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Georgia Statutes, Title 31

Georgia/Statutes

← All Georgia coverage

Title 31

53 chapters · 983 sections in this title.

All chapters in Title 31983 Ch 7, REGULATION AND CONSTRUCTION OF HOSPI…189 Ch 8, CARE AND PROTECTION OF INDIGENT AND …150 Ch 11, EMERGENCY MEDICAL SERVICES65 Ch 2A, DEPARTMENT OF PUBLIC HEALTH36 Ch 10, VITAL RECORDS36 Ch 13, RADIATION CONTROL28 Ch 6, STATE HEALTH PLANNING AND DEVELOPMENT25 Ch 21, DEAD BODIES22 Ch 1, GENERAL PROVISIONS21 Ch 3, COUNTY BOARDS OF HEALTH19 Ch 12, CONTROL OF HAZARDOUS CONDITIONS, PRE…19 Ch 14, HOSPITALIZATION FOR TUBERCULOSIS16 Ch 41, LEAD POISONING PREVENTION16 Ch 2, DEPARTMENT OF COMMUNITY HEALTH15

150 sections·Filtered byTitle 31✕Ch 8✕

O.C.G.A. § 31-8-101 Legislative intent
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The General Assembly finds that persons residing within long-term care facilities are isolated from the community and often lack the means to assert fully their rights as individual citizens. The General Assembly further recognizes the need for these persons to live within the le…
O.C.G.A. § 31-8-102 Definitions
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As used in this article, the term: (1) ‘‘Administrator’’ means a person, duly licensed as a nursing home administrator under Chapter 27 of Title 43, who operates or manages or is in charge of a long-term care facility. (1.1) ‘‘Department’’ means the Department of Community Health…
O.C.G.A. § 31-8-103 Rights of residents generally
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Residents’ rights shall include, but not be limited to, the rights provided in Code Sections 31-8-104 through 31-8-121. History. — Code 1933, § 88-1905B, enacted by Ga. L. 1981, p. 149, § 1.
O.C.G.A. § 31-8-104 Explanation of rights; acknowledgment of explanation; posting of rights at facilities
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Each resident and his guardian or representative, if the resident does not have a guardian, shall be given by the facility a written and oral explanation of the rights, grievance procedures, and enforcement provisions provided for by this article before or at the time of admissio…

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O.C.G.A. § 31-8-105 Giving certain notices to persons who became residents before July 1, 1981

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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 Sect…

O.C.G.A. § 31-8-107 Refusal of admission or continued residence on the basis of history or condition of mental or physical disease or disability

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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, unles…

O.C.G.A. § 31-8-108 Required care, treatment, and services; rights in regard thereto; experimental research or treatment

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(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 …

O.C.G.A. § 31-8-109 Use or threat of physical restraints, isolation, or restrictions on mobility

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(a) Each resident shall be free from actual or threatened physical restraints, isolation, or restrictions on mobility within or outside the facility grounds, including the use of drugs to limit mobility, except to the minimum extent necessary to protect the resident from immediat…

O.C.G.A. § 31-8-110 Right to select pharmacy or pharmacist; charges for pharmaceutical supplies and services; information as to purpose and effects of drugs

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(a) Each resident or guardian shall be permitted to select the pharmacy or pharmacist of his choice for those pharmaceutical supplies and services not provided by the facility as a part of the basic rate. However, if the facility under its policies or procedures utilizes a specif…

O.C.G.A. § 31-8-111 Rights as citizen

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Each resident shall be encouraged and assisted by the facility to exercise all rights, benefits, and privileges as a citizen including, but not limited to, the following: (1) The right to vote. Residents who are eligible to vote shall have the right to vote in primary, special, a…

O.C.G.A. § 31-8-112 Freedom from duty to perform services for facility; right to rise and retire at times of resident’s choice; tobacco and alcoholic beverages; freedom to enter and leave facility

