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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.32 - Variances and Waivers

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 made available by the Department. The Department may establish
				conditions which must be met by the assisted living community 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 assisted living community to support its application for a variance or
				waiver.
(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 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 111-8-63 - RULES AND REGULATIONS FOR ASSISTED LIVING COMMUNITIES › Rule 111-8-63-.33 - Enforcement of Licensing Requirements

Current through Rules and Regulations filed through June 27, 2024
An assisted living community 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 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.
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-.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. §
										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 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.01 - Legal Authority

Current through Rules and Regulations filed through June 27, 2024
These rules are adopted and published pursuant to the
				  Official Code of Georgia Annotated (O.C.G.A.) §
									31-7-300
et
				  seq.
O.C.G.A. §§
										31-2-4,
				  31-2-5,
				  31-2-7 and
				  31-7-300
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 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.02 - Title and Purposes

Current through Rules and Regulations filed through June 27, 2024
These rules shall be known as the Rules and Regulations for
				  Private Home Care Providers. The purposes of these rules are to provide for the
				  licensing and inspection of private home care providers.
O.C.G.A. §§
										31-2-5,
				  31-2-7 and
				  31-7-300
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 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.03 - Definitions

Current through Rules and Regulations filed through June 27, 2024
In these rules, unless the context otherwise requires, the
				  words and phrases set forth herein shall mean the following:
(a) "Ambulation and transfer" means the act
				of moving or walking about or walking or being moved from place to place with
				or without assistance.
In these rules, unless the context otherwise requires, the
				  words and phrases set forth herein shall mean the following.
(b) "Applicant" means:
1. When the private home care provider is
				owned by a sole proprietorship, the individual proprietor shall be the
				applicant for the license, complete the statement of responsibility and serve
				as the licensee;
2. When the
				private home care provider is owned by a partnership, the general partners
				shall be the applicant for the license, complete the statement of
				responsibility and serve as the licensee;
3. When the private home care provider is
				owned by an association limited liability company (LLC), the governing body of
				the association or LLC shall authorize the application for the license and
				complete the statement of responsibility and the association shall serve as the
				licensee; and
4. When the private
				home care provider is owned by a corporation, the governing body of the
				corporation shall authorize the application for the license and complete the
				statement of responsibility and the corporation shall 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 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.04 - Governing Body

Current through Rules and Regulations filed through June 27, 2024
Each private home care provider shall have a governing body
				  empowered and responsible to determine all policies and procedures and to
				  ensure compliance with these rules.
O.C.G.A. §§
										31-2-5,
				  31-2-7 and
				  31-7-300
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 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.06 - Applications

Current through Rules and Regulations filed through June 27, 2024
(1) Initial
				applications for a license as a private home care provider must be submitted to
				the department on forms provided by the department, and shall include the
				submission of an application fee and a license fee established by the Board of
				Community Health, and a records check application for the owner. Such
				application shall include a description of the private home care provider
				services to be offered by the applicant and the geographic area that will be
				served.
(2) Renewal of Licenses.
				Licenses shall be renewed by the department periodically from the date of
				initial issuance upon submission of a renewal application, and a license
				renewal fee established by the Board of Community Health. Such renewal
				application shall include a description of the private home care provider
				services offered by the licensee and the geographic area served.
(3) Fees. Fees shall be reasonable and shall
				be set so that the total of the fees approximates the total of the direct and
				indirect costs to the state of the licensing program. Fees may be refunded for
				good cause as determined by the department.
(4) False or Misleading Information. The
				application for any license or renewal must be truthfully and fully completed.
				In the event that the department has reason to believe that any application has
				not been completed truthfully, the department may require additional reasonable
				verification for the facts alleged. The department may refuse to issue or renew
				any license where false statements have been made in connection with the
				application or any other documents required by the department.
O.C.G.A. §§
										31-2-4,
				  31-2-5,
				  31-2-8 and
				  31-7-300
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 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.07 - Exemptions

