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 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.32 - Variance and Waiver

Current through Rules and Regulations filed through June 27, 2024
(1) The Department may, in its discretion,
				grant variances and waivers of specific rules upon application or petition
				filed on forms provided by the Department. The Department may establish
				conditions which must be met by the home in order to operate under the variance
				or waiver granted.
(a)
Variance
.
				A variance may be granted by the Department upon a showing by the applicant or
				petitioner that the particular rule or regulation that is the subject of the
				variance request should not be applied as written because strict application of
				the rule would cause undue hardship. The applicant or petitioner must also show
				that adequate standards affording protection for the health, safety, and care
				of the residents exist and will be met in lieu of the exact requirements of the
				rule or regulations in question. The Department may require additional
				documentation by the home to support its application for a variance or
				waiver.
(b)
Waiver.
The Department, in its discretion, may dispense entirely with the
				enforcement of a rule or regulation by granting a waiver upon a showing by the
				applicant or petitioner that the purpose of the rule or regulation is met
				through equivalent standards affording equivalent protection for the health,
				safety, care, and rights of the residents.
(c)
Experimental Variance or
				Waiver
. The Department may grant variances and waivers to allow
				experimentation and demonstration of new and innovative approaches to delivery
				of services upon a showing by the applicant or petitioner that the intended
				protections afforded by the rule or regulation which is the subject of the
				request are met and that the innovative approach has the potential to improve
				service delivery without compromising health, safety, residents' rights, or
				other relevant standards.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.33 - Enforcement and Penalties

Current through Rules and Regulations filed through June 27, 2024
A home that fails to comply with licensing requirements
				  contained in these rules, the Rules and Regulations for the Use of Proxy
				  Caregivers, Chapter 111-8-100 as applicable and the Rules and Regulations for
				  General Licensing and Enforcement Requirements, Chapter 111-8-25, is subject to
				  civil and administrative actions brought by the Department to enforce licensing
				  requirements as provided by law and rules. Such actions will be initiated in
				  compliance with the Georgia Administrative Procedures Act, O.C.G.A. §
									50-13-1
et seq.
,
				  O.C.G.A. §
									31-2-11 and the Rules and
				  Regulations for General Licensing and Enforcement Requirements, Chapter
				  111-8-25.
O.C.G.A. §§
										31-2-7,
				  31-2-8,
				  31-7-1
et seq.
,
				  43-26-12 and
				  50-13-1
et
				  seq.
O.C.G.A. Secs.
				  31-2-7,
				  31-2-8,
				  31-2-9,
				  31-7-1,
				  31-7-2.1,
				  31-7-12,
				  43-26-12 and
				  50-13-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-62 - PERSONAL CARE HOMES › Rule 111-8-62-.34 - Severability

Current through Rules and Regulations filed through June 27, 2024
In the event that any rule, sentence, clause or phrase of any
				  of the rules and regulations may be construed by any court of competent
				  jurisdiction to be invalid, illegal, unconstitutional, or otherwise
				  unenforceable, such determination or adjudication shall in no manner affect the
				  remaining rules or portions thereof. The remaining rules or portions thereof
				  shall remain in full force and effect as if such rule or portions thereof so
				  determined, declared or adjudicated invalid or unconstitutional were not
				  originally part of these rules.
O.C.G.A. Secs.
				  31-2-7,
				  31-2-8,
				  31-2-11,
				  31-7-2.1,
				  31-7-1
et seq.
,
				  31-7-4.
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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.01 - Authority

Current through Rules and Regulations filed through June 27, 2024
The legal authority for this Chapter is found in O.C.G.A.
				  §§
									31-2-7 and Chapter 7 of Title
				  31.
O.C.G.A. §§
										31-2-4,
				  31-2-7,
				  31-2-8,
				  31-2-9 and
				  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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.02 - Purpose

Current through Rules and Regulations filed through June 27, 2024
The purpose of these rules and regulations is to establish
				  the minimum standards for the operation of personal care homes to be licensed
				  as assisted living communities. Such communities provide assisted living care
				  to adults who require varying degrees of assistance with the activities of
				  daily living but who do not require continuous medical or nursing
				  care.
O.C.G.A. §§
										31-2-7 and
				  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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.03 - Definitions

