reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.14 - Staffing

Current through Rules and Regulations filed through June 27,
				2024
(1) The Community
				Living Arrangement shall have as many qualified and trained employees on duty
				as shall be needed to safeguard properly the health, safety, and welfare of
				residents and ensure the provision of services the residents require to be
				delivered in the Community Living Arrangement. The Community Living Arrangement
				must maintain a staffing ratio sufficient to ensure that all residents can be
				evacuated from the residence within three minutes.
(2) If residents are in the residence and
				staff are not present within the residence, the individual service plan for
				each resident must support evidence of assessment regarding capacity to be
				independent within the residence.
(3) All Community Living Arrangements must
				maintain a monthly plan for specific staff coverage in advance of the month, a
				record of actual staff coverage, and a plan for provision of all required
				services.
(4) For purposes of these
				rules, a resident shall not be considered a staff person in the residence in
				which they live. The Community Living Arrangement shall not require any
				resident to perform tasks that are ordinarily considered staff
				responsibilities, unless there is documentation in the individual service plan
				of the resident, or elsewhere, that indicates that participation of the
				resident is voluntary and appropriate.
O.C.G.A. Secs.
				  31-7-1
et seq.
,
				  37-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.15 - Personnel

Current through Rules and Regulations filed through June 27,
				2024
(1) The
				administrator for the Community Living Arrangement shall be at least 21 years
				of age and shall be qualified by training and experience to operate competently
				the Community Living Arrangement in accordance with these rules.
(2) All staff members working in Community
				Living Arrangements shall be at least 18 years of age and shall be able and
				qualified by training or experience to carry out all duties and
				responsibilities of the job competently.
(3) The administrator for the Community
				Living Arrangement agency or residence shall ensure that any staff member who
				interacts with residents, under contract or otherwise, receives work-related
				training acceptable to the Department. At no time may a staff member be allowed
				to work alone with residents until all minimum required training has been
				completed, including documented evidence of that staff member's competence in
				each topic area.
(a) Prior to having any
				contact with residents, each staff member shall be trained and show continuing
				evidence of competence in:
1. Rights and
				responsibilities of residents according to these rules; and
2. Requirements that staff recognize and
				immediately report suspected abuse, neglect, or exploitation of any resident or
				former resident to the Department and to appropriate law enforcement
				agencies.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.16 - Admission

Current through Rules and Regulations filed through June 27,
				2024
(1) Community
				Living Arrangements shall not admit or retain a resident whose care
				requirements are beyond that which the residence is able to support.
(2) The Community Living Arrangement
				administrator or his or her designee shall conduct a complete review of all
				medical, physical, behavioral, and social health documentation as part of the
				personal interview process. If the individual is not currently enrolled in
				another Division of MHDDAD funded service, or if documentation is not
				available, an appropriate health care professional shall conduct an assessment
				of the individual to assist the administrator or his or her designee in
				determining whether the Community Living Arrangement can meet the individual's
				needs.
(3) The Community Living
				Arrangement administrator shall conduct an interview with the individual
				requesting services and, as authorized by the individual, the individual's
				legally authorized representative or legal guardian, if any, to ascertain that
				the residence can meet the individual's needs.
(4) The administrator or site manager shall
				require the individual to provide the residence with a report of a physical
				examination from a licensed physician or other health care professional
				authorized by law dated within 12 months prior to the date of admission.
				Additionally, the report shall indicate that the individual shall be free of
				signs or symptoms of any infectious disease that is likely to be
				transmitted.
(5) The results of a
				satisfactory screening for tuberculosis of the individual by a health care
				professional or licensed practical nurse authorized by law dated within 12
				months prior to the date of admission shall be documented in the individual's
				file prior to admission.
(6) The
				Community Living Arrangement shall not provide residential services to
				individuals whose services are not authorized and reimbursed, in whole or in
				part, by the Division of Mental Health, Developmental Disabilities, and
				Addictive Diseases of the Department of Human Resources.
O.C.G.A. Secs.
				  31-7-1
et seq.
,
				  37-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.17 - Admission Agreement

