Ga. Comp. R. & Regs. R. 111-8-25-.06 - Investigations, Inspections and Plans of Correction
(1) Authority to Investigate.
The department shall have the authority to make public or private
investigations inside or outside this state. Such investigations may be
initiated at any time, in the discretion of the department, and may continue
during the pendency of any action initiated by the department pursuant to Rule
111-8-25-.05 of this
Chapter.
(2)
Consent to Entry
and Access. An application for a license or the issuance of the same by
the department constitutes consent by the applicant or licensee and the owner
of the premises for the department's representatives, after displaying
identification to any facility staff, to enter the facility for the purpose of
conducting an investigation or an inspection.
(a) Department representatives shall be
allowed reasonable and meaningful access to the facility's premises, and
information pertinent to licensure including staff and persons in care. The
department shall have the authority to require the production of any documents
related to the initial and continued licensing of any facility.
(3) Cooperation with
Inspection. Facility staff shall cooperate with any inspection or
investigation conducted by the department and shall provide, without
unreasonable delay, any documents which the department is entitled
hereunder.
(4)
Assessment of
Expenses. Pursuant to the inspection, investigation, and enforcement
powers given to the department by O.C.G.A. ยง
31-2-11 and other applicable laws,
and the provisions of this Chapter, the department may assess against a
facility reasonable and necessary expenses incurred by the department pursuant
to any administrative or legal actions required by the failure of a facility to
fully comply with licensing requirements. Such expenses may be assessed only
pursuant to the initiation of sanction actions under this Chapter and may only
be collected if such actions result in final adverse findings. A facility shall
be notified of the department's action to assess expenses when the department
sends a facility a notice of the sanction. If the sanction is appealed, the
assessment may become an issue for consideration by the hearing examiner at any
hearing held on the sanction.
(a)
Reasonable and Necessary Expenses. Reasonable and necessary expenses, as
used in this subparagraph, shall include, but not necessarily be limited to:
hourly compensation of department representatives, commuting expenses
(including mileage at the current state reimbursement rate), and lodging and
meal expenses (at the rate approved for reimbursement by the state) associated
with overnight out-of-town travel; and other similar costs. Assessments shall
not include attorney's fees and expenses of litigation, shall not exceed actual
expenses, and shall be made only if inspections, investigations, or enforcement
actions result in final adverse findings.
(b)
Payment of Assessed
Expenses. Expenses assessed against a facility shall be paid within
thirty (30) days of receipt of a statement of expenses. In response to an
assessment, a facility may request that the department reduce the assessment or
agree to a payment plan if full payment within thirty (30) days would cause
significant financial hardship that would compromise its ability to provide
care or services in compliance with licensing requirements. The issue of
significant financial hardship caused by the assessment may become an issue for
consideration by the hearing examiner at any hearing held on the
sanction.
(5)
Outcome of Investigation Available. When an investigation is initiated
due to an allegation of noncompliance by any person acting on his or her own or
another's behalf, the outcome of the investigation shall be provided by the
department to that person and to the facility upon request after the
investigation is completed; provided however, that the names and identifying
information regarding the complainants are classified as confidential. Nothing
in this rule shall be construed to require the department to release the name
or identifying information regarding a complainant without first obtaining
proper authorization from such complainant. Nor shall this rule be construed to
require the department to release any other confidential or privileged
information without first obtaining proper authorization.
(6)
Compliance with Plan of
Correction. If violations of any licensing rules are identified, the
facility will be given a written report of the violation that identifies the
rule violated. The facility shall submit a written plan of correction in
response to the report of violation, which stats what the facility will do, and
when, to correct each of the violations identified. The facility may offer an
explanation or dispute the findings of violations in the written plan of
correction, so long as an acceptable plan of correction is submitted within ten
(10) days of the facility's receipt of the written report of inspection. If the
initial plan of correction is unacceptable to the department, the facility will
be provided with at least one (1) opportunity to revise the unacceptable plan
of correction. The facility shall comply with the plan of correction accepted
by the department.
Notes
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No prior version found.