The House Committee on Human Relations and Aging offers the following substitute
to HB 906:
A BILL TO BE ENTITLED
AN ACT
To amend Chapters 7 and 8 of Title 31 of the Official Code of Georgia Annotated, relating
to regulation and construction of hospitals and other health care facilities and care and
protection of indigent and elderly patients, respectively, so as to permit administration of
certain medications to residents of personal care homes and assisted living facilities; to
require long-term care facilities to post a link on their websites to the official website of the
office of the long-term care ombudsman; to provide for penalties; to provide for exemptions;
to provide for related matters; to provide for an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and
construction of hospitals and other health care facilities, by revising subparagraph (h)(4)(B)
of Code Section 31-7-12, relating to personal care homes, licensing and registration,
requirements, exemptions, and enforcement, as follows:
"(B) Administer insulin, epinephrine, GLP-1, and B12 pursuant to physician direction
and protocol;"
SECTION 2.
Said chapter is further amended by revising subparagraph (g)(7)(B) of Code
Section 31-7-12.2, relating to assisted living communities, licensing and regulation,
medication aides, certification, and requirements, as follows:
"(B) Administer insulin, epinephrine, GLP-1, and B12 pursuant to physician direction
and protocol;"
SECTION 3.
Chapter 8 of Title 31, relating to care and protection of indigent and elderly patients, is
amended by revising Code Section 31-8-59, relating to notice to residents, as follows:
"31-8-59.
(a) The state ombudsman shall prepare and distribute to each long-term care facility in the
state a written notice describing the long-term care ombudsman program and the procedure
to follow in making a complaint, including the address and telephone number of the state
ombudsman and community ombudsman, if any. The administrator shall give the written
notice required by this Code section subsection to each resident and his or her legally
appointed guardian, if any, upon admission. The administrator shall also post such written
notice in conspicuous public places in the facility in accordance with procedures provided
by the state ombudsman and shall give such notice to any resident and his or her legally
appointed guardian, if any, who did not receive it upon admission. The failure to provide
the notices required by this Code section subsection shall be a ground upon which the
department may revoke any permit issued to a long-term care facility under Code Section
31-7-1 Article 1 of this chapter.
(b) Each individual long-term care facility which maintains a website shall post in a
prominent location on such website a link to the official website of the state long-term care
ombudsman. The link shall be preceded with the following statement:
'The long-term care ombudsman program is a federally authorized independent
organization that helps residents of nursing homes, personal care homes, and
assisted living communities resolve complaints. The service is confidential and
free of charge. www.georgia.ombudsman.org'
(c)(1) If a long-term care facility violates any provision of subsection (b) of this Code
section, the department shall be authorized to:
(A) For the first violation within a consecutive 12 month period, issue a formal
warning to any long-term care facility;
(B) For the second violation within a consecutive 12 month period, impose a civil
monetary penalty of $100.00 on a long-term care facility; and
(C) For the third and each subsequent violation within a 12 month period, impose a
civil monetary penalty of $200.00 on a long-term care facility.
(2) Notwithstanding paragraph (1) of this subsection, the department shall not impose
any penalty on a long-term care facility for a violation of subsection (b) of this Code
section within a 12 month period if such violation consists solely of a website link that
is broken, inoperable, or misdirected.
(3) Failure to maintain the website link required by subsection (b) of this Code section
shall not result in the revocation of a license or permit."
SECTION 4.
This Act shall become effective on January 1, 2027.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.