Current through Rules and Regulations filed
				through June 27, 2024
(1) A written admission agreement shall be
				entered into between the governing body and the resident. Such agreement shall
				be signed by a representative of the Community Living Arrangement, the
				resident, and the resident's legally authorized representative or legal
				guardian, if any, and shall contain the following:
(a) A statement of all services to be
				delivered, all associated fees or charges and how fees or charges shall be
				assessed.
(b) A statement that the
				resident and his or her representative or legal guardian, if any, shall be
				informed, in writing, at least 60 days prior to changes in charges or
				services;
(c) A statement of the
				residence's refund policy when a resident is transferred, is discharged, or
				dies;
(d) A statement about the
				responsibility assumed, if any, by the Community Living Arrangement for the
				resident's valuables and other personal belongings; and
(e) A copy of expectations regarding
				cooperative living, which must be in writing, with evidence of review by the
				resident and the resident's representative or legal guardian, if any.
				Expectations regarding cooperative living may not violate the rights and
				responsibilities of the resident enumerated in Section
				.19 of these rules. Expectations
				shall include, but not be limited to, a statement about sharing of common space
				and other resources, expectations regarding the use of tobacco and alcohol, and
				explanation regarding items, if any, prohibited by the Community Living
				Arrangement.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.19 - Residents Rights

Current through Rules and Regulations filed
				through June 27, 2024
(1) Rules and Regulations for Clients'
				Rights, Chapter 290-4-9 shall be followed.
(2) Residents shall have the following rights
				concerning the community ombudsman program currently being operated by the
				State Long-term Care Ombudsman:
(a) All
				residents shall have the right to complain to the state or community ombudsman
				designated by the Department to receive, investigate, refer, and attempt to
				resolve such complaints concerning any act, omission to act, practice, policy,
				or procedure that may adversely affect the health, safety, or welfare of any
				resident;
(b) The resident shall
				have the right to participate in planning any course of action to be taken on
				his or her behalf by the designated state or community ombudsman, and the
				resident shall have the right to approve or disapprove any proposed action to
				be taken on his or her behalf by such ombudsman;
(c) The resident shall have the right to
				report to the designated state or community ombudsman any suspicion that a
				resident of a Community Living Arrangement is being, or has been, abused,
				neglected, exploited, or abandoned or is in a condition which is the result of
				abuse, neglect, exploitation, or abandonment. Where the subject of the
				investigation involves suspected abuse, neglect, or exploitation of a resident,
				the resident shall have the right to communicate with the designated state or
				community ombudsman in a private and confidential setting notwithstanding any
				objection by the resident's representative or legal guardian, if any;
(d) The resident shall have the right to
				confidentiality of his or her identity with respect to any investigation
				conducted by the designated state or community ombudsman. The identity of any
				complainant, resident on whose behalf a complaint is made, or individual
				providing information on behalf of the resident or complainant relevant to the
				investigation of a complaint shall be confidential and may be disclosed only
				with the express permission of such person or his or her legally authorized
				representative or legal guardian, if any; and
(e) The resident shall have the right to be
				free from discrimination and retaliation due to any complaint or report made to
				the designated state or community ombudsman. No Community Living Arrangement
				shall discriminate or retaliate in any manner against any resident, his or her
				relative, or his or her representative or legal guardian, if any, any staff
				member of a Community Living Arrangement, or any other person because of the
				making of a complaint in good faith or providing of information in good faith
				to the designated state or community ombudsman.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.20 - Medications

