Title 10 — Health and Safety

This Chapter may be cited as the Guam Medical Assistance Plan. SOURCE: GC § 9945. ---------- COL120106 COL120106

It is the policy of this Territory to encourage and promote measures and the development and utilization of resources to insure the effective care and treatment of persons who are convalescing or whose physical or mental condition requires them to receive a degree of nursing and/…

As used in this Chapter, unless the context requires a different meaning: (a) Nursing home means an institution, private home, other place or part or unit thereof, however named, whether for profit or not, including facilities operated by the government of Guam, which is advertis…

(a) No person shall operate a nursing home unless the Department of Public Health and Social Services has issued, and there is in force, a license authorizing such operation. (b) No license to operate a hospital or other facility for the care and treatment of the physically or me…

Notwithstanding any provision of this Chapter no license pursuant to § 7103 hereof shall be required as a condition of the establishment or opera- tion of any nursing home by this Territory or any agency thereof. All other provisions and requirements of this Chapter and standards…

Home. (a) Any person proposing to operate a nursing home shall, prior to the commencement of such operation, make application to the Department of Public Health and Social Services for a license by the Department of Public Health and Social Services, which shall contain the follo…

License. (a) Sixty (60) days prior to the expiration date of a nursing home license, an application for a renewal thereof shall be submitted to the Department of Pubic Health and Social Services on a form approved by it. Upon receipt and review of the application and determinatio…

Any owner or administrator of a nursing home or proposed nursing home may submit plans and specifications thereof, to the Department of Public Health and Social Services for advice concerning their suitability in COL120106 the light of requirements of law. The Department of Publi…

In administering this Chapter, the Department of Public Health and Social Services shall, in addition to powers otherwise conferred upon it, have power to: (a) Develop, issue, amend and revise standards, rules and regulations which shall implement this Chapter and shall have the …

COL120106 The words hospital, sanitarium, rehabilitation center, or any words conveying a meaning substantially identical thereto, shall not be used in the name of a nursing home. A nursing home shall use the name as it appears on the nursing license for its premises. The name of…

Every nursing home shall comply with all applicable standards, rules and regulations of the Department of Public Health and Social Services agency and shall: (a) Be under the administrative direction and charge of the person whose name appears on the nursing home license as admin…

(a) The presence of each patient in a nursing home shall be covered by a contract executed at the time of admission or prior thereto by the patient or his legal representative and the nursing home. Each party to such a contract shall be entitled to a duplicate original thereof an…

COL120106 (a) The Department of Public Health and Social Services shall classify nursing homes according to character, size and range of services provided. Wherever it considers distinction to its standards, rules and regulations to be appropriate as among different classes of nu…

(a) The admission of a patient to a nursing home and his presence therein shall not confer on such nursing home or its owner, administrator, employees or representatives an authority to manage, use or dispose of any property of such patient; nor shall such admission or presence c…

No nursing home shall employ or otherwise permit any person to serve there in any capacity, if such person has a communicable or contagious disease or other disease or condition that would make him dangerous to the health or welfare of patients therein. Except in homes exempt fro…

(a) No person shall be admitted to or be permitted to remain in a nursing home as a patient if: (1) He is dangerous to himself or other patients; (2) His condition or conduct is such that he would be unduly disturbing to other patients; (3) He is in need of medical procedures whi…

No owner, administrator, employee or representative of a nursing home shall pay any commission, bonus, fee or gratuity in any form whatsoever to any physician, surgeon, organization, agency or to any person either directly or indirectly, for patients referred. SOURCE: GC § 9955.1…

(a) Whenever a nursing home discontinues operation, and during the period when it is preparing for such discontinuance, the home shall inform the Department of Public Health and Social Services of the impending discontinuance of operation. The home also shall inform the patient, …

(a) The requirements of this Chapter, or of any standard, rule or regulation pursuant thereto, for medical and nursing services shall not apply to any home operated by or exclusively for the members of a religious order or denomination whose tenets forbid subjection of the person…

The Department of Public Health and Social Services and any duly designated officer or employee thereof, shall have the right to enter upon and into the premises of any nursing home licensed pursuant to this Chapter at anytime in order to determine the state of compliance with th…

(a) No department, agency or officer of this Territory shall pay or approve for payment from public funds any amount or amounts to a nursing home under any program of government aid in connection with services provided, or to be provided, an actual or prospective patient in a nur…

(a) Any application for a nursing home license and an application for renewal thereof shall be accompanied by a fee which shall, by rules and regulations, be established by the Department of Public Health and Social Services. The issuance of a new nursing home license resulting s…

(a) Any person who violates any provision of this Chapter or any standard, rule or regulation in force pursuant thereto shall be subject to a fine of not to exceed One Thousand Dollars ($1,000). If the violation consists in whole or in part of operating a nursing home without a l…

(a) No nursing home license may be suspended, revoked, denied or renewal denied without a hearing, if requested by the licensee, on due notice, except that the Department of Public Health and Social Services may suspend any such license prior to hearing when it finds that the hea…

This Chapter may be cited as the Senior Citizens Act of 1978. SOURCE: GC § 9980, as added by P.L. 14-139.

