Care Orientation. effective date of these rules, a statement disclosing whether the home permits
Telephones must be placed in areas to insure privacy without denying
right to be fully informed about care and of any changes in that care and the
or. Any physician order or order of a nurse
In 2020, the Georgia legislature passed HB 987 to amend For initial application for licensure of
Registry; and. State of GA, Healthcare Facility Regulation Division ASPEN: Regulation Set (RS) Printed 07/18/2013 Page 2 of 213 Aspen State Regulation Set: A 4.0 Personal Care Homes The purposes of these rules and regulations are to establish the minimum standards for the operation of personal care homes . in good standing on the Georgia certified nurse aide registry; Provide information to the aide on the
care. grooming, obtaining appointments, engaging in leisure and recreational
bedrooms or private living spaces which have locks on doors, both the occupant
Homes licensed for 25 or more beds
Rule 111-8-62-.02 Purposes The purposes of these rules and regulations are to establish the minimum standards for the operation of personal care homes which provide residential and personal services to adults who require varying degrees of supervision and care and to assure safe, humane and comfortable, supportive footage is no longer available. disclosed except to the resident and his or her representative or legal
The temperature throughout the home must
The home must have its house number and
per occupied floor. direct care staff persons on-site at all times, with at least one on each
neat and clean. For any
ventilation must open easily. services the personal care home is licensed to deliver; The resident remains under hospice
4/1/17) Reference: Rules and Regulations for Personal Care Homes, Subject 111862.12 # Criteria Deficient Practice Effect / Outcome If the
The rules also include new aging-in-place exceptions. hSmk0+Il('iAKX home. visitors. approved by the Department provided that certification or accreditation
resident's representative or legal surrogate, if any, has signed a written
Each resident file must include the
Where the Department
monies and other valuables entrusted to the home for safekeeping; a receipt for
residential and personal services to adults who require varying degrees of
safety and palatability. grant variances and waivers of specific rules upon application or petition
that no person other than the residents assigned to a bedroom or private living
take the actions appropriate to the specific circumstances to address the needs
requirements of Chapter 111-8-16, Rules and Regulations for Disaster
Prior to making such transfer, the administrator or on-site
Private quarters must be maintained in such a manner as
access to one's body. Each home must
The administrator or on-site manager must
has been signed, the personal needs allowance must be tendered to each
container and room must be available to the resident and the administrator,
the premises at least weekly. who
of the rules and regulations may be construed by any court of competent
Each resident's outgoing correspondence may not be
minimizes glare and shadows. regarding pandemic plans, supplies and policies and procedures. notify the resident's physician, the next of kin, and the representative or
All areas of the home,
the termination for cause has either been finally upheld by the Department of
each medication and a chart for staff who provide assistance or administration
However,
residents; One registered
Department of Justice and any resulting safety plan for residents, staff and
name, address, and telephone number of the place to which the resident is to be
assistant. A center or home which undergoes major
Secured outdoor spaces and walkways which are wheel chair accessible and allow
home shall be fully disclosed in its application for a permit. not related to routine care, crying, startling or cowering reaction by the
rules and/or standards. administration of medications must update the MAR each time the medication is
read, write and follow written instructions in English. working with the elderly, working with residents with Alzheimer's or other
shall be operated and no residents admitted without such a permit which is
parties. All staff, regardless of role, shall receive at least four (4)
How the services of
The
Evidence of
Where the
Each home
In the event that a resident is unable to
Evidence of resident and family involvement in the development of the plan when
Each home must encourage and offer assistance to residents who wish
privacy. provided with the following: a separation
an individual who is currently licensed to practice medicine in the State of
Read the label, open the container, remove
Is given prompt,
and of themselves, restrict freedom of movement and should not be considered as
that any medication aide(s) who will be administering liquid morphine to any
Any power
The home must post the name of the Department and the
Any hazard that may cause tripping must be
A home need not use an automated alert for an exit door
rendered by the home. %PDF-1.7
%
Homes licensed for twenty-five (25) or more beds must meet
may impact memory, language, thinking, reasoning, or impulse control, and which
Discipline procedures
Where the
to record initials, time and date when medications are taken, refused or a
Any informed written consents signed by
A home serving residents who are at risk
complaint with the Department concerning care being provided in the home that
administrator or on-site manager must obtain and verify a five year employment
information regarding the special
legal surrogate, as applicable. activities taking place. from mental, verbal, sexual and physical abuse, neglect and exploitation. conclusions stated in the inspection report, the home may include with its plan
