reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-47 - INTERMEDIATE CARE HOMES › Rule 111-8-47-.16 - Recreation

Current through Rules and Regulations filed through June 27, 2024
(1) An individual
				shall be designated as being in charge of resident activities. This individual
				shall have experience and/or training in group activities, or shall have
				consultation made available from a qualified recreational therapist or group
				activity leader.
(2) Provisions
				shall be made for suitable recreational and entertainment activities for
				residents according to their needs and interests. These activities are an
				important adjunct to daily living and are to encourage restoration to self-care
				and resumption of normal activities. Variety in planning shall include some
				outing activities in suitable weather.
(3) Residents shall be encouraged but not
				forced to participate in patient activities.
(4) The facility shall make available a
				variety of supplies and equipment adequate to satisfy the individual interests
				of residents. Examples are: books, magazines, daily newspapers, games,
				stationery, radio, television, and the like.
(5) An active resident activities program
				shall be carried out that will meet the needs of all residents.
Ga. L. 1964, pp. 507,
				  612, as amended by Ga. L. 1969, p. 715 et seq., Ga. L. 1972, p. 1015 et seq.,
				  O.C.G.A. §§
										31-2-4 et seq.,
				  31-7-1 et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-47 - INTERMEDIATE CARE HOMES › Rule 111-8-47-.17 - Resident Capacity

Current through Rules and Regulations filed through June 27, 2024
(1) The number of beds provided shall be
				indicated on each permit and provisional permit.
(2) The number of residents receiving care
				within the home shall not exceed the number of beds shown on the permit. In
				exceptional cases, temporary waivers, not to exceed thirty (30) days, may be
				granted by the Department.
Ga. L. 1964, pp. 507,
				  612, as amended by Ga. L. 1969, p. 715 et seq, Ga. L. 1972, p. 1015 et seq.,
				  O.C.G.A. §§
										31-2-4 et seq.,
				  31-7-1 et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-47 - INTERMEDIATE CARE HOMES › Rule 111-8-47-.19 - Application for Permit

Current through Rules and Regulations filed through June 27, 2024
(1) The governing body shall submit to the
				Department an application for a permit.
(2) The application for a permit shall be
				made on forms provided by the Department and shall be filed at least thirty
				(30) days prior to the anticipated date of opening and commencement of
				operation of a new home.
(3) A
				letter from the physician and dentist who have agreed to provide emergency
				service and the names of the administrator and supervisor of care shall
				accompany the application.
(4) A
				plan for progressive employment of personnel to match increasing occupancy and
				to assure compliance with these rules and regulations shall be submitted at the
				time established for the preopening inspection.
(5) Proof of ownership shall accompany the
				application.
(a) Corporations shall submit a
				copy of their charter and the name and address of all owners with ten (10)
				percent or more of the stock and shall identify each corporate
				officer;
(b) Nonprofit associations
				and hospital authorities shall submit legal proof of the organization, the name
				and address of each trustee and the office held, if any;
(c) All others shall submit the name and
				address of each person owning any part of the facility.
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 111-8-47 - INTERMEDIATE CARE HOMES › Rule 111-8-47-.20 - Permits

Current through Rules and Regulations filed through June 27, 2024
(1) To be eligible
				for a permit the home must be in satisfactory compliance with these rules and
				regulations and the provisions at law which apply to the locations,
				construction, and maintenance of homes and the safety of the patients
				therein.
(2) Prior to the issuance
				of a permit and at the request of the Commissioner, the governing body shall
				furnish to the Department evidence of satisfactory compliance with any laws or
				regulations thereunder applicable to homes but the enforcement of which is the
				responsibility of a department or agency of government other than the
				Department.
(3) Each home shall, as
				a condition precedent to obtaining or maintaining a permit to operate an
				intermediate care home, carry or be covered by liability insurance coverages or
				establish or have established for its benefit a self-insurance trust for a
				nursing home claim. If a home fails to carry or be covered by liability
				insurance coverages or establish or have established for its benefit a
				self-insurance trust for a nursing home claim, the Department shall provide
				notice to such home of its noncompliance and allow such home 60 days in which
				to comply. A home's failure to maintain such coverage or establish such trust
				shall result in the Department:
(a) Revoking
				such home's permit issued to operate the intermediate care home;
(b) Denying any application to renew such
				permit; and
(c) Denying any
				application for a change of ownership of the intermediate care home.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-47 - INTERMEDIATE CARE HOMES › Rule 111-8-47-.21 - Provisional Permits