Current through Rules and Regulations filed through June 27,
				2024
(1) All medications
				required by a resident in a Community Living Arrangement shall be administered
				appropriately and only in accordance with a physician's order. Where a resident
				does not have the capacity to self-administer the medications, a licensed
				nurse, physician's assistant, or other certified staff as determined by the
				Division of MHDDAD shall administer the medications.
(2) Notwithstanding other provisions of these
				rules to the contrary, a staff member who is not a licensed nurse or
				physician's assistant may appropriately administer epinephrine for
				analphylactic reaction, insulin required for diabetes, suppositories for
				ameliorating serious seizure activity, and medications through a nebulizer
				under the following conditions:
(a) The
				Community Living Arrangement shall have written protocol for the administration
				of the medication as ordered by a physician for a resident;
(b) The staff shall have been trained by a
				licensed nurse or physician's assistant in the written protocol and proper
				technique for the administration of the medication as ordered by a physician
				for a resident;
(c) The written
				protocol and staff training shall be updated annually; and
(d) A licensed nurse or physician's assistant
				shall verify the training and ability of the unlicensed staff member by signing
				and dating a copy of the written protocol. The signed and dated copy shall be
				kept in the file of the staff member.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.21 - Medical Protection Devices and Adaptive Support Devices

Current through Rules and Regulations filed through June 27,
				2024
(1) Medical
				protection devices and adaptive support devices are designed to facilitate and
				not impede the resident's participation in usual activities of daily living.
				Medical protection devices and adaptive support devices shall be used
				appropriately as treatment interventions only where less restrictive methods
				and devices have been evaluated and determined to be inappropriate and so
				documented.
(2) Where medical
				protection devices and adaptive support devices have been determined to be the
				least restrictive alternative in accordance with subparagraph (1) above, the
				following steps shall be taken prior to use:
(a) An appropriate health care professional
				conducts an assessment, a copy of which shall be kept in the resident's file,
				that describes and supports the specific needs for the device(s);
(b) An order shall be written by a physician
				for the use of the device and shall be filed in the resident's record. The
				order shall be for no longer than 180 days or six calendar months. The order
				shall include the type of device, the rationale for its use, the duration of
				its use, a plan for reduction in its use, and appropriate instructions for
				release and monitoring of its use. Reordering the device's use shall be
				preceded by the physician's physical examination of the resident;
(c) The proposed use of the device is
				discussed in advance with the resident and his or her legally authorized
				representative or legal guardian, if any;
(d) The use of the device shall be
				specifically authorized in the individual service plan; and
(e) Staff shall be trained in the application
				of the device and the care of the residents to whom they are applied.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.22 - Use of Personal Restraints and Quiet Time

Current through
				Rules and Regulations filed through June 27, 2024
(1) The Community Living Arrangement shall
				have and enforce effective procedures to minimize to the greatest extent
				possible the use of personal restraints. The use of personal restraints shall
				be specified in the individual service plan and shall be used as a safety
				intervention solely for the purposes of protecting the safety of the resident
				or other persons in the residence after a hierarchy of appropriate
				interventions have been utilized in the situation and the resident continues to
				be a danger to self or other persons in the residence.
(2) Prior to the use of personal restraints,
				Community Living Arrangements shall have evidence that an appropriate plan is
				in place in the event emergency care is required.
(3) All interventions utilized but not
				effective prior to the use of personal restraints must be documented in the
				sequence used and identified as to the staff member conducting the
				intervention.
(4) The length of
				time permitted to use personal restraints for any one episode shall not exceed
				one hour. Consecutive periods of personal restraints, which have the effect of
				restraining the resident in excess of one hour, are not permitted.
(5) In the event that personal restraints are
				used, the resident shall be cared for in the following way:
(a) During the use of personal restraints,
				the door to the room shall be left open. The physical and emotional status of
				the resident shall be checked at least every 15 minutes by staff members
				trained in the use of personal restraint, and a written record of these checks
				and all other activities shall be made. The personal restraint pressure sites
				should be checked every 15 minutes for evidence of swelling or
				abrasion;
(b) When personal
				restraints are used, the resident shall be spoken to, checked for indications
				of obvious physical distress, offered water, and provided an opportunity to
				meet his or her need to urinate and defecate as needed or at least one time
				during the episode unless the resident is asleep or his or her condition does
				not permit; and
(c) The resident
				shall be provided an opportunity to eat if the application of personal
				restraints occurs during meals. If the resident is unable to participate in the
				meal, the resident will be offered food immediately following the personal
				restraint episode.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.23 - Nutrition

