Bill Text: GA SB178 | 2011-2012 | Regular Session | Engrossed
Bill Title: Health Care Facilities; regulation/licensing of assisted living communities; procedures/criteria
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2011-07-01 - Effective Date [SB178 Detail]
Download: Georgia-2011-SB178-Engrossed.html
11 SB178/CSFA/2
Senate
Bill 178
By:
Senators Grant of the 25th, Williams of the 19th, Hill of the 32nd, Murphy of
the 27th, Jackson of the 24th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating
to health care facilities, so as to provide for the regulation and licensing of
assisted living communities; to provide for legislative intent; to provide for
procedures and criteria; to provide for requirements for medication aides; to
revise provisions relating to personal care homes; to amend various provisions
of the Official Code of Georgia Annotated, so as to provide changes for purposes
of consistency and conformity; to provide for record checks; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
7 of Title 31 of the Official Code of Georgia Annotated, relating to health care
facilities, is amended by adding new Code sections to read as
follows:
"31-7-12.2.
(a)
It is the intention of the General Assembly to establish a new licensure
category of long-term care provider which shall be referred to as 'assisted
living community.' An assisted living community shall be authorized, in
accordance with this Code section, to provide certain services that are beyond
the scope of services that a personal care home is authorized to
provide.
(b)
As used in this Code Section, the term:
(1)
'Ambulatory' means the ability to move from place to place by walking, either
unaided or aided by a prosthesis, brace, cane, crutches, walker, or hand rails,
or by propelling a wheelchair and to respond to an emergency condition, whether
caused by fire or otherwise, and escape with minimal human assistance using the
normal means of egress.
(2)
'Assisted living care' includes:
(A)
Personal services, which includes, but is not limited to, individual assistance
with or supervision of self-administered medication and essential activities of
daily living such as eating, bathing, grooming, dressing, and
toileting;
(B)
The administration of medications by a medication aide in accordance with this
Code section; and
(C)
The provision of assisted self-preservation in accordance with this Code
section.
(3)
'Assisted living community' means a personal care home with a minimum of 25 beds
that is licensed as an assisted living community pursuant to Code Section
31-7-3.
(4)
'Assisted self-preservation' means the capacity of a resident to be evacuated
from an assisted living community, to a designated point of safety and within an
established period of time as determined by the Office of the Safety Fire
Commissioner. Assisted self-preservation is a function of all of the
following:
(A)
The condition of the individual;
(B)
The assistance that is available to be provided to the individual by the staff
of the assisted living community; and
(C)
The construction of the building in which the assisted living community is
housed, including whether such building meets the state fire safety requirements
applicable to an existing health care occupancy.
(5)
'Continuous medical or nursing care' means medical or nursing care required
other than on a periodic basis or for a short-term illness.
(c)
An assisted living community shall not admit or retain an individual who is not
ambulatory unless the individual is capable of assisted self-preservation. In
the event that the department determines that one or more residents of an
assisted living community are not capable of assisted self-preservation due to
the condition of the resident, the capabilities of the staff of the assisted
living community, the construction of the building in which the assisted living
community is housed, or a combination of these factors, the department shall
have the authority to consider any of the following actions:
(1)
An increase in the staffing of the assisted living community to a level that is
sufficient to ensure that each resident is capable of assisted
self-preservation;
(2)
A change in the staffing assignments of the assisted living community if such
change would ensure that each resident is capable of assisted
self-preservation;
(3)
A change in rooms or the location of residents as necessary to ensure that each
resident is capable of assisted self-preservation;
(4)
The utilization of any specialized equipment that would ensure that each
resident is capable of assisted self-preservation. For purposes of this
paragraph, specialized equipment shall only include a prosthesis, brace, cane,
crutches, walker, hand rails, and a wheelchair;
(5)
A cessation in the further admission of individuals who are not ambulatory until
such time that the assisted living community has taken actions necessary to
ensure that all residents are capable of assisted
self-preservation;
(6)
The transfer or discharge of any resident who is not capable of assisted
self-preservation; and
(7)
Any action set forth in Code section 31-2-11.
