§ 31-7-359. Liability for Civil Damages; Sovereign Immunity Not Waived
No person, including the department, a facility, or an individual acting on behalf of such entities, shall be liable for civil damages or be subject to any claim, demand, cause of action, or proceeding of any nature as a result of actions taken in good faith to comply with this article, including the disqualification of […]
§ 31-7-360. Rules and Regulations
The department shall promulgate written rules and regulations related to the requirements and implementation of this article. History. Code 1981, § 31-7-354 , enacted by Ga. L. 2008, p. 12, § 2-25/SB 433; Code 1981, § 31-7-360 , as redesignated by Ga. L. 2018, p. 611, § 1-4/SB 406. The 2018 amendment, effective October 1, […]
§ 31-7-361. Transfer of Responsibilities, Rights, and Personnel Between Departments
Effective July 1, 2009, all matters relating to facility licensing and employee criminal background checks for personal care homes pursuant to Article 11 of this chapter as it existed on June 30, 2009, shall be transferred from the Department of Human Services to the department. The rights, privileges, entitlements, and duties of parties to contracts, […]
§ 31-7-358. License Revocation or Withholding; Additional Requirements
An owner of a facility with an unsatisfactory determination or whose name appears on a registry check shall not operate or hold a license, and the department shall revoke the license of any owner operating such facility or refuse to issue a license to any owner operating such facility if such owner has an unsatisfactory […]
§ 31-7-350. Short Title; Purpose
This article shall be known and may be cited as the “Georgia Long-term Care Background Check Program.” The purpose of this article is to establish the minimum standards for the Georgia Long-term Care Background Check Program for conducting criminal background checks of owners, applicants for employment, and direct access employees at certain facilities. History. Code […]
§ 31-7-351. Definitions
As used in this article, the term: “Applicant” means an individual applying to be a direct access employee at a facility. “Conviction” means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. “Crime” means commission of: Any of the following offenses: A […]
§ 31-7-352. Registry Check Required; Validation of Licensing
A registry check of an owner, applicant, or employee shall be required prior to a criminal background check and shall be initiated by the applicable facility. A registry check shall be performed by such facility and may include reviewing registries of any other states in which the applicant previously resided. If an applicant has not […]
§ 31-7-353. Records Check Application; Transmittal of Fingerprints; Penalties for Unauthorized Release or Disclosure of Information
Accompanying any application for a new license, the candidate facility shall furnish to the department a records check application for each owner and each applicant and employee. In lieu of such records check application, such facility may submit evidence, satisfactory to the department, that within the immediately preceding 12 months each owner and each applicant […]
§ 31-7-354. Consent to Background Checks; Certain Results of Background Check Barring Employment; Rights of Owner, Applicant, or Employee
An applicant seeking employment with a facility or a current employee at such facility shall consent to a national and state background check that includes a registry check, a check of information maintained by a professional licensing board, if applicable, and a criminal background check. An individual required to submit to a registry check and […]
§ 31-7-355. Personnel Files; When Department May Require Background Check; Result of Unsatisfactory Determination
A personnel file for each employee shall be maintained by the applicable facility. Such files shall be available for inspection by the appropriate enforcement authorities but shall otherwise be maintained to protect the confidentiality of the information contained therein and shall include, but not be limited to, evidence of each employee’s satisfactory determination, registry check, […]