|
03 HB 318/AP
House Bill 318 (AS PASSED HOUSE
AND SENATE)
By: Representatives McClinton of the 59th, Post 1, Howard of the 98th, Ashe of the 42nd, Post 2, Mobley of the 58th, Sinkfield of the 50th, and others
By: Representatives McClinton of the 59th, Post 1, Howard of the 98th, Ashe of the 42nd, Post 2, Mobley of the 58th, Sinkfield of the 50th, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Chapter 6 of Title 49 of the Official Code of
Georgia Annotated, relating to services for the aging, so as to enact the "Adult
Day Center for Aging Adults Licensure Act"; to provide a short title; to define
terms; to provide for licensure of adult day centers; to authorize the
Department of Human Resources to promulgate regulations for the operation of
adult day centers; to authorize the Department of Human Resources to issue and
revoke licenses of adult day centers; to provide access to adult day centers for
the Department of Human Resources for the purpose of inspection and
investigation; to provide for exemptions from inspections; to amend Chapter 5 of
Title 30 of the Official Code of Georgia Annotated, relating to protection of
disabled adults and elder persons, so as to increase the penalty for abuse,
neglect, and exploitation of disabled adults and elder persons to a felony; to
amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating
to the Department of Human Resources, so as to authorize actions against
applicants and licensees of certain centers; to provide for related matters; to
provide for effective dates; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 6 of Title 49 of the Official Code of Georgia
Annotated, relating to services for the aging, is amended by adding after Code
Section 49-6-77, relating to rules and regulations to implement Georgia Family
Caregiver Support, a new article to read as follows:
"ARTICLE
7
49-6-80.
This article shall be known and may be cited as the 'Adult Day Center for Aging Adults Licensure Act.'
49-6-81.
The intent of the General Assembly is to promote, safeguard, and protect the well-being of adults participating in adult day care or adult day health services by authorizing, promoting, and supporting licensure regulations for adult day care and adult day health services providers. It is further the intent of the General Assembly that the Department of Human Resources shall serve as the agency responsible for promulgating, implementing, and enforcing the licensure regulations.
49-6-82.
As used in this article, the term:
(1) 'Adult day care' means the provision of a comprehensive plan of services that meets the needs of aging adults, as defined in paragraph (4) of this Code section, under a social model, as defined in paragraph (7) of this Code section.
(2) 'Adult day center' means a facility serving aging adults that provides adult day care or adult day health services, as defined in paragraphs (1) and (3) of this Code section, for compensation, to three or more persons.
(3) 'Adult day health services' means the provision of a comprehensive plan of services that meets the needs of aging adults under a medical model, as defined in paragraph (6) of this Code section.
(4) 'Aging adults' means persons 60 years of age or older or mature adults below the age of 60 whose needs and interests are substantially similar to persons 60 years of age or older who have physical or mental limitations that restrict their abilities to perform the normal activities of daily living and impede independent living.
(5) 'Department' means the Department of Human Resources.
(6) 'Medical model' means a comprehensive program that provides aging adults with the basic social, rehabilitative, health, and personal care services needed to sustain essential activities of daily living and to restore or maintain optimal capacity for self-care. Such program of care shall be based on individual plans of care and shall be provided for less than 24 hours per day.
(7) 'Social model' means a program that addresses primarily the basic social and recreational activities needed to be provided to aging adults, but also provides, as required, limited personal care assistance, supervision, or assistance essential for sustaining the activities of daily living. Such programs of care shall be based on individual plans of care and shall be provided for less than 24 hours per day.
49-6-83.
No person, business entity, corporation, or association, whether operated for profit or not for profit, shall operate an adult day center without first obtaining a license or a provisional license from the department. A license issued under this article shall not be assignable or transferable.
49-6-84.
The department is authorized to promulgate rules and regulations to implement this article utilizing the public rule-making process to elicit input from consumers, providers, and advocates. The department is further authorized to issue, deny, suspend, or revoke licenses or take other enforcement actions against licensees or applicants as provided in Code Section 31-2-6. All rules and regulations and any enforcement actions initiated by the department shall comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
49-6-85.
An adult day center for which an application for a license has been submitted or to which a license has been issued shall be inspected by the department periodically and as determined necessary to monitor such center´s compliance with applicable laws and regulations; provided, however, the department may exempt a center from inspection if such center has been certified or accredited by a certification or accreditation entity recognized and approved by the department if such entity uses standards that are substantially similar to those established by the department. A center seeking exemption from inspection shall be required to submit to the department documentation of certification or accreditation, including a copy of its most recent certification or accreditation inspection report, which shall be maintained by the department as a public record."
SECTION 1A.
Chapter 5 of Title 30 of the Official Code of Georgia
Annotated, relating to protection of disabled adults and elder persons, is
amended by striking Code Section 30-5-8, relating to criminal offenses and
penalties for abuse, neglect, and exploitation of disabled adults and elder
persons, and inserting in lieu thereof the
following:
"30-5-8.
(a)(1) In addition to any other provision of law, it shall be unlawful for any person to abuse, neglect, or exploit any disabled adult or elder person.
(2) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of amisdemeanor of a high and aggravated nature felony and, upon
conviction, shall be punished by imprisonment for not less than one nor more
than five years.
(b)(1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report.
(2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor.
(c) Any violation of this Code section shall constitute a separate offense."
"30-5-8.
(a)(1) In addition to any other provision of law, it shall be unlawful for any person to abuse, neglect, or exploit any disabled adult or elder person.
(2) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a
(b)(1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report.
(2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor.
(c) Any violation of this Code section shall constitute a separate offense."
SECTION 2.
Chapter 2 of Title 31 of the Official Code of Georgia
Annotated, relating to the Department of Human Resources, is amended by striking
subsection (a) of Code Section 31-2-6, relating to actions against applicants or
licensees regulated under Chapters 7, 13, 22, and 23 of this title and Chapter 5
of Title 49, and inserting in its place the
following:
"(a) This Code section shall be applicable to any agency, center, facility, institution, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title and Chapter 5 and Article 7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection."
"(a) This Code section shall be applicable to any agency, center, facility, institution, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title and Chapter 5 and Article 7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection."
SECTION 3.
(a) For purposes of promulgating rules and regulations
only, the Sections 1 and 2 of this Act shall become effective only if funds are
specifically appropriated for the purposes of this Act in an appropriations Act
making specific reference to this Act and shall become effective when funds so
appropriated become available for expenditure.
(b) For all other purposes, Sections 1 and 2 of this Act shall become effective July 1 of the fiscal year following the year in which funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure.
(c) This section and Sections 1A and 4 of this Act shall become effective July 1, 2003.
(b) For all other purposes, Sections 1 and 2 of this Act shall become effective July 1 of the fiscal year following the year in which funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure.
(c) This section and Sections 1A and 4 of this Act shall become effective July 1, 2003.
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.