(d)
An assisted living community shall maintain a current list of all residents who
are not ambulatory but who are capable of assisted self-preservation. The list
shall be provided upon request to the department and maintained at all times by
the assisted living
community.
(e)
An assisted living community shall maintain fire detection and prevention
equipment, including visual signals with alarms for hearing impaired residents,
in accordance with manufacturer instructions and the requirements of the Office
of the Safety Fire Commissioner.
(f)
An assisted living community shall not admit or retain an individual who is in
need of continuous medical or nursing care. Other than as permitted by a
medication aide pursuant to paragraph (7) of subsection (g) of this Code
section, medical, nursing, or health services required on a periodic basis, or
for short-term illness, shall not be provided as services of an assisted living
community. When such services are required, they shall be purchased by the
resident or the resident's representative or legal surrogate, if any, from
appropriate providers managed independently from the assisted living community.
An assisted living community may assist in arranging for such services, but not
in the provision of such services.
(g)(1)
An assisted living community may employ certified medication aides for the
purpose of performing the technical aspects of the administration of certain
medications in accordance with this subsection. An assisted living community
that employs one or more certified medication aides must have a safe medication
and treatment administration system that meets all the requirements of this
subsection.
(2)
The department shall establish and maintain a medication aide registry
containing the names of each individual in Georgia who is certified by the
department as a medication aide. An assisted living community may not employ an
individual as a medication aide unless the individual is listed in the
medication aide registry in good standing.
(3)
An applicant for certification as a medication aide shall meet the following
qualifications:
(A)
Be a Georgia certified nurse aide with current certification in good
standing;
(B)
Have successfully completed a state-approved medication aide training program
administered by a Georgia licensed registered nurse, pharmacist, or
physician;
(C)
Have successfully passed, with a minimum passing score of 80 percent, a written
competency examination; and
(D)
Have demonstrated the requisite clinical skills to serve as a medication aide in
accordance with a standardized checklist developed by the
department.
(4)
A record of the successful completion of the written competency examination and
clinical skills standardized checklist by an applicant for certification as a
medication aide shall be included in the medication aide registry within 30
business days of evaluation. Each candidate for certification as a medication
aide shall have the opportunity to take the written competency examination three
times before being required to retake and successfully complete the medication
aide training program.
(5)
An assisted living community shall annually conduct a comprehensive clinical
skills competency review of each medication aide employed by the assisted living
community.
(6)
Certificates issued pursuant to this subsection shall be renewed annually
according to schedules and fees approved by the department.
(7)
A medication aide who meets the criteria established in this subsection shall be
permitted to perform the following tasks in an assisted living community in
accordance with the written instructions of a physician:
(A)
Administer physician ordered oral, ophthalmic, topical, otic, nasal, vaginal,
and rectal medications;
(B)
Administer insulin, epinephrine, and B12 pursuant to physician direction and
protocol;
(C)
Administer medication via a metered dose inhaler;
(D)
Conduct finger stick blood glucose testing following established
protocol;
(E)
Administer a commercially prepared disposable enema as ordered by a physician;
and
(F)
Assist residents in the supervision of self-administration of
medication.
(8)
A medication aide shall record in the medication administration record all
medications that the medication aide has personally administered to a resident
of an assisted living community and any refusal of a resident to take a
medication. A medication aide shall observe a resident to whom medication has
been administered and report any changes in the condition of such resident to
the personal representative or legal surrogate of the resident.
(9)
All medication administered by a medication aide in accordance with this Code
section shall be in unit or multidose packaging.
(10)
An assisted living community that employs one or more medication aides to
administer medications in accordance with this subsection shall secure the
services of a licensed pharmacist to perform the following duties:
(A)
Perform a quarterly review of the drug regimen of each resident of the assisted
living community and report any irregularities to the assisted living community
administrator;
(B)
Remove for proper disposal any drugs that are expired, discontinued, in a
deteriorated condition, or where the resident for whom such drugs were ordered
is no longer a resident;
(C)
Establish or review policies and procedures for safe and effective drug therapy,
distribution, use, and control; and
(D)
Monitor compliance with established policies and procedures for medication
handling and storage.