Current through Rules and Regulations filed through June 27,
				2024
(1) A minimum of
				three regularly scheduled, well-balanced meals shall be available seven days a
				week. Meals shall be served in the early morning, at midday, and the evening,
				with the last meal taking place no earlier than 5:00 P.M. Meals shall meet the
				general requirements for nutrition published by the Department or currently
				found in the Recommended Daily Diet Allowances, Food and Nutrition Board,
				National Academy of Sciences or a diet established by a registered dietitian.
				Meals shall be of sufficient and proper quantity, form, consistency, and
				temperature. Food for at least one nutritious snack shall be available and
				offered mid-afternoon and evening. All food groups shall be available within
				the residence and represented on the daily menu.
(2) All foods, while being stored, prepared,
				or served, shall be protected against contamination and be safe for human
				consumption in accordance with accepted standards for food safety.
(3) Food received or used in a Community
				Living Arrangement shall be clean, wholesome, free from spoilage, adulteration,
				and misbranding, and safe for human consumption.
(4) A residence shall have a properly
				equipped kitchen to prepare regularly scheduled, well-balanced meals unless it
				arranges for meals to be provided by a permitted food service
				establishment.
(5) A residence
				shall maintain a three-day supply of non-perishable foods for emergency
				needs.
(6) A residence shall
				arrange for and serve special diets as prescribed.
(7) The Community Living Arrangement shall
				show evidence of individual choice and participation in the planning of meals,
				as appropriate. Records of the meals as served shall be kept on file for 30
				days for review by the Department.
O.C.G.A. Secs.
				  31-7-1
et seq.
,
				  37-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.24 - Procedures for Change in Condition or Serious or Unusual Incident

Current through Rules and Regulations filed through June 27,
				2024
(1) In case of an
				accident or adverse change in the condition of a resident, the residence shall
				immediately obtain needed care and notify the resident's emergency contact,
				representative or legal guardian, if any.
(2) In case of an accident or adverse change
				in the condition of a resident, the Community Living Arrangement administrator
				or designee shall conduct an immediate investigation to determine the cause and
				shall follow Division of MHDDAD protocol on reporting serious or unusual
				incidents.
(3) A summary of the
				incident, including follow-up and notifications, shall be documented.
O.C.G.A. Secs.
				  31-7-1
et seq.
,
				  37-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.25 - Death of a Resident

Current through Rules and Regulations filed
				through June 27, 2024
Should a resident die while in the residence or while at
				  another location when still a resident of the Community Living Arrangement, the
				  resident shall immediately notify the resident's next of kin, physician, and
				  representative or legal guardian, if any. Statutes applicable to the reporting
				  of death and reports that must accompany the deceased shall be observed. The
				  residence shall report the death to the Office of Regulatory Services of the
				  Department of Human Resources within 24 hours and follow Department policy and
				  Division of MHDDAD protocol on reporting deaths.
O.C.G.A. Secs.
				  31-7-1
et seq.
,
				  37-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.26 - Discharge or Transfer of a Resident

Current through Rules and
				Regulations filed through June 27, 2024
(1) Each admission agreement shall include a
				written procedure for handling discharge and transfer of the resident that
				complies with these rules. Thirty days' written notice, including the reason
				for the proposed discharge or transfer, shall be given to both the resident and
				his or her representative or legal guardian, if any, prior to discharge or
				transfer of the resident except where an expedited transfer or discharge
				planning process is initiated, per Section .27 of these rules.
(2) The applicable regional office of the
				Division of MHDDAD shall be copied on the notice provided to the
				resident.
(3) The Department may
				require an appropriate physical examination and psychosocial assessment of a
				resident at any time when the Department has reason to believe that the needs
				of a resident are not being met.
(4) In all cases, except those requiring
				expedited transfer, residents whose needs cannot be met by the residence or who
				no longer choose to live in the residence shall be discharged or transferred to
				an appropriate residence based on discharge and transfer procedures entered
				into at the time of admission. For such discharge or transfer, a 30 day written
				notice shall be given to both the resident and his or her representative or
				legal guardian, if any, except when transfer is necessitated by a change in
				physical or mental condition as specified in these rules.
(5) The residence shall notify the Division
				of MHDDAD for the county in which residence is located and other appropriate
				agencies when transfer assistance is needed and no legally authorized
				representative or legal guardian is willing to provide assistance.
O.C.G.A. Secs.
				  31-7-1
et seq.
,
				  37-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.27 - Expedited Transfer or Discharge Planning

