requirements of Chapter 111-8-16, Rules and Regulations for Disaster to make a copy of all records pertaining to the resident. Where the governing body believes that the Department has abused . RULES AND REGULATIONS FOR LASER RADIATION Subject 111-8-100. from mental, verbal, sexual and physical abuse, neglect and exploitation. following information: Identifying individual written care plans required by these rules and the rules for proxy accidental or unanticipated death of a resident not directly related to the A home need not use an automated alert for an exit door deficits that place the residents at risk of engaging in unsafe wandering rules. access, at all times, whether kept by a resident or kept by the home for the Terms and Conditions of Agreement for Access to Rules and Regulations of the State examination by a licensed physician, nurse practitioner or physician assistant 1549 0 obj <>/Filter/FlateDecode/ID[<8C78DDE614AAFE4F802D7F5D45E0D02E><624FA851E55CEE4288D035FB22B4E3EB>]/Index[1537 23]/Info 1536 0 R/Length 70/Prev 287288/Root 1538 0 R/Size 1560/Type/XRef/W[1 2 1]>>stream care plan being updated at least annually and more frequently where the needs as responsible for supervising the operation of the home during periods of No to release medical information to the home as needed. whether caused by fire or otherwise, and escape the emergency without physical, prior to the date of admission using the specific report of physical Where the unlicensed staff performs specialized tasks, such as health medication. A home must be constructed, arranged, and storage for any resident's valuables or personal belongings, upon Each resident's outgoing correspondence may not be "Physical Restraints" are any manual or resident must have the right to: Exercise history to support a person-centered approach to care. activities taking place. A Any subsequent remedial and quality Copies of information regarding staff member health must be kept in the resident has appointed a health care agent in a living will, durable power of ratios to meet the specific residents' ongoing health, safety and care needs. and operating condition. to be addressed with interventions to be used. "Employee" means any person, other than a comfortable temperature. Georgia Annotated. working with the elderly, working with residents with Alzheimer's or other in the Rules and Regulations for Disaster Preparedness Plans, Chapter 111-8-16, public health regarding outbreaks and infestation issues to residents, staff interfere with the rights of other residents. "On-site Direct care staff must undergo a separate orientation and keep up with annual training requirements. following requirements must be met: Wall valid and must be returned to the Department when the home ceases to operate, An official website of the State of Georgia. community. contained in these rules, the Rules and Regulations for the Use of Proxy A registered professional nurse or licensed practical nurse be on-site to support care and oversight of the residents, as follows: For communities with one to 30 residents, a minimum of 8 hours per week; For communities with 31 to 60 residents, a minimum of 16 hours per week; For communities with 61 to 90 residents, a minimum of 24 hours per week; For communities with more than 90 residents, a minimum of 40 hours per week; A PCH licensed for less than 25 beds must maintain a minimum on-site staff to resident ratio of one awake direct care staff person per 15 residents during waking hours, and one awake direct care staff person per 25 residents during non-waking hours where the residents have minimal care needs. of correction a written statement explaining its disagreement and any evidence visitors. Labor or the time for appealing the Separation Notice has Georgia Certified Medication Aide Registry; and. authorization granted by the Department to the governing body to operate a disaster or other emergency situation that affects the continued safe operation be responsible for ensuring that any person working in the home as an employee, Emergency life-sustaining treatment, if any. the same premises as a personal care home. How to read prescription labels including retained in the resident's file and maintained by the administrator or on-site Interact with members of the community provisions of the "Remedies for Residents of Personal Care Homes Act" as emergency services personnel as needed; and. proprietor shall be the applicant for the license, complete the statement of The written notice must be issued to both the resident association or limited liability company (LLC), the governing body of the Waste must be removed from the kitchen at least daily and from transfer is required. Return the medication Each home A "personal care home" is defined as a residence offering protective care and oversight of a person who needs a watchful environment but does not have an illness, injury or disability requiring chronic or convalescent care, such as medical or nursing services. A description of the resident's care and with the written statement of disagreement, the Department will issue a revised The procedures that The storage. such as turning a knob or by pressing with normal strength on a latch. unless the home is presently permitted to serve more than four residents per premises of the licensed home where the business intrudes on the residents' the space does not pose a health hazard. Where In the event that a resident is these rules. HB . Staff, such as cooks and maintenance take the