TITLE 31 HEALTH

Section 8. Care and Protection of Indigent and Elderly Patients, 31-8-1 through 31-8-306.

ARTICLE 5A REMEDIES FOR RESIDENTS OF PERSONAL CARE HOMES

31-8-132. Definitions.

As used in this article, the term:

1. "Administrator" means the manager designated by the governing body of a personal care home as responsible for the day-to-day management, administration, and supervision of the personal care home, who may also serve as on-site manager and responsible staff person except during periods of his or her own absence.
2. "Community ombudsman" means a person certified as a community ombudsman pursuant to Code Section 31-8-52.

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

3. "Governing body" means the board of trustees, the partnership, the corporation, the association, or the person or group of persons who maintain and control a personal care home and who are legally responsible for the operation of the home.
4. "Legal surrogate" means a duly appointed person who is authorized to act, within the scope of the authority granted under the legal surrogate's appointment, on behalf of a resident who is adjudicated or certified incapacitated.No member of the governing body, administration, or staff of a personal care home or any affiliated personal care home or their family members may serve as the legal surrogate for a resident.
5. "Personal care home" or "home" means a facility as defined in Code Section 31-7-12 and shall include any assisted living community as defined in paragraph (3) of subsection (b) of Code Section 31-7-12.2 that is subject to regulation and licensure by the department.
6. "Representative" means a person who voluntarily, with the resident's written authorization, may act upon the resident's direction with regard to matters concerning the health and welfare of the resident, including being able to access personal records contained in the resident's file and receive information and notices pertaining to the resident's overall care and condition.No member of the governing body, administration, or staff of a personal care home or any affiliated personal care home or their family members may serve as the representative for a resident.
7. "Resident" means a person who resides in a personal care home.
8. "State ombudsman" means the state ombudsman established under Code Section 31-8-52.

(Code 1981, §31-8-132, enacted by Ga. L. 1994, p. 461, § 2; Ga. L. 2011, p. 227, § 20/SB 178; Ga. L. 2011, p. 705, § 4-13/HB 214.)

The 2011 amendments. The first 2011 amendment, effective July 1, 2011, added "and shall include any assisted living community as defined in paragraph (3) of subsection (b) of Code Section 31-7-12.2 that is subject to regulation and licensure by the department" at the end of paragraph (5). The second 2011 amendment, effective July 1, 2011, added paragraph (2.1).