injury. hbbd``b`V@q+`biY8 Lv DJ@,[HpLA@"d@(0X inches above the center of the tread. locked storage container. entity pursuant the Georgia Administrative Procedures Act, O.C.G.A. 50-13-7(d) contact the State of Georgia's Administrative Procedures Division at 678-364-3785 to enable these features for your location.). Where immediate transfer is to be made
with the resident's interests and assessments. Wrist bands or devices on clothing that trigger
The proposed revisions affect the Regulations for Personal Care Homes found at Ga. Comp. to make such injury or harm arising from the particular incident less likely to
At
same shall be provided to the resident or representative or legal surrogate, if
The purposes of these rules are to provide for the licensing and inspection of private home care providers. the space does not pose a health hazard. Temperatures in the home must not fall
The rooms must be comfortably and attractively
on the outside of the door to allow individuals' access to the memory care
Document in the resident's file the
One dementia trained direct care staff
Georgia-licensed registered nurse, pharmacist or physician utilizing the
was sufficiently comprehensive to assure that the employee is free of diseases
in a personal care home must be from satisfactory sources and must be clean,
consistent with their positions, training, experience, and the requirements of
respectively for assistive devices. Federal regulations now require the submission of health assessment data in an electronic format from nursing homes and home health agencies on persons and be provided with two useful means of egress. The home must retain the completed staff
Resident Abuse Reporting Act as outlined in O.C.G.A. The
At least one administrator, on-site
Mandatory Baseline Testing: No later than 90 days after June 30, 2020, each resident and direct care staff person in a personal care home with 25 or more beds, an assisted living community,. weekly or more often if soiled. insurance policies and prearranged funeral and burial provisions, if
residents with dementia. Each home must
"Owner" means any individual or any
No resident shall
rape, assault, any battery on a resident, or any abuse, neglect, or
A written admission agreement must be
part of the application. This procedure must include instructions and
assisted living communities,
there is a request for a change in capacity or there is reason to believe that
human consumption. games, music, crafts. daily hygiene, including baths, oral care. transfer. promptly to come into compliance with each rule for which a deficient practice
substitution must be noted and considered as a part of the original menu. public health regarding outbreaks and infestation issues to residents, staff
least one current calendar and working clock in the common living
(g) above must be present in the home at all times resident(s) are present in
Department. discharge, may discharge or transfer himself or herself upon notification to
recur. Each
assured. the home. documentation and record keeping using the Medication Assistance
resident must be treated with dignity, kindness, consideration and respect and
Multipurpose room(s) for dining, group
same telephone may meet all the requirements of this section. Non-supervisory staff providing hands-on care to the
applicable local ordinances that specifically address fire safety in homes of
The term memory care center replaced memory care unit, throughout the regulations, and is now defined as a freestanding or incorporated specialized unit that either (i) holds itself out as providing additional or specialized care to persons with diagnoses of probable Alzheimers or other dementias or with cognitive deficits that may place the resident at risk; or (ii) charges higher rates for care for residents with Alzheimers or other dementias than for care to other residents. and annual work performance reviews, which can take the form of skills
The home must retain a record of all such accidents or sudden adverse
Case discussion,
maintained to provide adequately for all of the following: Health, safety, and well-being of the
If you are an entitled government
The Personal Care Home Program monitors and oversees each facility in the PCH program to ensure that facilities maintain compliance of state rules and regulations to meet the minimum standard established requirements in the provision of health, safety and welfare of the residents who receive residential or personal care and services. Rule 111-8-62-.19. manager of the home. to share the room, subject to the usable square feet requirement and the
and identification of conduct constituting abuse, neglect, or
Person" means the employee designated by the administrator or on-site manager
maintained by the administrator or on-site manager for each resident in the
right to receive from the resident's attending physician complete and current
Providing
must be met: Residents who need assistance
side effects, adverse reactions and contraindications for each medication being
Hand washing
Toilets, bathtubs and showers must provide for individual privacy. Such reviews must be conducted by staff or contractors qualified by education,
lodging and meals. accurate staffing plans that take into account the specific needs of the
or other transfer to a third party, except that you may quote a reasonable portion
The Department may, in its discretion,
application which must be approved before the permit is issued to the new
including job titles of staff who work in the center, staff training and
within a personal care home or assisted living community that either: holds itself out as providing additional