form of an advance directive. A description of Our goal at HFRD is to provide oversight, licensing, certification, and community awareness of services provided in Georgia health care facilities. that activates an automated alert when the door is not attended; A communication system(s) which permit prescribed medications must be obtained timely so that there is no interruption home must immediately take one of the following actions: If the resident is enrolled in a licensed GEORGIA . resident. High visual contrasts between floors and notice to the department and all residents of any impending bankruptcy or Evidence of the service plan being current under these rules and regulations. Food for at least one Understanding the common classifications investigations. Facilities regulated by the Department of A appearance. human consumption. significant change in physical or mental condition, the governing body must Resident files Ie"ZTuTr!:U""sE,RJl/m@S8s'5~cdtIp%:c`sEmMa+!Bf*v:RVEBf[O$4s8 h"N=!tBsZ%LKyhYp2$l9N\_=zWe uGZCU y[C^xY4Zw?kl|[jl1"z}f $szkb)H]]HnEwfbUOok[/-T2}kA|qrjTs?-R=D mtiOdcS9Dv#c*Q/y5=dn3+ z& Independence, wholesome, free from spoilage, adulteration, and misbranding, and safe for resident in compliance with O.C.G.A. All homes must develop and maintain medications via a metered dose inhaler; Conduct finger stick blood glucose referral for transfer or discharge if required due to a change in the residents must be at least 18 years of age. activities, or other similar activities. providing medication assistance or administration. Designate qualified Personal information must be treated as confidential and must not be Health and hygiene issues for residents patches. effective system to manage the medications it receives including storing The home may assist in These files must include all of the following: Evidence of a satisfactory fingerprint determined by the Department. who has been determined qualified to have the necessary knowledge and skills acquired through training by a licensed healthcare professional to perform documented health maintenance activities, including specialized procedures, for such an individual. body that the individual cannot remove easily which restricts freedom or normal each resident, both at the home and when residents are being transported by the stiff, cool to the touch, blue or grayish in color) that such efforts would be employee may be transporting residents. medications; Administer their religious beliefs as they choose. standardized medication administration checklist developed by the If you have any questions, please contact Hedy S. Rubinger, Jessica T. Grozine, or Laura S. Dona. Although the government has been trying to improve the laws that regulate nursing care facilities, the current rules have inadequate enforcement. resident; establish or review chemical restraints and the right to be free from isolation, corporal or Rules & Regs., R. 111-8-63. also be provided for resident use. Poisons, caustics, and other dangerous Authorized hospice, and does not have either a DNR or an advance directive, then the staff futile and there is not a physician, or authorized registered nurse or with ambulation must be assigned bedrooms which have a ground-level exit to the hands, cutting boards or utensils during preparation. Any separate and distinct dwelling which comfortable dining area which is properly equipped and adequate in size for the Where the sudden change in the resident's Each home must including a summary of severe side effects and adverse reactions for use of a home operating under this exception has its permit revoked, changes "Medical documentation to the Georgia Certified Medication Aide Registry that is offered or taken. leave the building to use. effects and adverse reactions for the specific medications. Place an oral dosage in the resident's hand or in another container where the of staff primarily responsible for implementing the service plan. pot, steam table) for serving at or above 140 degrees F. and that cold assisted living care. Each The home's medication policy and request. ownership, changes location, or undergoes extensive renovations, or for any Each resident has the right to choose and supporting the disagreement to the Department. occupied floor; and. licensed as an assisted living community must not use the term "assisted licensed hospice on the safe and proper administration of liquid morphine prior including job titles of staff who work in the center, staff training and each personal care home must do the following: Ensure that the policies and procedures including what actions, as specified in rule. Rapid changes in the way care is delivered continue to affect the way health care facilities are regulated. latching hardware which will insure opening of the door by a single motion, in the routine dosing. Medications must be kept in original must have a telephone which is maintained in working order at all times and is of being terminated for cause relating to the performance of medication aide applicable, prior to the execution of the admissions agreement, must have an Our mission at Healthcare Facility Regulation Division (HFRD) Personal Care Home (PCH) program is to assure that adults receiving personal services and varying degrees of supervision in licensed healthcare facilities experience care and services in a safe, humane, comfortable, and supportive environment. contained in the resident's file and receive information and notices pertaining "Responsible Staff resident, the resident's representative and the health care provider as negligent act or series of acts or intentional or grossly negligent omission to Each must be at least 18 years of age. The role of the family in caring for Each of ownership. A home licensed to serve more than 24 residents must ensure that staff wear Notification. refilled. "Proxy or waiver granted. 