Current through Rules
				and Regulations filed through June 27, 2024
(1) A Community Living Arrangement may
				initiate an expedited transfer or discharge planning process to relocate a
				resident immediately from the residence if the resident develops a physical or
				mental condition requiring continuous medical care or nursing care, beyond that
				for which the Community Living Arrangement is capable of providing care, or if
				the condition or continuing behavior of a resident directly and substantially
				threatens the health, safety, or welfare of that resident or any other
				resident.
(2) As appropriate, the
				expedited transfer or discharge planning process shall involve the resident (if
				he or she is able to participate), the treatment team, a family member or a
				friend who has been active with the resident, a representative from the
				regional MHDDAD office, and, as appropriate, the resident's representative or
				legal guardian, if any.
(3) In all
				cases where an expedited transfer or discharge is to be made, the residence
				shall transfer the resident to an appropriate facility or service provider
				where the needs of the resident can be met. Prior to making such transfer or
				discharge, the administrator or site manager shall:
(a) Notify the resident and his or her
				representative or legal guardian, if any, of the reason for the immediate
				transfer;
(b) Inquire as to any
				preference of the resident and his or her legally authorized representative or
				legal guardian, if any, regarding the facility or service provider to which the
				resident is to be discharged or transferred;
(c) Inform the resident and his or her
				representative or legal guardian, if any, about resident rights and choice
				regarding the proposed discharge or transfer; and
(d) Inform the resident and his or her
				representative or legal guardian, if any, of the place to which the resident is
				to be discharged or transferred.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.28 - Application for License

Current through Rules and Regulations
				filed through June 27, 2024
(1) The governing body of the Community
				Living Arrangement shall submit to the Department an application for a license
				to operate under these rules. No Community Living Arrangement shall operate or
				provide services to residents without a valid license issued by the
				Department.
(2) The application for
				a license shall be made on forms provided by the Department.
(3) The following shall accompany the
				application for a license to operate a Community Living Arrangement:
(a) A fingerprint records check application
				for the administrator or site manager;
(b) A copy of the application submitted to
				the Department's Office of Human Resource Management that has been submitted
				within the year immediately preceding the date of application for licensure as
				a Community Living Arrangement shall be submitted unless the administrator or
				director was serving as an administrator or site manager of a personal care
				home immediately prior to application for the Community Living Arrangement
				license and has a satisfactory fingerprint criminal history background check on
				file with the Department;
(c)
				Evidence of a satisfactory Georgia Crime Information Center (GCIC) state
				criminal history background check done by local law enforcement authorities for
				the administrator or site manager shall accompany the application.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.29 - Licenses

