08 LC 37
0582
House
Bill 1021
By:
Representatives Golick of the
34th
and Cooper of the
41st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 45 of Title 33 of the Official Code of Georgia Annotated, relating
to continuing care providers and facilities, so as to provide a certain
definition; to provide for a separate disclosure addendum to the continuing care
agreement of the status of the facility´s liability insurance policy; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
45 of Title 33 of the Official Code of Georgia Annotated, relating to continuing
care providers and facilities, is amended by revising Code Section 33-45-1,
relating to definitions, as follows:
"33-45-1.
As
used in this chapter, the term:
(1)
'Continuing care' or 'care' means furnishing pursuant to an agreement shelter,
food, and either nursing care or personal services, whether such nursing care or
personal services are provided in the facility or in another setting designated
by the agreement for continuing care, to an individual not related by
consanguinity or affinity to the provider furnishing such care upon payment of
an entrance fee. Other personal services provided shall be designated in the
continuing care agreement. Agreements to provide continuing care include
agreements to provide care for any duration, including agreements that are
terminable by either party.
(2)
'Entrance fee' means an initial or deferred payment of a sum of money or
property made as full or partial payment to assure the resident a place in a
facility. An accommodation fee, admission fee, or other fee of similar form and
application shall be considered to be an entrance fee.
(3)
'Facility' means a place in which it is undertaken to provide continuing
care.
(4)
'Liability insurance' means insurance on risks based upon neglect of a resident
for which a provider is or may be responsible.
(4)(5)
'Licensed' means that the provider has obtained a certificate of authority from
the department.
(5)(6)
'Personal services' means, but is not limited to, such services as: individual
assistance with eating, bathing, grooming, dressing, ambulation, and
housekeeping; supervision of self-administered medication; arrangement for or
provision of social and leisure services; arrangement for appropriate medical,
dental, nursing, or mental health services; and other similar services which the
department may define. 'Personal services' shall not be construed to mean the
provision of medical, nursing, dental, or mental health services by the staff of
a facility.
(6)(7)
'Provider' means the owner or operator, whether a natural person, partnership,
or other unincorporated association, however organized, trust, or corporation,
of an institution, building, residence, or other place, whether operated for
profit or not, which owner or operator undertakes to provide continuing care for
a fixed or variable fee, or for any other remuneration of any type, whether
fixed or variable, for the period of care, payable in a lump sum or lump sum and
monthly maintenance charges or in installments.
(7)(8)
'Resident' means a purchaser of or a nominee of or a subscriber to a continuing
care agreement. Such an agreement may not be construed to give the resident a
part ownership of the facility in which the resident is to reside unless
expressly provided for in the agreement."
SECTION
2.
Said
chapter is further amended in subsection (a) of Code Section 33-45-7, relating
to requirements for continuing care agreements, addenda, and amendments, by
striking "and" at the end of paragraph (11), by striking the period and
inserting "; and" at the end of paragraph (12), and by adding a new paragraph to
read as follows:
"(13)
Show proof that the provider has secured a signed, dated disclosure to the
prospective resident and all other parties to the agreement clearly stating the
provider maintains liability insurance coverage or the provider does not
maintain such liability policy. The provider shall secure a signed, dated
statement from each party to the contract certifying that each party has
received a copy of the agreement with the liability insurance disclosure as
required by this chapter."
SECTION
3.
This
Act shall become effective on July 1, 2008.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.