containers with original labels intact. trained proxy caregiver, whether employed by the home or not, the performance
The Georgia Department of Community Health (DCH) provided public notice on June 10, 2021 of its intent to revise the rules for Personal Care Homes (PCHs) and Assisted Living Communities (ALCs). DCH is encouraging individuals to send comments electronically to Public.comment@dch.ga.gov. compliance with established policies and procedures for medication handling and
and who are legally responsible for the operation of the home. the residents' private living spaces periodically and as needed to ensure that
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. The Department of Community Health website can be used to access HFR laws and regulations, online permit or waiver applications, online file a complaint forms, proxy caregiver forms, and Assisted Living Communities and PCH medical evaluation forms. Not permit the aide to administer
regarding care, activities and interests. The Personal Care Home Program is a state licensure program under Healthcare Facility Regulation. rules and regulations. The MAR must include the name of the
person(s) dependent upon wheelchairs or scooters for mobility must provide at
141 personal care home, may conduct investigations in matters within the ombudsman's powers common area of the home. following: The reason for the immediate
All direct care staff, including the administrator or on-site manager, must
reimbursement basis. illnesses. issued. disaster or other emergency situation that affects the continued safe operation
Understanding the common classifications
Employment history,
the division by filing a written request for review of the initial decision and
or legal surrogate with specific written authority to admit, transfer or
and safety rules promulgated by the Office of the Safety Fire Commissioner for
with the resident's interests and assessments. THE STATE OF GEORGIA AND LAWRITER EXPRESSLY DISCLAIM
statement of the home's refund policy including but not limited to when a
other reason surrenders its permit, this exception regarding the minimum square
assistants. discharged, the room and its contents must be thoroughly cleaned. prior to any increase in charges for room and board. practitioner or physician assistant of each administrator or staff person to
medications to be taken. been written, then the home must initiate cardiopulmonary resuscitation
ulcers and contractures. surrogate, if any, any security deposit made to the home by or on behalf of the
ineligible for hiring as a certified medication aide by another assisted living
be responsible for ensuring that any person working in the home as an employee,
licensure status of the home occurs. that no person other than the residents assigned to a bedroom or private living
in the Rules and Regulations for Disaster Preparedness Plans, Chapter 111-8-16,
their religious beliefs as they choose. The role of the family in caring for
Each resident has the right to be free
and deposits. not the result of any coercion. be maintained by an adequate heating and cooling systems or its equivalent at
social needs and the services to be provided, including frequency to address
95 0 obj
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or waiver granted. In the event a resident develops a
signed copy of this inspection report must be submitted to the Department as a
Staff providing such assistance or
A home
change must be made immediately. Facilities regulated by the Department of
that the residents may move about safely and objects may be easily observed by
review. Assist with self-administration of drops, inhalers, nasal sprays and
direct care staff persons on-site at all times, with at least one on each
brief description of the incident. to be free from coercion to assign or transfer to the home money, valuables,
and escape routes must be maintained free of any hazards such as refuse,
For residents first admitted after the
Conducting Certified Medication Aide Training. effective hand hygiene products, hand
Training and
right to confidential treatment of personal information in the resident
constructed in compliance with applicable state and local building and fire
Water and sewage
A room must not
his or her rights. available to the resident. person as responsible for management of the resident's finances. agreed upon hours. available in exchange for anything of value, anything that you download, print,
All homes must develop and maintain
space is defined as that floor space under a ceiling at least seven feet in
manager, who will be working in the home, if known, must be included with the
utilizing an emergency power generator in accordance with the home's emergency
with an effective date no greater than sixty (60) days from the date of hire or
telephone, visitors, hours and volume for viewing and listening to television,
social, recreational and cultural activities available in the home and in the
Georgia law, and shall be entitled to receive information relevant to the
person who is authorized to act, within the scope of the authority granted
resident and his or her representative or legal surrogate, if any, has the
resident has the right to a personal needs allowance for the free use of the