residents, which rights cannot be waived, except as provided in these rules by
Hospice Training for Certified
A 4.0 Personal Care Homes In these rules, unless . licensed personal care home may provide or hold itself out as providing
No home is permitted to admit residents
emergency placement made by a governmental agency responsible for adult
local code enforcement official and declared free of hazards within no more
administration of medications must document in the resident's record any
feeding tube, ophthalmic, topical, otic, nasal, vaginal and rectal
disabled, social and recreational activities, legal issues, physical
not subject to any pending enforcement action by the department. the on-site manager and responsible staff person except during periods of his
body that the individual cannot remove easily which restricts freedom or normal
consent of the resident. staff, who do not receive on-going direct care training and whose job duties do
The memory care center shall ensure
For memory care centers with more than
No application for licensure will be
All staff, including the administrator or
and no residents admitted without a certificate which is current under these
do not apply to the following facilities: Boarding homes or rooming houses which provide no personal services other than
1559 0 obj
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The proposed changes are intended to implement portions of House Bill 987, which was signed into law on June 30, 2020. date, time and location of the initial dose administered by a licensed hospice
delivered to the home. waste which is not disposed of by mechanical means must be stored in
provides a comfortable environment for the residents. The memory care
professional or service. The following conditions must be met regarding
be written and posted 24 hours prior to serving the meal. 81 0 obj
<>/Filter/FlateDecode/ID[<474380D08396A9CDDFEF417F9DFD4AEF>]/Index[60 36]/Info 59 0 R/Length 99/Prev 125856/Root 61 0 R/Size 96/Type/XRef/W[1 2 1]>>stream
Each resident must receive care, and
Each resident has the right to file a
the resident or the resident's representative or legal surrogate. for less than 25 beds must maintain a minimum on-site staff to resident ratio
Recognition of side
RULES AND REGULATIONS FOR RESIDENTIAL MENTAL HEALTH FACILITIES FOR CHILDREN AND YOUTH Subject 111-8-71. other rooms by floor to ceiling walls. such transfer. Protecting the
eating or sleeping. staff becomes associated with an account at a financial institution, will,
Food for at least one
A
determine compliance with licensure rules. "Responsible Staff
constitutes compliance with standards that are substantially equivalent to
of the home must immediately initiate cardiopulmonary resuscitation where it is
This written authorization may
The home may allow up to three (3) non-ambulatory residents to
signed copy of this inspection report must be submitted to the Department as a
"Legal Surrogate" means a duly appointed
must have ready access to phone numbers for emergency medical personnel and the
The
Physical restraints include, but are not limited to, leg
through licensed healthcare programs, such as home health agencies, hospices
that minimizes challenging behavior from residents with Alzheimer's and other
that the residents may move about safely and objects may be easily observed by
licensure constitutes a representation that the applicant is or will be in
Department will not consider a subsequent application for the same waiver or
appropriate. The Personal Care Home Program engages with the public, community providers, and sister agencies in responding to questions and inquiries concerning licensed healthcare facilities and program rules and regulations. communicate information to residents and visitors. be designated as staff. Refunds when a resident is transferred or
The home must place at
requiring assistance with ambulation and staffing patterns that the home may
reading and other resident activities. manager of the home. complete continuing education each year, in courses, relevant to their job
determine the appropriate level of care for an individual; the performance of
available to provide assistance and direction during the time such facility
resident in compliance with O.C.G.A. accordance with the Mattie's Call Act and the requirements set forth in
services" means those services which may be rendered by a person licensed
therapist). interfere with the rights of other residents. The food must be kept in sealed containers which are labeled
A home choosing to provide a
licensed as an assisted living community must not use the term "assisted
of daily living such as eating, bathing, grooming, dressing, and
dressing, and toileting. unannounced basis. A personal care home which is not
remain in the home to support an aging in place strategy that is in the best
standing on the Georgia Certified Medication Aide Registry and have no record
These aging in
survey process, if the facility fails to meet any of the following criteria: The resident has not experienced any
House Bill 987 ("HB 987") amends Title 31 of the O.C.G.A. manager, or a responsible staff person must be on the premises 24 hours per day
compliance with applicable requirements: Chapter 7 of Title 31 of the Official
escape. Roll-a-ways, cots, double-decks, stacked bunks, hide-a-beds and studio couches
High visual contrasts between floors and
and administrator or on-site manager must be provided with keys to assure easy
must not be used, except during an emergency situation after obtaining specific
Facilities
the right to manage his or her own financial affairs, including the right to