Current through Rules and Regulations filed through June 27,
				2024
(1) The governing
				body of each Community Living Arrangement shall obtain a valid license or
				provisional license from the Department prior to beginning operation. To be
				eligible for a license the residence must be in compliance with these
				rules.
(2) The license shall be
				available within the residence.
(3)
				Licenses are not transferable from one residence to another.
(4) A license shall no longer be valid and
				shall be returned to the Department when the residence ceases to operate or is
				moved to another location, the ownership changes, the governing body is
				significantly changed, the service requirement changes, or the license is
				suspended or revoked.
(5) A license
				shall be required for each residence located on different premises where more
				than one residence is operated under the same governing body.
(6) A Community Living Arrangement shall not
				exceed its licensed capacity. The licensed capacity of a Community Living
				Arrangement shall not exceed six residents except under the following
				circumstances:
(a) The Division of Mental
				Health, Developmental Disabilities, and Addictive Diseases limits its funding
				of residents to a lesser number; or
(b)
1. The
				Division of Mental Health, Developmental Disabilities, and Addictive Diseases
				authorizes, under special circumstances, the placement and funding of one or
				more additional residents in the Community Living Arrangement; and
2. Pursuant to authorization by the Division
				of Mental Health, Developmental Disabilities, and Addictive Diseases, the
				Community Living Arrangement makes direct application to the Office of
				Regulatory Services of the Department of Human Resources to increase the
				licensed capacity for a Community Living Arrangement; and
3. The Office of Regulatory Services approves
				the increase in licensed capacity based upon the written authorization of the
				Division of Mental Health, Developmental Disabilities, and Addictive Diseases
				and the demonstration of the Community Living Arrangement's compliance with
				applicable regulations; or
(c) A residence licensed under the Rules and
				Regulations for Personal Care Homes that may become a Community Living
				Arrangement upon promulgation of these rules shall continue to be licensed to
				serve the same number of residents previously permitted that residence under
				the Rules and Regulations for Personal Care Homes provided that the Community
				Living Arrangement maintains compliance with applicable regulations.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.30 - Provisional Licenses

Current through Rules and Regulations filed
				through June 27, 2024
(1) Provisional licenses may be issued to the
				governing body of a Community Living Arrangement to provide time in which to
				demonstrate compliance with these rules.
(2) Provisional licenses shall be issued to a
				Community Living Arrangement that has been previously licensed as a personal
				care home to allow a reasonable time to demonstrate compliance with operating
				procedures or to allow reasonable time to correct violations of rules that
				relate to the structural or physical condition of the residence shall not
				exceed six months.
(3) A
				provisional license shall not be issued to the governing body of a residence
				that has never been previously issued a license and is not in compliance with
				the rules and regulations relating to the structural or physical condition of
				the residence.
(4) A provisional
				license shall not be issued to a Community Living Arrangement in which there
				are conditions that present an immediate hazard to the life, health, or safety
				of resident or staff.
(5) A
				provisional license shall not be issued to a Community Living Arrangement
				unless the governing body shall first present to the Department a plan of
				correction acceptable to the Department. The plan of correction shall specify
				how each deficiency is to be corrected and the time, methods, and procedures to
				be used in the correction of the deficiencies.
(6) A Community Living Arrangement shall not
				exceed its licensed capacity.
O.C.G.A. Secs.
				  31-7-1
et seq.
,
				  37-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.31 - Inspections and Plans of Correction

Current through Rules and
				Regulations filed through June 27, 2024
(1) The Community Living Arrangement, its
				residents, and its records shall be available for review and examination by
				properly identified representatives of the Department. Inspections may be
				conducted both on an announced and unannounced basis as determined by the
				Department.
(2) For the purposes of
				conducting any inspection, investigation, or survey, the Department shall have
				the authority to require the production of any books, records, papers, or other
				information related to the initial or continued licensing of the
				residence.
(3) If violations of
				these licensing rules are identified, the Community Living Arrangement shall be
				given a written inspection report that identifies the violations. The Community
				Living Arrangement shall submit to the Department a written plan of correction
				in response to the inspection report of violations that states what the
				Community Living Arrangement will do and when to correct each of the violations
				identified. The plan of correction shall be submitted within 10 days of the
				Community Living Arrangement's receipt of the inspection report of violations
				and shall be determined to be ac- ceptable by the Department. The Community
				Living Arrangement must correct all violations cited.
(4) A copy of the inspection report shall be
				available for inspection at the residence upon request by any person.
O.C.G.A. Secs.
				  31-7-1
et seq.
,
				  37-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.32 - Reporting to the Department