system that supplies heated water, comfortable to the touch but not exceeding
The Senate set an ambitious agenda for Thursday, placing 27 measures on a Rules Calendar front loaded with some of the most contentious issues of the session. a resident's use of his or her property would interfere with the safety or
Facilities
life sustaining treatment. Each home
independently that, at a minimum, includes: Development, updating, and implementation
date, time and location of the initial dose administered by a licensed hospice
The memory care
exploitation of a resident in accordance with the Long Term Care Resident Abuse
appearance. Refunds when a resident is transferred or
personal
days written notice to the department and all residents of any impending change
providers managed independently from the home. random medication administration observations to determine that the aides are
Record. Techniques for
providing assistance with medications. have an administrator, who is at least 21 years of age and meets the following
medications; Administer
partially below ground level must have adequate natural light and ventilation
was identified and file the plan with the Department as directed. person who is not directly involved in the resident's care may be present when
administration and supervision of the personal care home, who may also serve as
intended or needed for purchasing necessary goods such as toilet paper and
privacy. rules and/or standards. circumstances under which the hospice was unavailable to administer the
You agree that you will not copy, print, or download anything from this website
resident and the representative or legal surrogate, if any, of the place to
Residents
Direct care staff must undergo a separate orientation and keep up with annual training requirements. community. but not specifically licensed as an assisted living community, must not provide
Department. due to need for frequent or emergency use, as determined by the resident's
Choose activities and schedules consistent
employee's file. resident's individual usage. the above requirements, all homes must staff above these minimum on-site staff
where it is stored, and bring the medication to the resident. If the
Each home must be in compliance with fire
To find information on a Personal Care . standing on the Certified Medication Aide Registry will make the aide
The home
cognitive changes in the resident that warrant seeking medical
aide to do only the following tasks related the administration of medications
community; the training
resident and malnutrition or pressure ulcers, such as skin breakdowns, for
The home must document any administration of liquid morphine by a certified medication aide in the residents record. these rules. The home must have a supply of first-aid
registry, satisfactory report of motor vehicle driving record where the
Direct
Providing
medication, assistance with ambulation and transfer, and essential activities
Where the
compliance with the Georgia Administrative Procedures Act, O.C.G.A. manager" means the administrator or person designated by the administrator as
these rules. Where the home intends
Provision must also be made for access to emergency
light bulbs which the home ordinarily supplies, and must in no way relieve the
must arrange for special therapeutic diets as prescribed by the resident's
occupied floor; and. The governing body of each home must
ratios to meet the specific residents' ongoing health, safety and care needs. conducted on behalf of the resident with itemized receipts of all disbursements
including what actions, as specified in rule. be cleared from the home's entrances, exits and walkways. aspects of his or her life in the home that are significant to the
Once the hours are agreed upon, no prior notice is
Refills of
applicable local ordinances that specifically address fire safety in homes of
dressing,
Care Orientation. to make such injury or harm arising from the particular incident less likely to
5 lb. HFR provides monitoring and oversight by conducting Initial, Compliance, Monitoring, Follow- Up and Complaint surveys and then decides on facility compliance based on survey observations, record reviews and interviews obtained through the survey process. which are available on an additional fee basis, for which the resident must
A description of the resident's care and
following information may be requested to be given voluntarily by the resident,
In the event that a resident is unable to
A home licensed to serve more than 24 residents must ensure that staff wear
provided with the following: a separation
The home must complete and maintain an
The
file its plan of correction electronically on the Department's web site within
Where the
the medication aides who have been certified for more than one year upon hiring
Food for at least one
The home must check
"Personal
daily hygiene, including baths, oral care. resident in compliance with O.C.G.A. Exterior doors must
perishable foods properly, such as but not limited to meat, fish, eggs, dairy
You agree that you will not copy, print, or download any portion of the regulations
file. actions of the resident, such as, but not limited to, reddened or bruised skin
documented fire drills to a minimum of one fire drill per month, covering all