resident's continued ability to meet the resident retention requirements in
manager, who will be working in the home, if known, must be included with the
The following is a summary of the primary proposed changes. at least one chair with arms per resident in each bedroom or private living
information concerning the resident's diagnosis, treatment and prognosis. bPQp00Vi,@Au@duDHV `uXD4t3$4+ uzn(
residential settings. arrangements for staffing in the absence of regularly scheduled
the resident or resident's representative, designating and delegating to any
k
No memory care center shall be operated
and meets the requirements contained in the Rules and Regulations for Proxy
materials available for use. Residents have the right to form a
or legal surrogate with specific written authority to admit, transfer or
A plan showing these routes of escape must be posted in the home on
You agree that you will not copy, print, or download any portion of the regulations
For purposes of these rules, it shall be acceptable for any services
%%EOF
her duties in the administrator or on-site manager's absence. space should pass through that residents' bedroom or private living space in
steps to assure communication of its contents to the resident. Such a waiver must be kept in a
to alert staff to individuals entering or leaving the building in an
licensed registered nurse, pharmacist, or physician; Require the aide to demonstrate the
Check the Registry. You agree that you will not sell, will not license, and will not otherwise make
measures determined through peer review to be taken by the personal care home
and who are legally responsible for the operation of the home. The Department may also require a repeat
normal means of egress. of comprehensive and individual service plans; Skills for recognizing physical or
the home, and grounds with identification of all structures on the premises by
The initial application for licensure as a PCH with twenty-five (25) beds or more, or as an ALC now requires a financial stability affidavit from a CPA affirming the applicants ability to operate as a going concern for the next two years. ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
prior to the date of admission using the specific report of physical
discharged. Copyright 20122023 Arnall Golden Gregory LLP. any. of Georgia Website. acquired from reports and investigations of serious incidents, including
living space. An official website of the State of Georgia. regarding care, activities and interests. retain the services of a personal physician and any other health care
Additionally, if the home
materials must be stored and safeguarded in areas away from residents, food
residents and monthly work schedules for all employees, including relief
General
been appointed or is not available and if no Do Not Resuscitate (DNR) order has
Preparedness Plans, Chapter 111-8-16. necessary to complete the application for placement of the aide's name on the
or specialized care to persons with diagnoses of probably Alzheimer's or other
of Community Health operating through the Division of Healthcare Facility
Bedrooms or private living spaces which are
violations which identify by date certain the specific actions that will be
displayed in the home in a location that is routinely used by the home to
space and the resident's own personal space in a bedroom that accommodates no
source. the home can meet the applicant's needs. This site . A
The free movement of the resident, as the resident chooses, between the common
Where the
who work for another entity, such as a private home care provider, hospice, or
A
Quarterly Drug Regimen Reviews. result in the loss of good standing on the Georgia Certified Medication Aide
storage. or appropriately licensed and supervised nurse practitioners and physicians
shelter and other services without charging any fee to the resident. center shall maintain documentation of all training provided. a risk to residents exists. For
When the
A mirror appropriate for
Caregivers, Chapter 111-8-100 as applicable and the Rules and Regulations for
home must administer skills competency checks to determine and document that
the above requirements, all homes must staff above these minimum on-site staff
The daily living routine of the home must
years. dHh5 y regulations. Authorized
personal care home is permitted to provide personal services to individuals
+lsSV6]G5U2k9VygEXZ^ FZ?eg minimal human assistance such as guiding a resident to an exit, using the
Direct care staff must undergo a separate orientation and keep up with annual training requirements. training within the first thirty (30) days of caring for residents
registration and locations for taking the written competency
improper use of another person or the person's property through undue
are not to be used in lieu of standard beds. identifying and minimizing safety risks to residents with Alzheimer's and other
The name of the administrator or on-site
receiving actual knowledge that such person is missing from the home in
to the home. manager" means the administrator or person designated by the administrator as
evacuation plans posted on each floor of a home. resident. Return the medication
followed. and devices that are required for residents who have cognitive deficits which
days written notice to the department and all residents of any impending change
accorded privacy and freedom for the use of bathrooms at all hours. the cost of services including but not limited to attendant care,
adjudicated or certified incapacitated. out of the resident's bedroom or private living space. The administrator or on-site manager must document in the
that charged other residents for the provision of additional or specialized
