O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
This article shall be known and may be cited as the ‘‘Bill of Rights for Residents of Long-term Care Facilities.’’
History
Code 1933, § 88-1901B, enacted by Ga. L. 1981, p. 149, § 1.
Annotations
JUDICIAL DECISIONS Choice of psychologist. - Bill of Rights for Residents of Long-term Care Facilities, O.C.G.A. § 31-8-100 et seq., does not give nursing home residents the right to choose a psychologist - it only gives the residents the right to choose a physician and a pharmacist. Pruitt Corp. v. Strahley, 270 Ga. 430, 510 S.E.2d 821 (1999). Federal question jurisdiction. - In a wrongful death action alleging violations of Georgia’s Bill of Rights for Residents of Long-term Care Facilities, O.C.G.A. § 31-8-100 et seq., and 42 C.F.R. § 482.25, remand was properly granted as there was no federal question jurisdiction; whether a failure to comply with the requirements of § 482.25 constituted negligence per se under Georgia law was a matter of state law. Burney v. 4373 Hous-
ton, LLC, No. 5:05-cv-255 (CAR), 2005 U.S. Dist. LEXIS 34686 (M.D. Ga. Oct. 24, 2005). Long-arm personal jurisdiction over out-of-state parent company not established. - Trial court erred by denying an out-of-state company’s motion to dismiss based on lack of personal jurisdiction because the company met the company’s burden of showing a lack of minimum contacts needed to support the exercise of personal jurisdiction, and that conclusion was consistent with other jurisdictional authority holding that ownership of a resident nursing home subsidiary by an out-of-state parent corporation without more is insufficient to obtain jurisdiction of the parent corporation. Drumm Corp. v. Wright, 326 Ga. App. 41, 755 S.E.2d 850 (2014).
RESEARCH REFERENCES ALR. - Construction and application of state patient bill of rights statutes, 87 A.L.R.5th 277.
Notes of Decisions
McLain v. Mariner Health Care, Inc., 631 S.E.2d 435 (Ga. Ct. App. 2006).
· cites it 4× “2 OCGA§ 31-8-100 et seq. 3 Rules and Regulations of the State of Georgia, Title 290, Department of Human Resources, Chapter 290-5-8-,01 et seq.”
Padgett v. Baxley & Appling Cnty. Hosp. Auth., 741 S.E.2d 193 (Ga. Ct. App. 2013).
· cites it 8× “of her mother’s estate for pain and suffering and as next of kin for wrongful death damages, alleging that her mother’s injuries and death were caused by professional negligence, ordinary negligence, and breach of contract, and also on the theory that her mother’s statutory…”
Brogdon Ex Rel. Cline v. Nat'l Healthcare Corp., 103 F. Supp. 2d 1322 (N.D. Ga. 2000).
· cites it 2× “Violation of state standards required for nursing homes under the Georgia Bill of Rights for Nursing Home Residents, O.C.G.A. § 31-8-100 et seq.; 4. Negligent Hiring and Retention; 5.”
Thurman v. Pruitt Corp., 442 S.E.2d 849 (Ga. Ct. App. 1994).
· cites it 8× “It provides a cause of action for damages against a long-term care facility for failure *769 to provide certain rights guaranteed under OCGA § 31-8-100 et seq., known as the "Bill of Rights for Residents of Long-Term Care Facilities.”
Associated Health Sys., Inc. v. Jones, 366 S.E.2d 147 (Ga. Ct. App. 1988).
· cites it 2× “We agree that Article, OCGA § 31-8-100 et seq., known as the “Bill of Rights for Residents of Long-term Care Facilities,” does restrict a nursing home in actions it can take in restraining a resident, thus inhibiting its ability to protect other residents from an aggressive…”
Williams v. Alvista Healthcare Ctr., Inc., 642 S.E.2d 232 (Ga. Ct. App. 2007).
· cites it 2× “Here, the complaint alleges two wrongful acts: (a) failure to properly administer medication, which was done by the nursing staff at Alvista, and (b) a violation of the Bill of Rights for Residents of Long-term Care Facilities, OCGA§ 31-8-100 et seq. (“Residents’ Bill of…”
Bernard Norton v. United Health Servs. of Georgia, Inc., 783 S.E.2d 437 (Ga. Ct. App. 2016).
· cites it 2× “Bernard, by Kim Norton through power of attorney, and on behalf of Lola’s wrongful death beneficiaries, filed a complaint in superior court asserting several causes of action against the defendants, including negligence, medical malpractice, a statutory cause of action pursuant…”
Pruitt Corp. v. Strahley, 510 S.E.2d 821 (Ga. 1999).
· cites it 2× “The Bill of Rights for Residents of Long-term Care Facilities (OCGA § 31-8-100 et seq.) has no bearing on the issue presented by this case.”
Drumm Corp. v. Wright, 755 S.E.2d 850 (Ga. Ct. App. 2014).
· cites it 2× “” The complaint alleged corporate negligence, ordinary negligence, violation of OCGA § 31-8-100 et seq. (“Bill of Rights for Residents of Long-term Care Facilities”), medical malpractice, fraud, and wrongful death.”
McIntyre v. Moss, 830 S.E.2d 262 (Ga. Ct. App. 2019).
· cites it 2× “See OCGA § 31-8-100 et seq. (Punctuation omitted; emphasis supplied in trial court's order.”
Coultas v. Dunbar, 467 S.E.2d 373 (Ga. Ct. App. 1996).
· cites it 2× “” See OCGA § 31-8-100 et seq., the Bill of Rights for Residents of Long-term Care Facilities.”
Strahley v. Pruitt Corp., 498 S.E.2d 78 (Ga. Ct. App. 1998).
· cites it 2× “In support of his assertion that Pruitt was a stranger to his contracts with the residents, Strahley cites the Bill of Rights for Residents of Long-term Care Facilities, OCGA § 31-8-100 et seq. (“Bill of Rights”).”
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