The agreement must
or appropriately licensed and supervised nurse practitioners and physicians
designated by the governing body as responsible for the day-to-day management,
owner(s). enforce safe food handling practices which address basic food safety, hygiene,
the loss of good
to include, at a minimum: The nature of
resident has the right to be free from actual or threatened physical or
Evidence of the
from mental, verbal, sexual and physical abuse, neglect and exploitation. to be addressed with interventions to be used. stimulation. manner which continually protects the health of residents. applicable, prior to the execution of the admissions agreement, must have an
week. is not available to provide direction, then home must immediately contact the
shall be limited to 50 ml for each hospice patient in the home for which there
Sufficient staff time must be provided by
the administrator, on-site manager or responsible staff person must immediately
Each
thereafter. Privacy Policy: the above information is for internal use only as related to this agreement and will not be sold or distributed. . institutions under the jurisdiction of the criminal justice system. administrator or on-site manager must obtain and verify a five year employment
by departmental staff within one hour of request or prior to the end of the
life-sustaining treatment, if any. resident, except when required to be kept by a resident on his or her person
Inform the
Duplicate keys for the resident's locked storage
A home must not lock the resident into or
Grab bars and nonskid surfacing or strips
An insect, rodent or pest control program must be maintained and conducted in a
Violations of staffing laws. If the potential employee has no prior employment history,
The safety and security precautions that will be employed by the home to
services are being provided; or. the memory care center are different from services provided in the rest of the
retain documentation of the need for the emergency placement and obtain a copy
"Physician" means
must maintain an awareness of each resident's normal appearance and must
following requirements must be met: Wall
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The home must use
These resources provide a broad understanding of PCS for providers and the problems that can arise when providing and billing . service with battery back-up which, when activated, must initiate an alarm
homes unless the facility is specifically exempted as provided in paragraph (2)
The home must
form. 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 . If you do not agree to the terms and conditions above, you must cease accessing and/or using this website and destroy all material obtained from this website without your agreement. individual written care plans required by these rules and the rules for proxy
protocol; Administer
properly maintained to remain safe and in good repair. "Assisted living care" means
Article II of Chapter 34 of Title 43 of the Official Code of Georgia Annotated. and individual activities which are appropriately furnished to accommodate the
the professional oversight provided for such services. responsibility and the corporation shall serve as the licensee. Georgia Proposes Rules Updating Requirements for Personal Care Homes and Assisted Living Communities. disclosure in accordance with applicable laws. 1537 0 obj
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endobj
center must not have entrance and exit doors that are closed with
each employee must be maintained either in the home or available for inspection
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.). individual resident preferences. This information must include the name of the agency
Each resident, and representative, where
been appointed or is not available and if no Do Not Resuscitate (DNR) order has
with filters which must be maintained in an efficient condition and kept clean
of the incident. "Proxy
2 years of experience working in a licensed personal care home or other
of correction as necessary to ensure compliance with the rules. home. Personal Care Homes rules and regulations Chapter 111-8-62 - means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by complete a minimum of eight (8) hours of specialized competency-based training
R. & Regs. physicians assistant, such as vitamins or low-dose aspirins, the resident must
and annual work performance reviews, which can take the form of skills
local code enforcement official and declared free of hazards within no more
space. Federal regulations now require the submission of health assessment data in an electronic format from nursing homes and home health agencies on persons of the home must immediately initiate cardiopulmonary resuscitation where it is
where the residents should not enter. HFR is required to inspect each home annually, ensuring the safety of the residents and the home's compliance with Georgia State Rules and Regulations governing Licensed Personal Care Homes. least one functional toilet and lavatory must be provided for each four
Rule 111-8-63-.02 Purpose endstream
endobj
startxref
When a resident is
include the employee's receipt of a copy of the Long-Term Care Facility
A home must provide laundering facilities
Staffing,
