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P

ARTICIPATION

R

ESIDENT

B

ILL OF

R

IGHTS ENUMERATED RIGHTS

STATE SUMMARIES

Georgia

B. FREEDOMFROMABUSE & RESTRAINTS: Yes.

The right to

• Not be punished or harassed by the facility.

• Be free from mental, verbal, sexual, and physical abuse, neglect, and exploitation and to be free from actual or threatened physical or chemical restraints.

PRIVACY/CONFIDENTIALITY

C. PRIVACY: Yes.

The right to • Enjoy privacy.

• Be treated with respect and be given privacy in the provision of personal care. • Mail delivered unopened on the day delivered to the facility.

D. CONFIDENTIALITY: Yes.

The right to inspect his or her records on request.

GRIEVANCE

E. GRIEVANCE: No.

OTHER

F. ACCOMMODATIONOFINDIVIDUALNEEDS: Yes.

The right to

• Receive care and services which are adequate, appropriate, and compliant with federal/ state laws and regulations.

• Exercise constitutional rights.

• Choose activities and schedules consistent with the resident’s interests and assessments.

• Interact with members of the community.

• Make choices about aspects of his or her life in the home. • Not have religious beliefs or practices imposed.

• Discharge or transfer his or herself upon notification to the home.

G. PARTICIPATIONINGROUPSANDOTHERACTIVITIES: Yes.

The right to form a resident council and have a meeting in the home outside the presence of the owners, management, or staff members.

H. EXAMINATION OFSURVEY RESULTS: No. I. ACCESS AND VISITATION: Yes.

The right to

• Share a room with spouse if also a resident.

• Use, keep, and control his or her own personal property and possessions. • Access a telephone and to have a private telephone at his or her own expense. • Immediate access to residents by others who are visiting with the consent of the

resident.

• Access to the state long term care ombudsman program.

J. SERVICESINCLUDED IN MEDICARE OR MEDICAID PAYMENT: No. K. NOTIFICATION OF RIGHTS: No.

ENUMERATED RIGHTS

L. MANAGEPERSONALFINANCIALAFFAIRS: Yes.

The right to

• Manage his or her own financial affairs. • A personal needs allowance.

M. OTHER: No.

POSTED WITHIN FACILITY: No.

WITHIN RESIDENT’S CONTRACT: No.

PROVIDED AS SEPARATE WRITING: Yes.

Provided to the resident at the time of admission to the home.

ORAL EXPLANATION: No.

OTHER: No.

Does the state set guidelines for involuntary transfer and/or discharge? Yes, by regulation.

A. BEHAVIOR: Yes.

Resident’s continuing behavior or condition directly and substantially threatens the health, safety, and welfare of the resident or other residents.

B. HEALTH STATUS: Yes

Resident requires continuous medical or nursing care or resident’s needs cannot be met by the home.

C. NONPAYMENT: No. D. NONCOMPLIANCE: No.

E. FACILITY CEASES TO OPERATE: No. F. OTHER: No.

A. TIMING/DISTRIBUTION:

30-day notice to both the resident and the resident’s representative or legal surrogate except where immediate transfer is required.

B. CONTENTOFNOTIFICATION: Not specified. C. RELOCATIONASSISTANCE: Yes

Identify facility, provide copy of resident documentation, and, if immediate transfer, refund any security deposit.

A. WITHIN FACILITY: No.

But resident may file a grievance to administrator through the normal grievance process.

B. STATE AGENCY: No.

But the resident may file of grievance to the ombudsman or Department or request a hearing. METHOD(S) OF DISCLOSURE

T

RANSFER

&

D

ISCHARGE REASON(S) RESIDENT NOTIFICATION APPEAL RIGHTS ENUMERATED RIGHTS (CONT.)

STATE SUMMARIES

Georgia

Does the state require a written contract? Yes, by regulation. A written admission agreement between the governing body and the resident.

SERVICES & ASSOCIATED CHARGES

A. SERVICES & ASSOCIATED CHARGES: Yes.

A current statement of all fees and daily, weekly, or monthly charges.

B. ADDITIONAL SERVICES & ASSOCIATED CHARGES: Yes.

Any other services which are available on an additional fee basis.

RESIDENT RIGHTS: No.

CONTRACTMODIFICATION: Yes.

A 60-day notice provision for changes in charges or services.

TRANSFER, DISCHARGE, AND CONTRACT TERMINATION: No.

OTHER

A. GRIEVANCE PROCEDURE: No. B. MEDICATION POLICY: No.

C. RESIDENTNEEDS ASSESSMENT: Yes.

A provision for continuous assessment of the resident’s needs and referral for appropriate services or transfer/discharge.

D. SERVICES NOT AVAILABLE: No. E. STAFF: No.

F. REFUND POLICY: Yes.

A statement of the home’s refund policy when a resident is transferred/discharged.

G. OTHER: Yes.

• The resident’s authorization and consent to release medical information to the home as needed.

• Provision for transportation of residents for shopping, recreation, rehabilitation, and medical services.

• A statement that residents may not be required to perform services for the home except as Provided for in the admission agreement.

• A copy of the house rules. No.

Does state require the facility to have a grievance procedure for resident concerns? Yes.

For residents who believe his or her rights have been violated by a personal care home or its governing body, administrator, or employee(s).

FACILITY DISCRETION: No.

DISCLOSURE(S) REQUIRED INTHE CONTRACT PROVISIONS PROHIBITED

G

RIEVANCE

P

ROCEDURE

C

ONTRACT

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