Ga. Comp. R. & Regs. 290-9-37-.04

Current through Rules and Regulations filed through June 17, 2024

Rule 290-9-37-.04 - Exemptions

These rules do not apply to the following facilities;

(a) Boarding homes or rooming houses that provide no personal services other than lodging and meals;

(b) Facilities offering temporary or emergency shelter, such as those for the homeless or victims of family violence, respite homes serving persons for 30 days or less, or homes serving one person;

(c) Emergency receiving, evaluation, and treatment facilities that provide medical and nursing services and that are approved by the state and regulated under the more specific authorities;

(d) Facilities providing residential services for federal, state, or local correctional institutions under the jurisdiction for the criminal justice system;

(e) Hospices that serve terminally ill persons as defined in O.C.G.A. § 31-7-172(3);

(f) Therapeutic substance abuse treatment facilities and residences that are not intended to be an individual's permanent residence;

(g) Group residences organized by or for persons who choose to live independently and mange their own care and who share the cost of service including but not limited to attendant care, transportation, rent utilities, and food preparation;

(h) Charitable organizations providing shelter and other services without charging any fee to the resident and without billing other agencies for services provided.

(i) Residences in which a person lives with his or her family;

(j) Residences in which a person lives under his or her own lease or warranty deed, in which the agency providing services do not manage the person's residence and the resident is not required to move when the agency providing services is changed;

(k) Apartments or other clustered residential arrangements where staff is available that are developed as permanent housing for adults with mental illness, in which each person lives within his or her residential arrangement with immediate support of staff; or

(l) Personal care homes as defined in Chapter 290-5-35.

Ga. Comp. R. & Regs. R. 290-9-37-.04

O.C.G.A. Secs. 31-7-1et seq., 37-1-22.

Original Rule entitled "Exemptions" adopted. F. Oct. 24, 2002; eff. Nov. 13, 2002.