Ga. Comp. R. & Regs. R. 111-8-56-.20 - Nursing Home Permit Requirements
(1) To be eligible for a permit the nursing
home must be in satisfactory compliance with these rules and regulations and
the provisions at law which apply to the locations, construction and
maintenance of homes and the safety of the patients therein.
(2) Prior to the issuance of a permit and at
the request of the Commissioner, the governing body or operator shall furnish
to the Department evidence of satisfactory compliance with any laws or
regulations thereunder applicable to homes but the enforcement of which is the
responsibility of a department or agency of government other than the
Department.
(3) The permit shall be
framed and publicly displayed at all times.
(4) Permits are not transferable from one
governing body or operator to another, nor valid when the home is moved from
one location to another.
(5)
Nursing homes shall provide the Department at least ninety (90) days prior
written notice of the following events via electronic mail at
HFRD.NH@dch.ga.gov (or such other updated address posted on the Department's
website), and, for applicable events, shall take the following required
actions:
(a) Date of a proposed transfer of
ownership and/or change of the operator of the nursing home. The transferring
nursing home owner and/or the owner of the real estate upon which the nursing
home is located shall provide to the Department a copy of the acquisition
agreement, operator or management agreement, lease agreement, and any other
documents regarding the transfer as requested by the Department.
(b) Date of closure of the nursing home or
anticipated interruption of nursing home operations. Prior to ceasing
operations, a nursing home shall timely notify the Department of the planned
storage location for residents' medical records, medical staff information, and
other critical information. The nursing home shall publish on its webpage in a
prominent location and in a widely circulated newspaper(s) in the nursing home
service area a notice indicating where medical records and other critical
information can be retrieved. The nursing home shall also provide this
information to its residents or their designated representatives in writing.
Following its closure, the nursing home shall promptly notify the Department in
writing of any change in location of the residents' medical records, medical
staff information, and other critical information;
(c) The effective date of a transaction
involving a nursing home's acquisition, sale, divestment, transfer of
operations, or merger with another nursing home or other business entity;
or
(d) Effective date of material
changes affecting nursing home operations, including but not limited to the
addition of any services, reduction or elimination of bed capacity, or other
material change(s) regarding the nursing home's delivery of services. Such
notification shall include a detailed description of the material changes.
A nursing home may be fined by the Department in an amount of $1000.00 per day that any notification required by Ga. Comp. R. & Regs. r. 111-8-56-.20 is late, subject to waiver or reduction of such notice requirement by the Department for good cause, as it determines in its sole discretion. A nursing home may also be fined $1000.00 per day that it fails to take any other action required by Ga. Comp. R. & Regs. r. 111-8-56-.20, after receipt of written notice by the Department. The Department shall review all proposed events and actions in accordance with its regulatory authority. A nursing home must also promptly respond to information requests issued by the Department.
(6)
The permit shall be surrendered to the Department upon occurrence of any of the
following events:
(a) The final onsite
inspection by the Department on the last day of operation for the nursing
home;
(b) The nursing home's
cessation of operations;
(c) A
nursing home's relocation of its facility to a new premises;
(d) A change of more than fifty percent (50%)
of the nursing home's ownership or governing body, or any change of operator of
the nursing home; or
(e) The
Department's suspension or revocation of the nursing home's permit.
(7) A permit shall be required for
each nursing home located on different premises where more than one home is
operated under the same governing body. When a nursing home operates as
distinct parts, then a permit shall be required for each distinct
part.
(8) Each nursing home shall
be in compliance with O.C.G.A. §
26-2-370 et seq., entitled "Food
Service Establishments" and the Rules and Regulations as adopted and
promulgated thereunder entitled "Rules and Regulations for Food Service" and
with any amendment to the law or rules promulgated thereunder.
Notes
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No prior version found.