Rule 111-8-56-.20 - Nursing Home Permit Requirements(1) To be eligible for a permit the nursing home must be in satisfactory compliance with these rules and regulations and the provisions at law which apply to the locations, construction and maintenance of homes and the safety of the patients therein.(2) Prior to the issuance of a permit and at the request of the Commissioner, the governing body or operator shall furnish to the Department evidence of satisfactory compliance with any laws or regulations thereunder applicable to homes but the enforcement of which is the responsibility of a department or agency of government other than the Department.(3) The permit shall be framed and publicly displayed at all times.(4) Permits are not transferable from one governing body or operator to another, nor valid when the home is moved from one location to another.(5) Nursing homes shall provide the Department at least ninety (90) days prior written notice of the following events via electronic mail at HFRD.NH@dch.ga.gov (or such other updated address posted on the Department's website), and, for applicable events, shall take the following required actions:(a) Date of a proposed transfer of ownership and/or change of the operator of the nursing home. The transferring nursing home owner and/or the owner of the real estate upon which the nursing home is located shall provide to the Department a copy of the acquisition agreement, operator or management agreement, lease agreement, and any other documents regarding the transfer as requested by the Department.(b) Date of closure of the nursing home or anticipated interruption of nursing home operations. Prior to ceasing operations, a nursing home shall timely notify the Department of the planned storage location for residents' medical records, medical staff information, and other critical information. The nursing home shall publish on its webpage in a prominent location and in a widely circulated newspaper(s) in the nursing home service area a notice indicating where medical records and other critical information can be retrieved. The nursing home shall also provide this information to its residents or their designated representatives in writing. Following its closure, the nursing home shall promptly notify the Department in writing of any change in location of the residents' medical records, medical staff information, and other critical information;(c) The effective date of a transaction involving a nursing home's acquisition, sale, divestment, transfer of operations, or merger with another nursing home or other business entity; or(d) Effective date of material changes affecting nursing home operations, including but not limited to the addition of any services, reduction or elimination of bed capacity, or other material change(s) regarding the nursing home's delivery of services. Such notification shall include a detailed description of the material changes. A nursing home may be fined by the Department in an amount of $1000.00 per day that any notification required by Ga. Comp. R. & Regs. r. 111-8-56-.20 is late, subject to waiver or reduction of such notice requirement by the Department for good cause, as it determines in its sole discretion. A nursing home may also be fined $1000.00 per day that it fails to take any other action required by Ga. Comp. R. & Regs. r. 111-8-56-.20, after receipt of written notice by the Department. The Department shall review all proposed events and actions in accordance with its regulatory authority. A nursing home must also promptly respond to information requests issued by the Department.
(6) The permit shall be surrendered to the Department upon occurrence of any of the following events:(a) The final onsite inspection by the Department on the last day of operation for the nursing home;(b) The nursing home's cessation of operations;(c) A nursing home's relocation of its facility to a new premises;(d) A change of more than fifty percent (50%) of the nursing home's ownership or governing body, or any change of operator of the nursing home; or(e) The Department's suspension or revocation of the nursing home's permit.(7) A permit shall be required for each nursing home located on different premises where more than one home is operated under the same governing body. When a nursing home operates as distinct parts, then a permit shall be required for each distinct part.(8) Each nursing home shall be in compliance with O.C.G.A. § 26-2-370 et seq., entitled "Food Service Establishments" and the Rules and Regulations as adopted and promulgated thereunder entitled "Rules and Regulations for Food Service" and with any amendment to the law or rules promulgated thereunder.Ga. Comp. R. & Regs. R. 111-8-56-.20
O.C.G.A. §§ 26-2-370 et seq., 31-2-1, et seq., 31-7-1 et seq.
Original Rule entitled "Permits" adopted. F. Feb. 20, 2013; eff. Mar. 12, 2013.Amended: New title, "Nursing Home Permit Requirements." F. Mar. 10, 2023; eff. Mar. 30, 2023.