Current through Rules and Regulations filed through June 27, 2024
In these rules, unless the context otherwise requires, the
				  words, phrases and symbols set forth herein shall mean the following:
(a) "Abuse" means any intentional or grossly
				negligent act or series of acts or intentional or grossly negligent omission to
				act which causes injury to a resident, including but not limited to, assault or
				battery, failure to provide treatment or care, or sexual harassment of the
				resident.
(b) "Activities of daily
				living" means bathing, shaving, brushing teeth, combing hair, toileting,
				dressing, eating, walking, transferring from place to place, laundering,
				cleaning room, managing money, writing letters, shopping, using public
				transportation, making telephone calls, grooming, obtaining appointments,
				engaging in leisure and recreational activities, or other similar
				activities.
(c) "Administrator"
				means the manager designated by the Governing Body as responsible for the
				day-to-day management, administration and supervision of the assisted living
				community, who may also serve as the on-site manager and responsible staff
				person except during periods of his or her own absence.
(d) "Applicant" means an individual or entity
				that submits an application for licensure pursuant to these rules as described
				below:
1. When the assisted living community
				is owned by a sole proprietorship, the individual proprietor must be the
				applicant for the license, complete the statement of responsibility and serve
				as the licensee;
2. When the
				assisted living community is owned by a partnership, the general partners must
				be the applicant for the license, complete the statement of responsibility and
				serve as the licensee;
3. When the
				assisted living community is owned by an association, limited liability company
				(LLC) the governing body of the association or LLC must authorize the
				application for the license, complete the statement of responsibility and serve
				as the licensee; and
4. When the
				assisted living community is owned by a corporation, the governing body of the
				corporation must authorize the application for the license, complete the
				statement of responsibility and serve as the licensee.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.04 - Exemptions

Current through Rules and Regulations filed through June 27, 2024
These regulations do not apply to the following
				  facilities:
(a) boarding homes or
				rooming houses which provide no services other than lodging and
				meals;
(b) facilities offering
				temporary emergency shelter, such as those for the homeless and victims of
				family violence;
(c) other
				facilities, homes or residences licensed by the department which have not been
				classified as assisted living communities, e.g. community living arrangements,
				personal care homes, hospices, traumatic brain injury facilities;
(d) facilities providing residential services
				for federal, state or local correctional institutions under the jurisdiction of
				the criminal justice system;
(e)
				charitable organizations providing shelter and other services without charging
				any fee to the resident or billing any fee on behalf of the
				residents;
(f) group residences
				organized by or for persons who choose to live independently or who manage
				their own care and share the cost of services including but not limited to
				attendant care, transportation, rent, utilities and food preparation;
(g) facilities licensed by the Department of
				Behavioral Health, Developmental Disabilities and Addictive Diseases;
				or
(h) host homes as defined in
				O.C.G.A. §
									37-1-20(18).
O.C.G.A. §§
										31-2-7,
				  31-2-8,
				  31-7-1
et seq.
,
				  37-1-20 and
				  37-1-29.
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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.05 - Application for Permit