Current through Rules and Regulations filed through June 27, 2024
(1) These rules
				shall not apply to private home care services which are provided under the
				following conditions:
(a) When those services
				are provided directly by an individual, either with or without compensation,
				and not by agents or employees of the individual and not through independent
				contractors or referral arrangements made by an individual who has ownership or
				financial interest in the delivery of those services by others who would
				deliver those services.
(b) When
				those services are home infusion therapy services and the intermittent skilled
				nursing care is provided only as an integral part of the delivery and infusion
				of pharmaceuticals; however, such skilled nursing care, whether hourly or
				intermittent, which provides care licensed by these rules beyond the basic
				delivery and infusion of pharmaceuticals is not exempt;
(c) When those services are provided through
				the temporary placement of professionals and paraprofessionals to perform those
				services in places other than a person's residence;
(d) When those services are provided by home
				health agencies which are licensed under state law;
(e) When those services are provided in a
				personal care home by the staff of the personal care home; and
(f) When those services are services within
				the scope of practice of pharmacy and provided by persons licensed to practice
				pharmacy.
(g) RESERVED.
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 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.08 - Inspections and Plans of Correction

Current through Rules and Regulations filed through June 27, 2024
(1) Providers shall be inspected by the
				department periodically; provided, however, the department may exempt a
				provider from such periodic inspections if it is certified or accredited by a
				certification or accreditation entity recognized and approved by the
				department.
(a) A provider seeking exemption
				from on-site inspection shall be required to submit to the department
				documentation of certification or accreditation, including a copy of its most
				recent certification or accreditation report.
(b) Nothing contained herein shall be
				construed to prohibit the department from conducting inspections of any
				provider as the department determines necessary.
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 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.09 - Administration and Organization

Current through Rules and Regulations filed through June 27, 2024
(1) Services Description. A provider shall
				establish and implement written policies and procedures that define the scope
				of private home care services it offers and the types of clients it serves. No
				provider shall provide services that are prohibited by these rules, the
				applicable legal authority, or other laws.
(2) Service Agreements. No provider shall
				offer to provide a client any private home care services that it cannot
				reasonably expect to deliver in accordance with these rules.
(a) A provider shall establish and implement
				policies and procedures for service agreements. All services provided to a
				client shall be based on a written service agreement entered into with the
				client or the client's responsible party, if applicable. The service agreement
				must include the following:
1. Date that
				provider makes initial contact with client for services;
2. Date of referral, i.e. the date on which
				the provider received a specific request to deliver private home care services
				to a particular client;
3.
				Description of services needed as stated by client or responsible party, if
				applicable;
4. Description of
				services to be provided and expected frequency and duration of
				services;
5. Charges for such
				services, and mechanisms for billing and payment of such charges;
6. Acknowledgment of receipt of a copy of
				client's rights and responsibilities as outlined at rule .12;
7. A telephone number of the provider that a
				client can call for information, questions, or complaints about services
				supplied by the provider;
8. The
				telephone number of the state licensing authority, i.e. the department, to call
				for information or questions about the provider concerning a violation of
				licensing requirements that was not resolved to the client's satisfaction by
				complaining to the provider;
9.
				Authorization from client or responsible party, if applicable, for access to
				client's personal funds when home management services are to be provided and
				when those services include assistance with bill paying or any activities, such
				as shopping, that involve access to or use of such funds; similarly approved
				authorization for use of client's motor vehicle when services to be provided
				include transport and escort services and when the client's personal vehicle
				will be used;
10. Signatures for
				the provider's representative and the client or responsible party, if
				applicable, and date signed; if a client or responsible party refuses to sign
				the agreement, such refusal shall be noted on the agreement with an explanation
				from the provider's representative.
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 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.10 - Private Home Care Provider Services

Current through Rules and Regulations filed through June 27, 2024
(1) A provider may provide three categories
				of home care services as defined in these rules.
(a) Nursing Services. If a provider provides
				nursing services, such services shall be provided by a licensed registered
				professional nurse or a licensed practical nurse under the direction of a
				supervisor as required by these rules. Such services shall be provided in
				accordance with the scope of nursing practice laws and associated rules, and
				the client's service plan.
1. Nursing services
				shall include the following: ...
(i)
				Regularly assess the nursing needs of the client;
(ii) Participate in the establishment and
				implementation of the client's service plan;
(iii) Provide nursing services as needed and
				in accordance with the client's service plan;
(iv) Report problems and progress of client
				to supervisory personnel or the client's personal physician.
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 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.11 - Service Plans

