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:

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

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#

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