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2018 Georgia Code 31-7-150 | Car Wreck Lawyer

TITLE 31 HEALTH

Section 7. Regulation and Construction of Hospitals and Other Health Care Facilities, 31-7-1 through 31-7-412.

ARTICLE 7 HOME HEALTH AGENCIES

31-7-150. Definitions.

As used in this article, the term:

  1. "Branch office" means a location or site, identified in the application or endorsement thereto, from which a home health agency provides services within a portion of the total geographic area served by the parent agency and which is part of the home health agency and is located sufficiently close to share administration, supervision, and services in a manner that renders it unnecessary for the branch independently to meet the requirements of this article.

    (1.1) "Department" means the Department of Community Health.

  2. "Home health agency" means a public, nonprofit, or proprietary organization, whether owned or operated by one or more persons or legal entities, which is engaged in furnishing home health services.
  3. "Home health services" means those items and services furnished to an individual according to a written plan of treatment signed by the patient's physician, by a home health agency, or by others under arrangement with the home health agency, on a visit or hourly basis, in a place of temporary or permanent residence used as the individual's home, as follows:
    1. Part-time or intermittent skilled nursing care as ordered by a physician and provided by or under the supervision of a registered nurse and at least one other service listed in subparagraphs (B) through (D) of this paragraph;
    2. Physical, occupational, or speech therapy;
    3. Medical social services; and
    4. Home health aide services.
  4. "License" means a license issued by the department.
  5. "Licensee" means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the home health agency.
  6. "Parent home health agency" means the agency that develops and maintains administrative controls of subunits or branch offices.
  7. "Physician" means an individual currently licensed or authorized to practice medicine, surgery, or osteopathy in this state.
  8. "Plan of treatment" means a plan written, signed, and reviewed at least every two months by the patient's physician prescribing items and services for the patient's condition.
  9. "Registered nurse" means an individual who is currently licensed as a registered professional nurse in this state.
  10. "Subunit" means a semiautonomous organization which serves patients in a geographic area different from that of the parent agency and which, by virtue of the distance between it and the parent agency, is judged incapable of sharing administration, supervision, and services on a daily basis with the parent agency and must, therefore, independently meet the licensing requirements for a home health agency and shall be separately licensed.

(Ga. L. 1980, p. 1790, § 2; Ga. L. 2008, p. 12, § 2-15/SB 433.)

JUDICIAL DECISIONS

Authority of Department of Medical Assistance (now Department of Community Health) regarding branch office.

- Failure of a provider under the Home Health Services Program of the Georgia Medicaid Program to satisfy Department of Medical Assistance (DMA) (now Department of Community Health) regulations governing the geographic location of branch facilities authorized the DMA to disallow reimbursement, even if the federal Health Care Financing Administration and the Department of Human Resources had approved the provider's branch organizational structure. ABC Home Health Servs., Inc. v. Georgia Dep't of Medical Assistance, 211 Ga. App. 496, 439 S.E.2d 696 (1993).

Cited in Tift County Hosp. Auth. v. MRS of Tifton, Ga., Inc., 255 Ga. 164, 335 S.E.2d 546 (1985).

Cases Citing Georgia Code 31-7-150 From Courtlistener.com

Total Results: 1

Tift County Hospital Authority v. MRS of Tifton, Georgia, Inc.

Court: Supreme Court of Georgia | Date Filed: 1985-10-09

Citation: 335 S.E.2d 546, 255 Ga. 164, 1985 Ga. LEXIS 1006

Snippet: 31-7-51; 31-7-71; 31-7-75; 31-7-77; 31-7-96 and 31-7-150. We have reviewed those sections, and invite attention