Current through Rules and Regulations filed through June 27, 2024
(1) Service Plan Content. A provider shall
				establish and implement written policies and procedures for service planning. A
				written plan of service shall be established in collaboration with the client
				and the responsible party, if applicable, and the client's personal physician
				if the services to be provided are nursing services and the client has a
				personal physician.
(a) The service plan
				shall include the functional limitations of the client, types of service
				required, the expected times and frequency of service delivery in the client's
				residence, the expected duration of services that will be provided, the stated
				goals and objectives of the services, and discharge plans.
(b) When applicable to the condition of the
				client and the services to be provided, the [service] plan shall also include
				pertinent diagnoses, medications and treatments, equipment needs, and diet and
				nutritional needs.
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 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.12 - Client Rights, Responsibilities, and Complaints

Current through Rules and Regulations filed through June 27, 2024
(1) A provider
				shall establish and implement written policies and procedures regarding the
				rights and responsibilities of clients, and the handling and resolution of
				complaints.
(2) Such policies and
				procedures shall include a written notice of rights and responsibilities which
				shall be provided to each client or responsible party, if applicable, when the
				service agreement described in rule .09(2) is completed. The required notice
				shall include the following items:
(a) Right
				to be informed about plan of service and to participate in the
				planning;
(b) Right to be promptly
				and fully informed of any changes in the plan of service;
(c) Right to accept or refuse
				services;
(d) Right to be fully
				informed of the charges for services;
(e) Right to be informed of the name,
				business telephone number and business address of the person supervising the
				services and how to contact that person;
(f) Right to be informed of the complaint
				procedures and the right to submit complaints without fear of discrimination or
				retaliation and to have them investigated by the provider within a reasonable
				period of time. The complaint procedure provided shall include the name,
				business address and telephone number of the person designated by the provider
				to handle complaints and questions;
(g) Right of confidentiality of client
				record;
(h) Right to have property
				and residence treated with respect;
(i) Right to receive a written notice of the
				address and telephone number of the state licensing authority, i.e. the
				department, which further explains that the department is charged with the
				responsibility of licensing the provider and investigating client complaints
				which appear to violate licensing regulations;
(j) Right to obtain a copy of the provider's
				most recent completed report of licensure inspection from the provider upon
				written request. The provider is not required to release the report of
				licensure inspection until the provider has had an opportunity to file a
				written plan of correction for the violations, if any, identified. The facility
				may charge the client reasonable photocopying charges;
(k) Right to be advised that the client and
				the responsible party, if applicable, must advise the provider of any changes
				in the client's condition or any events that affect the client's service
				needs.
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 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.13 - Enforcement and Penalties

Current through Rules and Regulations filed through June 27, 2024
(1) Enforcement of these rules and
				regulations shall be conducted in accordance with Rules and Regulations for
				Enforcement of Licensing Requirements,
(2) If the department finds that an applicant
				for a license has violated any provisions of these rules or other laws, rules,
				regulations, or formal orders related to initial or continued licensing, it
				may, subject to notice and an opportunity for hearing, refuse to grant any
				license or limit or restrict any license.
(3) If the department finds that a provider
				has violated any provision of these rules or other laws, rules, regulations, or
				formal orders related to initial or continued registration, it may, subject to
				notice and an opportunity for hearing, take any of the following actions:
				administer a public reprimand; limit or restrict a license; suspend a license;
				impose a fine; refuse to renew a license; or revoke a license.
O.C.G.A. §§
										31-2-5,
				  31-2-7 and
				  31-2-8.
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 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.14 - Waivers and Variances

Current through Rules and Regulations filed through June 27, 2024
(1) The department may, in its discretion,
				grant waivers and variances of specific rules upon application or petition
				being filed on forms provided by the department. The department may establish
				conditions which must be met by the provider in order to operate under the
				waiver or variance granted. Waivers and variances may be granted in accordance
				with the following conditions:
(2)
				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 persons in care exist and will be met in lieu of the exact
				requirements of the rule or regulation in question.
(3) 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 and care of persons in care.
(4) Experimental Variance or Waiver. The
				department may grant waivers and variances 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.
O.C.G.A. §§
										31-2-5 and
				  31-2-7.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-65 - RULES AND REGULATIONS FOR PRIVATE HOME CARE PROVIDERS › Rule 111-8-65-.15 - Severability

