(1) As a minimum, the following rights shall be guaranteed and cannot be waived by the resident or the
resident’s representative or legal surrogate, if any:
(a) Each resident shall receive care, and services which shall be adequate, appropriate, and in
compliance with applicable federal and state law and regulations, without discrimination in the quality of
service based on age, gender, race, physical or mental disability, religion, sexual orientation, national
origin, marital status or the source of payment for the service;
(b) No resident shall be punished or harassed by the facility, its agents or its employees because of the
resident’s efforts to enforce his or her rights;
(c) Each resident shall have the right to:
1. exercise the constitutional rights guaranteed to citizens of this state and this country including, but
not limited to, the right to vote;
2. choose activities and schedules consistent with the resident’s interests, and assessments;
3. interact with members of the community both inside and outside the home and to participate fully in
the life of the community; and
4. make choices about aspects of his or her life in the home that are significant to the resident;
(d) Each resident shall have the right to enjoy privacy in his or her room; facility personnel and others
shall respect this right by knocking on the door before entering the resident’s room. Each resident may
associate and communicate privately with persons and groups of his or her choice. Residents shall have
the right of freedom from eavesdropping and the right to private and uncensored communication with
anyone of the resident’s choice;
(e) Each resident may associate and communicate privately with persons and groups of his or her
choice.
(f) Residents shall have the right of freedom from eavesdropping and the right to private and
uncensored communication with anyone of the resident’s choice;
(g) If a resident is married and the spouse is also a resident in the facility, they shall be permitted to
share a room unless they request otherwise;
(h) Each resident shall be treated with dignity, kindness, consideration and respect and be given privacy
in the provision of personal care. Each resident shall be accorded privacy and freedom for the use of
bathrooms at all hours;
(i) No religious belief or practice shall be imposed upon any resident. Residents must be free to practice
their religious beliefs as they choose. Each resident shall have the right to participate in social, religious,
and community activities that do not interfere with the rights of other residents;
(j) Each resident shall have the right to be free from mental, verbal, sexual and physical abuse, neglect
and exploitation. Each resident has the right to be free from actual or threatened physical or chemical
restraints and the right to be free from isolation, corporal, or unusual punishment including interference
with the daily functions of living, such as eating or sleeping;
(k) Each resident shall have the right to use, keep and control his or her own personal property and
possessions in the immediate living quarters, except to the extent a resident’s use of his or her property
would interfere with the safety or health of other residents. Each resident shall have the right to
reasonable safeguards for the protection and security of his personal property and possessions brought
into the facility;
(l) Each resident’s mail shall be delivered unopened to the resident on the day it is delivered to the
facility. Each resident’s outgoing correspondence shall remain unopened;
(m) Each resident shall have access to a telephone and the right to have a private telephone, at the
resident’s own expense. Telephones shall be placed in areas to insure privacy without denying
accessibility;
(n) Each facility must permit immediate access to residents by others who are visiting with the consent
of the resident. Residents have the right to have visitors at mutually agreed upon hours. Once the hours
are agreed upon, no prior notice is necessary. Each resident shall have the complete right to terminate
any visit by any person who has access to the facility;
(o) Each resident shall have the right to manage his own financial affairs, including the right to keep and
spend his own money unless that resident has been adjudicated incompetent by a court of competent
jurisdiction. Each resident shall have the right to be free from coercion to assign or transfer to the home
money, valuables, benefits, property or anything of value other than payment for services rendered by the
facility;
(p) Each resident shall have the right to a personal needs allowance for the free use of the resident in
the amount of five dollars per week to be distributed by the administrator, on-site manager, or a
responsible staff person in the home. The following conditions shall be met regarding the personal needs
allowance:
1. The personal needs allowance shall be included as a charge for services to each resident’s account
which a resident or a resident’s representative or legal surrogate, if any, may waive by signing a written
waiver upon admission or anytime thereafter. No allowance charge may be assessed where a resident or
a resident’s representative or legal surrogate, if any, has signed a written waiver of the personal needs
allowance. Such a waiver shall be kept in a resident’s file;
2. Where no waiver has been signed, the personal needs allowance shall be tendered to each resident,
in cash, on the same day each week; and
3. The personal needs allowance shall not be intended or needed for purchasing necessary goods
such as toilet paper and light bulbs which the home ordinarily supplies, and shall in no way relieve the
home of the obligation to insure that such necessary goods are available to the resident;
(q) Each resident shall also have the right to receive or reject medical care, dental care, or other
services except as required by law or regulations;
(r) Each resident shall have the right to choose and retain the services of a personal physician and any
other health care professional or service. No facility shall interfere with the resident’s right to receive from
the resident’s attending physician complete and current information concerning the resident’s diagnosis,
treatment and prognosis. Each resident and his or her representative or legal surrogate, if any, shall have
the right to be fully informed about care and of any changes in that care and the right of access to all
information in medical records;
(s) Each resident shall have the right to fully participate in the planning of his or her care. Case
discussion, consultation and examination shall be confidential and conducted discreetly. A person who is
not directly involved in the resident’s care may be present when care is being rendered only if he or she
has the resident’s permission;
(t) Each resident shall have the right to inspect his or her records on request. Each resident shall have
the right to make a copy of all records pertaining to the resident. Each resident has the right to
confidential treatment of personal information in the resident file;
(u) Each resident who has not been committed to the facility by court order or who does not have a
representative or legal surrogate with specific written authority to admit, transfer or discharge, may
discharge or transfer himself or herself upon notification to the home in conformance with the home’s
policies and procedures; and
(v) Each resident shall have the right to access to the State Long-Term Care Ombudsman Program
O.C.G.A. § 31-8-50 et seq. and the name, address, and telephone number of the ombudsman and
county inspector assigned to the home shall be posted in a common area of the home.
