Rule 111-8-22-.19 - Enforcement of Rules and Regulations(1) An end stage renal disease facility that fails to comply with these rules and regulations shall be subject to sanctions and/or license revocation as provided by law.(2) The Department may take actions to enforce these rules and regulations as prescribed in the Rules and Regulations for General Licensing and Enforcement Requirements, Chapter 111-8-25, pursuant to O.C.G.A. § 31-2-8, and/or by appointment of a temporary manager as described in these rules.(3)Voluntary Appointment of a Temporary Manager. A person holding a controlling interest in an end stage renal disease facility may, at any time, request the Department to assume the management of the facility through the appointment of a temporary manager. (a) If the Department considers the appointment appropriate for the protection of the health and safety of patients, the Department may enter into an agreement providing for the appointment of the temporary manager to manage the facility under conditions agreed upon by both parties.1. The agreement shall specify all terms and conditions of the temporary manager's appointment and authority.2. The agreement shall preserve all rights granted by law to patients of the facility.(b) The primary duty of the temporary manager shall be to ensure that adequate and safe services are provided to patients until temporary management ceases.(c) The appointment shall terminate at the time specified by the agreement.(4)Involuntary Appointment of a Temporary Manager. The Department may request that the state Attorney General bring an action for the appointment of a temporary manager to manage the facility, if:(a) The facility is operating without a license;(b) The Department has denied, suspended, or revoked the facility's license but the facility continues to operate;(c) License denial, suspension, or revocation proceedings against the facility are pending and the Department determines that there exists an imminent or reasonable foreseeable threat to the health and safety of a patient of the facility;(d) The Department determines that an emergency exists that presents an immediate threat to the health and safety of a patient of the facility; or(e) The facility is closing and arrangements for the care of patients by other licensed facilities have not been made before closure.(5) A temporary manager appointed under either voluntary or involuntary condition shall be entitled to a reasonable fee as determined by the court. The fee shall be paid by the facility.(6) A temporary manager appointed voluntarily may petition the court to order the release of any payment owed to him/her for care and services provided to patients at the facility if the payment has been withheld before or during the period of appointment, including any Medicaid, Medicare, or insurance payment, or payment from another third party.Ga. Comp. R. & Regs. R. 111-8-22-.19
O.C.G.A. §§ 31-2-8 and 31-44-13et seq.
Original Rule entitled "Enforcement of Rules and Regulations" adopted. F. Feb. 20, 2013; eff. Mar. 12, 2013.