Rule 111-8-47-.20 - Permits(1) To be eligible for a permit the home must be in satisfactory compliance with these rules and regulations and the provisions at law which apply to the locations, construction, and maintenance of homes and the safety of the patients therein.(2) Prior to the issuance of a permit and at the request of the Commissioner, the governing body shall furnish to the Department evidence of satisfactory compliance with any laws or regulations thereunder applicable to homes but the enforcement of which is the responsibility of a department or agency of government other than the Department.(3) Each home shall, as a condition precedent to obtaining or maintaining a permit to operate an intermediate care home, 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. If a home 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 home of its noncompliance and allow such home 60 days in which to comply. A home's failure to maintain such coverage or establish such trust shall result in the Department: (a) Revoking such home's permit issued to operate the intermediate care home;(b) Denying any application to renew such permit; and(c) Denying any application for a change of ownership of the intermediate care home.(4) The permit shall be framed and publicly displayed at all times.(5) Permits are not transferable from one governing body to another, nor valid when the home is moved from one location to another.(6) The permit shall be returned to the Department when the home ceases to operate, or is moved to another location or the ownership changes or the governing body is significantly changed or the permit is suspended or revoked.(7) A permit shall be required for each home located on different premises where more than one home is operated under the same governing body. When a home operates as distinct parts, then a permit shall be required for each distinct part.(8) Each home shall be in compliance with O.C.G.A. § 26-2-370et seq. entitled "Food Service Establishments" and the Rules and Regulations as adopted and promulgated thereunder, entitled "Rules and Regulations for Food Service" and with any amendment to the law or rules promulgated thereunder.Ga. Comp. R. & Regs. R. 111-8-47-.20
Ga. L. 1964, pp. 507, 612, as amended by Ga. L. 1969, p. 715 et seq., Ga. L. 1972, p. 1015 et seq., O.C.G.A.§§ 26-2-370et seq., 31-2-4et seq., 31-7-1et seq., 31-2A-2et seq.
Original Rule entitled "Permits" adopted. F. Jan. 27, 2017; eff. Feb. 16, 2017.