Current through Rules and Regulations
				filed through June 27, 2024
(1) The Community Living Arrangement shall
				report to the Office of Regulatory Services and also follow Division of MHDDAD
				reporting protocol whenever any of the following incidents involving residents
				occurs or the Community Living Arrangement has reasonable cause to believe that
				an incident involving a resident has occurred:
(a) Any death of a resident;
(b) Any rape that occurs in the
				residence;
(c) Any serious injury
				to a resident that requires medical attention;
(d) Any assault, any battery on a resident,
				or any abuse, neglect, or exploitation of a resident;
(e) Any time a resident cannot be located,
				where there are circumstances that place the health, safety, or welfare of the
				resident or others at risk and the resident has been missing for more than 24
				hours;
(f) An external disaster or
				other emergency situation that affects the continued safe operation of the
				residence; and
(g) Any
				circumstances where a member of the governing body, administration, staff
				associated with or affiliated with the Community Living Arrangement, or family
				member of staff is associated with a will, trust, or life insurance policy of a
				resident or former resident to verify that such gift is knowingly and
				voluntarily made and not the result of any coercion.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.33 - Variances and Waivers

Current through Rules and Regulations
				filed through June 27, 2024
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 that must be met by
				  the Community Living Arrangement in order to operate under the variance or
				  waiver granted.
(a) Variance. A
				variance may be granted by the Department upon 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, care, and
				rights of the residents exist and will be met in lieu of the exact requirements
				of the rule or regulations in question.
(b) Waiver. The Department 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 that is the subject of the request are met and that
				the innovative approach has the potential to improve service delivery without
				compromising the health, safety, care, or rights of the residents or other
				relevant standards.
O.C.G.A. Secs.
				  31-7-1
et seq.
,
				  37-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.34 - Enforcement and Sanctions

Current through Rules and Regulations
				filed through June 27, 2024
The Department may refuse to grant an initial license, revoke
				  a current license, or impose other sanctions as described in these rules and in
				  the rules for the "Enforcement of Licensing Requirements," Chapter
				  290-1-6.
(a) Denial of an application
				for a license. The Department may refuse to grant an initial license or
				provisional license without the requirement of holding a hearing prior to the
				action. An application for a license may be refused or denied if:
1. The residence has failed to demonstrate
				compliance with these rules and regulations;
2. The governing body of the residence has
				had a license denied, revoked, or suspended within one year of the date of a
				new application;
3. The governing
				body of the residence has transferred ownership or governing authority of a
				Community Living Arrangement within one year of the date of the new application
				when such transfer was made in order to avert denial, suspension, or revocation
				of a license; or
4. The governing
				body of the residence has knowingly made any verbal or written false statements
				of material fact in connection with the application for the license or on
				documents submitted to the Department as part of any inspection or
				investigation or in the falsification or alteration of records made or
				maintained by the residence.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-37 - RULES AND REGULATIONS FOR COMMUNITY LIVING ARRANGEMENTS › Rule 290-9-37-.35 - Severability

Current through Rules and Regulations filed through June 27,
				2024
In the event that any rule, sentence, clause, or phrase of
				  any of these rules and regulations may be construed by any court of competent
				  jurisdiction to be invalid, illegal, unconstitutional, or otherwise
				  unenforceable, such determination or adjudication shall in no manner affect the
				  remaining rules or portions thereof. The remaining rules or portions shall
				  remain in full force and effect, as if such rule or portions thereof so
				  determined, declared, and adjudged invalid or unconstitutional were not
				  originally a part of these rules.
O.C.G.A. Secs.
				  31-7-1
et seq.
,
				  37-1-22.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.01 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.02 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.03 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.04 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.05 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.06 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Secs.
				  31-7-130
et seq.
,
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.07 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.08 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.09 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.10 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.11 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Secs.
				  31-7-170
et seq.
,
				  50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.12 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.13 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.14 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.15 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.16 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.17 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.18 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.19 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.20 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-9 - OFFICE OF REGULATORY SERVICES › Subject 290-9-43 - Repealed › Rule 290-9-43-.21 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  31-7-170
et
				  seq.