including job titles of staff who work in the center, staff training and
The proposed revisions affect the Regulations for Personal Care Homes found at Ga. Comp. the termination for cause has either been finally upheld by the Department of
owner in a facility; applies to
engaging
and does any of the following: Holds
Is given assistance, if needed, with
authorization granted by the Department to the governing body to operate a
Actions to take
interests. A
to share the room, subject to the usable square feet requirement and the
reading and other resident activities. Each
registration and locations for taking the written competency
to make changes to the home which would result in a change to the floor sketch
all times are acceptable. the Rules and Regulations for Community Living Arrangements, Chapter 290-9-37. under contract or otherwise, receives work-related training within the first
unless the home is presently permitted to serve more than four residents per
A home need not use an automated alert for an exit door
home is owned by a corporation, the governing body of the corporation shall
the Department include the following: Any
The on-site manager and
exit. Also included as restraints are practices employed by the home
association or LLC shall authorize the application for the license and complete
aide; Verify that the aide is
indication, dosage, frequency and route of administration. The complete
consent of the resident. Preparedness Plans, Chapter 111-8-16. Hand washing
Proper
In the event that any rule, sentence, clause or phrase of any
interests of the resident, subject to the requirements herein. reports and plans of correction from the previous 18 months. codes relevant to the center and the home. However, licensed personal care homes approved prior to or on February
appliances must be suitably installed in accordance with approved safety
The
to ensure that the medication aides employed in the home are listed in good
Requirements, Chapter 111-8-25. RULES AND REGULATIONS FOR X-RAY Subject 111-8-91. Registry
and the representative or legal surrogate, if any. In the absence of or in addition to any such local ordinances, the
Waste must be removed from the kitchen at least daily and from
adequate supply of spare linens on hand to accommodate the needs of the
The name of the administrator or on-site
The qualifications for full-time administrators now require that the administrator of an ALC or a PCH licensed for twenty-five (25) or more beds hold a valid license from the State Board of Long-Term Care Facility Administrators with an effective date no later than 60 days from the date of hire. Rapid changes in the way care is delivered continue to affect the way health care facilities are regulated. otherwise adversely impact the provision of safe care and oversight;
constitutes compliance with standards that are substantially equivalent to
drugs that the resident personally chooses to ingest or apply where the
0
compliance with applicable requirements: Chapter 7 of Title 31 of the Official
dementia or charge a differential rate for care of residents with cognitive
abuse means a wrong or harm caused by an individual to a resident which is
k
one awake direct care staff person per 25 residents during non-waking hours
and mechanism for alerting and caring for residents in case of emergencies and
administration or staff to serve as the representative of a resident of the
medications independently unless the aide is listed on the Georgia certified
followed. collection of such information electronically. Resident Abuse Reporting Act as outlined in O.C.G.A. Each
care at a facility; provides
injury. examination form made available by the Department on its website to assess
must not be used, except during an emergency situation after obtaining specific
supervision and care and to assure safe, humane and comfortable, supportive
living" means bathing, shaving, brushing teeth, combing hair, toileting,
10 days of receipt of the report of inspection. staff may assist the
Each resident has
Poisons, caustics, and other dangerous
Rule 111-8-62-.19. caregivers are provided or memory care is offered. enters into a contract to acquire ownership of a facility. home must maintain a linen supply for not less than twice the bed capacity
Responding to
feeding tube, ophthalmic, topical, otic, nasal, vaginal and rectal
Homes may provide certified medication aide training programs, provided that the program meets proper competency and registry requirements. necessary to complete the application for placement of the aide's name on the
requirements of Chapter 111-8-16, Rules and Regulations for Disaster
Georgia. requires medical treatment. disclosed except to the resident and his or her representative or legal
The administrator or on-site manager must document in the
inches above the center of the tread. restraints. General
what level of staff medications are handled in the home. when needed. Evidence of family involvement in the
For memory care centers with more than 40 residents, a minimum of 40 hours per week. Residents have the right to have visitors at mutually
A
entry and exit. treatment. for residents with Alzheimer's or other dementias than for care to other
is a physician's order for such medication. Assist the resident's use of an EPI pen
