§ 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, […]
§ 31-7-285. Confidentiality; Liability
Notwithstanding any provision of law to the contrary, it shall not be unlawful for any entity which may be requested or required to provide data to the department under this article so to provide that information or for the department or its designees to provide such information as authorized or required by this article or […]
§ 31-7-356. Facility’s Failure to Comply With Provisions; Penalty
A facility that does not terminate an employee who has been found to have an unsatisfactory determination or failed a registry check shall be liable for a civil monetary penalty in the amount of the lesser of $10,000.00 or $500.00 for each day that a violation occurs. The daily civil monetary penalty shall be imposed […]
§ 31-7-300. Definitions
As used in this article, the term: “Companion or sitter tasks” means the following tasks which are provided to elderly, handicapped, or convalescing individuals: transport and escort services; meal preparation and serving; and household tasks essential to cleanliness and safety. These tasks do not include assistance with bathing, toileting, grooming, shaving, dental care, dressing, and […]
§ 31-7-357. Required Notice on Application Form
Each application form provided by a facility to an applicant shall conspicuously state the following: “FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT.” History. Code 1981, § 31-7-357 , enacted by Ga. L. 2018, p. 611, § 1-4/SB 406. Effective date. — This Code […]
§ 31-7-301. License Requirement; License Not Assignable or Transferable
Except as otherwise provided in this article, on and after July 1, 1996, no person, business entity, corporation, or association, whether operated for profit or not for profit, may operate as a private home care provider without first obtaining a license or provisional license from the department. A license issued under this article is not […]
§ 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 […]
§ 31-7-302. Rules and Regulations; Authority of Department to Issue, Suspend, or Revoke Licenses
The department is authorized to promulgate rules and regulations to implement this article. The department is authorized to issue, deny, suspend, or revoke licenses or take other disciplinary actions against licensees as provided in Code Section 31-2-8. History. Code 1981, § 31-7-302 , enacted by Ga. L. 1994, p. 959, § 1; Ga. L. 2009, […]
§ 31-7-303. Inspections; Requirements for Exemption
Each private home care provider for which a license has been issued shall be inspected by the department periodically; provided, however, the department may exempt a provider from inspections if it is certified or accredited by a certification or accreditation entity recognized and approved by the department. A provider seeking exemption from inspection shall be […]
§ 31-7-304. Fees
The department is authorized to charge an application fee, a license fee, a license renewal fee, or a similar fee; and the amount of such fees shall be established by the Board of Community Health. Each fee so established shall be reasonable and shall be determined in such a manner that the total of the […]