---
title: O.C.G.A. § 31-7-12.3. Rules, regulations, and waivers for personal care homes and assisted living communities.
collection: code
id: 31-7-12.3
cite_as: O.C.G.A. § 31-7-12.3 (2025)
canonical_url: https://georgiacommons.org/code/31-7-12.3
md_url: https://georgiacommons.org/code/31-7-12.3.md
text_url: https://georgiacommons.org/code/31-7-12.3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t31-(v23)-2025-pdf.pdf?sfvrsn=da7ded69_0#page=317
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/31-7.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: HEALTH / REGULATION AND CONSTRUCTION OF HOSPITALS AND OTHER HEALTH CARE FACILITIES / REGULATION OF HOSPITALS AND RELATED INSTITUTIONS
---

# O.C.G.A. § 31-7-12.3. Rules, regulations, and waivers for personal care homes and assisted living communities.

The department shall adopt rules and regulations to implement Code Sections 31-7-12 and 31-7-12.2. Notwithstanding the provision of limited nursing services by assisted living communities, such rules and regulations shall establish meaningful distinctions between the levels of care provided by personal care homes, assisted living communities, and nursing homes but shall not curtail the scope or levels of services provided by personal care homes or nursing homes as of June 30, 2011; provided, however, that nothing in this chapter shall preclude the department from issuing waivers or variances to personal care homes of the rules and regulations established pursuant to this Code section. Notwithstanding Code Section 31-7-12.2, the department shall not grant a waiver or variance unless:

(1) There are adequate standards affording protection for the health and safety of residents of the personal care home;

(2) The resident of the personal care home provides a medical assessment conducted by a licensed health care professional who is unaffiliated with the personal care home which identifies the needs of the resident; and

(3) The department finds that the personal care home can provide or arrange for the appropriate level of care for the resident.

## History

Code 1981, § 31-7-12.3, enacted by Ga. L. 2011, p. 227, § 1/SB 178; Ga. L. 2018, p. 611, § 1-2/SB 406; Ga. L. 2020, p. 95, § 7/HB 987.