Rule 111-8-63-.07 - Owner Governance(1) The assisted living community must have a functioning governing body which is responsible for providing the oversight necessary to ensure that the community operates in compliance with these rules, the Rules for General Licensing and Enforcement, Chapter 111-8-25, the Rules for Proxy Caregivers, Chapter 111-8-100, as applicable and other applicable state laws and regulations.(2) The governing body is responsible for implementing policies, procedures and practices in the community that support the core values of dignity, respect, choice, independence and privacy of the residents in a safe environment and in accordance with these rules. At a minimum, the policies and procedures that are developed must provide direction for the staff and residents on the following: (a) the services available in the assisted living community, including, personal services, assisted living care, memory care services and any other specialized services such as memory care centers and designated proxy caregivers;(b) the staffing plan that the community utilizes to ensure that staffing ratios increase proportionally as the number of residents who require assisted self-preservation increases;(c) admissions, discharges and immediate transfers which ensure that the community does not admit or retain residents who need more care that the assisted living community is authorized or capable of providing;(d) refunds when a resident is transferred or discharged;(e) training and ongoing evaluation of staff, including specialized training if designated proxy caregivers are provided or memory care is offered;(f) house rules and their enforcement;(g) protecting the rights of the residents as set forth in these rules;(h) medication management, procurement, the use of certified medication aides and professional oversight provided for such services;(i) health and hygiene issues for residents and staff relating to infection control, work policies and return to work policies, food borne illnesses and reportable diseases;(j) the investigation and reporting of abuse, neglect, exploitation of residents, residents' wandering away from the community, accidents, injuries and changes in residents' conditions to required parties;(k) discipline procedures for handling acts committed by staff which are inconsistent with the policies of the assisted living community;(l) emergency preparedness, drills and evacuation requirements;(m) quality assurance review mechanisms, including resident and family feedback to determine opportunities for improving care;(n) the use of volunteers and their orientation regarding resident's rights and basic safety precautions;(o) the specific use of proxy caregivers allowed within the community and the oversight of proxy caregivers the community requires or provides in accordance with Georgia law, these rules and the rules for proxy caregivers, Chapter 111-8-100; and(p) the safety and security precautions that will be employed by the assisted living community to protect residents from harm by other residents, designated proxy caregivers, and other individuals, not employed by the community who routinely come into the community.(3) The governing body must designate an administrator or on-site manager as responsible for the overall management of the assisted living community and for carrying out the rules and policies adopted by the governing body.(4) The governing body must ensure that the Department has current emergency contact information consisting of name, e-mail contact for notifications to the licensed community, physical addresses, and phone numbers for the governing body and the administrator or on-site manager of the assisted living community.(5) The governing body must take appropriate measures within its control, to protect the residents from criminal activity occurring in the assisted living community.(6) The governing body must not allow persons who are not residents of the assisted living community to live on the premises if they are listed on the National Sex Offender Registry.(7) No member of the governing body, administration, or staff of the assisted living community or an affiliated assisted living community or family members of the governing body or any staff may serve as the legal surrogate or representative of a resident.(8) Where the governing body, a member of the governing body's family or a staff member of the assisted living community or an affiliated assisted living community serves as the representative payee of a resident, the individual or entity must be covered by a surety bond.(9) Notification of Emergency Relocation. The community must provide timely notification of the relocation address to the residents, their family contacts and representatives, if any, and the department whenever the community must relocate the residents as a result of an emergency situation which disrupts the provision of room and board for the residents at the licensed location.(10) Notification of Bankruptcy, Eviction or Change of Ownership. The community must provide: (a) a minimum of sixty (60) days written notice to the department and all residents of any impending bankruptcy or property eviction that may force discharge or relocation of residents or otherwise adversely impact the provision of safe care and oversight; and(b) a minimum of thirty (30) days written notice to the department and all residents of any impending change of ownership. The notice to the department shall be in the form of an application which must be approved before the permit is issued to the new owner(s).Ga. Comp. R. & Regs. R. 111-8-63-.07
O.C.G.A. §§ 31-2-7, 31-2-8, 31-7-1 et seq.
Original Rule entitled "Owner Governance" adopted. F. Dec. 13, 2012; eff. Jan. 2, 2012.Amended: F. Aug. 24, 2021; eff. Sept. 13, 2021.