class A: A deficiency or combination of deficiencies which
				places one or more residents at substantial risk of serious physical or mental
				harm.
2. Class B: A deficiency or combination of deficiencies, other
				than Class A deficiencies, which has a direct adverse affect on the health,
				safety, welfare, or rights of residents; or a failure to post notices issued by
				the Department of imposition of remedies;
3. Class C: A deficiency or combination of deficiencies, other
				than Class A or B deficiencies, which indirectly or over a period of more than
				thirty (30) days is likely to have an adverse affect on the health, safety,
				welfare, or rights of residents.