(a) Division means the Division of Senior Citizens. (b) Administrator means the head of the division to be known as the Senior Citizens Administrator. (c) Council means the Guam Council on Senior Citizens. (d) Senior Citizen means any person fifty-five (55) years of age or older.…

There is hereby established within the Department of Public Health and Social Services the Division of Senior Citizens which shall plan, coordinate or implement programs geared toward assisting senior citizens in their needs and problems and in their attainment or maintenance of …

The Division shall: (a) formulate plans and policies, develop a comprehensive approach, coordinate or implement programs and services to enable senior citizens to develop or maintain their full potential, skills, abilities, community participation and citizenship; (b) extend seni…

(a) The Senior Citizens Community Employment Program shall provide employment opportunities to the Territory's senior citizens who are able to be gainfully employed. (b) Preference for employment in the Senior Citizens Community Employment Program shall be given to senior citizen…

The Department of Public Health and Social Services may receive and expend funds from the United States government for senior citizens employment programs. The expenditure of the funds shall be in accordance with federal requirements but shall be as compatible as possible with th…

(a) There is established within the Division the Guam Council on Senior Citizens (Council). The Council shall function in consonance with § 8106 of this Chapter and pursuant to the federal guidelines contained under Section 10a(3) of Title III of the Older Americans Act of 1965, …

Although the Director maintains general supervision and control, the Council shall provide initial review of the senior citizens' programs under this Chapter and for that purpose it shall: (a) Furnish leadership needed for long- range planning; (b) Accept, with the approval of th…

The Council shall meet at such times and places as it shall prescribe by rule or resolution, at least once per month. All its meetings shall be public and notice of such meetings shall be given three (3) days prior to the date scheduled. SOURCE: GC § 9986, as added by P.L. 14-139…

The Senior Citizens Administrator shall be the Chief Administrative Officer of the division and the Executive Secretary of the Council. SOURCE: GC § 9987, as added by P.L. 14-139.

The division shall carry out such functions geared towards responding to the needs and problems of the elderly including but not limited to the following: (a) Make contact with all senior citizens in various districts and provide at the district level such services as outreach, i…

(a) The senior citizens' home may consist of apartments, condominiums, cooperatives or other similar congregate types of structures. (b) The home may be located in an area that will provide easy access for the elderly to the centers of shopping and government. (c) Such home shall…

All requests or proposals for appropriations from the public funds of Guam and from the Federal government for the general operation and programs of the division shall be prepared by the Administrator subject to the review of the Council and approval of the Director prior to subm…

The division shall comply with all Federal requirements and adopt such rules and regulations as needed relative to Federal grants and grants-in-aid for the aging programs. SOURCE: GC § 9991, as added by P.L. 14-139.

Development Fund. (a) For the purpose of securing, insofar as possible, self- supporting activities of some programs of the division, there is hereby established a fund to be known as the "Division of Senior Citizens Auxiliary Service and Development Fund" which shall be maintain…

The Council shall make an annual report to the Director, who in turn shall provide a copy of said report to the Governor and the Legislature at the termination of each fiscal year setting forth a summation of its activities and general recommendations. SOURCE: GC § 9993, as added…

The division is authorized to accept services of individuals and organizations, on a voluntary basis, in its programs under a carefully planned and supervised manner. SOURCE: GC § 9994, as added by P.L. 14-139.

(a) There is established within the Division of Senior Citizens of the Department of Public Health and Social Services, the Manamko Yan Manhoben program (the "Program") which shall consist of a two (2) hour cultural and educational exchange designed for youths, wherein the elderl…

(a) I Liheslatura hereby finds and declares that the cost of health care now exceeds the ability to pay for the average resident of Guam. Expanded insurance protection has been seriously retarded by uncontrolled inflation in health care costs. (b) Factors responsible for the infl…

(a) “Prepaid Health Plan” means a plan which offers a specified scope of benefits to an enrolled population for a predetermined prepaid annual rate. COL 2025-04-22 (b) “Health Maintenance Organization” means any organization of providers of personal health services with a proven …

The Health Commission is hereby created and is the regulatory body which shall set policy and determine regulations which relate to the operation of personal health service of all kinds. The Health Commission shall consist of seven (7) members, appointed by I Maga’håga/Maga’låhi …

Notwithstanding any other provisions of law, no contract for provision of health care services executed after the operative date of this Chapter between individuals and fiscal intermediaries or groups of any type and fiscal intermediaries, may be issued or renewed without approva…

The provisions of this Chapter shall apply to health maintenance organizations, as defined in Subdivision (b) of § 9102, engaged in the delivery of health care services under this Chapter. SOURCE: GC § 9990.4.

(a) Each health maintenance organization shall be required to report annually to the Commission on the cost of operation, the use of services, the current description of the location of physicians, allied health professional and health facilities and the number of persons to whom…

Laboratory services provided under the provisions of this Chapter are to be provided only in the laboratories which are approved by the Commission or the agency it so designates, in conformance with law. SOURCE: GC § 9990.6. COL 2025-04-22

Health maintenance organizations shall be certified by the Commission, and shall at least meet the conditions of participation under Federal law. SOURCE: GC § 9990.7.