(11)
An assisted living community that employs one or more medication aides to
administer medications in accordance with this subsection shall ensure that each
medication aide receives ongoing medication training as prescribed by the
department. A registered professional nurse or pharmacist shall conduct random
medication administration observations on a quarterly basis and report any
issues to the assisted living community administrator.
(h)
An assisted living community shall establish a written care plan for each
resident. Such care plan shall describe the needs of the resident and how such
needs will be met.
(i)
An assisted living community shall not be permitted to enroll as a provider of
medical assistance, as defined in paragraph (6) of Code Section 49-4-141, or
receive any funds authorized or paid pursuant to Title XIX of the Social
Security Act.
31-7-12.3.
The
department shall adopt rules and regulations to implement Code Sections 31-7-12
and 31-7-12.2. Such rules and regulations shall establish meaningful
distinctions between the levels of care provided by personal care homes,
assisted living communities, and nursing homes but shall not curtail the scope
or levels of services provided by personal care homes or nursing homes as of
June 30, 2011; provided, however, that nothing in this chapter shall preclude
the department from issuing waivers or variances to personal care homes of the
rules and regulations established pursuant to this Code section.
Notwithstanding Code Section 31-2-9 or 31-7-12.2, the department shall not grant
a waiver or variance unless:
(1)
There are adequate standards affording protection for the health and safety of
residents of the personal care home;
(2)
The resident of the personal care home provides a medical assessment conducted
by a licensed health care professional who is unaffiliated with the personal
care home which identifies the needs of the resident; and
(3)
The department finds that the personal care home can provide or arrange for the
appropriate level of care for the
resident."
SECTION
2.
Code
Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair
or deceptive practices in consumer transactions unlawful, is amended by revising
paragraph (26) of subsection (b) as follows:
"(26)
With respect to any individual or facility providing personal care services
or assisted
living care:
(A)
Any person or entity not duly licensed or registered as a personal care home
or assisted
living community formally or informally
offering, advertising to, or soliciting the public for residents or referrals;
or
(B)
Any personal care home, as defined in subsection (a) of Code Section 31-7-12,
or any
assisted living community, as defined in Code Section 31-7-12.2,
offering, advertising, or soliciting the
public to provide services:
(i)
Which are outside the scope of personal care services
or assisted
living care, respectively;
and
(ii)
For which it has not been specifically authorized.
Nothing
in this subparagraph prohibits advertising by a personal care home
or assisted
living community for services authorized
by the Department of Community Health under a waiver or variance pursuant to
subsection (b) of Code Section
31-2-9;.
(C)
For purposes of this paragraph, 'personal care' means protective care and
watchful oversight of a resident who needs a watchful environment but who does
not have an illness, injury, or disability which requires chronic or
convalescent care including medical and nursing
services, and
'assisted living care' includes services provided for in Code Section
31-7-12.2. The provisions of this
paragraph shall be enforced following consultation with the Department of
Community Health which shall retain primary responsibility for issues relating
to licensure of any individual or facility providing personal care
services;"
SECTION
3.
Code
Section 16-5-23 of the Official Code of Georgia Annotated, relating to simple
battery, is amended by revising subsection (g) as follows:
"(g)
A person who is an employee, agent, or volunteer at any facility licensed or
required to be licensed under Code Section 31-7-3, relating to long-term care
facilities, or
Code Section 31-7-12.2, relating to assisted living
communities, or Code Section 31-7-12,
relating to personal care homes, or who is required to be licensed pursuant to
Code Section 31-7-151 or 31-7-173, relating to home health care and hospices,
who commits the offense of simple battery against a person who is admitted to or
receiving services from such facility, person, or entity shall be punished for a
misdemeanor of a high and aggravated nature."
SECTION
4.