Current through Rules and Regulations filed through June 27, 2024
(1) The governing body of each assisted
				living community must submit to the Department an application for a permit in
				order to operate.
(2) The
				application for a permit must be made on forms made available by the Department
				or in a format acceptable to the Department.
(3) No application for licensure will be
				acted upon by the Department unless it has been determined to be complete and
				include all required attachments and fees due the Department as specified in
				the Rules and Regulations for General Licensing and Enforcement Requirements,
				Chapter 111-8-25.
(4) Each
				application for a permit must be accompanied by an accurate floor plan showing
				windows, doors, common areas, and resident room measurements and digital copies
				in .jpg format of pictures of the assisted living community's exterior, common
				areas and typical resident room.
(5) The name of the administrator or on-site
				manager, who will be working in the assisted living community, if known, must
				be included with the application for a permit. If such information is not known
				at the time of application, it must be provided to the Department before a
				permit will be issued.
(6) The
				ownership of the assisted living community must be fully disclosed in the
				application for a permit. In the case of corporations, partnerships, and other
				entities recognized by statute, the corporate officers and all other
				individuals or family groups owning ten percent or more of the corporate stock
				or ownership must be disclosed in the application, as well as the registered
				agent for service of process.
(7)
				Each application must include documentation of ownership or lease agreement for
				the property on which the assisted living community will be operated.
(8) The filing of an application for
				licensure constitutes a representation that the applicant is or will be in
				complete control of the community as of a specified date.
(9) Local zoning and other local requirements
				regarding the proper location and establishment of the assisted living
				community must be addressed by the applicant with the responsible local
				officials.
(10) The initial
				application for licensure shall include a financial stability affidavit from a
				certified public accountant affirming the applicant's ability to operate as a
				going concern for the next two years.
O.C.G.A.
				  §§
											31-2-7,
				  31-2-8,
				  31-2-9,
				  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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.06 - Permits

Current through Rules and Regulations filed through June 27, 2024
(1) The governing
				body of each assisted living community must obtain a valid permit from the
				Department to provide assisted living care prior to admitting any
				residents.
(2) The permit must be
				displayed on the premises in a conspicuous place that is visible to residents
				and visitors.
(3) Permits are not
				transferable from one assisted living community or location to
				another.
(4) A permit must be
				returned to the Department and is no longer valid when any of the following
				events occurs:
(a) The assisted living
				community is moved to another location which has not been licensed.
(b) The ownership of the community
				changes.
(c) The permit is
				suspended or revoked.
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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.08 - Community Leadership

Current through Rules and Regulations filed through June 27, 2024
(1) Each community must have a full-time
				administrator to provide day-to-day leadership to the community. The
				administrator must be 21 years of age or older and hold a valid license from
				the State Board of Long-Term Care Facility Administrators with an effective
				date no greater than sixty (60) days from the date of hire or July 1, 2021,
				whichever is later.
(2) The
				administrator is responsible for ensuring that the policies and procedures are
				effective and enforced to ensure compliance with these rules and community
				policies and procedures.
(3) Each
				assisted living community must have a separate administrator or on-site manager
				who works under the supervision of the administrator.
(4) The administrator or on-site manager must
				designate qualified staff as responsible staff to act on his or her behalf and
				to carry out his or her duties in the absence of the administrator or on-site
				manager.
(5) Residents must not be
				allowed to function or be counted as staff.
(6) Staff must be assigned duties consistent
				with their positions, training, experiences, and the requirements of Rule
				111-8-63-.09.
(7) The administrator is responsible for
				ensuring that the assisted living community has an effective quality assurance
				program which includes at least the following:
(a) investigating resident incidents which
				result in injuries or death in order to identify and implement opportunities
				for improvement in care;
(b)
				implementing changes made to support improved care, such as those necessary to
				minimize illness outbreaks and eliminate identified rule violations;
(c) monitoring staff performance to ensure
				that care and services are being delivered safely and in accordance with these
				rules and community policies; and
(d) obtaining and using feedback from the
				residents and representatives, at least annually, on the quality of services
				provided by the community and opportunities for improvement of
				services.
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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.09 - Workforce Qualifications, Training and Staffing

Current through Rules and Regulations filed through June 27, 2024
(1)
The on-site manager and responsible
				staff persons must be at least 21 years of age and responsible for supervising
				the provision of care by all other staff
. No staff person under the age
				of 18 is permitted to work in the assisted living community unless there is
				direct line-of-sight supervision being provided by the administrator, on-site
				manager or a responsible staff person or the staff member is at least 17 years
				of age and has successfully completed a vocational technical training track as
				a nursing assistant through a Georgia high school.
(2)
Initial Training for All
				Staff
. The administrator or on-site manager must ensure that any person
				working in the assisted living community as staff, receives training within the
				first 60 days of employment on the following:
(a) residents' rights and identification of
				conduct constituting abuse, neglect or exploitation of a resident and reporting
				requirements to include the employee's receipt of a copy of the Long-Term Care
				Facility Resident Abuse Reporting Act as outlined in O.C.G.A. §
										31-8-81 et seq.;
(b) general infection control principles
				including importance of hand hygiene in all settings and attendance policies
				when ill;
(c) training necessary to
				carry out assigned job duties; and
(d) emergency preparedness.
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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.11 - Community Design and Use Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) An assisted living community shall be
				designed, constructed, arranged, and maintained so as to provide for all of the
				following:
(a) health, safety, and well-being
				of the residents;
(b) independence,
				privacy and dignity of the residents; and
(c) safe access of all residents with varying
				degrees of functional impairments to living, dining and activity areas within
				the assisted living community.
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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.14 - Emergency Preparedness

