Use of powers; providers or facilities charging an entrance fee

(a) For the purpose of enforcing the requirements of this chapter, the Commissioner and the department shall be authorized to use the powers granted in Chapters 1 and 2 of this title. (b) A provider or facility which charges a resident an entrance fee for lodging in a residential unit and provides limited continuing care shall not call itself nor be considered a provider of continuing care, but such provider or facility shall otherwise be subject to the requirements imposed upon the providers and facilities regulated by this chapter; provided, however, that a facility that has received a certificate of authority and has been in conformance with the provisions of this chapter prior to July 1, 2011, may continue to call and present itself to the public as a provider of continuing care. History. — Code 1981, § 33-45-2, enacted by Ga. L. 1990, p. 1817, § 1; Ga. L. 2011, p. 315, § 1/SB 166. 33-45-3. Certificate of authority required for operation of life plan communities. (a) Nothing in this title or chapter shall be deemed to authorize any provider to transact any insurance business other than that of continuing care insurance or limited continuing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the department under this title. Nothing in this chapter shall be construed so as to interfere with the jurisdiction of the Department of Community Health or any other regulatory body exercising authority over providers regulated by this chapter or real property law related to the purchase and sale of resident owned living units. (b) Nothing in this chapter shall be construed so as to modify or limit in any way: (1) Provisions of Article 3 of Chapter 6 of Title 31 and any rules and regulations promulgated by the Department of Community Health pursuant to such article relating to certificates of need for life plan communities or home health agencies, as such terms are defined in Code Section 31-6-2; or (2) Provisions of Chapter 7 of Title 31 relating to licensure or permit requirements and any rules and regulations promulgated by the Department of Community Health pursuant to such chapter, including, without limitation, licensure or permit requirements for 901 33-45-4 nursing home care, assisted living care, personal care home services, home health services, and private home care services. (c) Nothing in this chapter shall be construed so as to allow private home care services to be provided by any person or entity other than a licensed private home care provider. (d) A provider of continuing care at home may contract with a licensed home health agency to provide home health services to a resident. In order to provide home health services directly, a provider of continuing care at home shall obtain a certificate of need for a home health agency, as such term is defined in Code Section 31-6-2, pursuant to the same criteria and rules as are applicable to freestanding home health agencies that are not components of life plan communities. History. — Code 1981, § 33-45-3, enacted by Ga. L. 1990, p. 1817, § 1; Ga. L. 1999, p. 296, § 22; Ga. L. 2000, p. 136, § 33; Ga. L. 2009, p. 453, § 1-43/HB 228; Ga. L. 2011, p. 315, § 1/SB 166; Ga. L. 2014, p. 375, § 2/SB 304; Ga. L. 2015, p. 581, § 2/SB 111; Ga. L. 2019, p. 945, § 5/HB 300. The 2019 amendment, effective July 1, 2019, substituted ‘‘life plan communities’’ for ‘‘continuing care retirement communities’’ in the middle of paragraph (b)(1); and, in subsection (d), in the second sentence, deleted ‘‘paragraph (20) of ’’ following ‘‘defined in’’ in the middle, and substituted ‘‘life plan’’ for ‘‘continuing care retirement’’ near the end. 33-45-4. Administration by Insurance Department.