Giving certain notices to persons who became residents before July 1, 1981

Any person who became a resident before July 1, 1981, shall receive the notices required under Code Section 31-8-104; paragraphs (2), (3), and (4) of subsection (a) of Code Section 31-8-106; subsection (a) of Code Section 31-8-110; and paragraph (4) of subsection (b) of Code Section 31-8-115 no later than September 30, 1981. History. — Code 1933, § 88-1919B, enacted by Ga. L. 1981, p. 149, § 1. 478 31-8-106 31-8-106. Information to be provided residents upon admission; list of current rates and services; bill for charges; access to nonmedical records. (a) At the time of admission, the facility must provide the resident with: (1) A written notice of the facility’s basic daily or monthly rates; (2) A written statement of all facility services, including those offered on a needed basis, and related charges, including any extra charges for services not covered under medicare or Medicaid or by the facility’s basic daily or monthly rate; (3) A statement disclosing the facility’s name and business address and the name and business address of the administrator of the facility. Upon request an applicant or resident shall be furnished with a copy of the annual disclosure statement filed with the Department of Community Health; and (4) Notice of the right of access to the written policies and procedures of the facilities. Access to these policies and procedures shall be permitted during ordinary business hours. (b) Upon a resident’s request, the facility must provide that resident with a current list of all services and charges. Current charges must be posted in a conspicuous location. (c) The facility must inform each resident in writing, at least 30 days in advance of the effective date, of any changes in rates or the services that these rates cover. (d) A facility must bill for charges at least once a month unless otherwise agreed. Each bill must itemize charges for: (1) The daily or monthly rate; and (2) All extra charges. (e) Each resident or guardian shall be permitted to inspect and receive a copy of the resident’s nonmedical records kept by the facility. The facility may charge a reasonable fee for duplication, which fee shall not exceed actual cost. History. — Code 1933, § 88-1913B, enacted by Ga. L. 1981, p. 149, § 1; Ga. L. 1985, p. 149, § 31; Ga. L. 1999, p. 296, § 24. 479 31-8-108 31-8-107. Refusal of admission or continued residence on the basis of history or condition of mental or physical disease or disability. Each resident or person requesting admission to a facility shall be free from discrimination by the facility through its refusing admission or continued residency on the basis of the resident’s or applicant’s history or condition of mental or physical disease or disability, unless such admission would cause the facility or any resident to lose eligibility for any state or federal program of financial assistance or unless the facility cannot provide adequate and appropriate care, treatment, and services to the resident due to such disease or disability. History. — Code 1933, § 88-1910B, enacted by Ga. L. 1981, p. 149, § 1. 31-8-108. Required care, treatment, and services; rights in regard thereto; experimental research or treatment. (a) Each resident shall receive care, treatment, and services which are adequate and appropriate. Care, treatment, and services shall be provided as follows: (1) With reasonable care and skill; (2) In compliance with applicable laws and regulations; (3) Without discrimination in the quality of a service based on the source of payment for the service; (4) With respect for the resident’s personal dignity and privacy; and (5) With the goal of the resident’s return home or to another environment less restrictive than the facility. (b) In the provision of care, treatment, and services to the resident by the facility, each resident or guardian shall be entitled to the following: (1) To choose the resident’s physician. The physician so chosen shall inform the resident in advance whether or not the physician’s fees can be paid from public or private benefits to which the resident is entitled and shall provide such documentation as may be required by law or regulation; (2) To participate in the overall planning of the resident’s care and treatment. The resident or guardian shall be informed of this right each time a substantial change in the treatment plan is made; (3) To refuse medical treatment, dietary restrictions, and medications for the resident. The resident or guardian shall be informed of 480 31-8-108 the probable consequences of such refusal, the refusal shall be noted in the resident’s medical records, and the resident’s attending physician shall be notified as soon as practical. If such refusal apparently would be seriously harmful to the health or safety of the resident, the facility shall either refer the resident to a hospital or notify a responsible family member or, if such a family member is not readily available, the county department of family and children services. If such refusal would be harmful to the health or safety of others, as documented in the resident’s medical records by the resident’s physician, this subsection shall not apply. Any facility or employee of such facility which complies with this paragraph shall not be liable for any damages resulting from such refusal; (4) To receive from the facility upon the request of the resident, guardian, or representative the name, address, and telephone number of the resident’s physician; (5) To have any significant change in the resident’s health status reported to persons of his choice by the facility within a reasonable time; and (6) To obtain from the resident’s physician or the physician attached to the facility a complete and current explanation concerning the resident’s medical diagnosis, treatment, and prognosis in language the resident can understand. Each resident shall have access to all information in the medical records of the resident and shall be permitted to inspect and receive a copy of such records unless medically contraindicated. The facility may charge a reasonable fee for duplication, which fee shall not exceed actual cost. (c) Each resident shall be free from experimental research or treatment unless the informed, written consent of the resident or guardian is first obtained. History. — Code 1933, § 88-1914B, enacted by Ga. L. 1981, p. 149, § 1.