O.C.G.A. § 31-7-179 (2019)

Article 10 Patient Centered and Family Focused Palliative Care Legislative intent. Definitions.

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Sec. Georgia Palliative Care and Quality of Life Advisory Council. Palliative Care Consumer and Professional Information and Education Program. Article 11 Facility Licensing and Employee Records Checks (Repealed effective October 1, 2019) Definitions. (Repealed effective October 1, 2019) New facility licensing; facility directors. (Repealed effective October 1, 2019) Director records check applications and employee preliminary records check applications; satisfactory alternative evidence; contracts for records check determinations. (Repealed effective October 1, 2019) Written notification as to department’s preliminary records check determinations; effect of unsatisfactory determinations; issuance of temporary licenses. (Repealed effective October 1, 2019) Transmission of director’s fingerprints to Georgia Crime Information Center for review; notification to department of findings; retention of fingerprints. (Repealed effective October 1, 2019) Issuance of regular licenses. Expiration of facility licenses issued prior to July 1, 1985; issuance of temporary or regular licenses [Repealed]. Procedure upon issuance of temporary licenses [Repealed]. (Repealed effective October 1, 2019) Change of facility director; notification to department; effect of department determination. (Repealed effective October 1, 2019) Preliminary records check determination; suspension or revocation of license; refusal to issue regular license; fingerprint check; employment history; director’s criminal liability; exempt employees; mitigating factors in criminal records check; civil penalty. (Repealed effective October 1, 2019) Cooperation of Georgia Crime Information Center and law enforcement agencies with department; liability for misuse or attempted misuse of information. (Repealed effective October 1, 2019) Liability for claims in connection with dissemination of information or determination based thereon. (Repealed effective October 1, 2019) Supplemental nature of requirements of this article. (Repealed effective October 1, 2019) Contested cases for purposes of the ‘‘Georgia Administrative Procedure Act.’’ (Repealed effective October 1, 2019) Regulatory power of department. (Repealed effective October 1, 2019) Facility licensing and employee records checks for personal care homes transferred to Department of Community Health. Article 12 Health Care Data Collection Health care provider annual reports; form. Data system established; departmental authority. Collection and submission of data. Compilation and dissemination of information; rules and regulations. Public disclosure; updating of data base; publication; fees. Confidentiality; liability.

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Article 13 Private Home Care Providers Sec.

Definitions. License requirement; license not assignable or transferable. Rules and regulations; authority of department to issue, suspend, or revoke licenses. Inspections; requirements for exemption. Fees. Exempt services. Applications received prior to effective date of article. Certificate of need not required of licensees; operation of licensee as home health agency not authorized. Licensure and regulation of private home care providers transferred to Department of Community Health.

Central Caregiver Registry Nursing Homes Employee Records Checks (Effective until October 1, 2019) Definitions. Request for criminal record check; employment application form notice. Immunity from liability. Penalty for hiring applicant with criminal record. Authority to enforce article; rules and regulations.

Article 14 Georgia Long-term Care Background Check Program (Effective October 1, 2019) Consent to background checks; certain results of background check barring employment; rights of owner, applicant, or employee. Personnel files; when department may require background check; result of unsatisfactory determination. Facility’s failure to comply with provisions; penalty. Required notice on application form. License revocation or withholding; additional requirements. Liability for civil damages; sovereign immunity not waived. Rules and regulations. Transfer of responsibilities, rights, and personnel between departments. Article 14A Article 14 Short title; purpose. Definitions. Registry check required; validation of licensing. Records check application; transmittal of fingerprints; penalties for unauthorized release or disclosure of information.

(Effective October 1, 2019) Purpose and intent. (Effective October 1, 2019) Definitions. (Effective October 1, 2019) Establishment of central caregiver registry. (Effective October 1, 2019) Private employer’s inquiry with department on eligibility of employee; employer responsible for decisions. (Effective October 1, 2019) Appeal of ineligibility determination. (Effective October 1, 2019) Immunity from liability. (Effective October 1, 2019) Rules and regulations. Article 15 Hospital Acquisition Definitions. Notice to Attorney General of acquisition. Content and form of notice to Attorney General; retention Sec.

of experts; payment of costs and expenses. Certification of interest in acquiring entity; certification of financial interest in business associated with party to disposition; statement of fair dealing; opposing board members exempt. Publication of notice. Public hearing; expert or consultant required to testify; testimony; representative of acquiring entity to testify. Purpose of public hearing; factors to be addressed in disclosure. Attorney General to ensure compliance with article; other persons not precluded from instituting judicial proceedings.