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(a) Each resident shall be free from a duty to perform services for the facility. (b) Each resident shall be permitted to rise and retire at times of his choice, if the resident does not interfere with the rights of others. (c) Unless contradictory to written admission policies o…

O.C.G.A. § 31-8-113 Right to retain and use personal property at facility; provision of secure storage space for such property; records of stored property; investigation of complaints of theft

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(a) Each resident shall be permitted to retain and use his personal property, including funds and clothing, in his immediate living quarters as space permits. (b) Upon request, the facility shall provide a means of securing the resident’s property in his room or in any other secu…

O.C.G.A. § 31-8-114 Right to privacy

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Each resident shall enjoy the right of privacy including, but not limited to, the following: (1) The right to privacy in the resident’s room or the resident’s portion of the room. The staff may not enter a resident’s room without making their presence known, except when the resid…

O.C.G.A. § 31-8-115 Use of payments made to or on behalf of a resident; right of resident or his guardian to manage the resident’s financial affairs; assistance by facility in such management

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(a) Any payments made to or on behalf of a resident, regardless of the payee, shall be used exclusively for the resident’s benefit, unless otherwise required by law. (b) Each resident or his guardian shall be permitted to manage the financial affairs of the resident and to withdr…

O.C.G.A. § 31-8-116 Involuntary transfer of residents discharged from facility; return to facility after transfer

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(a) Except in an emergency, where the resident or other residents are subject to an imminent and substantial danger that only immediate transfer or discharge will relieve or reduce, a facility may involuntarily transfer a resident only in the following situations and after other …

O.C.G.A. § 31-8-117 Suspension of certain rights where exercise poses danger to self or other residents; notice of suspension; duration

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Only the rights enumerated in paragraph (6) of subsection (b) of Code Section 31-8-108 and subsections (b), (c), and (d) of Code Section 31-8-112 may be suspended as a result of medical contraindication, as determined by the resident’s physician, and then only under the following…

O.C.G.A. § 31-8-118 Freedom from interference in exercise of rights and pursuit of interests; accommodation of conflicting rights; voicing of complaints and recommendation of changes

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(a) The facility must permit each resident to exercise the rights and pursue the interests described in this chapter without restraint, interference, coercion, discrimination, or reprisal from the facility. (b) The facility must exercise judgment in situations which pose a threat…

O.C.G.A. § 31-8-119 Obtaining contributions by coercion; use of contributions designated for a restricted purpose; receipts and records of contributions

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No resident nor any resident’s family, guardian, or representative shall be coerced by any means into giving contributions. When contributions are freely made by the resident or resident’s family, guardian, or representative for a restricted purpose, such contribution must be use…

O.C.G.A. § 31-8-120 Visitors; right of access

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(a) Visitors must be granted access to residents, who have the right to refuse or terminate any visit. The facility must permit the resident’s representatives and representatives of any federally mandated ombudsman or advocacy program to have access to the resident. Access under …

O.C.G.A. § 31-8-121 Formation of residents’ council; space for meetings; assistance in attending meetings; compelling of attendance or participation

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The facility must permit the formation of a residents’ council by interested residents, provide space for meetings, and provide assistance in attending meetings to those residents who require it. The facility may not compel attendance at or participation in residents’ council mee…

O.C.G.A. § 31-8-122 Compliance with this article by facilities; establishment by facilities of written policies and procedures; familiarization of facility staff with this article

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(a) Each facility shall establish written policies and procedures in accordance with this article and shall provide for the implementation and continuing compliance with this article. In addition, each facility must comply with all other applicable state laws and regulations. (b)…

O.C.G.A. § 31-8-123 Use of state or community ombudsman to resolve residents’ complaints

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Every effort shall be made to use the state ombudsman or community ombudsman, as provided for in Article 3 of this chapter, to resolve complaints related to residents’ rights. History. — Code 1933, § 88-1903B, enacted by Ga. L. 1981, p. 149, § 1.