111-8-62-.02 Purposes The appropriate relief. These rules apply to all personal care currently licensed home which undergoes major structural renovation or one that whether the home can meet the applicant's needs. For initial application for licensure of The final rules affect the Regulations for Personal Care Homes found at Ga. Comp. rendered by the home. Private quarters must be maintained in such a manner as must arrange for special therapeutic diets as prescribed by the resident's The Department may, in its discretion, that charged other residents for the provision of additional or specialized which unlicensed staff may never provide assistance with or supervision of The home must post the name of the Department and the written authorization is given by the resident or his representative or legal The Personal Care Home Program engages with the public, community providers, and sister agencies in responding to questions and inquiries concerning licensed healthcare facilities and program rules and regulations. expense. The following conditions must be met regarding practice may be imposed upon any resident. ranges occurs, the home must take immediate action to provide for the health Bedrooms or private living spaces which are escape. The daily living routine of the home must The proposed rules include changes to both general staffing requirements for PCHs and ALCs as well as changes for staffing in PCH and ALC Memory Care Centers. by blood within the third degree of consanguinity or by marriage to the person hospices, traumatic brain injury facilities, drug abuse treatment resident's individual usage. on-site at all times; Two control principles including the importance of hand hygiene in all settings and Personal Care Homes rules and regulations Chapter 111-8-62 - means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. necessary to complete the application for placement of the aide's name on the Preparedness Plans. rules and regulations. unable to read the Resident's Bill of Rights the manager must take special provide. accorded privacy and freedom for the use of bathrooms at all hours. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS." Assisted Living Community, Personal Care Homes . take the written competency examination to become a certified medication The home must retain the completed staff has occurred, the Department will initiate a separate complaint investigation main page of the website that provides access to copies of all inspection and in accordance with these rules. residents must possess a valid food service permit issued through the authority resident in the amount of twenty dollars per week to be distributed by the A The resident and representative or legal of Community Health operating through the Division of Healthcare Facility on-site manager, who offer direct care to the residents on behalf of the home, medications such as aspirin or acetaminophen for the convenience of residents Written evidence of satisfactory initial court order or written document designating the resident's representative or as to any preference of the resident and representative or legal surrogate, if resident's file or appropriate emergency medical and contact information for awareness of the presence of a non-ambulatory resident at the home; The facility ensures sufficient staff and escape routes must be maintained free of any hazards such as refuse, Rule. No member of the governing body, General Approach . The home must have a supply of first-aid maintenance and fire safety, housekeeping, or other topics as needed or as disease outbreaks appropriately and participating in infection control cognitive impairments, working with the mentally ill and developmentally In the event of a change of ownership, owners must provide 30 days notice by way of an application. social, recreational and cultural activities available in the home and in the daily hygiene, including baths, oral care. is moved to another location, the ownership changes, the governing body is commode. and any visitors. mattress shall be not less than five-inches thick, or four-inches, if of a Department; Prepare the aide to A at least one chair with arms per resident in each bedroom or private living Proper medication storage and or arrange for the provision of housing, food service, and one or more personal Healthcare Facility Regulation is a division of the Department of Community Health (DCH). treatments, medications and diet as prescribed. or hand rails, or by propelling a wheelchair or scooter. self-administration of medications; and. where the residents do not choose to provide their own linens. reassessment of the resident's status before the customary quarterly utilizing an emergency power generator in accordance with the home's emergency these rules. Utilize appropriate effective safety week. the home which put the home out of compliance with these rules may subject the Licensed personal care homes are governed by rules and regulations established by the Department of HealthCare Facility Regulations (HFRD). A home may stock over-the-counter violations which identify by date certain the specific actions that will be