Compilation of Rules and Regulations of the State of Georgia
Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH
Chapter 111-8 - HEALTHCARE FACILITY REGULATION
Subject 111-8-37 - RULE AND REGULATIONS FOR HOSPICES
Rule 111-8-37-.04 - Licensure Procedures

Universal Citation: GA Rules and Regs r 111-8-37-.04

Current through Rules and Regulations filed through September 23, 2024

(1) Operating, establishing or maintaining a hospice in the State of Georgia without first obtaining a valid license from the Department is prohibited.

(2) Use of the term "hospice" to imply or indicate that a person or entity is providing hospice services to patients and their families unless the person or entity holds a valid license to provide hospice care is prohibited.

(3) A governing body desiring to operate a hospice must file with the Department an initial application on forms prescribed and made available by the Department. The application must be complete, accurate, and signed by the hospice administrator or the executive officer of the hospice's governing body and must include:

(a) The applicant's name, address, phone number, and business e-mail address for receiving inspection reports and communications concerning the license from the Department.

(b) Proof of ownership. In the case of corporations, partnerships, and other entities authorized by law, the applicant must provide a copy of its certificate of incorporation or other acceptable proof of its legal existence and authority to transact business within the state;

(c) A list of counties proposed to be served by the hospice; and

(d) A list of the locations of any additional hospice care facilities operated by the hospice on separate premises, as applicable, and the number of beds at such facilities.

(4) Knowingly supplying materially false, incomplete, or misleading information is grounds for denial or revocation of a license.

(5) Following evidence of substantial compliance with these rules and regulations and any provisions of law as applicable to the construction and operation of the hospice, the Department may issue a license to provide hospice services primarily to terminally ill patients in their own homes.

(6) An initial license may be issued for a period of six months to allow a new hospice to demonstrate its ability to comply with these rules and regulations. After becoming fully operational and demonstrating substantial compliance with the rules and regulations, the hospice shall become eligible for a regular license.

(7) Inpatient and residential services and palliative care services are not eligible to be licensed separately from hospice home care services.

(8) The license must be displayed in a prominent place in the hospice's administrative offices.

(9) Licenses are not transferable from one governing body to another or from one hospice location to another.

(10) Each planned change of ownership or lease or change of location must be disclosed to the Department at least 30 days prior to such change by submitting an application and the required fees from the proposed new owners or lessees for a new license.

(11) Changes in the hospice that require the submission of a new application and the issuance of a new license include a change in name, the addition of another service location, a change in the number of licensed beds if residential services are provided or a change in the scope of services provided. The new application that reflects the proposed change must be filed at least 30 days prior to the proposed change. Hospices licensed before the effective date of these rules desiring to change their scope of service solely to include palliative care to patients with advanced and progressive diseases who are not terminally ill, will not be required to pay an application change processing fee to add palliative care if the Department receives the palliative care change request within 180 days of these rules taking effect.

(12) A license is no longer valid and must be returned to the Department when the hospice ceases to operate, changes locations, is issued a new license or the license is suspended or revoked. The facility must notify referring individuals and entities of the closure and patients' families regarding the location of medical records.

(13) Temporary Inactive Status. If the hospice is closing for a period of less than 12 months, and plans to reopen under the same ownership, governing body, and name, the hospice may request to have the license placed on temporary inactive status. The hospice must submit its request in writing and provide a written plan for notifying referring individuals and entities of the closure and patients' families regarding the location of medical records.

(a) When placed on temporary inactive status, the license must be returned to the Department within 10 days of closure and the hospice must not operate until the license has been reactivated.

(b) The hospice must request in writing that the permit be reactivated at least 30 days prior to the desired date of reopening. Prior to reactivation of the license, the hospice may be subject to inspection by the Department. If the license is not reactivated within 12 months, the license is void.

(14) Multiple Hospice Locations. Separate applications and licenses are required for hospices operated at separate locations; however, the Department has the option of approving a single license for multiple hospice locations based on evidence that the hospice meets all of the following requirements:

(a) All locations are owned and operated by the same governing body and conduct business under the same set of by-laws and the same trade name;

(b) Each location is responsible to the same governing body and central administration managed together under the same set of policies and procedures;

(c) The governing body and central administration demonstrate the capacity to adequately manage all locations and ensure the quality of care at all locations as evidenced by a prior history of satisfactory compliance with hospice regulations and appropriate staffing;

(d) Supervision and oversight at additional locations is sufficient to ensure that hospice care and services meet the needs of patients and the patients' family units;

(e) The medical director assumes responsibility for the medical component of the hospice's patient care at all locations;

(f) Additional locations provide the same full range of services and the same level and quality of care including timely responses, that is provided by the primary location;

(g) Each patient is assigned to a specific hospice care team responsible for ongoing assessment, planning, monitoring, coordination, and provision of care, which has ready access to the patient's clinical record;

(h) All hospice patients' clinical records that are requested by the Department at the time of inspection must be available at the hospice's primary location; and

(i) All locations maintain the same Medicare provider number, as applicable.

(15) Hospice Care Facilities. Hospices desiring to provide facilities for residential and/or acute inpatient hospice services as a part of the licensed hospice must submit an application to the Department requesting a change in service level. The Department will not approve the change in service level that includes residential and/or inpatient hospice services, unless the hospice:

(a) Is licensed and in substantial compliance with these rules and regulations that apply to home care hospice services;

(b) Submits a copy of the certificate of occupancy issued by local building officials for the facility or unit;

(c) submits evidence of compliance with the applicable provisions of the Life Safety Code®, as enforced by the state fire marshal;

(d) Provides evidence to the Department of compliance or ability to comply with all the applicable requirements of paragraph (14) of this rule relating to multiple hospice locations; and

(e) Demonstrates substantial compliance with all the applicable requirements of Rule 111-8-37-.24, Hospice Care Facilities, as evidenced by an on-site inspection by the Department.

O.C.G.A. §§ 31-7-170et seq.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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