Code
Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to
battery, is amended by revising subsection (k) as follows:
"(k)
A person who is an employee, agent, or volunteer at any facility licensed or
required to be licensed under Code Section 31-7-3, relating to long-term care
facilities, or
Code Section 31-7-12.2, relating to assisted living
communities, or Code Section 31-7-12,
relating to personal care homes, or who is required to be licensed pursuant to
Code Section 31-7-151 or 31-7-173, relating to home health care and hospices,
who commits the offense of battery against a person who is admitted to or
receiving services from such facility, person, or entity shall, upon conviction
thereof, be punished by imprisonment for not less than one nor more than five
years, or a fine of not more than $2,000.00, or both."
SECTION
5.
Code
Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual
assault against persons in custody, sexual assault against person detained or
patient in hospital or other institution, and sexual assault by practitioner of
psychotherapy against patient, is amended by revising subsection (d) as
follows:
"(d)
A person who is an employee, agent, or volunteer at any facility licensed or
required to be licensed under Code Section
31-7-3,
or
31-7-12, or
31-7-12.2 or who is required to be
licensed pursuant to Code Section 31-7-151 or 31-7-173 commits sexual assault
when he or she engages in sexual contact with another individual who the actor
knew or should have known had been admitted to or is receiving services from
such facility or the actor."
SECTION
6.
Code
Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings
presenting special hazards to persons or property and requirements as to
construction, maintenance, and use generally, is amended by revising
subparagraph (b)(1)(J) as follows:
"(J)
Personal care homes
and assisted
living communities required to be licensed
as such by the Department of Community Health and having at least seven beds for
nonfamily adults, and the Commissioner shall, pursuant to Code Section 25-2-4,
by rule adopt state minimum fire safety standards for those homes, and any
structure constructed as or converted to a personal care home on or after April
15, 1986, shall be deemed to be a proposed building pursuant to subsection (d)
of Code Section 25-2-14 and that structure may be required to be furnished with
a sprinkler system meeting the standards established by the Commissioner if he
deems this necessary for proper fire safety."
SECTION
7.
Code
Section 26-4-5 of the Official Code of Georgia Annotated, relating to
definitions relative to the "Georgia Pharmacy Practice Act," is amended by
revising paragraph (18.1) as follows:
"(18.1)
'Institution' means any licensed hospital, nursing home,
assisted
living community, personal care home,
hospice, health clinic, or prison clinic."
SECTION
8.
Code
Section 26-4-191 of the Official Code of Georgia Annotated, relating to
definitions relative to the "Utilization of Unused Prescription Drugs Act," is
amended by revising paragraph (2) as follows:
"(2)
'Health care facility' means an institution which is licensed as a nursing home,
intermediate care home,
assisted
living community, personal care home, home
health agency, or hospice pursuant to Chapter 7 of Title 31."
SECTION
9.
Code
Section 26-4-212 of the Official Code of Georgia Annotated, relating to
definitions relative to the "Safe Medications Practice Act," is amended by
revising paragraph (3) as follows:
"(3)
'Institution' means any licensed hospital, nursing home,
assisted
living community, personal care home, or
hospice."
SECTION
10.
Code
Section 31-2-14 of the Official Code of Georgia Annotated, relating to records
check requirement for certain facilities, is amended by revising paragraph (4)
of subsection (a) as follows:
"(4)
'Facility' means a:
(A)
Personal care home required to be licensed or permitted under Code Section
31-7-12;
(B)
Assisted living community required to be licensed under Code Section
31-7-12.2;
(B)(C)
Private home care provider required to be licensed under Article 13 of Chapter 7
of this title; or
(C)(D)
Community living arrangement subject to licensure under paragraph (8) of
subsection (d) of Code Section 31-2-4."
SECTION
11.
