49-6-82. Definitions.

As used in this article, the term:

“Adult day care” means the provision of a comprehensive plan of services that meets the needs of aging adults, as defined in paragraph (4) of this Code section, under a social model, as defined in paragraph (9) of this Code section. This term shall not include programs which provide day habilitation and treatment services exclusively for individuals with developmental disabilities.#

“Adult day center” means a facility serving aging adults that provides adult day care or adult day health services, as defined in paragraphs (1) and (3) of this Code section, for compensation, to three or more persons. This term shall not include a respite care services program.#

“Adult day health services” means the provision of a comprehensive plan of services that meets the needs of aging adults under a medical model, as defined in paragraph (6) of this Code section. This term shall not include programs which provide day habilitation and treatment services exclusively for individuals with developmental disabilities or the Georgia Program of All-Inclusive Care for the Elderly (PACE), as defined in Article 9 of this chapter.#

“Aging adults” means persons 60 years of age or older or mature adults below the age of 60 whose needs and interests are substantially similar to persons 60 years of age or older who have physical or mental limitations that restrict their abilities to perform the normal activities of daily living and impede independent living.#

“Department” means the Department of Community Health.#

“Medical model” means a comprehensive program that provides aging adults with the basic social, rehabilitative, health, and personal care services needed to sustain essential activities of daily living and to restore or maintain optimal capacity for self-care. Such program of care shall be based on individual plans of care and shall be provided for less than 24 hours per day.#

“Primary caregiver” means the one identified relative or other person in a relationship of responsibility, such as an agent under a valid durable power of attorney for health care, a health care agent under a valid advance directive for health care, or a mental health care agent under a valid psychiatric advance directive, who has assumed the primary responsibility for the provision of care needed to maintain the physical or mental health of an aging adult, who lives in the same residence with such individual, and who does not receive financial compensation for the care provided.#

“Respite care services program” means a program for aging adults who can function in a group setting and who can feed and toilet themselves with or without the assistance of a personal aide accompanying them which:#

1. (A)

   Is operated by a nonprofit organization;#

2. (B)

   Provides no more than 25 hours of services per week;#

3. (C)

   Is managed by a director who has completed an adult day care services training and orientation program approved by the department;#

4. (D)

   Is staffed primarily by volunteers; and#

5. (E)

   Has as its sole purpose to provide primary caregivers of aging adults with relief from normal caregiving duties and responsibilities.#

“Social model” means a program that addresses primarily the basic social and recreational activities needed to be provided to aging adults, but also provides, as required, limited personal care assistance, supervision, or assistance essential for sustaining the activities of daily living. Such programs of care shall be based on individual plans of care and shall be provided for less than 24 hours per day.#