§ 31-8-138. Failure to Validly License as Defense
The failure of the governing body to obtain or maintain a valid license to operate a personal care home shall not constitute a defense to any action brought pursuant to this article where the facility at issue is subject to licensure as a personal care home. History. Code 1981, § 31-8-138 , enacted by Ga. […]
§ 31-8-139. Mandamus
A resident, the representative or legal surrogate of the resident, if any, the community ombudsman, the governing body of the personal care home, or any other interested party may bring an action in court for mandamus pursuant to Article 2 of Chapter 6 of Title 9 to order the department to comply with any state […]
§ 31-8-130. Short Title
This article shall be known and may be cited as the “Remedies for Residents of Personal Care Homes Act.” History. Code 1981, § 31-8-130 , enacted by Ga. L. 1994, p. 461, § 2.
§ 31-8-131. Legislative Findings and Intent
The General Assembly finds that persons residing within personal care homes are often isolated from the community and often lack the means to assert fully their rights as individual citizens. The General Assembly also recognizes that in order for the rights of residents of personal care homes to be fully protected, residents must be afforded […]
§ 31-8-132. Definitions
As used in this article, the term: “Administrator” means the manager designated by the governing body of a personal care home as responsible for the day-to-day management, administration, and supervision of the personal care home, who may also serve as on-site manager and responsible staff person except during periods of his or her own absence. […]
§ 31-8-133. Residents’ Rights
Residents’ rights shall include all rights enumerated in the rules and regulations of the Department of Community Health, including, but not limited to, procedural protections relating to admission, transfer, or discharge of residents. History. Code 1981, § 31-8-133 , enacted by Ga. L. 1994, p. 461, § 2; Ga. L. 2010, p. 878, § 31/HB […]
§ 31-8-134. Grievance Procedure
Any resident, or the representative or legal surrogate of the resident, if any, who believes his or her rights under this article have been violated by a personal care home or its governing body, administrator, or employee shall be permitted to file a grievance under this Code section. In order to file the grievance provided […]
§ 31-8-135. Hearing; Transfer of Resident
Any resident, the representative or legal surrogate of the resident, if any, or the state or community ombudsman, who believes the resident’s rights have been violated by a personal care home, its governing body, administrator, or employee, shall have the right to request a hearing from the department pursuant to Chapter 13 of Title 50, […]
§ 31-8-136. Action for Damages
Any resident or the representative or legal surrogate of the resident, if any, may bring an action in a court of competent jurisdiction to recover actual and punitive damages against a personal care home or its governing body, administrator, or employee for any violation of the rights of a resident granted under this article. Upon […]
§ 31-8-137. Temporary Restraining Order; Injunctions
A resident, the representative or legal surrogate of the resident, if any, or the Attorney General may bring an action in a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a personal care home from violating the rights of a resident. History. Code 1981, § 31-8-137 , […]