O.C.G.A. § 31-8-124 Grievances

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(a) Any resident, guardian, or representative who believes his rights under this article have been violated by a facility shall be permitted to file a grievance under this Code section. (b) To initiate the grievance, the resident, guardian, or representative may submit an oral or…

O.C.G.A. § 31-8-125 Administrative hearings

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(a) Any resident, guardian, or representative who believes his rights under Code Section 31-8-107, paragraph (3) of subsection (b) of Code Section 31-8-108, Code Section 31-8-109, paragraphs (3) and (4) of Code Section 31-8-111, subsection (d) of Code Section 31-8-112, Code Secti…

O.C.G.A. § 31-8-126 Cause of action against facility for violation of rights under this article; civil penalties; applicability of Code Section 31-5-8

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(a) Any person or persons aggrieved because a long-term care facility has violated or failed to provide any right granted under this article shall have a cause of action against such facility for damages and such other relief as the court having jurisdiction of the action deems p…

O.C.G.A. § 31-8-127 Rules and regulations

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The department is authorized to promulgate rules and regulations to implement this article. History. — Code 1933, § 88-1924B, enacted by Ga. L. 1981, p. 149, § 1. ARTICLE 5A REMEDIES FOR RESIDENTS OF PERSONAL CARE HOMES

O.C.G.A. § 31-8-130 Short title

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This article shall be known and may be cited as the ‘‘Remedies for Residents of Personal Care Homes Act.’’ History. — Code 1981, § 31-8-130, enacted by Ga. L. 1994, p. 461, § 2.

O.C.G.A. § 31-8-131 Legislative findings and intent

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The General Assembly finds that persons residing within personal care homes are often isolated from the community and often lack the means to assert fully their rights as individual citizens. The General Assembly also recognizes that in order for the rights of residents of person…

O.C.G.A. § 31-8-132 Definitions

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As used in this article, the term: (1) ‘‘Administrator’’ means the manager designated by the governing body of a personal care home as responsible for the day-to-day management, administration, and supervision of the personal care home, who may also serve as on-site manager and r…

O.C.G.A. § 31-8-133 Residents’ rights

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Residents’ rights shall include all rights enumerated in the rules and regulations of the Department of Community Health, including, but not limited to, procedural protections relating to admission, transfer, or discharge of residents. History. — Code 1981, § 31-8-133, enacted by…

O.C.G.A. § 31-8-134 Grievance procedure

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(a) Any resident, or the representative or legal surrogate of the resident, if any, who believes his or her rights under this article have been violated by a personal care home or its governing body, administrator, or employee shall be permitted to file a grievance under this Cod…

O.C.G.A. § 31-8-135 Hearing; transfer of resident

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(a) Any resident, the representative or legal surrogate of the resident, if any, or the state or community ombudsman, who believes the resident’s rights have been violated by a personal care home, its governing body, administrator, or employee, shall have the right to request a h…

O.C.G.A. § 31-8-136 Action for damages

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(a) Any resident or the representative or legal surrogate of the resident, if any, may bring an action in a court of competent jurisdiction to recover actual and punitive damages against a personal care home or its governing body, administrator, or employee for any violation of t…

O.C.G.A. § 31-8-137 Temporary restraining order; injunctions

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A resident, the representative or legal surrogate of the resident, if any, or the Attorney General may bring an action in a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a personal care home from viola…

O.C.G.A. § 31-8-138 Failure to validly license as defense

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The failure of the governing body to obtain or maintain a valid license to operate a personal care home shall not constitute a defense to any action brought pursuant to this article where the facility at issue is subject to licensure as a personal care home. History. — Code 1981,…

O.C.G.A. § 31-8-139 Mandamus

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A resident, the representative or legal surrogate of the resident, if any, the community ombudsman, the governing body of the personal care home, or any other interested party may bring an action in court for mandamus pursuant to Article 2 of Chapter 6 of Title 9 to order the dep…

O.C.G.A. § 31-8-150 Constitutional authority for passage of article

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This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution. History. — Code 1981, § 31-8-150, enacted by Ga. L. 1990, p. 139, § 1; Ga. L. 1992, p. 6, § 31; Ga. L. 1993, p. 1014, § 1.