Code
Section 31-7-1 of the Official Code of Georgia Annotated, relating to
definitions relative to health care facilities, is amended by revising
subparagraph (A) of paragraph (4), as follows:
"(4)
'Institution' means:
(A)
Any building, facility, or place in which are provided two or more beds and
other facilities and services that are used for persons received for
examination, diagnosis, treatment, surgery, maternity care, nursing care,
assisted
living care, or personal care for periods
continuing for 24 hours or longer and which is classified by the department, as
provided for in this chapter, as either a hospital, nursing home,
assisted
living community, or personal care
home;"
SECTION
12.
Said
chapter is further amended by revising subsection (d) of Code Section 31-7-3,
relating to requirements for permits to operate institutions, as
follows:
"(d)(1)
When an application for licensure to operate a personal care home, as defined in
subsection (a) of Code Section 31-7-12,
or an assisted
living community, as defined in Code Section
31-7-12.2, has been made, the department
shall inform the office of the state long-term care ombudsman of the name and
address of the applicant prior to issuing authority to operate or receive
residents and shall provide to the ombudsman program an opportunity to provide
to the department information relevant to the applicant's fitness to operate as
a licensed personal care home
or an assisted
living community.
(2)
The department may consider any information provided under this subsection,
where verified by appropriate licensing procedures, in determining whether an
applicant meets the requirements for licensing.
(3)
The department shall promulgate regulations setting forth the procedures by
which the long-term care ombudsman program shall report information to the
department or its designee as required by this subsection, including a
consistent format for the reporting of information, safeguards to protect
confidentiality, and specified types of information which shall be routinely
provided by the long-term care ombudsman program.
(4)
Nothing in this subsection shall be construed to provide any authority to the
long-term care ombudsman program to license or refuse to license the operation
of a personal care home
or an assisted
living community."
SECTION
13.
Said
chapter is further amended by revising paragraph (2) of subsection (a) of Code
Section 31-7-12, relating to personal care homes, as follows:
"(2)
'Personal services' includes, but is not limited to, individual assistance with
or supervision of self-administered medication and essential activities of daily
living such as eating, bathing, grooming, dressing, and toileting.
Personal
services shall not include medical, nursing, or health services; provided,
however, that the department shall be authorized to grant a waiver of this
provision in the same manner as provided for in Code Section 31-7-12.3 for the
waiver of rules and regulations and in the same manner and only to the same
extent as granted on or before June 30,
2011."
SECTION
13A.
Said
chapter is further amended by revising Code Section 31-7-12.1, relating to
unlicensed personal care homes, to add a new subsection to read as
follows:
"(f)
In addition to the sanctions authorized herein, an unlicensed personal care home
shall be deemed to be negligent per se in the event of any claim for personal
injury or wrongful death of a
resident."
SECTION
14.
Said
chapter is further amended by revising paragraph (1) of subsection (a) of Code
Section 31-7-111, relating to findings and declaration of policy under the
"Residential Care Facilities for the Elderly Authorities Act," as
follows:
"(1)
There exists in this state a seriously inadequate supply of and a critical need
for facilities which can furnish the comprehensive services required by elderly
persons in a single location, including, without limitation, residential care
and the types of services provided in skilled nursing homes, intermediate care
homes,
assisted
living communities, and personal care
homes (hereinafter referred to as 'residential care facilities for the
elderly');"
SECTION
15.
Said
chapter is further amended by revising subparagraph (A) of paragraph (7) of Code
Section 31-7-112, relating to definitions relative to the "Residential Care
Facilities for the Elderly Authorities Act," as follows:
"(A)
Any one or more buildings or structures to be used in providing at a single
location the comprehensive services required by the elderly, including, without
limitation, residential care and the types of services provided in skilled
nursing homes, intermediate care homes,
assisted
living communities, and personal care
homes supplied with all necessary or useful furnishings, machinery, equipment,
parking facilities, landscaping, and facilities for outdoor storage, all as
determined by the authority, which determination shall be final and not subject
to review; provided, however, that no single project or residential care
facility shall be required to render all types of services and levels of care
referred to above. There may be included as part of any such project all
improvements necessary to the full utilization thereof, including, without
limitation, site preparation; roads and streets; sidewalks; water supply;
outdoor lighting; belt line railroad; railroad sidings and lead tracks; bridges;
causeways; terminals for railroad, automotive, and air transportation;
transportation facilities incidental to the project; and the dredging and
improving of harbors and waterways. However, none of the aforementioned
improvements shall be the primary purpose of any project;"
SECTION
16.