Current through Rules and Regulations filed through June 27, 2024
(1) An assisted living community must comply
				with the requirements of Chapter 111-8-16, Rules and Regulations for Disaster
				Preparedness Plans.
(2) Building
				evacuation maps with routes of escape clearly marked must be posted
				conspicuously on each floor of the assisted living community. Assisted living
				communities must have a clearly accessible route for emergencies throughout the
				common areas of the assisted living community.
(3) The disaster preparedness plan must be
				readily accessible to staff, residents and their families at the assisted
				living community and identify the staff position(s) responsible for
				implementing the plan, obtaining necessary emergency medical attention or
				intervention for residents.
(4) The
				assisted living community must provide timely notification of the relocation
				address to the residents, their family contacts and representatives, if any,
				and the Department whenever the assisted living community must relocate the
				residents as a result of an emergency situation which disrupts the provision of
				room and board for the residents at the licensed location.
O.C.G.A.
				  §§
											31-2-7,
				  31-2-8,
				  31-7-1
et seq.
,
				  38-3-51.
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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.15 - Admission and Resident Retention

Current through Rules and Regulations filed through June 27, 2024
(1)
Resident Profile for
				Admission.
The assisted living community must determine that the
				potential residentmustmeet all of the following criteria at the time of
				admission:
(a) The resident must be an adult
				who is at least 18 years of age.
(b) The resident must not have active
				tuberculosis, or require continuous medical or nursing care and treatment or
				require physical or chemical restraints, isolation or confinement for
				behavioral control.
(c) The
				resident's physical condition must be such that the resident is capable of
				actively participating in transferring from place to place.
(d) The resident must be able to participate
				in the social and leisure activities provided in the assisted living
				community.
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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.17 - Services in the Community

Current through Rules and Regulations filed through June 27, 2024
(1) The assisted living community must
				provide assisted living, including protective care and watchful oversight,
				which meets the needs of the residents it admits and retains.
(2)
Resident Needs Assessment
.
				The assisted living community must complete an assessment of the resident that
				addresses the resident's care needs taking into account the resident's family
				supports, the resident's functional capacity relative to the activities of
				daily living, physical care needs, medical information provided, cognitive and
				behavioral impairments, if any, and personal preferences relative to care
				needs.
(3)
Written Care
				Plan
. Utilizing the information acquired during the admission process
				and the move-in adjustment period, the assisted living community must develop
				the resident's individual written care plan within 14 days of admission and
				require staff to use the care plan as a guide for the delivery of care and
				services to the resident. The care plan must include the following:
(a) a description of the resident's care and
				social needs and the services to be provided, including frequency to address
				care and social needs;
(b)
				resident's particular preferences regarding care, activities and
				interests;
(c) specific behaviors
				to be addressed with interventions to be used;
(d) any physician order or order of a nurse
				practitioner or physician assistant working under protocol or job description,
				respectively for assistive devices;
(e) staff primarily responsible for
				implementing the care plan;
(f)
				evidence of family involvement in the development of the plan when appropriate;
				and
(g) evidence of the care plan
				being updated at least annually and more frequently where the needs of the
				resident change substantially or the resident is assigned to a memory care
				center.
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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.18 - Precautions for Residents at Risk of Elopement

