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2018 Georgia Code 31-7-3.4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-7-3.4 Case Law from Google Scholar Amendments to OCGA 31-7-3.4

TITLE 31 HEALTH

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

ARTICLE 1 REGULATION OF HOSPITALS AND RELATED INSTITUTIONS

31-7-3.4. Carrying of liability insurance or establishment of self-insurance trust as condition precedent to obtaining or maintaining permit.

  1. As used in this Code section, the term "nursing home claim" means a claim alleging direct or vicarious liability for the personal injury or death of one or more residents of a nursing home or intermediate care home or a violation of residents' rights at such home under Article 5 of Chapter 8 of this title.
    1. As a condition precedent to obtaining or maintaining a permit under this article to operate a nursing home or intermediate care home, a licensee shall carry or be covered by liability insurance coverages or establish or have established for its benefit a self-insurance trust for a nursing home claim.
    2. If a licensee fails to carry or be covered by liability insurance coverages or establish or have established for its benefit a self-insurance trust for a nursing home claim, the department shall provide notice to such licensee of its noncompliance and allow such licensee 60 days in which to comply. A licensee's failure to maintain such coverage or establish such trust shall result in the department:
      1. Revoking such licensee's permit issued pursuant to this article to operate the nursing home or intermediate care home;
      2. Denying any application to renew such permit; and
      3. Denying any application for a change of ownership of the nursing home or intermediate care home.

(Code 1981, §31-7-3.4, enacted by Ga. L. 2016, p. 550, § 1/HB 920.)

Effective date.

- This Code section became effective July 1, 2016. See Editor's notes for applicability.

Editor's notes.

- Ga. L. 2016, p. 550, § 2/HB 920, not codified by the General Assembly, makes this Code section applicable to any claim filed on or after July 1, 2016.

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