Current through Rules and Regulations filed through June 27, 2024
(1) 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.
(2) The remaining rules or
				portions thereof shall remain in full force and effect, as if such rule or
				portions thereof so determined, declared, or adjudged invalid or
				unconstitutional were not originally a part of these rules.
O.C.G.A. §§
										31-2-5,
				  31-2-7 and
				  31-7-300
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 111-8-68 - RULES AND REGULATIONS FOR RESIDENTIAL MENTAL HEALTH FACILITIES FOR CHILDREN AND YOUTH › Rule 111-8-68-.01 - Legal Authority

Current through Rules and Regulations filed through June 27, 2024
These rules are adopted and published pursuant to the
				  Official Code of Georgia Annotated §
									31-7-1
et
				  seq.
O.C.G.A. Secs.
				  31-7-1,
				  31-7-2,
				  31-7-2.1,
				  31-7-3.
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 111-8-68 - RULES AND REGULATIONS FOR RESIDENTIAL MENTAL HEALTH FACILITIES FOR CHILDREN AND YOUTH › Rule 111-8-68-.02 - Title and Purposes

Current through Rules and Regulations filed through June 27, 2024
These rules shall be known as the Rules and Regulations for
				  Residential Mental Health Facilities for Children and Youth. The purposes of
				  these rules are to emphasize the programmatic requirements necessary to meet
				  the needs of patients in a safe, therapeutic environment, and to set forth the
				  minimum requirements that Residential Mental Health Facilities for Children and
				  Youth shall meet.
O.C.G.A. Secs.
				  31-7-1,
				  31-7-2,
				  31-7-2.1.
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 111-8-68 - RULES AND REGULATIONS FOR RESIDENTIAL MENTAL HEALTH FACILITIES FOR CHILDREN AND YOUTH › Rule 111-8-68-.04 - General Policies

Current through Rules and Regulations filed through June 27, 2024
(1)
Application
. An application
				to operate a licensed facility must comply with the following:
(a) The governing body of the facility shall
				submit to the department an application for a permit. Such application shall be
				signed by the executive officer of the governing body.
(b) The application for a permit shall be
				prepared in duplicate on forms provided by the department. The original copy
				shall be forwarded to the department and the copy retained by the governing
				body.
(c) The application for an
				original permit shall be accompanied by a program narrative of the service or
				services provided, a copy of the bylaws of the governing body and a copy of the
				policies and procedures adopted by the professional staff and approved by the
				governing body.
(d) The application
				for an original permit shall be submitted to the department not later than
				thirty (30) days prior to the anticipated date of the opening and commencement
				of operation of the facility.
(e)
				Application for change in status of a facility shall be submitted to the
				department not later than thirty (30) days prior to the effective date
				proposed.
(f) Proof of ownership
				and a notarized personal identification form shall accompany the application.
1. Corporations shall submit a copy of their
				charter and the name and address of all owners with ten (10) percent or more of
				the stock and shall identify each corporate officer;
2. Non-profit associations and facility
				authorities shall submit legal proof of the organization, the name and address
				of each trustee and the office held, if any; and
3. All other types of facilities shall submit
				the name and address of each person with ownership interests in the
				facility.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-68 - RULES AND REGULATIONS FOR RESIDENTIAL MENTAL HEALTH FACILITIES FOR CHILDREN AND YOUTH › Rule 111-8-68-.06 - Facilities