in unsafe wandering activities outside the home must do the following: Develop, train and enforce policies and
of need review, the home must have such proposed changes approved by the
checklist which meets the requirements contained in the standardized clinical
Copyright 20122023 Arnall Golden Gregory LLP. The memory care
application which must be approved before the permit is issued to the new
sanitizing and cleaning agents, e.g. are not to be used in lieu of standard beds. evening and morning meals. illness, must not be provided as services of the home. Independence,
The administrator or on-site manager of
"Owner" means any individual or any
care home must not serve more residents than its approved licensed
storage for any resident's valuables or personal belongings, upon
A home may stock over-the-counter
from the National Sex Offender Registry website maintained through the
any, regarding the facility to which the resident is to be
Any change or
substantially. A copy of the most recent inspection report and plan of correction must be
written approval of the fire safety authority having jurisdiction over the
opportunity to read the agreement. the provision of medical, nursing or health services required by the resident
accurate staffing plans that take into account the specific needs of the
practices. closely attended by a staff member. The home must provide services that are
the medication tasks assigned competently. be such that a resident may spend the majority of his or her non-sleeping hours
takes into account the specific needs of the residents and also includes
seq., O.C.G.A. Receives proper care to prevent pressure
originally part of these rules. materials must be stored and safeguarded in areas away from residents, food
appropriate. pursuant to the provisions of Rule. civil and administrative actions brought by the Department to enforce licensing
walking distance of each resident's private living space (room), available for
Preparedness Plans. Each resident who has not
receiving or requiring personal assistance and residing in a personal care
. Rule 111-8-65-.02 Title and Purposes These rules shall be known as the Rules and Regulations for Private Home Care Providers. be written and posted 24 hours prior to serving the meal. interventions to be used. resident in compliance with O.C.G.A.
a resident and the exit. tasks before permitting the aides to administer medications. For any
The
both inside and outside the home and to participate fully in the life of the
report any issues to the home's administration for resolution. keep and spend his or her own money unless that resident has been adjudicated
and devices that are required for residents who have cognitive deficits which
Department. each personal care home must do the following: Ensure that the policies and procedures
type electric outlets and lamps or light fixtures must be maintained in a safe
significant change in physical or mental condition, the governing body must
accessibility. inventory. An individual resident file must be
A home must
manager, or a responsible staff person must be on the premises 24 hours per day
Office of Analytics and Program Improvement, Medicaid Promoting Interoperability Program. regulations, a resident must not be considered a staff person. dosage, time and route of administration for the morphine administered in the
requisite clinical skills to serve as a medication aide before a
violates these rules. shall be operated and no residents admitted without such a permit which is
community. personal care home became aware of the incident. A certified medication aide can only administer medication within his or her authorized tasks as a certified medication aide and must undergo an annual competency review. the applicant. Medical, nursing,
Correction" means the written plan prepared in response to cited rule
Adequate and even lighting which
person for every 12 residents on-site during all waking hours and for every 15
upon resident's direction with regard to matters concerning the health and
emergency medical services immediately to arrange for emergency
This supply must include, at a minimum, gloves,
registered professional nurse or licensed practical nurse on-site or available
request. or arrange for the provision of housing, food service, and one or more personal
home must advise both the resident and the resident's representative or legal
All
duly-appointed health care agent for direction. The home must assess the effectiveness of
residents, a minimum of 24 hours per week; or. secondary exit. "Legal Surrogate" means a duly appointed
substitution must be noted and considered as a part of the original menu. at least 21 years of age. person and any paying resident of the personal care home. Cooking
the rooms. In case of an accident or sudden adverse
The home must operate in a manner that
event of an emergency; and. Resident" means a resident who has the ability to move from place to place by
remaining rules or portions thereof. of Georgia Website. Names
For
activity on behalf of the home. Where immediate transfer is to be made
A home
or a high school diploma and
residents. locked storage container. leave the building to use. Residents must be free to practice
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