O.C.G.A. § 31-8-152 No other funds shall be deposited into any such segregated account or accounts

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All funds in any such segregated account or accounts shall be invested in the same manner as authorized for investing other moneys in the state treasury. Any funds deposited into a segregated account pursuant to this article shall be subject to appropriation by the General Assemb…

O.C.G.A. § 31-8-153 Contributions to trust fund

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After June 30, 1990, any hospital, hospital authority, county, municipality, or other person or entity is authorized to contribute to the trust fund. The contribution of public funds to the trust fund shall be a valid public purpose for which those funds may be expended. Contribu…

O.C.G.A. § 31-8-153.1 Irrevocable transfer of funds to trust fund; provision for indigent patients

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After June 30, 1993, any hospital authority, county, municipality, or other state or local public or governmental entity is authorized to transfer moneys to the trust fund. Transfer of funds under the control of a hospital authority, county, municipality, or other state or local …

O.C.G.A. § 31-8-153.2 Revenues raised from specified sources

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The General Assembly may provide for the dedication and deposit of revenues raised from specified sources into the trust fund. History. — Code 1981, § 31-8-153.2, enacted by Ga. L. 1993, p. 1014, § 1.

O.C.G.A. § 31-8-153.3 No lapse of contributions to the general fund

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Contributions and revenues deposited and transferred to the trust fund shall not lapse to the general fund at the end of the fiscal year. History. — Code 1981, § 31-8-153.3, enacted by Ga. L. 1993, p. 1014, § 1.

O.C.G.A. § 31-8-154 Authorized expenditure of contributed funds

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All moneys contributed and revenues deposited and transferred to the trust fund pursuant to this article and any interest earned on such moneys shall be appropriated to the department for only the following purposes: (1) To expand Medicaid eligibility and services; (2) For progra…

O.C.G.A. § 31-8-155 Promulgation of rules for funding expansions of eligibility and indigent care programs

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(a) The department shall establish by rules the purposes for which contributions and transfers to the trust fund may be made. Such purposes shall be consistent with the purposes contained in Code Section 31-8-154. Those rules shall be promulgated by the Board of Community Health …

O.C.G.A. § 31-8-156 Appropriation of state funds by General Assembly

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(a) The General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year not less than all of the moneys contributed and revenues deposited and transferred to the fund and interest earned thereon. Such appropriation shall be made only for …

O.C.G.A. § 31-8-157 Refunding contributed funds; penalties not refunded

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All contributions to the trust fund and interest earned thereon which have been appropriated but which: (1) Were void because of having been appropriated in violation of Code Section 31-8-156; (2) Remain unexpended and not contractually obligated at the end of the fiscal year for…

O.C.G.A. § 31-8-158 Refunding funds not appropriated or determined void or ineligible

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Moneys transferred to the trust fund and interest earned thereon which have not been appropriated by the end of the fiscal year or which have been appropriated but have been determined to be: (1) Void because of having been appropriated in violation of Code Section 31-8-156; (2) …

O.C.G.A. § 31-8-159 Reporting requirements

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(a) The department shall annually report to the General Assembly on its use of trust funds appropriated to the department pursuant to this article. (b) The department shall also provide an annual report no later than September 30 of each year which shall provide the following inf…

O.C.G.A. § 31-8-160 Applicability of Article 7 of Chapter 4 of Title 49

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Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the ‘‘Georgia Medical Assistance Act of 1977,’’ shall apply to the department in carrying out the purposes of this article. History. — Code 1981, § 31-8-159, enacted by Ga. L. 1990,…

O.C.G.A. § 31-8-161 Legislative authority

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This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution. History. — Code 1981, § 31-8-161, enacted by Ga. L. 2003, p. 435, § 2.