Current through Rules and Regulations filed through June 27, 2024
(1) Provisional permits may be granted to the
				governing body of a newly established home to demonstrate operational
				procedures in satisfactory compliance.
(2) A provisional permit may be granted to
				the governing body of an existing home to demonstrate operational procedures in
				satisfactory compliance.
(3)
				Provisional permits granted to allow a reasonable time to demonstrate
				satisfactory compliance of operational procedures shall be limited to a period
				of not more than six (6) months.
(4) A provisional permit may be granted to
				the governing body of an existing home to give reasonable time to comply with
				regulations and standards which relate to the structural or physical condition
				of the home.
(5) No provisional
				permits shall be granted to the governing body of a newly established home
				which is in substantial noncompliance with rules, regulations and standards
				relating to the structural or physical condition of the home. Provisional
				permits granted to allow time for correction of structural or physical
				conditions shall not exceed twelve (12) months.
(6) A provisional permit shall not be issued
				when there are noncompliances of any type which present an immediate hazard to
				the life, health or safety of the patients.
(7) No provisional permit shall be granted to
				an existing home unless the governing body shall first present to the
				Commissioner a plan of improvement which shall list each noncompliance to be
				corrected, the time required to demonstrate acceptable operational procedures
				or to correct noncompliances which relate to the structural or physical
				condition of the home and the means, methods and procedures to be used in the
				correction of the noncompliances.
(8) The governing body of a home operating
				under a provisional permit may petition the Department for an extension of time
				if needed to correct noncompliances where the failure to make such corrections
				within the time allotted is an extenuating circumstance beyond the control of
				the governing body. Such petitions shall be submitted to the Department at
				least thirty (30) days prior to expiration date of the provisional
				permit.
Ga. L. 1964, pp. 507,
				  612, as amended by Ga. L. 1969, p. 715 et seq., Ga. L. 1972, p. 1015 et seq.,
				  O.C.G.A. §§
										31-2-4 et seq.,
				  31-7-1 et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-47 - INTERMEDIATE CARE HOMES › Rule 111-8-47-.22 - Inspections

Current through Rules and Regulations filed through June 27, 2024
(1) The home shall
				be available at reasonable hours for observation and examination by properly
				identified representatives of the Department.
(2) The administrator or authorized
				representative shall notify the Department of the anticipated opening date of a
				newly constructed home in order that a preopening licensure survey of the home
				may be conducted to determine compliance with these rules and
				regulations.
(3) The administrator
				or his representative shall accompany the Department representative on tours of
				inspection.
Ga. L. 1964, pp. 507,
				  612, as amended by Ga. L. 1969, p. 715 et seq., Ga. L. 1972, p. 1015 et seq.,
				  O.C.G.A. §§
										31-2-4 et seq.,
				  31-7-1 et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-47 - INTERMEDIATE CARE HOMES › Rule 111-8-47-.23 - New Construction

Current through Rules and Regulations filed through June 27, 2024
(1) General Requirements:
(a) A program narrative and all plans and
				specifications for construction, including additions, alterations, and
				renovations, shall be approved by the Department prior to commencing work on
				the building;
(b) The program
				narrative shall be submitted prior to or along with the schematic or initial
				plans for construction. The program narrative should include the following:
1. The names and addresses of each owner. If
				the owner is a public stock corporation, the names and addresses of each
				officer shall be included;
2. The
				geographical area to be served;
3.
				Admission policies;
4. Cooperative
				programs of service with local agencies, including hospitals and nursing
				homes;
5. Arrangements for medical
				and dental care, e.g., physicians on contract and agreements with hospitals,
				nursing homes and home health agencies for resident referral;
6. List of personnel by types of employees
				and proposed salaries;
7. Plans for
				securing the services of professional personnel including registered nurses,
				licensed practical nurses, social workers, dietitians, pharmacists, physicians
				and therapists;
8. A description of
				the service to be provided the community, i.e., the level of care to be
				provided and the economic segments of the population to be served;
9. Source and amount of financing;
10. Anticipated first two-year cost of
				operation, income and source of operating funds;
11. Exact location of proposed
				site;
12. Utilities available,
				i.e., electricity, gas, water, sewage and waste disposal, and
				transportation;
13. The name,
				address and telephone number of the person selected to represent the owner
				during the period of planning and construction.
(c) Any individual or group planning
				construction shall submit complete architectural, structural, mechanical and
				electrical plans and specifications to the Department for review and approval
				prior to any new construction, addition, alteration or renovation. Final plans
				submitted shall be in sufficient detail to show the building site, driveways
				and parking areas, type of construction, mechanical and electrical systems, the
				type and location of major items of equipment, the intended use of each room,
				the proposed location of beds, the type and source of utilities, food service
				system, and the proposed system of garbage and refuse disposal;
(d) Plans for addition and/or remodeling of
				an existing building will be submitted in sufficient detail to include type of
				construction and layout of the existing building to show overall relationship.
				Any changes in the approved final plans shall also be submitted to the
				Department for approval.
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 111-8-47 - INTERMEDIATE CARE HOMES › Rule 111-8-47-.24 - Enforcement

