Georgia Code, Title 31, Chapter 8, Article 5 - Bill of Rights for Residents of Long-Term Care Facilities

• § 31-8-100 - Short Title
  This article shall be known and may be cited as the "Bill of Rights for Residents of Long-term Care Facilities."
• § 31-8-101 - Legislative Intent
  The General Assembly finds that persons residing within long-term care facilities are isolated from the community and often lack the means to assert fully...
• § 31-8-102 - Definitions
  As used in this article, the term: (1) "Administrator" means a person, duly licensed as a nursing home administrator under Chapter 27 of Title...
• § 31-8-103 - Rights of Residents Generally
  Residents' rights shall include, but not be limited to, the rights provided in Code Sections 31-8-104 through 31-8-121.
• § 31-8-104 - Explanation of Rights; Acknowledgment of Explanation; Posting of Rights At Facilities
  Each resident and his guardian or representative, if the resident does not have a guardian, shall be given by the facility a written and...
• § 31-8-105 - Giving Certain Notices to Persons Who Became Residents Before July 1, 1981
  Any person who became a resident before July 1, 1981, shall receive the notices required under Code Section 31-8-104; paragraphs (2), (3), and (4)...
• § 31-8-106 - Information to Be Provided Residents Upon Admission; List of Current Rates and Services; Bill for Charges; Access to Nonmedical Records
  (a) At the time of admission, the facility must provide the resident with: (1) A written notice of the facility's basic daily or monthly...
• § 31-8-107 - Refusal of Admission or Continued Residence on the Basis of History or Condition of Mental or Physical Disease or Disability
  Each resident or person requesting admission to a facility shall be free from discrimination by the facility through its refusing admission or continued residency...
• § 31-8-108 - Required Care, Treatment, and Services; Rights in Regard Thereto; Experimental Research or Treatment
  (a) Each resident shall receive care, treatment, and services which are adequate and appropriate. Care, treatment, and services shall be provided as follows: (1)...
• § 31-8-109 - Use or Threat of Physical Restraints, Isolation, or Restrictions on Mobility
  (a) Each resident shall be free from actual or threatened physical restraints, isolation, or restrictions on mobility within or outside the facility grounds, including...
• § 31-8-110 - Right to Select Pharmacy or Pharmacist; Charges for Pharmaceutical Supplies and Services; Information As to Purpose and Effects of Drugs
  (a) Each resident or guardian shall be permitted to select the pharmacy or pharmacist of his choice for those pharmaceutical supplies and services not...
• § 31-8-111 - Rights As Citizen
  Each resident shall be encouraged and assisted by the facility to exercise all rights, benefits, and privileges as a citizen including, but not limited...
• § 31-8-112 - Freedom From Duty to Perform Services for Facility; Right to Rise and Retire At Times of Resident's Choice; Tobacco and Alcoholic Beverages; Freedom to Enter and Leave Facility
  (a) Each resident shall be free from a duty to perform services for the facility.(b) Each resident shall be permitted to rise and retire...
• § 31-8-113 - Right to Retain and Use Personal Property At Facility; Provision of Secure Storage Space for Such Property; Records of Stored Property; Investigation of Complaints of Theft
  (a) Each resident shall be permitted to retain and use his personal property, including funds and clothing, in his immediate living quarters as space...
• § 31-8-114 - Right to Privacy
  Each resident shall enjoy the right of privacy including, but not limited to, the following: (1) The right to privacy in the resident's room...
• § 31-8-115 - Use of Payments Made to or on Behalf of a Resident; Right of Resident or His Guardian to Manage the Resident's Financial Affairs; Assistance by Facility in Such Management
  (a) Any payments made to or on behalf of a resident, regardless of the payee, shall be used exclusively for the resident's benefit, unless...
• § 31-8-116 - Involuntary Transfer of Residents Discharged From Facility; Return to Facility After Transfer
  (a) Except in an emergency, where the resident or other residents are subject to an imminent and substantial danger that only immediate transfer or...
• § 31-8-117 - Suspension of Certain Rights Where Exercise Poses Danger to Self or Other Residents; Notice of Suspension; Duration
  Only the rights enumerated in paragraph (6) of subsection (b) of Code Section 31-8-108 and subsections (b), (c), and (d) of Code Section 31-8-112...
• § 31-8-118 - Freedom From Interference in Exercise of Rights and Pursuit of Interests; Accommodation of Conflicting Rights; Voicing of Complaints and Recommendation of Changes
  (a) The facility must permit each resident to exercise the rights and pursue the interests described in this chapter without restraint, interference, coercion, discrimination,...
• § 31-8-119 - Obtaining Contributions by Coercion; Use of Contributions Designated for a Restricted Purpose; Receipts and Records of Contributions
  No resident nor any resident's family, guardian, or representative shall be coerced by any means into giving contributions. When contributions are freely made by...
• § 31-8-120 - Visitors; Right of Access
  (a) Visitors must be granted access to residents, who have the right to refuse or terminate any visit. The facility must permit the resident's...
• § 31-8-121 - Formation of Residents' Council; Space for Meetings; Assistance in Attending Meetings; Compelling of Attendance or Participation
  The facility must permit the formation of a residents' council by interested residents, provide space for meetings, and provide assistance in attending meetings to...
• § 31-8-122 - Compliance With This Article by Facilities; Establishment by Facilities of Written Policies and Procedures; Familiarization of Facility Staff With This Article
  (a) Each facility shall establish written policies and procedures in accordance with this article and shall provide for the implementation and continuing compliance with...
• § 31-8-123 - Use of State or Community Ombudsman to Resolve Residents' Complaints
  Every effort shall be made to use the state ombudsman or community ombudsman, as provided for in Article 3 of this chapter, to resolve...
• § 31-8-124 - Grievances
  (a) Any resident, guardian, or representative who believes his rights under this article have been violated by a facility shall be permitted to file...
• § 31-8-125 - Administrative Hearings
  (a) Any resident, guardian, or representative who believes his rights under Code Section 31-8-107, paragraph (3) of subsection (b) of Code Section 31-8-108, Code...
• § 31-8-126 - Cause of Action Against Facility for Violation of Rights Under This Article; Civil Penalties; Applicability of Code Section 31-5-8
  (a) Any person or persons aggrieved because a long-term care facility has violated or failed to provide any right granted under this article shall...
• § 31-8-127 - Rules and Regulations
  The department is authorized to promulgate rules and regulations to implement this article.

Last modified: October 14, 2016