08 LC 33
2422S
House
Bill 1044 (COMMITTEE SUBSTITUTE)
By:
Representatives Walker of the
107th,
Cooper of the
41st,
Everson of the
106th,
Heard of the
104th,
Smyre of the
132nd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia
Annotated, relating to licensure of adult day centers, so as to provide that a
respite care services program shall not be required to be licensed as an adult
day center; to provide for certain requirements for respite care services
programs; to require licensure as such; to provide for inspection of such; to
provide for a license requirement; to provide for sanctioning authority; to
provide for applicability; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating
to licensure of adult day centers, is amended by revising Code Section 49-6-82,
relating to definitions, as follows:
"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)
(9)
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.
This term
shall not include a respite care services program.
(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)
'Primary caregiver' means the one identified relative or other person in a
relationship of responsibility, such as an agent under a valid durable power of
attorney for health care or health care agent under a valid advance directive
for health care, who has assumed the primary responsibility for the provision of
care needed to maintain the physical or mental health of an aging adult, who
lives in the same residence with such individual, and who does not receive
financial compensation for the care
provided.
(8)
'Respite care services program' means a program for aging adults who can
function in a group setting and who can feed and toilet themselves with or
without the assistance of a personal aide accompanying them which:
(A)
Is operated by a nonprofit organization;
(B)
Provides no more than 25 hours of services per week;
(C)
Is managed by a director who has completed an adult day care services training
and orientation program approved by the department;
(D)
Is staffed primarily by volunteers; and
(E)
Has as its sole purpose to provide primary caregivers of aging adults with
relief from normal caregiving duties and responsibilities.
(7)(9)
'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."
SECTION
2.
Said
article is further amended by adding a new Code section to read as
follows:
"49-6-83.1.
(a)
A respite care services program shall:
(1)
Maintain accurate emergency contact information for the primary caregiver,
contact information of the aging adult´s physician, and any known drug
allergies of the aging adult;
(2)
Contact local law enforcement authorities if an aging adult who requires
supervision for safety leaves the premises unescorted and is not located within
30 minutes of knowledge of such departure;
(3)
Deliver services in accordance with the following rights of aging
adults:
(A)
The right to be treated as an adult with respect and dignity;
(B)
The right to be free from physical, mental, sexual, and verbal abuse and from
neglect and abuse;
(C)
The right to privacy and confidentiality; and
(D)
The right to file a complaint with the department´s Office of Regulatory
Services if the aging adult or primary caregiver believes that the program is
not providing services in accordance with this Code section; and
(4)
Provide contact information, including the phone number and complete address, of
the department´s Office of Regulatory Services to the aging adult and his
or her caregiver for purposes of filing a complaint pursuant to subparagraph (D)
of paragraph (3) of this subsection.
(b)
The department shall be authorized to issue a license to a respite care services
program which meets the requirements of this Code section. The department shall
be authorized to assess an initial fee of $200.00 to an applicant for a license
under this Code section and an annual renewal fee of $50.00.
(c)
The department shall be authorized to conduct periodic inspections and other
inspections as determined necessary by the department of respite care services
programs to ensure compliance with the provisions of this Code section and
department rules and regulations.
(d)
No person, business entity, corporation, or association, whether operated for
profit or not for profit, shall operate a respite care services program without
first obtaining a license or a provisional license from the department. A
license issued under this article shall not be assignable or
transferable.
(e)
Code Section 31-2-6 shall be applicable to respite care services programs and
the department shall have the authority to take any of the actions enumerated in
Code Section 31-2-6 with respect to respite care services programs.
(f)
This Code section shall not apply to respite care services programs established
prior to January 1, 2008."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.