TITLE 31 HEALTH

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

ARTICLE 4 REPORTING ABUSE OR EXPLOITATION OF RESIDENTS IN LONG-TERM CARE FACILITIES

31-8-81. Definitions.

As used in this article, the term:

1. "Abuse" means any intentional or grossly negligent act or series of acts or intentional or grossly negligent omission to act which causes injury to a resident, including, but not limited to, assault or battery, failure to provide treatment or care, or sexual harassment of the resident.

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

2. "Exploitation" means the illegal or improper use of a resident or the resident's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another's profit or advantage.
3. "Long-term care facility" or "facility" means any skilled nursing home, intermediate care home, assisted living community, personal care home, or community living arrangement now or hereafter subject to regulation and licensure by the department.
4. "Resident" means any person receiving treatment or care in a long-term care facility.

(Code 1933, § 88-1902c, enacted by Ga. L. 1980, p. 1261, § 1; Ga. L. 2003, p. 558, § 4; Ga. L. 2007, p. 219, § 3/HB 233; Ga. L. 2011, p. 227, § 19/SB 178; Ga. L. 2011, p. 705, § 4-11/HB 214; Ga. L. 2013, p. 524, § 1-11/HB 78.)

The 2011 amendments. The first 2011 amendment, effective July 1, 2011, inserted "assisted living community," in paragraph (3). The second 2011 amendment, effective July 1, 2011, added paragraph (1.1).

The 2013 amendment, effective July 1, 2013, in paragraph (2), substituted "the illegal or improper use of a resident or the resident's resources" for "an unjust or improper use of another person or the person's property"; and inserted "or another's" near the end.