Current through Rules and Regulations filed through September 23, 2024
(1) Unless exempted in section 111-8-1-.03, no person, partnership, entity, corporation, or association, whether operated for profit or not for profit, shall operate an adult day center without first obtaining a valid license from the Department.
(2) A license issued under these rules shall not be assignable or transferable.
(3) Unless exempted in section 111-8-1-.03, no entity or person shall use terms in its business name or marketing materials to imply or indicate that it is an adult day center unless the entity or person holds a valid license issued by the Department.
(4) A separate application and license is required for each adult day center.
(5) During the application process, the governing body shall provide the following:
(a) A completed application for a license on forms provided by the Department.
(b) An application and license fee as approved by the Board of Community Health based upon the type of services provided;
(c) Proof of the legal right to occupy the property where the adult day center is housed;
1. Proof of ownership or right of occupancy may include a warranty deed, lease agreement or bill of sale; or
2. Written permission from the owner of the premises authorizing the adult day center to operate exclusively within a designated space is permissible where the adult day center provides services in a donated space or does not own or lease the premises where services are provided;
(d) A floor sketch of the facility showing windows, doors, room measurements, and the location of the adult day center facilities and any other services provided on the premises;
(e) A completed affidavit of personal identification;
(f) In the case of corporations, partnerships, and other entities authorized by law, the applicant shall provide a copy of its certificate of incorporation or other acceptable proof of its legal existence and authority to transact business within the State of Georgia;
(g) Documentation from the local authority having jurisdiction over fire safety or by the State Fire Marshal that the center is in compliance with all applicable fire safety regulations. Such documentation shall be dated within the six (6) months preceding the date of the application;
(h) Documentation of approval for water source and sewage disposal system from the local authority for water and/or sewage;
(i) Documentation from local zoning authorities that the center is in compliance with local zoning codes;
(j) A list of the locations of any additional adult day centers operated by the governing body;
(k) If vehicle transportation services are provided by the center, the center shall submit the following:
1. Proof of insurance coverage for property damage, uninsured motorists and bodily injury for the vehicle which transports participants; and
2. Proof of current vehicle registration.
(l) For a mobile adult day center, a list of all locations where services are provided. If the mobile adult day center provider also operates a standard freestanding adult day center, the name and address of that center shall also be included on the application.
(6) Local zoning and other local requirements regarding the proper location and establishment of adult day centers must be addressed by the applicant with the responsible local officials.
(7) All adult day centers which are required to be licensed and operating as of the effective date of these rules shall make application to the Department for a license within 90 days of the initial effective date of these rules. Such centers may continue to operate without disruption until such time as the Department has made a determination of compliance or noncompliance with these rules and regulations.
(8) A license shall be issued to the governing body of the adult day center disclosed in the application for licensure and proof of ownership documents.
(9) The adult day center shall annually submit a license renewal fee in the amount approved by the Board of Community Health.
(10) Knowingly making any verbal or written false statement of material fact in connection with the application for a license or supplying false or misleading information shall constitute grounds for denial or revocation of a license.
(11)
Fees. The Department shall require the payment of application fees, license fees, license renewal fees or other similar fees relating to the licensure of adult day centers in amounts approved by the Board of Community Health. Fees are nonrefundable except as provided in Chapter 111-8-25.
(12) All application fees and license fees shall be submitted and made payable to the Department of Community Health.
(13)
Mobile adult day centers.
(a) Each license issued to a mobile adult day center shall enable the licensee to provide services at no more than five (5) off-site locations.
(b) Each off-site location where the mobile adult day center provides services must be listed on the mobile adult day center's application for a license.
(c) If an applicant proposes to operate a regular adult day center as well as a mobile adult day center, there shall be a separate license fee for each type of center.
(d) Providers applying for operation of a mobile adult day center shall demonstrate compliance with all rules and regulations applicable to the types of services provided.
(e) All off-site facilities used by mobile adult day center providers shall be in compliance with all applicable regulations for physical plant and safety standards as indicated in section 111-8-1-.10 and the fire safety standards set forth in 111-8-1-.09.
(14) Following evidence of substantial compliance with these rules and regulations and any provisions of law applicable to the operation of the adult day center, the Department may issue a license.
O.C.G.A. §
49-6-83.