Current through Rules and Regulations filed through June 27, 2024
(1) An assisted living community which serves
				residents with cognitive deficits which place the residents at risk of eloping,
				i.e. engaging in unsafe wandering activities outside the assisted living
				community must do the following:
(a) Develop,
				train and enforce policies and procedures for staff to deal with residents who
				may wander away from the assisted living community including what actions, are
				to be taken if a resident wanders away (elopes) from the assisted living
				community.
(b) Utilize appropriate
				effective safety devices, which do not impede the residents' rights to mobility
				and activity choice or violate fire safety standards, to protect the residents
				who are at risk of eloping from the premises.
1. If the safety devices include magnetic
				locks used on exit doors, as approved by the fire marshal having jurisdiction
				over the assisted living community, then the locking device shall be electronic
				and release whenever the following occurs: activation of the fire alarm or
				sprinkler system, power failure to the assisted living community or by-pass for
				routine use by the public and staff for service using a key button/key pad
				located at the exit or continuous pressure for thirty (30) seconds or
				less.
2. If the safety devices
				include the use of keypads to lock and unlock exits, then directions for their
				operations shall be posted on the outside of the door to allow individuals'
				access to the unit. However, if the unit is a whole assisted living community,
				then directions for the operation of the locks need not be posted on the
				outside of the door. The units must not have entrance and exit doors that are
				closed with non-electronic keyed locks nor shall a door with a keyed lock be
				placed between a resident and the exit.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.19 - Additional Requirements for Certified Memory Care Centers

Current through Rules and Regulations filed through June 27, 2024
(1) In addition to
				all other requirements contained in this Chapter, where an assisted living
				community holds itself out as providing additional or specialized care to
				persons with probable diagnoses of Alzheimer's Disease or other dementia, or
				charges rates in excess of that charged other residents for the provision of
				additional or specialized care, the assisted living community must meet the
				following requirements:
(a)
Written
				Description
. The assisted living community must include in its licensed
				residential care profile an accurate written description of the memory care
				center that includes the following:
1. a
				statement of philosophy and mission;
2. how the services and activities of the
				memory care center are different from those provided in the rest of the
				assisted living community;
3.
				staffing including job titles of staff who work in the center, staff training
				and continuing education requirements;
4. admission procedures, including screening
				criteria;
5. assessment and service
				planning protocol, including criteria to be used that would trigger a
				reassessment of the resident's status before the customary quarterly
				review;
6. staffing patterns,
				including the ratio of direct care staff to resident for a 24-hour cycle, and a
				description of how the staffing pattern differs from that of the rest of the
				program;
7. a description of the
				physical environment including safety and security features;
8. a description of activities, including
				frequency and type, and how the activities meet the needs of residents with
				dementia,
9. the program's fee or
				fee structure for all services provided by the center or assisted living
				community;
10. the discharge
				criteria and procedures;
11. the
				procedures that will be utilized for handling emergency situations;
				and
12. the involvement of the
				center with families and family support programs.
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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.20 - Medications

Current through Rules and Regulations filed through June 27, 2024
(1)
Self-Administration of Medications.
Residents who have the
				cognitive and functional capacities to engage in the self-administration of
				medications safely and independently without staff assistance or supervision
				must be allowed to store their own medications securely and self-administer
				medications if they so desire.
(2)
Assistance with Self-Administration.
An assisted living community
				must provide assistance with or supervision of self-administered medications to
				those residents who have the cognitive capacity to engage in the
				self-administration of medications, but require or request staff assistance
				with or supervision of the self-administration of medications for safety or
				convenience.
(a) Such staff assistance with
				or supervision of self-administered medications may only be provided for unit
				or multi-dose packaged medications prescribed for the particular resident and
				may include only the following tasks:
1.
				taking the medication, in its previously dispensed, properly labeled container,
				from where it is stored, and bringing the medication to the resident;
2. reading the label, opening the container,
				removing a prescribed amount of medication from the container, and closing the
				container, in the presence of the resident;
3. placing an oral dosage in the resident's
				hand or placing the dosage in another container where the resident requests
				assistance;
4. applying topical
				medications;
5. returning the
				medication container to proper secured storage; and
6. assisting the resident's use of an EPI pen
				where the resident has known severe allergies for which an EPI pen has been
				prescribed on condition that there is an established written protocol detailing
				how it is to be used and when. The protocol must include immediately calling
				Emergency Services, 911, after any use of the EPI pen.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.21 - Nutrition and Food Preparation