Current through Rules and Regulations filed through June 27, 2024
The administration and enforcement of these rules and
				  regulations shall be as prescribed in O.C.G.A. §
									31-2-8 and the Rules and
				  Regulations for General Licensing and Enforcement Requirements, Chapter
				  111-8-25.
Ga. L. 1964, pp. 507,
				  612, as amended by Ga. L. 1969, p. 715 et seq., Ga. L. 1972, p. 1015 et seq.,
				  O.C.G.A. §§
										31-2-4,
				  31-2-8,
				  31-7-1 et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-50 - LONG-TERM CARE FACILITIES: RESIDENTS' BILL OF RIGHTS › Rule 111-8-50-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
Unless a different meaning is required by the context, the
				  following terms as used in these rules and regulations shall have the meaning
				  hereafter respectively ascribed to them:
(a) "Administrator" means an individual who
				is licensed by the Georgia State Board of Nursing Home Administrators and who
				has the necessary authority and responsibility for management of the
				facility;
(b) "Department" means
				the Department of Community Health of the State of Georgia;
(c) "Long-term Care Facility" or "Facility"
				means any intermediate care home, skilled nursing home or intermingled home now
				or hereafter subject to regulation and licensure by the Department;
(d) "Resident" means any person residing in
				and receiving treatment in a long-term care facility;
(e) "Guardian" means a resident's legal
				guardian or conservator, or the parent of a minor resident who does not have a
				duly appointed guardian;
(f)
				"Representative" means a person authorized by a resident or his guardian to act
				for the resident as an official delegate or agent;
(g) "Long-term Care Ombudsman" or "Ombudsman"
				means a person certified as a community ombudsman or the state ombudsman
				pursuant to O.C.G.A. §
									31-8-52
et
				seq.
;
(h) "Complainant"
				means resident, applicant for residency, guardian or representative, who
				presents a grievance or complaint;
(i) "Physician" shall mean a person duly
				licensed to practice in this State by the Composite State Board of Medical
				Examiners, under the provisions of O.C.G.A. §
									43-34-1
et
				seq.
;
(j) "Person in
				Charge" means either the administrator of a facility or the person authorized
				by the administrator to be in charge when the administrator is not
				present;
(k) "Medical Necessity
				Review" means a review of the social and medical needs of a resident, whose
				stay is being paid by Medicaid or Medicare or other third party payor, to
				determine the appropriate level of care of such resident;
(l) "Referee" means a volunteer jointly
				chosen by the complainant and the administrator;
(m) "Grievance" means a complaint presented
				pursuant to Rule .14 of these regulations.
O.C.G.A. §§
										31-2-4
et seq.
,
				  31-8-102,
				  31-8-124 and
				  31-8-127.
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-.03 - Notification of Rights

