Rule 111-8-13-.04 - Use of the Georgia Caregiver Registry(1) The Georgia Caregiver Registry will enable employers who are family members or guardians of elderly persons in Georgia to obtain an employment eligibility determination for applicants or employees who are providing personal care services to the employer's family members or wards.(2) The Caregiver Registry shall be used solely for those applicants or employees that offer personal care related services to an elderly person that is an employer's family member or ward in the State of Georgia. Personal care services performed pursuant to these rules shall not be performed at facilities licensed by the Department.(3) The use of the Georgia Caregiver Registry is voluntary and not required by state or federal law.(4) The Georgia Caregiver Registry shall not be used by facilities licensed by the Department, or other entities, or individuals who are not employers, as defined in this rule, to determine a person's employment status or for any other purpose.(5) DCH will allow employers to use the Georgia Caregiver Registry to inquire about the eligibility status of an applicant or current employee as if they were applying to work or working in one of the facilities licensed under O.C.G.A. § 31-7-351(8) if the following requirements are met:(a) the applicant or employee agrees to such request,(b) the applicant or employee provides his or her fingerprints as set forth in O.C.G.A. Article 14, Chapter 7, Title 31; and(c) the applicant or employee provides written consent to the inclusion of the results in the Georgia Caregiver Registry.(6) If the requirements in Section 111-8-13-.04(5)(a)-(c) are satisfied, DCH shall issue a written eligibility determination to the applicant or employee. The employer shall be responsible for all employment decisions made based on the eligible or ineligible employment determination. Any fees associated with such check shall be paid by the employer, applicant, or employee.(7) Should the applicant or employee refuse to include the results of their criminal background check into the Georgia Caregiver Registry then the Department shall not issue a determination as defined in O.C.G.A. §§ 31-7-351(15) and (16).Ga. Comp. R. & Regs. R. 111-8-13-.04
O.C.G.A. §§ 31-7-380, 31-7-382, 31-7-383.
Original Rule entitled "Use of the Georgia Caregiver Registry" adopted. F. Nov. 30, 2021; eff. Dec. 20, 2021.