Current through Rules and Regulations filed through June 27, 2024
(1)
General
				Requirements
. The facility shall provide an environment that is
				therapeutic to and supportive of all the patients, their healthy development
				and their changing needs. The therapeutic environment shall take into
				consideration the architecture of the facility, indoor and outdoor activity
				areas, furnishings, equipment, decorations and all other factors that involve
				the physical environment.
(a) Facilities
				shall be designed to meet the needs of the age group of the patients and the
				objectives of the program.
(b)
				Facilities shall be maintained in a safe and clean manner and must meet fire,
				safety, health and sanitation regulations.
(c) There shall be adequate and appropriate
				space and equipment for all facility programs and their various functions
				within the facility.
(d) Facilities
				shall provide sufficient space and equipment to ensure housekeeping and
				maintenance programs sufficient to keep the building and equipment clean, tidy
				and in a state of good repair.
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 111-8-68 - RULES AND REGULATIONS FOR RESIDENTIAL MENTAL HEALTH FACILITIES FOR CHILDREN AND YOUTH › Rule 111-8-68-.08 - Behavior Management and Emergency Safety Interventions

Current through Rules and Regulations filed through June 27, 2024
(1)
Behavior
				Management.
(a) The facility shall
				develop and implement policies and procedures on behavior management. Such
				policies and procedures shall set forth the types of patients served in
				accordance with its program purpose, the anticipated behavioral problems of the
				patients, and acceptable methods of managing such problems.
(b) Such behavior management policies and
				procedures shall incorporate the following minimum requirements:
1. Behavior management principles and
				techniques shall be used in accordance with the individual treatment plan,
				written policies and procedures, treatment goals, safety, security, and these
				rules and regulations.
2. Behavior
				management shall be limited to the least restrictive appropriate method, as
				described in the patient's treatment plan, and in accordance with the
				prohibitions as specified in these rules and regulations.
3. Behavior management principles and
				techniques shall be administered by facility staff members and shall be
				appropriate to the severity of the patient's behavior, chronological and
				developmental age, size, gender, physical, medical, psychiatric condition, and
				personal history (including any history of physical or sexual abuse).
(c) The following forms of
				behavior management shall not be used by staff members with patients receiving
				services from the facility:
1. assignment of
				excessive or unreasonable work tasks;
2. denial of meals and hydration;
3. denial of sleep;
4. denial of shelter, clothing, or essential
				personal needs;
5. denial of
				essential program services;
6.
				verbal abuse, ridicule, or humiliation;
7. restraint, manual holds, and seclusion
				used as a means of coercion, discipline, convenience, or retaliation;
8. denial of communication and visits unless
				restricted in accordance with Rule
				111-8-68-.06(i)(2);
				and
9. corporal
				punishment.
(d) Patients
				shall not be permitted to participate in the behavior management of other
				patients or to discipline other patients, except as part of an organized
				therapeutic self-governing program in accordance with accepted standards of
				clinical practice that is conducted in accordance with written policy and is
				supervised directly by designated staff.
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 111-8-68 - RULES AND REGULATIONS FOR RESIDENTIAL MENTAL HEALTH FACILITIES FOR CHILDREN AND YOUTH › Rule 111-8-68-.09 - Waivers and Variances

Current through Rules and Regulations filed through June 27, 2024
(1) The department may, in its discretion,
				grant waivers and variances of specific rules upon application or petition
				being filed by a facility. The department may establish conditions which must
				be met by the facility in order to operate under the waiver or variance
				granted. Waivers and variances may be granted in accordance with the following
				considerations:
(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 patients
				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 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 and care of patients.
(c) Experimental Variance or Waiver. The
				department may grant waivers and variances 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.
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 111-8-68 - RULES AND REGULATIONS FOR RESIDENTIAL MENTAL HEALTH FACILITIES FOR CHILDREN AND YOUTH › Rule 111-8-68-.11 - 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 portion thereof. The remaining rules or portions of rules
				  shall remain in full force and effect, as if such rule or portions thereof so
				  determined, declared, or adjudged invalid or unconstitutional were not
				  originally a part of these rules.
O.C.G.A. Sec.
				  31-7-2.1.
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 111-8-71 - TRAUMATIC BRAIN INJURY FACILITIES › Rule 111-8-71-.01 - Legal Authority

Current through Rules and Regulations filed through June 27, 2024
The legal authority for this chapter is Chapter 7 of Title 31
				  of the Official Code of Georgia annotated.
O.C.G.A. §
										31-7-1(4)(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 111-8-71 - TRAUMATIC BRAIN INJURY FACILITIES › Rule 111-8-71-.02 - Purpose