Current through Rules and Regulations filed through June 27, 2024
(1) At or before being admitted to a
				facility, each resident and guardian, or representative if there is no
				guardian, must be given a copy of the written explanation of the resident's
				rights, grievance procedure and enforcement procedures. A staff member must
				also orally explain to such persons the resident's rights, grievance procedures
				and enforcement procedures. Written acknowledgement of this written and oral
				explanation must be given by the resident, or in the case of a resident unable
				to give a written acknowledgement, by the resident's guardian or representative
				if there is no guardian. Such written acknowledgement shall be kept in the
				resident's file.
(2) At the time of
				admission to a facility, each resident, guardian, or representative must be
				provided with the following information in writing:
(a) The basic daily or monthly rate of the
				facility for the level of care to be received by the resident;
(b) A list of the services of the facility.
				Such list must show which services are offered as a part of the daily rate and
				which services are offered on an as-needed basis along with the related charges
				for such services. Such list must also show which services are not covered
				under Medicare or Medicaid programs and for which there are extra
				charges;
(c) A statement disclosing
				the facility's name and business address and the administrator's name and
				business address. The statement should also disclose that upon request at any
				time during normal business hours, a resident or a person applying to be a
				resident must be given a current copy of the annual disclosure statement filed
				with the Department of Medical Assistance.
(d) Notice of right of access to the written
				policies and procedures of the facility adopted pursuant to .02(1) of these
				rules and regulations during normal business hours;
(e) The right to select at admission, or to
				change at any time, the pharmacy or pharmacist of the resident's choice for
				those pharmaceutical supplies and services not provided as a part of the
				facility's basic rate. If the facility uses a specific type of unit dose drug
				system, any pharmacy or pharmacist chosen by the resident must be able to
				provide pharmaceuticals under such a system. Such notice at the time of
				admission shall also include a list of which pharmaceutical supplies and
				services are not provided by the facility.
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-.05 - Privacy

Current through Rules and Regulations filed through June 27, 2024
All residents shall enjoy privacy in their rooms and in their
				  portions of any room which they share.
(a) Staff shall not enter a resident's room
				without first making their presence known before entering unless such staff
				member has reason to believe that the resident is asleep or it is an emergency
				which threatens the health or safety of the resident or unless it is required
				by the resident's care plan and documented in said plan.
(b) A resident shall be entitled to an
				available private room and a personal sitter if the resident pays the
				difference between the facility's charge for such a room and/or sitter and the
				amount reimbursed through Medicaid or Medicare provided that this provision is
				not prohibited by overriding Federal law or regulations.
(c) A resident shall have the right to visit
				privately with the resident's spouse. A resident and spouse shall be permitted
				to share a room if both are residents of the facility and space
				permits.
(d) Residents shall enjoy
				the right of freedom from eavesdropping, and the right to unimpeded, private
				and uncensored communication with anyone of the resident's choice by mail,
				telephone and visit. The administrator shall provide that mail is received and
				mailed on regular postal days. Public telephones must be available and
				accessible to residents, including those in wheelchairs, and must permit and be
				conducive to private conversation. Residents shall have the right to refuse any
				telephone call or correspondence. Such refusal shall be documented in the
				resident's file.
(e) The facility
				must provide at least one place for private visitation during normal visiting
				hours. This place must be provided in addition to the residents'
				rooms.
O.C.G.A. §§
										31-2-4
et seq.
,
				  31-8-114 and
				  31-8-127.
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-.06 - Management of Personal Property and Financial Affairs

Current through Rules and Regulations filed through June 27, 2024
(1) Each resident
				must be permitted to retain and use his/her personal property in his/her
				immediate living quarters subject to space limitations and state and federal
				safety laws and regulations.
(2)
				Upon request, the facility shall provide a means of securing the resident's
				property in his/her room or another convenient location in the facility,
				subject to the following:
(a) The resident
				must have access to the secured items at least during all normal business hours
				and where facility policy allows, on weekends and holidays;
(b) The facility shall keep an updated
				written record of all personal belongings which a resident has requested that
				the facility keep in a secure place.
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-.07 - Residential Care and Treatment