Current through Rules and Regulations filed through June 27, 2024
(1)
Regularly Scheduled Meals.
The assisted living community must provide a minimum of three regularly
				scheduled well-balanced meals per day seven days a week which meet the
				nutritional needs of residents, and must provide therapeutic diets as ordered
				by the residents' healthcare providers for residents that require special
				diets. There must be no more than fourteen hours elapsing between the scheduled
				evening and morning meals.
(2)
Nutritious Meals.
Meals must meet the general requirements for
				nutrition adjusted for age, sex and activity, currently found in the
				Recommended Daily Diet Allowances, Food and Nutrition Board, National Academy
				of Sciences.
(3)
Snacks.
Food for at least one nutritious snack must be available
				and offered each day in addition to the regularly scheduled meals. Snacks are
				not considered to be meals for the purposes of calculating the time between
				meals.
(4)
Wholesome
				Food.
Food received or used in an assisted living community must be
				clean, wholesome, free from spoilage, adulteration, and misbranding, and safe
				for human consumption.
(5)
Proper Handling of Food.
All foods while being stored, prepared
				and served must be protected from spoilage and contamination and be safe for
				human consumption. At a minimum to protect from spoilage and contamination, the
				assisted living community must do all of the following:
(a) Store perishable foods, such as but not
				limited to meat, fish, eggs, dairy products, juices at temperatures that will
				minimize spoilage, i.e. at or below 41 degrees F.
(b) Thaw frozen foods properly, i.e. in the
				refrigerator or under cold running water with an unplugged sink.
(c) Provide hot and cold running water and
				sanitizing agents and ensure that they are used appropriately in the kitchen to
				clean and sanitize food, hands and utensils as required for safe food
				preparation.
(d) Prevent
				cross-contamination of foods via hands, cutting boards or utensils during
				preparation.
(e) Ensure that hot
				foods leave the kitchen (pot, steam table, etc.) for serving at or above 140
				degrees F. and that cold foods leave the kitchen for serving at or below 41
				degrees F.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.22 - Temperature Control

Current through Rules and Regulations filed through June 27, 2024
(1) The temperature throughout the assisted
				living community must be maintained by an adequate central heating and cooling
				system or its equivalent at ranges which are consistent with individual health
				needs of residents and provides a comfortable environment for the
				residents.
(2) Temperatures in the
				assisted living community must not fall below 62 degrees F during sleeping
				hours or above 85 degrees F during the day. Mechanical cooling devices shall be
				made available for use in those areas of the building used by residents when
				inside temperatures exceed 80 degrees F.
(3) Where a power outage or mechanical
				failure impacting the ability of the assisted living community to maintain
				these temperature ranges occurs, the assisted living community must take
				immediate action to provide for the health and safety of the residents,
				including but not limited to, arranging immediately for a service call,
				providing additional blankets or fans or utilizing an emergency power generator
				in accordance with the assisted living community's emergency preparedness
				plan.
O.C.G.A. §§
										31-2-7,
				  31-2-8 and
				  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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.23 - Infection Control, Sanitation and Supplies

Current through Rules and Regulations filed through June 27, 2024
(1) The assisted living community must have
				an effective infection control program which includes, at a minimum, the
				following:
(a) training provided to staff on
				effective measures for minimizing the spread of infections and food borne
				illnesses;
(b) responding to
				disease outbreaks appropriately and participating in infection control
				investigations;
(c) staff
				demonstrating their understanding and use of proper infection control practices
				in their delivery of care to the residents;
(d) enforcing work and return to work
				policies to minimize the spread of infection and illnesses; and
(e) implementing the additional infection
				control requirements set forth in the Rules and Regulations for Disaster
				Preparedness Plans, Chapter 111-8-16, regarding pandemic plans, supplies and
				policies and procedures.
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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.26 - Procedures for Change in Resident's Condition

