Carrying of liability insurance or establishment of self-insurance trust as condition precedent to obtaining or maintaining permit

(a) As used in this Code section, the term ‘‘nursing home claim’’ means a claim alleging direct or vicarious liability for the personal injury or death of one or more residents of a nursing home or intermediate care home or a violation of residents’ rights at such home under Article 5 of Chapter 8 of this title. (b)(1) As a condition precedent to obtaining or maintaining a permit under this article to operate a nursing home or intermediate care home, a licensee shall carry or be covered by liability insurance coverages or establish or have established for its benefit a self-insurance trust for a nursing home claim. (2) If a licensee fails to carry or be covered by liability insurance coverages or establish or have established for its benefit a self-insurance trust for a nursing home claim, the department shall provide notice to such licensee of its noncompliance and allow such licensee 60 days in which to comply. A licensee’s failure to maintain such coverage or establish such trust shall result in the department: (A) Revoking such licensee’s permit issued pursuant to this article to operate the nursing home or intermediate care home; (B) Denying any application to renew such permit; and (C) Denying any application for a change of ownership of the nursing home or intermediate care home. History. — Code 1981, § 31-7-3.4, enacted by Ga. L. 2016, p. 550, § 1/HB 920.