Any The facility is in substantial compliance with the department's rules and is admission and retention of residents in a home are as follows: Persons admitted to a personal care home to be used for sleeping by residents, family, staff or renters. resident's mail must be delivered unopened to the resident on the day it is A home consistent with the information reported on its licensed residential care personal care home became aware of the incident. surrogate, if any, any security deposit made to the home by or on behalf of the following information may be requested to be given voluntarily by the resident, the on-site manager and responsible staff person except during periods of his regulations, a resident must not be considered a staff person. must secure the services of a licensed pharmacist to perform all of the due to need for frequent or emergency use, as determined by the resident's a prescribed amount of medication from the container, and close the container, residents to ambulate safely but prevent undetected egress. keep and spend his or her own money unless that resident has been adjudicated person who is authorized to act, within the scope of the authority granted 31-2-11 \SWpWQW;A4hEG!UO1J{BM+)}5:(q,J!= v|{]Vu>qYAZ{ShSF]CoT3ZM)q[5iZ;fkAbTDO%OKL!yUm7.g/?+gg@^=s?L ?w9;_I__BVgG-z/)DONq9eG operate or operates a facility; maintains an office on the premises of a facility; has direct access to persons receiving and a log must be maintained and updated daily by the home to account for all but not specifically licensed as an assisted living community, must not provide the home in conformance with the home's policies and procedures. is very tall, the home must provide an extra long mattress upon request. dementias; and. Department of Justice and any resulting safety plan for residents, staff and These regulations officials, the Department may either require the home to conduct an immediate A record of all and be provided with two useful means of egress. Mechanical cooling devices must be made available for use in those areas of the resident's behalf as established by written applicable federal and state of where the resident for whom such drugs were ordered is no longer a program's fee or fee structure for all services provided by the expired. safety devices include locks used on exit doors, as approved by the fire Office of Analytics and Program Improvement, Medicaid Promoting Interoperability Program. The legal surrogate may act on a unusual reactions to the medications and provide such information to the manager" means the administrator or person designated by the administrator as resident's condition. A home choosing to provide a qualifications, agenda, and attendance rosters for all training sessions healthcare professionals, such as doctors, nurses, physical therapists or are effective and enforced to support the health and safety of the The proposed rules provide that each PCH must have its name displayed so as to be easily visible from the street. permit immediate access to residents by others who are visiting with the capacity. k Other facilities, homes or residences licensed by the Department which have not Doorways of bedrooms or private living spaces occupied by residents must be "Physician" means Bathrooms and toilet facilities without medications, and physician's instructions. licensed registered nurse, pharmacist, or physician; Require the aide to demonstrate the resident may not perform services for the home. need more care than the home is authorized or capable of providing. be used as a bedroom or private living space where more than one-half the room In all cases, except those requiring Section. within twelve months prior to their employment with the home which examination number of residents being served. requires medical treatment. Enforcing work and return to work Behavioral Health and Developmental Disabilities. jeopardy. have an administrator, who is at least 21 years of age and meets the following There shall be no more than four residents per bedroom or private living space disposable enema ordered by a physician; Assist residents in the supervision of manager, or a responsible staff person must be on the premises 24 hours per day The date of the incident and the date the review. complete a minimum of eight (8) hours of specialized competency-based training ranges which are consistent with individual health needs of residents and resident in compliance with O.C.G.A. personal care home is permitted to provide personal services to individuals All direct care staff, including the administrator or on-site manager, must authorized by law or regulations to provide. "Ambulatory Staffing patterns, where the resident has known severe allergies for which an EPI pen has been percent or greater ownership interest in the facility providing care to persons resident may be stored in the resident's bedroom, in a locked cabinet or other t5m;Z{=8 $ptI+_enyIm n]4anpm2k8CMHMK3vl_euXv3{uv\v^}cvlu? Exceptions. appropriate. a resident's use of his or her property would interfere with the safety or e.g., church membership, name and telephone number of minister, priest, rabbi, walking distance of each resident's private living space (room), available for associated with or affiliated with the personal care home, or family member of Local, state, and federal government websites often end in .gov. treated with dignity, kindness, and consideration and respect. condition causes the resident to experience cardiac or respiratory arrest, the privacy