Said
chapter is further amended by revising paragraph (4) of Code Section 31-7-172,
relating to definitions relative to the "Georgia Hospice Law," as
follows:
"(4)
'Health care facility' means hospitals; other special care units, including but
not limited to podiatric facilities; skilled nursing facilities; intermediate
care facilities;
assisted
living communities; personal care homes;
ambulatory surgical or obstetrical facilities; health maintenance organizations;
home health agencies; and diagnostic, treatment, or rehabilitation
centers."
SECTION
17.
Said
chapter is further amended by revising paragraph (11) of Code Section 31-7-250,
relating to definitions relative to facility licensing and employee records
checks, as follows:
"(11)
'Personal care home' or 'home' means a home required to be licensed or permitted
under Code Section 31-7-12
or an assisted
living community as defined in Code Section
31-7-12.2."
SECTION
18.
Code
Section 31-8-51 of the Official Code of Georgia Annotated, relating to
definitions regarding the long-term care ombudsman program, is amended by
revising paragraph (2) as follows:
"(2)
'Long-term care facility' means any skilled nursing home, intermediate care
home, assisted
living community, or personal care home
now or hereafter subject to regulation and licensure by the Department of
Community Health."
SECTION
19.
Code
Section 31-8-81 of the Official Code of Georgia Annotated, relating to
definitions regarding the 'Long-term Care Facility Resident Abuse Reporting
Act,' is amended by revising paragraph (3) as follows:
"(3)
'Long-term care facility' or 'facility' means any skilled nursing home,
intermediate care home,
assisted
living community, personal care home, or
community living arrangement now or hereafter subject to regulation and
licensure by the department."
SECTION
20.
Code
Section 31-8-102 of the Official Code of Georgia Annotated, relating to
definitions regarding the 'Bill of Rights for Residents of Long-term Care
Facilities,' is amended by revising paragraph (3) as follows:
"(3)
'Long-term care facility' or 'facility' means any
assisted
living community, intermediate care home,
skilled nursing home, or intermingled home subject to regulation and licensure
by the department."
SECTION
21.
Code
Section 31-36A-5 of the Official Code of Georgia Annotated, relating to
certification by physician under the "Temporary Health Care Placement Decision
Maker for an Adult Act," is amended by revising paragraph (2) as
follows:
"(2)
It is the physician's belief that it is in the adult's best interest to be
discharged from a hospital, institution, medical center, or other health care
institution providing health or personal care for treatment of any type of
physical or mental condition and to be transferred to or admitted to an
alternative facility or placement, including, but not limited to, nursing
facilities,
assisted
living communities, personal care homes,
rehabilitation facilities, and home and community based
programs."
SECTION
22.
Code
Section 31-36A-7 of the Official Code of Georgia Annotated, relating to petition
for order by health care facility, is amended by revising paragraph (2) of
subsection (b) as follows:
"(2)
It is the physician's belief that it is in the adult's best interest to be
admitted to or discharged from a hospital, institution, medical center, or other
health care institution providing health or personal care for treatment of any
type of physical or mental condition or to be transferred to an alternative
facility or placement, including, but not limited to, nursing facilities,
assisted
living communities, personal care homes,
rehabilitation facilities, and home and community based programs;
and"
SECTION
23.
Code
Section 35-3-34.1 of the Official Code of Georgia Annotated, relating to
circumstances when exonerated first offender's criminal record may be disclosed,
is amended by revising paragraph (2) of subsection (a) as follows:
"(2)
The request for information is an inquiry about a person who has applied for
employment with a nursing home,
assisted
living community, personal care home, or a
person or entity that offers day care for elderly persons and the person who is
the subject of the inquiry to the center was prosecuted for the offense of
sexual battery, incest, pimping, pandering, or a violation of Code Section
30-5-8; or"
SECTION
24.