Current through Rules and Regulations filed through June 27, 2024
(1) In case of an accident or sudden adverse
				change in a resident's condition or adjustment, an assisted living community
				must immediately take the actions appropriate to the specific circumstances to
				address the needs of the resident, including notifying the representative or
				legal surrogate, if any. The assisted living community must retain a record of
				all such adverse changes and the assisted living community's response in the
				resident's files.
(2) Where the
				sudden change in the resident's condition causes the resident to become
				unresponsive, the assisted living community must immediately take one of the
				following actions:
(a) If the resident is
				enrolled in a licensed hospice and has a specific hospice plan of care, the
				assisted living community must contact the hospice for directions regarding the
				care to be provided. If the hospice staff is not available to provide
				direction, then the assisted living community must immediately contact the
				duly-appointed health care agent for direction. If no health care agent has
				been appointed or is not available, then the assisted living community must
				immediately contact emergency medical services to arrange for emergency
				transport and must initiate cardiopulmonary resuscitation if no DNR order has
				been written.
(b) If the resident
				has a valid Do Not Resuscitate (DNR) order readily available, the caregiver may
				effectuate the DNR order if done in good faith.
(c) If the resident has appointed a health
				care agent in a living will, durable power of attorney for health care or an
				advance directive for health care which complies with the requirements of
				O.C.G.A. §
										31-32-1
et
				seq.
,then the assisted living community must immediately contact the
				health care agent for directions regarding the care to be provided. Where the
				health care agent is not immediately available and there is no valid DNR order
				for the resident, the assisted living community must immediately contact
				emergency medical services to arrange for emergency transport and must initiate
				cardiopulmonary resuscitation.
(d)
				If the resident is not enrolled in hospice, and does not have either a DNR or
				an advance directive, then the staff of the assisted living community must
				immediately contact emergency medical services to arrange for emergency
				transport and must initiate cardiopulmonary resuscitation where it is not
				obvious from physical observation of the resident's body (e.g. body is stiff,
				cool to the touch, blue or grayish in color, etc.) that such efforts would be
				futile and there is not a physician, or authorized registered nurse or
				physician's assistant on site to assess and provide other direction.
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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.27 - Death of a Resident

Current through Rules and Regulations filed through June 27, 2024
(1) Should a resident die while in the
				assisted living community, the administrator, on-site manager or designated
				staff must immediately notify the resident's physician, the next of kin, and
				the representative or legal surrogate, if any, and appropriate law enforcement
				authorities where the law so requires, such as in the case of a sudden or
				unexpected death.
(2) Upon death of
				the resident, the assisted living community must refund to the representative
				or legal surrogate, if any, any security deposit made to the assisted living
				community by or on behalf of the resident in compliance with O.C.G.A. §
									44-7-30
et
				seq.
O.C.G.A. §§
										31-2-7,
				  31-2-8,
				  31-7-1
et seq.
and
				  44-7-30
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.28 - Immediate Transfers of Residents

Current through Rules and Regulations filed through June 27, 2024
(1) The administrator or on-site manager of
				the assisted living community must initiate an immediate transfer to an
				appropriate setting if the resident develops a physical or mental condition
				requiring continuous medical care or nursing care.
(2) Where immediate transfer is required to
				be made, the administrator or on-site manager shall make arrangements for
				transfer in accordance with the admission agreement and must transfer the
				resident to an appropriate setting where the resident's needs can be met. Prior
				to making such transfer, the administrator or on-site manager shall:
(a) inform the resident and representative or
				legal surrogate, if any, of the reason for the immediate transfer;
(b) inquire as to any preference of the
				resident and representative or legal surrogate, if any, regarding the
				appropriate setting to which the resident is to be transferred;
(c) inform the representative or legal
				surrogate, if any, of the resident's choice regarding such transfer;
(d) inform the resident and the
				representative or legal surrogate, if any, of the place to which the resident
				is to be discharged;
(e) provide a
				copy of the resident file to the receiving setting within 24 hours of transfer;
				and
(f) document in the resident's
				file the following:
1. the reason for the
				immediate transfer;
2. the fact
				that the resident and the representative or legal surrogate, if anywhere
				informed pursuant to this paragraph; and
3. appropriate location and contact
				information regarding the place to which the resident is to be transferred or
				discharged.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.29 - Discharge or Transfer of Residents

