Transfer of responsibilities, rights, and personnel between departments

(a) Effective July 1, 2009, all matters relating to facility licensing and employee criminal background checks for personal care homes pursuant to Article 11 of this chapter as it existed on June 30, 2009, shall be transferred from the Department of Human Services to the department. (b) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the department pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the department. In all such instances, the department shall be substituted for the Department of Human Resources, and the department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the department pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the department in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the department on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and who are transferred to the department shall retain all existing rights under such rules. Retirement rights of such transferred employees existing under the Employees’ Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the department. History. — Code 1981, § 31-7-361, enacted by Ga. L. 2018, p. 611, § 1-4/SB 406. Effective date. — This Code section becomes effective October 1, 2019. ARTICLE 14A CENTRAL CAREGIVER REGISTRY Effective date. — This article becomes effective October 1, 2019. 420 31-7-381 31-7-380. (Effective October 1, 2019) Purpose and intent. The purpose of this article is to enable employers who are family members or guardians of elderly persons to obtain an employment eligibility determination from the department for applicants who are seeking to provide and employees who are providing personal care services to their family members or wards. It is the intent of the General Assembly to allow the department to establish and maintain a caregiver registry so as to provide such employers with access to employment eligibility determinations conducted by the department in a similar manner as licensed facilities receive employment determinations as provided in Article 14 of this chapter. History. — Code 1981, § 31-7-380, enacted by Ga. L. 2018, p. 611, § 1-5/SB 406. 31-7-381. (Effective October 1, 2019) Definitions. As used in this article, the term: (1) ‘‘Applicant’’ means an individual applying to provide personal care services to an elderly person in a residence or location not licensed by the department. (2) ‘‘Criminal background check’’ means a search of the criminal records maintained by Georgia Crime Information Center and the Federal Bureau of Investigation to determine whether an applicant or employee has a criminal record. (3) ‘‘Elderly person’’ means an individual who is 65 years of age or older. (4) ‘‘Employee’’ means any individual who is providing personal care services to an elderly person in a residence or location not licensed by the department. (5) ‘‘Employer’’ means an individual who is considering an applicant or has hired an employee for a family member or ward. (6) ‘‘Family member’’ means an individual with a close familial relationship, including, but not limited to, a spouse, parent, sibling, or grandparent. (7) ‘‘Personal care services’’ means home care, health care, companionship, or transportation and includes, but is not limited to, providing assistance with bathing, eating, dressing, walking, shopping, fixing meals, and housework. (8) ‘‘Registry check’’ means a review of the nurse aide registry provided for in Code Section 31-2-14, the state sexual offender 421 31-7-383 registry, and the List of Excluded Individuals and Entities as authorized in Sections 1128 and 1156 of the federal Social Security Act, as it existed on February 1, 2018, or any other registry useful for the administration of this article as specified by rules of the department. (9) ‘‘Ward’’ means an elder person for whom a guardian has been appointed pursuant to Title 29. History. — Code 1981, § 31-7-381, enacted by Ga. L. 2018, p. 611, § 1-5/SB 406. 31-7-382. (Effective October 1, 2019) Establishment of central caregiver registry. The department may establish and maintain a central caregiver registry which shall be accessible to employers as a data base operated by the department that contains information on eligible and ineligible applicants and employees as determined by the department from criminal background checks and registry checks conducted on behalf of facilities as provided in Article 14 of this chapter and criminal background checks and registry checks conducted on behalf of employers as provided in this article. If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention. History. — Code 1981, § 31-7-382, enacted by Ga. L. 2018, p. 611, § 1-5/SB 406; Ga. L. 2019, p. 308, § 3/HB 91. The 2019 amendment, effective October 1, 2019, added the second sentence. 31-7-383. (Effective October 1, 2019) Private employer’s inquiry with department on eligibility of employee; employer responsible for decisions. (a) The department shall allow an employer to inquire with the department about the eligibility or ineligibility for employment as if the applicant or employee were applying to work or working in one of the facilities licensed under Article 14 of this chapter so long as the applicant or employee agrees to such request, provides his or her fingerprints as set forth in Article 14 of this chapter, and consents to the inclusion of the results in the caregiver registry. Any fees associated with such check shall be paid by the employer, applicant, or employee. (b) An employer shall be responsible for all employment decisions made based on the eligible or ineligible employment determination provided to the employer from the department. 422 31-7-400 History. — Code 1981, § 31-7-383, enacted by Ga. L. 2018, p. 611, § 1-5/SB 406. 31-7-384. (Effective October 1, 2019) Appeal of ineligibility determination. An applicant or employee who receives a determination of ineligibility for employment from the department shall be eligible to appeal such determination by requesting, in writing, an administrative review by the department. The department shall promulgate rules and regulations in order to implement this Code section. The department shall maintain the specifics of the employment determination in the same manner as required by subsection (e) of Code Section 31-7-353. History. — Code 1981, § 31-7-384, enacted by Ga. L. 2018, p. 611, § 1-5/SB 406. 31-7-385. (Effective October 1, 2019) Immunity from liability. No person, including the department, an employer, or an individual acting on behalf of such entities, shall be liable for civil damages or be subject to any claim, demand, cause of action, or proceeding of any nature as a result of actions taken in good faith to comply with this article, including the disqualification of an applicant or employee from employment on the basis of the results of a criminal background check or registry check. History. — Code 1981, § 31-7-385, enacted by Ga. L. 2018, p. 611, § 1-5/SB 406. 31-7-386. (Effective October 1, 2019) Rules and regulations. Except as provided in Code Section 31-7-384, the department shall promulgate rules and regulations related to the requirements and implementation of this article. History. — Code 1981, § 31-7-386, enacted by Ga. L. 2018, p. 611, § 1-5/SB 406. ARTICLE 15 HOSPITAL ACQUISITION 31-7-400. Definitions.