Title 31 — Title 31
0 chapters · 651 sections in this title.
O.C.G.A. § 31-8-1 Establishment and purpose of program; administration
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In order to promote and preserve the health of the people of this state, there is established a Hospital Care for the Indigent Program to be administered by the Department of Community Health. The purpose of this program is to assist counties in the purchase of hospital care for …
O.C.G.A. § 31-8-10 Rules and regulations
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The department shall adopt and promulgate such rules and regulations as it deems necessary to carry out this article. History. — Ga. L. 1957, p. 470, § 7; Code 1933, § 88-2307, enacted by Ga. L. 1964, p. 499, § 1. 31-8-11. Construction of article.
O.C.G.A. § 31-8-100 Short title
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This article shall be known and may be cited as the ‘‘Bill of Rights for Residents of Long-term Care Facilities.’’ History. — Code 1933, § 88-1901B, enacted by Ga. L. 1981, p. 149, § 1.
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 476 31…
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. § 31-8-105 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. § 31-8-106 Short title
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Legislative intent. Definitions. Rights of residents generally. Explanation of rights; acknowledgment of explanation; posting of rights at facilities. Giving certain notices to persons who became residents before July 1, 1981. Information to be provided 31-8-116. 31-8-117. 31-8-1…
O.C.G.A. § 31-8-107 Short title
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Definitions. Persons required to report abuse or exploitation; time for making report; contents of report; records; privileged communications. Investigations. Evaluation of results of investigation; protection of resident. Immunity from liability. Confidentiality. Retaliation pro…
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. § 31-8-11 Construction of article
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This article shall not be construed as replacing federal, state, or local programs for the indigent but may supplement such programs for hospital care of the indigent. 447 31-8-31 History. — Ga. L. 1957, p. 470, § 14; Code 1933, § 88-2312, enacted by Ga. L. 1964, p. 499, § 1. ART…
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. § 31-8-114 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. § 31-8-120 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. § 31-8-124 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 494 31-8-126 Section 31-8-108, Code Section 31-8-109, paragraphs (3) and (4) of Code Section 31-8-111, subsection (d) of Code Section 31-8-11…
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. 31-8-131. Legislative findings and intent.
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 499 31-8-13…
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 Short title
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Legislative findings and intent. Definitions. Residents’ rights. Grievance procedure. Hearing; transfer of resident. Action for damages. Temporary restraining order; injunctions. Failure to validly license as defense. Mandamus. 31-8-161. 31-8-162. 31-8-163. 31-8-164. 31-8-165. 31…
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. 31-8-151. Definitions.
O.C.G.A. § 31-8-151 Definitions
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As used in this article, the term: (1) ‘‘Department’’ means the Department of Community Health created by Chapter 2 of this title. (2) ‘‘Medically indigent’’ means a person who meets the state-wide standards of indigency adopted by the department for the purposes of this article.…
O.C.G.A. § 31-8-152 Creation of Indigent Care Trust Fund
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There is created the Indigent Care Trust Fund as a separate fund in the state treasury. The state treasurer shall credit to the trust fund all amounts dedicated, transferred, or contributed to such trust fund and shall invest the trust fund moneys in the same manner as authorized…
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. § 31-8-153.2 Revenues raised from specified sources
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31-8-153.3. No lapse of contributions to the general fund. 31-8-154. Authorized expenditure of contributed funds. 31-8-155. Promulgation of rules for funding expansions of eligibility and indigent care programs. 31-8-156. Appropriation of state funds by General Assembly. 31-8-157…
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. 31-8-154. Authorized expenditure of contributed funds.
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. § 31-8-156 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: 506 31-8-158 (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 fi…
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. 31-8-162. Definitions.
O.C.G.A. § 31-8-162 Definitions
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As used in this article, the term: (1) ‘‘Department’’ means the Department of Community Health created by Chapter 2 of this title. (2) ‘‘Medically indigent’’ means a person who meets the state-wide standards of indigency adopted by the department. (3) ‘‘Nursing home’’ means a fre…
O.C.G.A. § 31-8-163 Segregated account of revenues raised through provider fees
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There is established within the trust fund a segregated account for revenues raised through the imposition of the provider fee. All revenues raised through provider fees shall be credited to the segregated account within the trust fund and shall be invested in the same manner as …
O.C.G.A. § 31-8-167 Annual report by department to General Assembly
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The department shall report annually to the General Assembly on its use of revenues deposited into the segregated account and appropriated to the department pursuant to this article. History. — Code 1981, § 31-8-167, enacted by Ga. L. 2003, p. 435, § 2. 31-8-168. Request for waiv…
O.C.G.A. § 31-8-169 Application of the Medical Assistance Act of 1977
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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, § 31-8-169, enacted by Ga. L. 2003,…
O.C.G.A. § 31-8-170 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, § 31-8-170, enacted by Ga. L. 2005, p. 505, § 1/HB 392. 31-8-171. Definitions.
O.C.G.A. § 31-8-171 Definitions
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As used in this article, the term: (1) ‘‘Care management organization’’ means an entity granted a certificate of authority under Chapter 21 of Title 33 of the Official Code of Georgia Annotated and which meets the definition found in 42 U.S.C. Sec. 1396b(w)(7)(A)(viii) as it now …
O.C.G.A. § 31-8-172 Segregated account for the deposit of fees
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There is established within the trust fund a segregated account for revenues raised through the imposition of the quality assessment fee. All revenues raised through such fees shall be credited to the segregated account within the trust fund and shall be invested in the same mann…
O.C.G.A. § 31-8-173 Assessment, calculation, and payment of fees
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(a) Each care management organization shall be assessed a quality assessment fee, in an amount to be determined by the department based on anticipated revenue estimates included in the state budget report, with respect to its gross direct premiums. The quality assessment fee shal…
O.C.G.A. § 31-8-175 Appropriation of revenues to the department
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(a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be made for the sole …
O.C.G.A. § 31-8-176 Annual report by the department
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The department shall report annually to the General Assembly on its use of revenues deposited into the segregated account and appropriated to the department pursuant to this article. History. — Code 1981, § 31-8-176, enacted by Ga. L. 2005, p. 505, § 1/HB 392. 31-8-177. Applicabi…
O.C.G.A. § 31-8-177 Legislative authority
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Definitions. Segregated account for the deposit of fees. Assessment, calculation, and payment of fees. Collection and disposition of fees; authority of department to inspect records of care management organizations; overpayment or underpayment; penalty for failure to pay fee. App…