July 12, 2020

Volume X, Number 194

July 10, 2020

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July 09, 2020

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Georgia Senate Approves HB 987

On June 24, 2020, the Georgia Senate approved HB 987. The bill provides additional measures of protection for residents of assisted living facilities and personal care homes. The bill had previously passed the Georgia House, and now moves to Governor Brian Kemp for his signature. Governor Kemp is expected to sign the bill, which requires that all affected facilities come into compliance with the new standards by July 1, 2021.

Among the more important provisions of the bill are the following:

  • Fines: Increases the maximum fines for violations cited by the Department of Community Health (DCH) to up to $2,000 per day for each violation. The Bill also imposes a mandatory fine of no less than $5,000 for a violation that has caused death or serious physical harm to a resident.

  • Nursing Services: Requires that the facility include a nurse on-staff member who will evaluate the level of care and medical needs of each resident.

  • Additional Staffing Requirements

    • Personal care homes with 25 or more beds and assisted living communities are required to have a minimum on-site staffing ratio of one direct care staff person for every 15 residents during all waking hours and 20 during non-waking hours.

    • A personal care home must also secure the services of a licensed pharmacist to perform certain duties.

    • Assisted living communities must have at least two on-site direct care staff persons at all times.

    • Assisted living communities must have a registered professional nurse or licensed practical nurse on-site. The hours required vary by facility size.

The bill includes requirements for Memory Care Centers. All Memory Care Centers must obtain a certificate for operation by July 1, 2021. Memory Care Centers will be required to employ or contract with a direct care person for every 12 residents, with a minimum of two direct care staff at all times. Facilities must also ensure that a registered or practical nurse or CMA is on site at all times. In addition, the Bill includes a requirement that all staff receive training in working with individuals with dementia.

The bill seeks to protect residents from the repercussions of a facility’s financial instability. It requires that an applicant for facility permit must include certification of its ability to operate for two years. Facilities will also be required to notify the DCH if the facility files for bankruptcy protection. In addition, a facility must give DCH 14 days’ advance written notice of a change of ownership that may involve the relocation of any residents.

The Senate Bill added language addressing readiness for future outbreaks of COVID-19 or similar pandemics. The Senate version requires facilities to develop a pandemic plan, purchase and maintain an adequate short-term supply of personal protective gear, and develop a plan for testing residents and staff. 

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume X, Number 181

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About this Author

Lacy Lee Health Care Attorney Polsinelli Law Firm
Associate

Lacy Lee is committed to providing client-focused representation to fight for the best results possible. She approaches complex legal issues pragmatically when counseling clients through a wide array of health care litigation matters. She focuses her practice on providing legal advice and strategic counsel to health care providers by working closely with clients’ legal and operational teams. Lacy works with healthcare providers including:

  • Hospitals
  • Health care systems
  • Skilled nursing facilities
  • Ancillary providers

Lacy represents clients...

404.253.6012
Daniel J. Mohan Health Care Attorney Polsinelli Atlanta, GA
Shareholder

Daniel Mohan has spent the past 25 years of his professional career representing health care providers navigate the complex and ever-changing business and regulatory landscape in the health care industry. He is passionate about forging close working relationships with clients to help them execute their strategic plan and find success in a highly competitive business environment.

Dan works with for-profit and nonprofit hospitals and integrated health care delivery systems, large single specialty and multi-specialty physician practices, post-acute care providers, private equity-backed management companies, ambulatory surgery companies, diagnostic imaging centers and hospice providers structure a variety of business transactions, negotiate complex contractual arrangements, and form clinically integrated networks, all in compliance with applicable federal and state health care statutes and regulations. 

Dan routinely counsels clients in the following matters:

  • Health care facility acquisition and sale transactions
  • Provider mergers and "member substitution" transactions
  • For-profit/nonprofit joint ventures
  • Service line management arrangements
  • Physician practice acquisitions and "roll-up" transactions 
  • Strategic partnerships and affiliation arrangements
  • Clinically integrated networks, IPAs, and partially-integrated provider networks
  • Arrangements in compliance with applicable state and federal laws, statutes, rules and regulations (including the Anti-Kickback Statute, the Stark Law, tax-exempt organization regulations, state self-referral laws, state certificate-of-need laws, and corporate practice of medicine statutory and common law)
404-253-6273