Current through Rules and Regulations filed through June 27, 2024
Each resident must receive care, treatment and services which
				  are adequate and appropriate for the condition of the resident, as determined
				  by periodic review of each resident's treatment plan. Such care, treatment, and
				  services must be provided with reasonable care and skill and in compliance with
				  all applicable laws and regulations and with the goal of the resident's return
				  home or to a less restrictive environment.
(a) The quality of a particular service or
				treatment must be the same to all residents without regard to the source of
				payment for such service or treatment. In particular, the quality of care
				provided to a resident whose care is being paid for from Medicaid or Medicare
				funds must be that same quality of care provided to those residents whose care
				is being paid for from other sources.
(b) Care, treatment and services must be
				provided with respect for the resident's personal dignity and privacy subject
				to the following:
1. All aspects of a
				resident's medical, personal and bodily care program shall be conducted in
				private and kept confidential. Any persons not directly involved in the
				particular aspect of care being provided to a resident must have the resident's
				permission to be present at the time that component of the resident's care is
				being provided;
2. A resident's
				personal and medical records must be kept confidential. Only the resident or
				guardian may approve the release or disclosure of such records to persons or
				agencies outside the facility which must be in writing, unless it is a case of
				the resident's transfer to another health care facility or during Medicare,
				Medicaid, licensure, medical care foundation, or peer review surveys, or as
				otherwise provided by law or third-party payment contract;
3. Each resident or guardian shall have the
				right of access to all information in the medical and personal records of that
				resident and to have given to him by the physician a complete and current
				explanation of his medical diagnosis, treatment and prognosis in language the
				resident can understand. Each resident or guardian shall have the right to
				inspect and receive a copy of such records unless said right is suspended in
				accordance with .10 of these rules and regulations. The facility may charge a
				reasonable fee for duplication of the medical records, not to exceed actual
				cost.
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-.08 - Refusal of Medical Treatment, Dietary Restrictions and Medications

Current through Rules and Regulations filed through June 27, 2024
Each resident or guardian shall have the right to refuse any
				  aspect of medical treatment, dietary restriction or any medication, subject to
				  the following:
(a) When a resident or
				guardian makes such refusal such person shall be notified by the appropriate
				facility staff person or physician of the immediate and possible long-term
				consequences of the refusal. The refusal shall be documented in the resident's
				record as shall the possible consequences of the refusal, and the resident's
				physician shall be notified as soon as practical.
(b) If such refusal would result in serious
				injury, illness or death, the facility shall:
1. Promptly notify the resident's physician
				and if serious injury, illness or death is imminent, transport the resident to
				a hospital; and
2. Notify the
				resident's guardian, representative or responsible family member in that order
				of priority as specified in O.C.G.A. §
										31-9-2 or if no such persons are
				immediately available, notify the director of the County Department of Family
				and Children Services or his designee. The director or designee shall document
				such notification and take appropriate protective measures.
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-.09 - Use of Restraints, Isolation and Restrictions

Current through Rules and Regulations filed through June 27, 2024
Each resident must be free from actual or threatened physical
				  restraints, isolation or restrictions on mobility within or outside the
				  facility grounds, including the use of drugs to limit mobility, activity and
				  functional capacity or the use of any other restrictions, except to the minimum
				  extent necessary to protect the resident from immediate injury to the resident
				  or to any other person. Restraints are defined to include, but not limited to,
				  any contrivance, situation, safety device, or medication that has the
				  purposeful or incidental effect of restricting a resident's mobility within or
				  outside of the facility grounds. All authorization and use of restraints,
				  restrictions, or isolation must be documented in the resident's medical
				  file.
(a) Restraints, restrictions, or
				isolation may not be used for punishment, incentive, behavior conditioning or
				modification, convenience of the facility or any purpose other than to protect
				the resident from immediate injury to himself or to any other person.
(b) Except in an emergency situation
				described in subsection (c) of this rule, below, restraints, restrictions, or
				isolation must be authorized as follows:
1.
				Prior to authorizing restraints, restrictions, or isolation, the attending
				physician shall make a personal examination and individualized determination
				that such restraint, restriction, or isolation is necessary to protect the
				resident or other persons from immediate injury; and
2. The physician shall specify the length of
				time for which such restraint, restriction, or isolation is authorized. Such
				authorization may not exceed 65 days for intermediate care home residents or 35
				days for skilled nursing home residents, but in no event shall such restraint,
				restriction, or isolation be used beyond the period of actual need to protect
				the resident or other persons from immediate injury. Any period beyond that
				specified shall be regarded as a new period and all requirements for the use of
				such restraints, restriction or isolation must be met.
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-.10 - Temporary Suspension of Rights

Current through Rules and Regulations filed through June 27, 2024
Convenience to the facility shall not justify the suspension
				  of any rights to individual residents.
(a) Only the following rights may be
				temporarily suspended:
1. The right to rise
				and retire as the resident chooses, pursuant to .04(d) of these rules and
				regulations;
2. The right to use
				tobacco and consume alcoholic beverages, pursuant to .04(e) of these rules and
				regulations;
3. The right of access
				to his own medical records and explanation of condition, treatment and
				diagnosis, pursuant to .07(b)3 of these rules and regulations; and
4. The right to enter and leave as desired,
				pursuant to .04(f) of these rules and regulations.
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-.12 - Contributions to the Facility

