§ 31-7-380. Purpose and Intent
The purpose of this article is to enable employers who are family members or guardians of elderly persons to obtain an employment eligibility determination from the department for applicants who are seeking to provide and employees who are providing personal care services to their family members or wards. It is the intent of the General […]
§ 31-7-381. Definitions
As used in this article, the term: “Applicant” means an individual applying to provide personal care services to an elderly person in a residence or location not licensed by the department. “Criminal background check” means a search of the criminal records maintained by Georgia Crime Information Center and the Federal Bureau of Investigation to determine […]
§ 31-7-382. Establishment of Central Caregiver Registry
The department may establish and maintain a central caregiver registry which shall be accessible to employers as a data base operated by the department that contains information on eligible and ineligible applicants and employees as determined by the department from criminal background checks and registry checks conducted on behalf of facilities as provided in Article […]
§ 31-7-383. Private Employer’s Inquiry With Department on Eligibility of Employee; Employer Responsible for Decisions
The department shall allow an employer to inquire with the department about the eligibility or ineligibility for employment as if the applicant or employee were applying to work or working in one of the facilities licensed under Article 14 of this chapter so long as the applicant or employee agrees to such request, provides his […]
§ 31-7-384. Appeal of Ineligibility Determination
An applicant or employee who receives a determination of ineligibility for employment from the department shall be eligible to appeal such determination by requesting, in writing, an administrative review by the department. The department shall promulgate rules and regulations in order to implement this Code section. The department shall maintain the specifics of the employment […]
§ 31-7-385. Immunity From Liability
No person, including the department, an employer, 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 […]
§ 31-7-386. Rules and Regulations
Except as provided in Code Section 31-7-384, the department shall promulgate rules and regulations related to the requirements and implementation of this article. History. Code 1981, § 31-7-386 , enacted by Ga. L. 2018, p. 611, § 1-5/SB 406.