Bill Text: GA SB455 | 2011-2012 | Regular Session | Introduced

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Bill Title: Assisted Living; authorize licensed personal care homes and community living arrangements to use certain terms

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2012-02-17 - Senate Read and Referred [SB455 Detail]

Download: Georgia-2011-SB455-Introduced.html

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12 LC 33 4582

Senate Bill 455

By: Senators Goggans of the 7th, Hill of the 4th, Williams of the 19th, Golden of the 8th and Orrock of the 36th

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions unlawful, so as to authorize licensed personal care homes and community living arrangements to use certain terms; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions unlawful, is amended by revising paragraph (26) of subsection (b) as follows:

"(26) With respect to any individual or facility providing personal care services or assisted living care:

(A) Any person or entity not duly licensed or registered as a personal care home or assisted living community formally or informally offering, advertising to, or soliciting the public for residents or referrals; or

(B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, or any assisted living community, as defined in Code Section 31-7-12.2, offering, advertising, or soliciting the public to provide services:

(i) Which are outside the scope of personal care services or assisted living care, respectively; and

(ii) For which it has not been specifically authorized.

Nothing in this subparagraph prohibits advertising by a personal care home or assisted living community for services authorized by the Department of Community Health under a waiver or variance pursuant to subsection (b) of Code Section 31-2-7. Nothing in this subparagraph shall prohibit a licensed personal care home or community living arrangement from using the term 'assisted living services' or the term 'assisted living'; provided, however, that a licensed personal care home or community living arrangement shall not use the terms 'assisted living care' or 'assisted living community' unless it is licensed as an assisted living community pursuant to Code Section 31-7-12.2.

For purposes of this paragraph, 'personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nursing services, and 'assisted living care' includes services provided for in Code Section 31-7-12.2. The provisions of this paragraph shall be enforced following consultation with the Department of Community Health which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services;"

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.