Current through Rules and Regulations filed through June 27, 2024
No resident, resident's family, guardian or representative
				  shall be coerced directly or indirectly into contributing to a resident,
				  facility, staff person, or corporation or agency with any financial interest in
				  the facility.
(a) Free will
				contributions may be made for general or restricted purposes. When free will
				contributions are made by a person for a restricted purpose, such contribution
				must be used only for the purpose so designated.
(b) When a free will contribution is made, a
				signed receipt shall be issued to the person making the contribution and shall
				contain the following information:
1. The name
				of the person making the contribution;
2. The date the contribution is
				made;
3. The amount and type of the
				contribution;
4. The restricted
				purpose, if any, for which the contribution is intended.
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-.13 - Nondiscrimination

Current through Rules and Regulations filed through June 27, 2024
(1) Each resident
				or person requesting admission to a facility shall be free from discrimination
				by the facility through its refusing admission or continued residency on the
				basis of the resident's or applicant's history or condition of mental or
				physical disease or disability unless either:
(a) Such admission would cause the facility
				or any resident or applicant to lose eligibility for any state or federal
				program of financial assistance; or
(b) The facility cannot provide adequate and
				appropriate care, treatment, and services to the resident or applicant due to
				such disease or disability, provided such exclusion is not contrary to federal
				or state law and regulation prohibiting such discrimination nor contrary to
				federal or state law or regulation requiring that care must be provided if the
				facility participates in a financial program requiring such admittance or
				continued residency.
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-.14 - Grievance Procedure

Current through Rules and Regulations filed through June 27, 2024
Any resident, guardian or representative who believes his
				  rights or, in the case of a guardian or representative, the rights of the
				  resident, have been violated, may present a grievance. The grievance procedure
				  shall be in accordance with the following:
(a) The facility shall maintain a
				confidential central file of documents and materials pertaining to grievances.
				Any resident, guardian or representative shall be free to review any document
				or materials pertaining to that resident. All documents and materials
				pertaining to grievances shall be available to the Department.
(b) To initiate a grievance, the resident,
				guardian, or representative must submit an oral or written complaint to the
				administrator or his designee, who, in the event of an oral complaint, shall
				promptly reduce the substance of the complaint to writing. The administrator
				shall also promptly act to resolve the complaint. If the complaint is not
				resolved within three business days, the administrator or designee shall give a
				written response to the complainant. The content of such response shall
				include:
1. The names of the complainant and
				of the person making the written response;
2. The date the grievance was commenced and
				the date of the written response;
3. A complete description of the
				complaint;
4. The facility's
				position in regard to the complaint; and
5. A description of the review and appeal
				rights including the name and telephone number of the community ombudsman or
				state ombudsman, if there is no community ombudsman.
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-.16 - Enforcement

Current through Rules and Regulations filed through June 27, 2024
Any person or persons aggrieved because a long-term care
				  facility has violated or failed to provide any rights granted under O.C.G.A.
				  §
									31-8-100
et seq.
or these rules and regulations shall have a cause of action against such
				  facility for damages and such other relief as the court having jurisdiction of
				  the action deems proper. No person shall be prohibited from maintaining such an
				  action for failure to exhaust any rights to administrative or other relief
				  granted under O.C.G.A. §
									31-8-100
et seq.
or these rules and regulations. In addition to all other penalties or remedies
				  that may be imposed by these rules and regulations, or any state or federal
				  law, the Department is authorized to impose civil penalties as follows:
(a) If a violation has occurred, the
				Department shall order the facility to correct such violation by a specified
				date. It shall be presumed for the purposes of this section that a violation
				has occurred when any of the following findings are made:
1. An impartial referee has rendered a
				decision pursuant to subsection .14(f)3 that a violation has occurred and such
				finding is not reversed upon appeal; or
2. A hearing officer determines pursuant to
				subsection .15(f) that a violation has occurred and such finding is not
				reversed upon appeal; or
3. A
				superior court judge, pursuant to an action under O.C.G.A. §
										31-8-126, finds that a facility
				has violated or failed to provide any rights under O.C.G.A. §
										31-8-100
et seq.
,
				and such finding is not reversed upon appeal; or
4. The Department determines in any
				inspection, required or permitted by law or regulation, that a violation has
				occurred.
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 111-8-53 - RULES AND REGULATIONS FOR NARCOTIC TREATMENT PROGRAMS › Rule 111-8-53-.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 §
									26-5-2
et
				  seq.
O.C.G.A. §§
										26-5-2
et seq.
,
				  31-2-5 and
				  31-2-7.
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 111-8-53 - RULES AND REGULATIONS FOR NARCOTIC TREATMENT PROGRAMS › Rule 111-8-53-.02 - Title and Purpose