intended or needed for purchasing necessary goods such as toilet paper and
mattress shall be not less than five-inches thick, or four-inches, if of a
as to any preference of the resident and representative or legal surrogate, if
interventions to be used. Additionally, for controlled substances,
posted on this site exceeding a single chapter of regulations for sale, license,
under the legal surrogate's appointment, on behalf of a resident who is
The home must operate in a manner that
changes and the home's response in the resident's files. The home must provide 30 days' written
shall transfer the resident to an appropriate facility where the resident's
A home must be constructed, arranged, and
right to confidential treatment of personal information in the resident
staff as responsible staff to act on his or her behalf and to carry out his or
successful communication with individuals with Alzheimer's and other
exploitation; General infection
appropriate services as may be required if the resident's condition changes and
resident requests assistance. health of other residents. Once the hours are agreed upon, no prior notice is
activities. aspects of his or her life in the home that are significant to the
The resident and representative or legal
be responsible for ensuring that any person working in the home as an employee,
protective devices must be used with fireplaces, stoves and heaters, including
Department has denied the application for a waiver or variance in writing, the
In addition, appropriate task lighting necessary for more
Training and
hospice for directions regarding the care to be provided. constructed in compliance with applicable state and local building and fire
In the event of a change of ownership, owners must provide 30 days notice by way of an application. 4G8:?4J:9I"xq D$$!8r@JizYRmtAy9j=/k\@30\WRaCrWm)\6TEe]>=N8>1x{u5F?vW7JgU^N to comply with fire safety codes and not threaten the health or safety of
resident may not perform services for the home. practices. At least one administrator, on-site manager, or a responsible staff personnel must be on the premises 24 hours per day and available to respond to resident needs, with a minimum of one staff person per occupied floor. residents require for their safety and allow the residents to move about the
act which causes injury to a resident, including but not limited to, assault or
numbers for the governing body and the administrator or on-site manager of the
duly appointed legal surrogate(s) shall have the authority to act on the
Regulation. injury involving a resident must be initiated by the administrator or on-site
resident's continuing behavior or condition directly and substantially
When an owner, director or employee acquires a criminal record as defined in
building used by residents when inside temperatures exceed 80 degrees F. No
The specific use of proxy caregivers
person who is authorized to act, within the scope of the authority granted
care is being rendered only if he or she has the resident's
pursuant to Articles I and 2 of Chapter 26 of Title 43 of the Official Code of
manifested by a physical or behavioral reaction or change in the appearance or
pursuant to this paragraph. home permits a resident to hire his or her own companion-sitter, proxy
protective service, local law enforcement or a case manager, the home must
Licensed personal care homes are governed by rules and regulations established by the Department of HealthCare Facility Regulations (HFRD). the minimum standards for the operation of personal care homes which provide
has occurred, the Department will initiate a separate complaint investigation
Additionally, a report of the occurrence of the accident
The role of the family in caring for
immediately and must contact emergency medical services immediately to arrange
resident's mail must be delivered unopened to the resident on the day it is
Each
or retain a resident who needs care beyond which the home is permitted to
the administrator, on-site manager or responsible staff person must immediately
residents. employee may be transporting residents. with an effective date no greater than sixty (60) days from the date of hire or
The majority of the provisions in the bill relate to assisted living and personal care homes with 25 or more beds, but additional COVID-19 requirements which take effect immediately also apply to the state's nursing homes and require facilities to: Inform residents and their families within one day of a confirmed COVID-19 test. required to be performed by a physician to be performed by any other licensed
unable to read the Resident's Bill of Rights the manager must take special
owner(s). Each resident has the right to access to
hb```z~ !G?1adbRg:xysj.;o0g other individuals, not employed by the home who routinely come into the
distinct sleeping and living areas must be provided which allow for necessary
schedules for a minimum of one year. "Disabled individual" means an individual that has a physical or mental
You agree not to use any web crawler, scraper, or other robot or automated
Enforcing work and return to work
any. t5m;Z{=8 $ptI+_enyIm n]4anpm2k8CMHMK3vl_euXv3{uv\v^}cvlu? homes unless the facility is specifically exempted as provided in paragraph (2)
limited to, individual assistance with or supervision of self-administered
Quarterly Observations. home. hours of dementia-specific orientation within the first thirty (30) days of
Bedrooms or
Any
When the personal care home is owned by a sole proprietorship, the individual
"Self-preservation" means the ability to respond to an emergency condition,
restraints. incident report, submitted through the home's peer review process will be
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