Rule 111-8-50-.16 - EnforcementAny person or persons aggrieved because a long-term care facility has violated or failed to provide any rights granted under O.C.G.A. § 31-8-100et seq. or these rules and regulations shall have a cause of action against such facility for damages and such other relief as the court having jurisdiction of the action deems proper. No person shall be prohibited from maintaining such an action for failure to exhaust any rights to administrative or other relief granted under O.C.G.A. § 31-8-100et seq. or these rules and regulations. In addition to all other penalties or remedies that may be imposed by these rules and regulations, or any state or federal law, the Department is authorized to impose civil penalties as follows:
(a) If a violation has occurred, the Department shall order the facility to correct such violation by a specified date. It shall be presumed for the purposes of this section that a violation has occurred when any of the following findings are made: 1. An impartial referee has rendered a decision pursuant to subsection .14(f)3 that a violation has occurred and such finding is not reversed upon appeal; or2. A hearing officer determines pursuant to subsection .15(f) that a violation has occurred and such finding is not reversed upon appeal; or3. A superior court judge, pursuant to an action under O.C.G.A. § 31-8-126, finds that a facility has violated or failed to provide any rights under O.C.G.A. § 31-8-100et seq., and such finding is not reversed upon appeal; or4. The Department determines in any inspection, required or permitted by law or regulation, that a violation has occurred.(b) If an impartial referee, hearing officer, superior court judge, or the Department finds a violation pursuant to section (a) of this rule, the facility shall correct such violation within the time specified by the Department. If the facility does not correct the violation within the time specified or within a reasonable time, as established by the Department, the Department shall have the power to order the facility to discontinue admitting residents to such facility until such violation has been corrected. The Department shall have the authority to visit and inspect the facility to determine if a known or alleged violation has been corrected.(c) In cases of violation repeated by a facility under the same license within a 12-month period, the Department may assess a civil penalty not to exceed $75.00 per violation for each day in which the violation continues, except that the maximum civil penalty for each violation within a 12-month period shall not exceed $2,500.00. If a facility commits a violation against an individual or group of individuals and commits the same violation within a 12-month period against another individual or group of individuals, such violation shall be considered a repeat violation for the purpose of imposing civil penalties under this section. In imposing such civil penalties, the Department shall consider all relevant factors including, but not limited to: 1. The amount of assessment necessary to insure immediate and continued compliance;2. The character and degree of impact of the violation on the health, safety, and welfare of any resident in the facility;3. The conduct of the person or facility against whom the citation is issued in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violations;4. Any prior violations by the facility of statutes, regulations, or orders administered, adopted, or issued by the Department.(d) No civil penalty shall be collected by the Department until notice and opportunity for hearing are afforded pursuant to O.C.G.A. § 31-2-8. Any person or facility subject to a civil penalty is entitled to review pursuant to O.C.G.A. § 50-13-19. Nothing in these regulations shall be construed to preempt any other law or regulations or to deny any rights or remedies which are provided under any other law or regulations.(e) All civil penalties recovered by the Department shall be paid into the State Treasury.Ga. Comp. R. & Regs. R. 111-8-50-.16
O.C.G.A. §§ 31-2-4et seq., 31-8-126, 31-8-127 and 50-13-1et seq.
Original Rule entitled "Enforcement" adopted. F. Feb. 20, 2013; eff. Mar. 12, 2013.