Current through Rules and Regulations filed through June 27, 2024
These rules shall be known as the Rules and Regulations for
				  Narcotic Treatment Programs. The purpose of these rules is to provide for the
				  licensing and inspection of narcotic treatment programs.
O.C.G.A. §§
										26-5-2
et seq.
,
				  31-2-5 and
				  31-2-7.
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 111-8-53 - RULES AND REGULATIONS FOR NARCOTIC TREATMENT PROGRAMS › Rule 111-8-53-.04 - Governing Body

Current through Rules and Regulations filed through June 27, 2024
Each licensed program shall have a clearly identified
				  governing body that accepts responsibility for operating the narcotic treatment
				  program in accordance with applicable laws, rules, and
				  regulations.
O.C.G.A. §§
										26-5-2
et seq.
,
				  31-2-5 and
				  31-2-7.
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 111-8-53 - RULES AND REGULATIONS FOR NARCOTIC TREATMENT PROGRAMS › Rule 111-8-53-.05 - Licenses

Current through Rules and Regulations filed through June 27, 2024
No governing body may operate a narcotic treatment program in
				  the state without first obtaining a license from the Department.
(a) License. A license will be issued, upon
				presentation of evidence satisfactory to the Department, that the program is in
				compliance with these rules and all applicable federal and state laws for the
				handling and dispensing of drugs and all state and local health, safety,
				sanitation, building, and zoning requirements. Unless suspended or revoked by
				the Department, a license shall remain in force and effect for a period
				determined by the Department based upon outcomes and a program's compliance
				history with these rules. Effective July 1, 2017, the Department shall limit
				licenses to four (4) per Region unless a waiver is approved pursuant to Rule
				111-8-53-.07(12).
(b) Compliance with Requirements of Other
				State and Federal Agencies. To obtain a license, a program must submit evidence
				satisfactory to the Department that it will operate in compliance with the
				requirements of the Substance Abuse and Mental Health Services Administration
				(SAMHSA), the Drug Enforcement Administration (DEA), the Georgia State Board of
				Pharmacy, and any other applicable federal or state agency.
(c) License is Nontransferable. A license to
				operate a narcotic treatment program is nontransferable for a change of
				location or governing body. Each license shall be returned to the Department in
				cases of changes in location or governing body or if suspended or revoked. When
				a licensee intends to relocate or there is change in governing body, it must
				notify the Department and submit an application in accordance with these rules.
				The program may be subjected to an on-site visit by the Department prior to the
				issuance of a license at the discretion of the Department.
(d) Exceptions for programs licensed prior to
				May 4, 2017. Programs licensed prior to May 4, 2017 must submit an application
				only in the event of a change of governing body or location. If such program is
				in good standing with the Department and the change of location is within the
				program's Region, the requirements of Rule
				111-8-53-.07 shall not apply except
				for 111-8-53-.07(4)(b) and
				(4)(n). Upon application for an additional
				program by a current licensee, each location operated by such licensee shall be
				inspected, except that any such location inspected within the preceding 36
				months shall be exempt from the requirement of an on-site inspection.
O.C.G.A.
				  §§
											26-5-2
et seq.
,
				  31-2-5,
				  31-2-7.
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 111-8-53 - RULES AND REGULATIONS FOR NARCOTIC TREATMENT PROGRAMS › Rule 111-8-53-.06 - Provisional Licenses

Current through Rules and Regulations filed through June 27, 2024
(1) Provisional licenses may be issued for a
				period not to exceed 90 days to the governing body of a new narcotic treatment
				program that is in substantial compliance with these rules or of an existing
				program that is in substantial compliance with these rules as a result of
				having submitted an acceptable plan of correction to the Department.
(2) A provisional license shall not be issued
				to a narcotic treatment program in which there are conditions that present an
				immediate hazard to the life, health, or safety of patients or staff.
(3) Provisional licenses shall be renewed at
				the discretion of the Department only in cases of extreme hardship and in no
				case for longer than 90 days.
O.C.G.A. §§
										26-5-2
et seq.
,
				  31-2-5 and
				  31-2-7.
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 111-8-53 - RULES AND REGULATIONS FOR NARCOTIC TREATMENT PROGRAMS › Rule 111-8-53-.11 - Physical Plant and Safety