(w) Residents shall have the right to form a Resident Council and have meetings in the home outside
the presence of owners, management or staff members of the home.
(2) Each resident shall be provided, at the time of admission to the home, with a copy of the Resident’s
Bill of Rights, as provided in Rule 111-8-62-.26 which shall include provisions for protecting the personal
and civil rights of each resident. In the event that a resident is unable to read the Resident’s Bill of Rights
the manager shall take special steps to assure communication of its contents to the resident.
111-8-62-.27 Procedures for Change in Resident Condition.
(1) In case of an accident or sudden adverse change in a resident’s condition or adjustment, a home
shall immediately obtain needed care and notify the representative or legal surrogate, if any. A record of
such incidents shall be maintained in the resident’s files.
(2) Immediate investigation of the cause of an accident or injury involving a resident shall be initiated by
the administrator or on-site manager of the home and a report made to the representative or legal
surrogate, if any, with a copy of the report maintained in the resident’s file and in a central file.
111-8-62-.28 Death of a Resident.
(1) Should a resident die while in the home, the administrator, on-site manager or designated staff shall
immediately notify the resident’s physician, the next of kin, and the representative or legal surrogate, if
any. Statutes applicable to the reporting of sudden or unexpected death and reports which must
accompany the deceased shall be observed.
(2) Upon death of the resident, the home must refund to the representative or legal surrogate, if any,
any security deposit made to the home by or on behalf of the resident in compliance with O.C.G.A. § 44-
111-8-62-.29 Immediate Transfer of Residents.
(1) The administrator or on-site manager of the home may initiate immediate transfer if the resident
develops a physical or mental condition requiring continuous medical care or nursing care or if a
resident’s continuing behavior or condition directly and substantially threatens the health, safety and
welfare of the resident or any other resident.
(2) In the event such immediate transfer is required, the administrator or on-site manager of the home
shall advise both the resident and the resident’s representative or legal surrogate, if any, and immediate
arrangements shall be made based on the written admission agreement to transfer such resident to an
appropriate facility. The administrator or on-site manager shall document in the resident’s file the reasons
for the transfer.
(3) Where immediate transfer is to be made pursuant to paragraphs (1) and (2), the administrator or onsite
manager shall make arrangements for transfer in accordance with the admission agreement and
shall transfer the resident to an appropriate facility where the resident’s needs can be met. Prior to
making such transfer, the administrator or on-site manager shall:
(a) inform the resident and representative or legal surrogate, if any, of the reason for the immediate
transfer;
(b) inquire as to any preference of the resident and representative or legal surrogate, if any, regarding
the facility to which the resident is to be transferred;
(c) inform the representative or legal surrogate, if any, of the resident’s choice regarding such transfer;
(d) inform the resident and the representative or legal surrogate, if any, of the place to which the
resident is to be discharged;
(e) provide a copy of the resident file to the receiving facility within 24 hours of transfer; and
(f) document in the resident’s file the following:
1. the reason for the immediate transfer;
2. the fact that the resident and the representative or legal surrogate, if any, were informed pursuant to
this paragraph; and
3. the name, address, and telephone number of the place to which the resident is to be transferred or
discharged.
(4) Upon immediate transfer of the resident, the home must refund to the resident or representative or
legal surrogate, if any, any security deposit made to the home by or on behalf of the resident in
compliance with O.C.G.A. § 44-7-30 et seq.
111-8-62-.30 Discharge or Transfer of Residents.
(1) Each admission agreement shall include a written procedure for handling discharge and transfer of
the resident. The administrator or on-site manager shall contact the representative or legal surrogate, if
any, when there is need for discharge or transfer of a resident. Each resident shall have the right to thirty
days’ written notice to both the resident and the representative or legal surrogate, if any, prior to
discharge or transfer of the resident except where immediate transfer is required.
(2) In all cases except those requiring immediate transfer pursuant to Rule 111-8-62-.29, residents
whose needs cannot be met by the home or who no longer choose to live in the home shall be
discharged or transferred to an appropriate facility based on discharge and transfer procedures entered
into at the time of admission. For such discharge or transfer, a thirty-day written notice shall be given to
both the resident and representative or legal surrogate, if any, except when transfer is necessitated by a
change in physical or mental condition as defined in these rules or as authorized in Rule 111-8-62-.29
regarding immediate transfers. Where there is no representative or legal surrogate or the representative
or legal surrogate is unwilling to act, the administrator or on-site manager shall notify the Adult Protective
Services section of the Division of Aging Services, Department of Human Services and other appropriate
agencies when transfer assistance is needed. The transferring facility shall provide a copy of the resident
file to the receiving facility prior to or at the time of transfer.