Current through Rules and Regulations filed through June 27, 2024
(1) Each admission agreement shall include a
				written procedure for handling the discharge and transfer of the resident. The
				administrator or on-site manager must contact the representative or legal
				surrogate, if any, when there is need to discharge or transfer of a resident.
				The community must provide 30 days' written notice of its intent to discharge
				or transfer the resident unless an immediate transfer is required. The written
				notice must be issued to both the resident and the representative or legal
				surrogate, if any.
(2) In all cases
				except those requiring immediate transfer pursuant to Rule
				111-8-63-.28, residents whose needs
				cannot be met by the assisted living community or who no longer choose to live
				in the assisted living community must be discharged or transferred to an
				appropriate facility or other appropriate setting in accordance with the
				resident's, representative or legal surrogate's wishes based on discharge and
				transfer procedures entered into at the time of admission. Where there is no
				representative or legal surrogate or the representative or legal surrogate is
				unwilling to act to consent to the discharge or transfer, the administrator or
				on-site manager must petition the probate court in the county where the
				assisted living community is located for an order authorizing the discharge or
				transfer. The transferring assisted living community must provide a copy of the
				resident file to the receiving facility prior to or at the time of
				transfer.
(3) Where the Department
				has reason to believe that a resident is receiving or requires continuous
				medical or nursing care, other than as permitted by a certified medication
				aide, the Department may require the assisted living community to discharge the
				resident. However, the provision of medical, nursing or health services
				required by the resident on a periodic basis or for a short-term illness, where
				such services are not provided by the assisted living community is
				permissible.
(4) Upon discharge or
				transfer of the resident, the assisted living community must refund to the
				resident or representative or legal surrogate, if any, any security deposit
				made to the assisted living community by or on behalf of the resident in
				compliance with O.C.G.A. §
									44-7-30
et
				seq.
O.C.G.A. §§
										31-2-7,
				  31-2-8,
				  31-7-1
et seq.
,
				  31-36A-7 and
				  44-7-30
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.30 - Reports to the Department

Current through Rules and Regulations filed through June 27, 2024
(1) The staff of the assisted living
				community must call the local police department to report the elopement of any
				resident from the assisted living community within 30 minutes of the staff
				receiving actual knowledge that such person is missing from the assisted living
				community in accordance with the Mattie's Call Act and the requirements set
				forth in O.C.G.A. §
									35-3-170
et seq.
The assisted living community shall also report the initiation and
				discontinuation of a Mattie's call to the Department within thirty (30) minutes
				of communications with local law enforcement authorities having
				occurred.
(2) Whenever a serious
				incident involving a resident occurs, the assisted living community must report
				in a format acceptable to the Department either within 24 hours after the
				incident has occurred, or the assisted living community has reasonable cause to
				believe that a reportable incident involving a resident has occurred. The
				serious incidents that must be reported to the Department include the
				following:
(a) any accidental or
				unanticipated death not directly related to the natural course of the
				resident's underlying medical condition;
(b) any serious injury to a resident that
				requires medical attention;
(c) any
				rape, assault, any battery on a resident, or any abuse, neglect, or
				exploitation of a Resident in accordance with the Long Term Care Resident Abuse
				Reporting Act O.C.G.A. §
										31-8-80
et
				seq.;
(d) an external
				disaster or other emergency situation that affects the continued safe operation
				of the residence; and
(e) when an
				owner, director or employee acquires a criminal record as defined in these
				rules.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.31 - Deemed Status

Current through Rules and Regulations filed through June 27, 2024
The Department may accept the certification or accreditation
				  of an assisted living community by an accreditation body or certifying
				  authority recognized and approved by the Department provided that certification
				  or accreditation constitutes compliance with standards that are substantially
				  equivalent to these rules. Nothing herein shall prohibit any departmental
				  inspection to determine compliance with licensure rules.
O.C.G.A. §§
										31-7-1 and
				  31-7-3(b).