Current through Rules and Regulations filed through June 27, 2024
The purpose of these rules is to implement the requirements
				  of Chapter 7 of Title 31 of the Official Code of Georgia Annotated pertaining
				  to the licensure of facilities that are devoted to the provision of treatment
				  and rehabilitative care for periods continuing for 24 hours or longer for
				  persons who have traumatic brain injury.
O.C.G.A. §
										31-7-2.1.
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 111-8-71 - TRAUMATIC BRAIN INJURY FACILITIES › Rule 111-8-71-.03 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Department"
				means the Georgia Department of Community Health.
(2) "Facility" means a place which is devoted
				to the provision of treatment and rehabilitative care for periods continuing
				for 24 hours or longer for persons who have traumatic brain injury. Such
				facility is not classified by the Department as a hospital, nursing home,
				intermediate care facility, or personal care home.
(3) "Traumatic Brain Injury" means a
				traumatic insult to the brain and its related parts resulting in organic damage
				thereto which may cause physical, intellectual, emotional, social, or
				vocational changes in a person. Persons having a traumatic brain injury may
				have organic damage or physical or social disorders, but for the purpose of
				these rules, traumatic brain injury shall not be considered mental illness.
O.C.G.A. §§
										31-7-1(4)(F),
				  37-3-1(16.1).
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 111-8-71 - TRAUMATIC BRAIN INJURY FACILITIES › Rule 111-8-71-.04 - Governing Body

Current through Rules and Regulations filed through June 27, 2024
Each facility shall have a governing body empowered and
				  responsible to determine all policies and procedures, and to ensure compliance
				  with these rules and regulations.
O.C.G.A. §
										31-7-2.1.
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 111-8-71 - TRAUMATIC BRAIN INJURY FACILITIES › Rule 111-8-71-.05 - Permits

Current through Rules and Regulations filed through June 27, 2024
No facility shall be operated without a permit or provisional
				  permit issued by the Department.
(a) A
				permit shall be issued by the Department upon a facility's compliance with
				these rules and regulations.
(b) A
				provisional permit shall be issued by the Department on a conditional basis for
				one of the following reasons.
1. To allow a
				newly established facility a reasonable but limited period of time to
				demonstrate that its operational procedures equal standards specified by these
				rules and regulations.
2. To allow
				an existing facility a reasonable length of time to comply with these rules and
				regulations, provided that the facility shall present a plan of improvement
				acceptable to the Department.
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 111-8-71 - TRAUMATIC BRAIN INJURY FACILITIES › Rule 111-8-71-.06 - Applications

Current through Rules and Regulations filed through June 27, 2024
Applications for a permit to operate a facility shall be
				  submitted by the governing body on forms prescribed by the Department. An
				  approved Certificate of Need shall accompany the application. Failure or
				  refusal to file an application shall constitute a violation of Chapter 7 of
				  Title 31 of the Official Code of Georgia Annotated.
O.C.G.A. §§
										31-2-8,
				  31-7-3.
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 111-8-71 - TRAUMATIC BRAIN INJURY FACILITIES › Rule 111-8-71-.07 - Inspections

Current through Rules and Regulations filed through June 27, 2024
(1) Upon submission
				of a completed application, the Department shall conduct an inspection of a
				facility to determine compliance with these rules and regulations. Following an
				inspection, the Department may issue or refuse to issue a permit or a
				provisional permit.
(2) The
				Department shall conduct such additional inspections as needed to determine if
				a facility continues to fulfill requirements. Failure to fulfill requirements
				may result in the revocation of a permit as provided in Chapter
				111-8-71-.16.
O.C.G.A. §§
										31-7-3,
				  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 111-8-71 - TRAUMATIC BRAIN INJURY FACILITIES › Rule 111-8-71-.08 - Admissions