(3) The Department may reassess the resident at anytime to determine whether a resident needs care
beyond that which the facility is permitted to provide.
(4) Upon discharge or transfer of the resident, the home must refund to the resident or representative or
legal surrogate, if any, any security deposit made to the home by or on behalf of the resident in
compliance with O.C.G.A. § 44-7-30 et seq.
111-8-62-.31 Reporting.
(1) Each county shall periodically submit reports, according to a schedule and on forms to be
established by the Department, which shall include information on the status of all personal care homes
in that county, and the status of waivers which have been granted.
(2) The staff of the personal care home shall call the local police department to report the elopement of
any resident from the home within 30 minutes of the staff receiving actual knowledge that such person is
missing from the home in accordance with the Mattie’s Call Act and the requirements set forth in
O.C.G.A. § 35-3-170 et seq. The home shall also report the initiation and discontinuation of a Mattie’s call
to the Healthcare Facility Regulation Division within thirty (30) minutes of communications with local law
enforcement authorities having occurred.
(3) The personal care home shall report in a standardized departmental format to the Healthcare
Facility Regulation Division of the Department of Community Health no later than 24 hours after the
incident has occurred, whenever any of the following incidents involving residents occurs or the personal
care home has reasonable cause to believe that an incident involving a resident has occurred:
(a) Any death of a resident;
(b) Any serious injury to a resident that requires medical attention;
(c) Any rape, assault, any battery on a resident, or any abuse, neglect, or exploitation of a Resident in
accordance with the Long Term Care Resident Abuse Reporting Act O.C.G.A. § 31-8-80 et seq;
(d) An external disaster or other emergency situation that affects the continued safe operation of the
residence;
(e) Any circumstances where a member of the governing body, administration, staff associated with or
affiliated with the personal care home, or family member of staff is associated with a will, trust, or life
insurance policy of a resident or former resident to verify that such gift is knowingly and voluntarily made
and not the result of any coercion; and
(f) When an owner, director or employee acquires a criminal record as defined in these rules.
(4) The incident report required by these rules shall be received by the Department, operating through
the Healthcare Facility Regulation Division, in confidence and shall include at least:
(a) The name of the personal care home and the name of the administrator or site manager;
(b) The date of the incident and the date the personal care home became aware of the incident; and
(c) The type of incident suspected, with a brief description of the incident;
(d) Any immediate corrective or preventative action taken by the personal care home to ensure against
the replication of the incident.
(5) Where the Department’s Healthcare Facility Regulation Division determines that a rule violation
related to the incident has occurred, the Department, through the Healthcare Facility Regulation Division,
will initiate a separate complaint investigation of the incident. The complaint investigation report and the
report of any rule violation compiled by the Healthcare Facility Regulation Division on behalf of the
Department arising either from the initial report received from the personal care home or an independent
source shall be subject to disclosure in accordance with applicable laws.
111-8-62-.32 Deemed Status.
The Department may accept the certification or accreditation of a home by an accreditation body or
certifying authority recognized and approved by the Department provided that certification or accreditation
constitutes compliance with standards that are substantially equivalent to these rules. Nothing herein
shall prohibit any departmental inspection.
111-8-62-.34 Enforcement and Penalties.
(1) Enforcement of these rules and regulations shall be in accordance with O.C.G.A. § 31-2-11 and the
Rules for Enforcement for Licensing Requirements, Chapter 290-1-6.
(2) No personal care home shall be operated or residents admitted without a permit or provisional
permit. Failure or refusal to file an application for a permit shall constitute a violation of Chapter 7 of Title
31 of the Official Code of Georgia Annotated. Any person who fails or refuses to file an application for a
permit shall be subject to the penalties provided by law including, but not limited to, an order to cease and
desist operating a Personal Care Home.
(3) The Department may refuse to grant a permit or provisional permit for the operation of any personal
care home which does not fulfill the minimum requirements of these rules and may revoke a permit or
provisional permit which has been issued and may invoke other sanctions if a home violates any of these
rules and regulations. Before any order is entered refusing a permit applied for or revoking a permit, the
applicant or permit holder shall be afforded an opportunity for a hearing as provided in Article 1 of
Chapter 5 of Title 31 of the Official Code of Georgia Annotated.
(4) No permit shall be issued to any governing body which has been denied a permit by the Department
during the previous twelve months. No permit shall be issued to any governing body which has had a
permit revoked by the Department during the previous twelve months.
(5) Subject to notice and the right to hearing, the Department is authorized to take other enforcement
action against the holder of a permit or a provisional permit including:
(a) issuing a public or private reprimand;
(b) imposition of a fine; and
(c) limitation, suspension, or restriction of a permit or provisional permit.
(6) The Department is empowered to institute appropriate proceedings in a court of competent
jurisdiction for the purpose of enjoining violation of any applicable provision of Title 31 of the Official Code
of Georgia Annotated, or of these rules and regulations.