Current through Rules and Regulations filed through June 27, 2024
(1) A program shall be in compliance with all
				applicable local health, safety, sanitation, building, and zoning
				requirements.
(2) A program shall
				be in compliance with all applicable laws and rules issued by the state fire
				marshal and the proper local fire marshal or state inspector and shall have a
				certificate of occupancy, if required.
(3) All buildings and grounds must be
				accessible by the disabled and constructed and maintained in a safe manner in
				accordance with these rules.
(4) A
				program shall have appropriate and sufficient space to meet the programmatic
				needs of its patients, and carry out the program's array of services. Such
				space must include areas conducive to privacy for dosing, counseling and group
				activities, reception/waiting areas, and bathrooms that ensure privacy for
				collection of urine specimens.
(5)
				Medications shall be separately and appropriately stored. Medical specimens and
				food will be stored separately and appropriately to prevent
				cross-contamination.
(6) Facilities
				shall have NARCAN, or other medically appropriate emergency narcotic
				antagonists, available on site when care is being provided to patients;
				and
(7) Any laboratory functions
				performed by the program shall conform to the Rules and Regulations for
				Licensure of Clinical Laboratories, Chapter 111-8-10.
O.C.G.A.
				  §§
											26-5-2
et seq.
,
				  31-2-5,
				  31-2-7.
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 111-8-53 - RULES AND REGULATIONS FOR NARCOTIC TREATMENT PROGRAMS › Rule 111-8-53-.12 - Patient Screening, Assessment, and Admission

Current through Rules and Regulations filed through June 27, 2024
(1) A program may only admit and retain
				patients whose known needs can be met by the program in accordance with its
				program purpose and description and applicable federal and state laws and
				regulations. Written policies and procedures for patient referral, intake,
				screening, assessment, and admission must be established and implemented and
				must include the following provisions or requirements.
(a) Screening. All applicants for admission
				must be initially screened by program staff to determine eligibility for
				admission. No applicant may be admitted until it has been verified that he or
				she meets all applicable criteria and that the sources and methods of
				verification have been recorded in the applicant's case folder. The screening
				process must include:
1. Verification, to the
				extent possible, of an applicant's identity, including name, address, date of
				birth, and other identifying data;
2. Drug history and current status, including
				determination and substantiation, to the extent possible, of the duration of
				substance dependence;
3. If an
				applicant has been previously discharged from treatment at another narcotic
				treatment program, the admitting program must initiate an investigation into
				the applicant's prior treatment history, inquiring of the last program attended
				the reasons for discharge from treatment;
4. If an applicant is 18 years of age or
				older, verification of dependence on opium, morphine, heroin or any derivative
				or synthetic drug of that group for a period of one year; and
5. If an applicant is under 18 years of age,
				verification that the applicant has had two documented unsuccessful attempts at
				short-term detoxification or drug-free treatment within a 12 month period to be
				eligible for maintenance treatment. No person under 18 years of age may be
				admitted to maintenance treatment unless a parent, legal guardian, or
				responsible party consents in writing to such treatment.
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 111-8-53 - RULES AND REGULATIONS FOR NARCOTIC TREATMENT PROGRAMS › Rule 111-8-53-.14 - Discharge and Aftercare Plans

Current through Rules and Regulations filed through June 27, 2024
(1) A program must complete, in accordance
				with accepted standards of practice, an individual discharge and aftercare plan
				prior to discharge for patients who leave the program with notice. The patient
				and, as applicable, his or her parents, guardian, or responsible persons must
				participate in discharge and aftercare planning.
(2) A discharge summary must be completed
				within seven days of discharge of a patient and must include a final assessment
				of the patient's status at the time of discharge and a description of aftercare
				plans for patients; and
(3) The
				program must establish and maintain a formal plan of cooperation with other
				programs in the State to allow for continuity of care for drug dependent
				persons.
O.C.G.A.
				  §§
											26-5-2
et seq.
,
				  31-2-5,
				  31-2-7.