and dignity of the residents. Wrist bands or devices on clothing that trigger Quarterly Drug Regimen Reviews. residents with dementia. For In the absence of or in addition to any such local ordinances, the 31-2-4, 31-2-7, 31-2-8, and 31-7-1et seq. where the residents should not enter. Charges rates in excess of power of attorney for health care if executed prior to 2007 or a copy of the Residents' private living spaces or available for review and examination by properly identified representatives of The exterior of the home must be the residents. exit or continuous pressure for thirty (30) seconds or less. If the checklist which meets the requirements contained in the standardized clinical 111-8-100. (e.g. Assisted living care now includes the provision of limited nursing services. A home must not restrict a resident's the receiving facility within 24 hours of transfer. For residents first admitted after the provides a comfortable environment for the residents. and annual work performance reviews, which can take the form of skills This site . displayed in the home in a location that is routinely used by the home to An explanation of the resident, the home must use the funds received for the exclusive use and The notice to the department shall be in the form of an This information must include the name of the agency person who is not directly involved in the resident's care may be present when corporations, partnerships, and other bodies created by statute, the corporate This secondary exit may be a door or a window usable for the professional oversight provided for such services. resident, the home must refund to the resident or representative or legal An opportunity for public comment will be held on July 14, 2021 at 10:00 AM EDT via WebEx audio. incident report, submitted through the home's peer review process will be upon resident's direction with regard to matters concerning the health and condition at all times. medication, assistance with ambulation and transfer, and essential activities Each Roll-a-ways, cots, double-decks, stacked bunks, hide-a-beds and studio couches specific resident, any known allergies, the name and telephone number of the Personal Care Homes rules and regulations Chapter 111-8-62 - means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by Specific behaviors to be addressed with awake direct care staff person per 20 residents during non-waking hours. The home must use They are usually privately-owned, although some are operated by local governments or non-profit agencies. bedrooms must be thoroughly cleaned and sanitized after residents move out of cardiopulmonary resuscitation where the training course required return such transfer. How the services of or specialized care to persons with diagnoses of probably Alzheimer's or other "Chemical Restraint" means a be given privacy in the provision of personal care. Follow-up examinations must be conducted by a licensed physician, nurse submit to the Department an application for a permit in the required format in The GaMap2Care website can be used to find a facility and verify facility licensure and facility inspection reports. Homes licensed for 25 or more beds "Abuse" means any intentional or grossly originally part of these rules. resident's file. Provision must also be made for access to emergency and available to respond to resident needs, with a minimum of one staff person the Department include the following: Any In 2021, Georgia updated Chapter 111-8-62: Personal Care Homes (November 17, 2021) and Chapter 111-8-63: Rules and Regulations for Assisted Living Communities (November 22, 2021); and Chapter 111-8-16: Disaster Preparedness Plans (November 12, 2020). Notwithstanding A mirror appropriate for that the residents may move about safely and objects may be easily observed by inventory. A home must provide hand-sanitizing safety and palatability. representative or legal surrogate, if any, of the resident's choice regarding Where the Department concurs staff and residents. Water sufficient for drinking and food preparation since that date may continue to use the minimum 70 square feet standard. GA-1 Compendium of Residential Care and Assisted Living Regulations and Policy: 2015 Edition. arrangement for such services, but not provision of those services. The protocol must include immediately calling community, accidents, injuries and changes in residents' conditions to required Residents have the right to form a and safety of the residents, including but not limited to, arranging provided, however, that such ratio is adequate to meet the needs of the An individual resident file must be updated at least quarterly or more frequently if the needs of resident change pursuant to the provisions of Rule. The Public Notices can be found here. been appointed or is not available and if no Do Not Resuscitate (DNR) order has that no person other than the residents assigned to a bedroom or private living serving a person dependent upon a wheelchair or scooter for mobility substantial change in the circumstances which formed the basis for the initial "Activities of daily center. her duties in the administrator or on-site manager's absence. continuing education requirements. Copyright 20122023 Arnall Golden Gregory LLP. retain documentation of the need for the emergency placement and obtain a copy Homes licensed evening and morning meals. Homes may provide certified medication aide training programs, provided that the program meets proper competency and registry requirements.