---
title: O.C.G.A. § 31-7-3.4. Liability insurance or self-insurance trust requirement for nursing and intermediate care homes.
collection: code
id: 31-7-3.4
cite_as: O.C.G.A. § 31-7-3.4 (2025)
canonical_url: https://georgiacommons.org/code/31-7-3.4
md_url: https://georgiacommons.org/code/31-7-3.4.md
text_url: https://georgiacommons.org/code/31-7-3.4/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=291
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. § 31-7-3.4. Liability insurance or self-insurance trust requirement for nursing and intermediate care homes.

(a) As used in this Code section, the term “nursing home claim” means a claim alleging direct or vicarious liability for the personal injury or death of one or more residents of a nursing home or intermediate care home or a violation of residents’ rights at such home under Article 5 of Chapter 8 of this title.

(b)(1) As a condition precedent to obtaining or maintaining a permit under this article to operate a nursing home or intermediate care home, a licensee shall carry or be covered by liability insurance coverages or establish or have established for its benefit a self-insurance trust for a nursing home claim.

(2) If a licensee fails to carry or be covered by liability insurance coverages or establish or have established for its benefit a self-insurance trust for a nursing home claim, the department shall provide notice to such licensee of its noncompliance and allow such licensee 60 days in which to comply. A licensee’s failure to maintain such coverage or establish such trust shall result in the department:

(A) Revoking such licensee’s permit issued pursuant to this article to operate the nursing home or intermediate care home;

(B) Denying any application to renew such permit; and

(C) Denying any application for a change of ownership of the nursing home or intermediate care home.

## History

Code 1981, § 31-7-3.4, enacted by Ga. L. 2016, p. 550, § 1/HB 920.

## Editor's Notes

Ga. L. 2016, p. 550, § 2/HB 920, not codified by the General Assembly, makes this Code section applicable to any claim filed on or after July 1, 2016.