Code
Section 35-3-174 of the Official Code of Georgia Annotated, relating to time for
reporting elopement of disabled person from personal care home, is amended as
follows:
"35-3-174.
The
staff of personal care homes
and assisted
living communities shall call the local
police department to report the elopement of any disabled person from the home
within 30 minutes of the staff's receiving actual knowledge that such person is
missing from the home."
SECTION
25.
Code
Section 37-4-21 of the Official Code of Georgia Annotated, relating to admission
of developmentally disabled persons to facilities for purposes of temporary
supervision and care, is amended by revising subsection (c) as
follows:
"(c)
An admission for respite care shall be for no longer than two weeks, provided
that a person may be admitted for additional periods of respite care; provided,
further, that there shall be no more than two admissions for respite care within
any six-month period, counted from the first day of such an admission. Any such
admission which exceeds limits provided in this Code section must be in
accordance with the procedure in Code Section 37-4-20 or 37-4-40. This Code
section shall not apply when the person sought to be admitted is living in a
nursing home, as defined in paragraph (2) of Code Section 43-27-1,
or
a personal care home, as defined in
subsection (a)
of Code Section
31-7-12, or an
assisted living community, as defined in Code Section
31-7-12.2."
SECTION
26.
Code
Section 38-4-2 of the Official Code of Georgia Annotated, relating to powers and
appointment of executive directors of veterans' homes, is amended by revising
paragraph (4) of subsection (a) as follows:
"(4)
To construct and operate hospitals, nursing homes, nursing care homes,
assisted
living communities, and personal care
homes for the use and care of war veterans discharged under other than
dishonorable conditions and to pay the cost of construction of the hospitals,
nursing homes, nursing care homes,
assisted
living communities, and personal care
homes. The term 'cost of the construction' as used in this paragraph shall
embrace the cost of construction; the cost of all lands, properties, rights, and
easements acquired; the cost of all machinery and equipment; and the cost of
engineering, architectural, and legal expenses and of plans and specifications
and other expenses necessary or incident to determining the feasibility or
practicability of the construction of any hospitals, nursing homes, nursing care
homes,
assisted
living communities, and personal care
homes. The term shall also include administrative expense and such other
expenses as may be necessary or incident to the construction of any hospitals,
nursing homes, nursing care homes,
assisted
living communities, and personal care
homes; the placing of the same in operation; and the condemnation of property
necessary for such construction and operation."
SECTION
27.
Code
Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to
discharges disqualifying individuals from employment, is amended by revising
paragraph (3) of subsection (a) as follows:
"(3)
The employment is with a nursing home,
assisted
living community, personal care home, or a
person or entity that offers day care for elderly persons and the defendant was
discharged under this article after prosecution for the offense of sexual
battery, incest, pimping, pandering, or a violation of Code Section 30-5-8;
or"
SECTION
28.
Code
Section 48-13-9 of the Official Code of Georgia Annotated, relating to
limitation on authority of local government to impose regulatory fee and
examples of businesses or practitioners of professions or occupations which may
be subject to fees, is amended by revising paragraph (14) of subsection (b) as
follows:
"(14)
Nursing homes,
assisted living communities, and personal
care homes;"
SECTION
29.
Code
Section 51-1-29.5 of the Official Code of Georgia Annotated, relating to
limitation on health care liability claim to gross negligence in emergency
medical care, is amended by revising paragraph (8) of subsection (a) as
follows:
"(8)
'Health care institution' means:
(A)
An ambulatory surgical center;
(B)
A personal care home licensed under Chapter 7 of Title 31;
(B.1)
An assisted living community licensed under Chapter 7 of Title 31;
(C)
An institution providing emergency medical services;
(D)
A hospice;
(E)
A hospital;
(F)
A hospital system;
(G)
An intermediate care facility for the mentally retarded; or
(H)
A nursing home."
SECTION
30.
All
laws and parts of laws in conflict with this Act are repealed.