Ga. Comp. R. & Regs. R. 111-8-25-.02 - Definitions
(1)
"Administrative action" means the initiation of a contested case as defined in
the Georgia Administrative Procedures Act (APA), O.C.G.A. §
50-13-2(2).
(2) "Alter ego" means a person who acts
pursuant to the control or influence of another while purporting to act
independently.
(3) "Commissioner"
means the Commissioner of the Department of Community Health.
(4) "Department" means the Department of
Community Health, its agents and employees.
(5) "Document" means any book, record, paper,
or other information related to initial and continued licensing.
(6) "Facility" means any agency, institution,
entity or person subject to regulation by the department under Chapters 7, 13,
22, 23, 44 of Title 31, paragraph (8) of subsection (d) of Code §
31-2-4, Chapter 5 of Title 26, and
Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia
Annotated.
(7) "Final Adverse
Finding" means
(a) the issuance of a ruling by
the Commissioner on any appeal from a decision of a hearing officer or hearing
examiner pursuant to a contested case involving the imposition of a
sanction;
(b) when a decision of
the hearing officers or hearing examiner becomes final by operation of law
because no appeal is made to the Commissioner;
(c) where the parties to a contested case
dispose of the case by settlement; or
(d) where a facility does not contest within
the allotted time period a sanction imposed by the department.
(8) "Formal Order" means any
ruling following an administrative or judicial hearing or an emergency
directive issued by the Commissioner as authorized by law related to the
initial or continued licensing of a facility which requires the facility to
take or refrain from taking specified action. Formal orders include, but are
not limited necessarily to final administrative hearing decisions and
settlement agreements between the department and facilities. Additionally,
formal orders, as defined herein, may include any orders issued by the
Commissioner as authorized by law, such as but not limited to O.C.G.A. §
31-7-2.2 or as authorized by
similar statues enacted after the effective date of these rules.
(9) "Inspection" means any examination by the
department or its representatives of a facility, including but not necessarily
limited to the premises, and staff, persons in care, and documents pertinent to
initial and continued licensing so that the department may determine whether a
facility is operating in compliance with licensing requirements. The term
"inspection" includes any survey, monitoring visit, or other inquiry conducted
for the purpose of making a compliance determination with respect to licensing
requirements.
(10) "Investigation"
means any examination, conducted in response to an allegation or allegations of
noncompliance, by the department or its representative of a facility, including
but not necessarily limited to the premises, and staff, persons in care, and
documents pertinent to initial and continued licensing so that the department
may determine whether a facility has violated any licensing
requirement.
(11) "License" means
the official authorization granted by the department pursuant to any of the
provisions of law cited in Rule
111-8-25-.01 to operate a facility
physically located in Georgia. The term "license" includes any permit,
registration, commission, or similar designation reflecting such
authorization.
(12) "Licensee"
means any person holding a license.
(13) "Licensing requirements" means any
provisions of law, rule, regulation, or formal order of the department which
apply to facilities with respect to initial or continued authority to
operate.
(14) "Long-term care
facility" means a licensed adult day center, assisted living community, home
health agency, hospice, intermediate care home, nursing home, personal care
home or private home care provider.
(15) "Management or Control", for the purpose
of imposing the sanction pursuant to Rule
111-8-25-.04(1)(c)
or 111-8-25-.04(2)(b),
means the exercise of or authority to exercise direction, administration, or
oversight over a facility's operations by certain persons which include owners,
directors, or administrators.
(16)
"Memory Care Certificate" means a certificate issued by the department to a
licensed assisted living community or personal care home to authorize the
operation of a memory care center.
(17) "Person" means any individual, agent,
representative, governing authority, firm, organization, partnership, agency,
association, corporation, facility, or other entity.
Notes
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