Current through Rules and Regulations filed through June 27, 2024
(1) Written
				policies and procedures shall be established and implemented for admission to
				the facility. Such policies shall include a description of the types of
				traumatic brain injured persons it serves, the continuum of treatment and
				rehabilitative care it provides, and the functional outcomes it intends to
				achieve for its clients in regard to degree of personal and living
				independence, level of work productivity, and psychosocial
				adjustment.
(2) Initial admissions
				shall be screened through review of a written application form, review of
				referral information and the client's most recent medical records, and personal
				interviews with the client. Factors to be considered in the screening include
				the client's medical history, functional status, and social
				circumstances.
(3) At admission the
				following information shall be explained to each client, and a responsible
				family member, guardian, or representative. Documentation of the explanation
				shall be maintained in the client's case record.
(a) The types of treatment and rehabilitative
				care provided in the facility and an overview of the functional outcomes that
				the client may expect to achieve, including details regarding the hours and
				specific times of specific therapies, services, and activities that are
				expected to be provided for the client.
(b) A fee schedule and required methods of
				payment, including information about payment options and costs of special
				therapies and services.
(c) The
				facility's rules, including any provisions for the maintenance of resident fund
				accounts if such accounts are made available.
(d) A description of the client's rights and
				responsibilities to at least include the right to be free of physical and
				psychological abuse and neglect, to participate in individual program planning
				and implementation, and to receive visitors at regular hours, and to manage
				one's own financial affairs.
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 111-8-71 - TRAUMATIC BRAIN INJURY FACILITIES › Rule 111-8-71-.09 - Client Assessment and Individual Program Planning

Current through Rules and Regulations filed through June 27, 2024
(1) Written
				policies and procedures shall be established and implemented to provide for a
				complete, written assessment of the client within four weeks following
				admission. The purpose of the assessment shall be to determine client
				rehabilitation potential or need for ongoing lifetime support and the
				facility's ability to deliver appropriate treatment and rehabilitative care, or
				support to the client.
(2) The
				assessment shall be performed under the supervision of the program manager in
				collaboration with the rehabilitation professionals that provide therapies and
				services in the facility. The assessment must also include documentation of
				contact and input from the client's physician, previous rehabilitation
				providers and facilities, and rehabilitation professionals previously involved
				in the client's treatment and rehabilitative care. The assessment must identify
				the client's rehabilitation potential and behavioral, cognitive, educational,
				emotional, functional, medical, nursing, sociological, and vocational
				characteristics and needs. Whenever feasible, clients, families, and guardians
				or representatives should participate in assessments.
(3) An individual, written program plan shall
				be developed for each client, with his participation, by professional staff
				that participated in the assessment. The plan shall be based on the
				characteristics and needs identified in the assessment. The plan shall include
				specific goals oriented towards outcomes to achieve independence for the
				client.
(a) An individual case manager shall
				be assigned primary responsibility for managing the client's program
				plans.
(b) Program plans shall be
				reviewed by the case manager in collaboration with the client and other
				appropriate professional staff at least monthly and modified as
				needed.
(c) When transfer or
				discharge is planned, a discharge summary shall be included in the program
				plan. The summary must contain the reason for referral or discharge, the
				diagnosis, the client's functional limitations, the services that were
				provided, the outcomes of the services, and any recommendations of the case
				manager or professional staff. A facility shall provide every client at least
				ten days prior notification of transfer or discharge, provided, however, that
				an emergency transfer shall be done and notification given as soon as
				practical.
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 111-8-71 - TRAUMATIC BRAIN INJURY FACILITIES › Rule 111-8-71-.10 - Recordkeeping

Current through Rules and Regulations filed through June 27, 2024
An individual care record shall be maintained for each client
				  admitted to the facility. Case records must be maintained in a central
				  location, and contain the following materials:
(a) Case identification
				information;
(b) Names, addresses,
				and telephone numbers of responsible family members, guardians, or
				representatives;
(c) Names,
				addresses, and telephone numbers of emergency contacts to include the client's
				physicians;
(d) Admissions
				documentation;
(e) The client's
				complete written assessment;
(f)
				The client's written program plan, including the designation of a case manager;
				and
(g) Signed and dated progress
				reports, notes or similar documentation related to the mental and physical
				health, treatment, and rehabilitation of the client to include current drug
				regimens, treatment, and dietary needs.
O.C.G.A. §
										31-7-2.1.