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 <>stream 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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