Notice of Cited Deficiency and Imposition of Sanction

  1. Law
  2. Georgia Code
  3. Health
  4. Regulation and Construction of Hospitals and Other Health Care Facilities
  5. Regulation of Hospitals and Related Institutions
  6. Notice of Cited Deficiency and Imposition of Sanction

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  1. A personal care home, assisted living community, nursing home, or intermediate care home licensed under this article shall give notice in the event that such facility has been cited by the department for any deficiency for which the facility has received notice of the imposition of any sanction available under federal or state laws or regulations, except where a plan of correction is the only sanction to be imposed.
  2. A notice required under subsection (a) of this Code section shall be of a size and format prescribed by the department and shall contain the following:
    1. A list of each cited deficiency which has resulted in the notice being required;
    2. A description of any actions taken by or of any notices of intent to take action issued by federal or state entities as a result of such cited deficiencies;
    3. The telephone numbers of the state and community long-term care ombudsman programs; and
    4. A statement that a copy of the notice may be obtained upon written request accompanied by a self-addressed stamped envelope.
  3. A notice required by subsection (a) of this Code section shall be posted at the facility giving the notice:
    1. In an area readily accessible and continuously visible to the facility's residents and their representatives;
    2. Within 14 days after the facility receives notification of imposition of a sanction for a cited deficiency which requires the notice; and
    3. Until the department has determined such cited deficiencies no longer exist, at which time the notice may be removed.
  4. In addition to the posted notice required by subsection (c) of this Code section, a notice, containing the information set forth in subsection (b) of this Code section, shall also be provided by the facility upon written request.The facility shall be responsible for mailing a copy of such notice when the written request is accompanied by a postage paid self-addressed envelope.
  5. Each applicant to a facility shall receive upon written request with his application a copy of the most recent notice which has been distributed pursuant to this subsection.The facility may inform the applicant of any corrective actions taken in response to the cited deficiencies contained in such notice.
  6. In the event that the facility previously has been required to have posted or provided notice of the same cited deficiency arising from the same act, occurrence, or omission, this Code section should not be construed to require the facility to post or provide duplicate notice of such cited deficiency so long as the notice is made in a manner consistent with subsections (b) and (c) of this Code section.
  7. In the case of a violation of this Code section, the department may impose administrative sanctions as otherwise provided by law in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
  8. The department may promulgate rules and regulations to implement the provisions of this Code section.
  9. No violation of any regulation promulgated pursuant to the federal Nursing Home Reform Act, 42 U.S.C. Sections 1396r and 1395i-3, or any regulation included in Ga. Comp. R. & Regs. 111-8-50 or 111-8-56 or the successor of such regulations as they existed on May 12, 2015, shall constitute negligence per se; provided, however, that the court in any civil action shall take judicial notice of these regulations and admit them into evidence if found to be relevant to the harm alleged in the complaint. Nothing in this subsection shall abrogate any express cause of action authorized under law or be construed to amend or repeal any provision of the "Bill of Rights for Residents of Long-term Care Facilities" in Article 5 of Chapter 8 of this title.
    1. The results or findings of a federal or state survey or inspection of a nursing home facility, including any statement of deficiencies or reports, shall not be used or referenced in an advertisement or solicitation by any person or any entity, unless the advertisement or solicitation includes all of the following:
      1. The date the survey was conducted;
      2. A statement that the Department of Community Health conducts a survey of all nursing home facilities at least once every 15 months;
      3. If a finding or deficiency cited in the statement of deficiencies has been substantially corrected, a statement that the finding or deficiency has been substantially corrected and the date that the finding or deficiency was substantially corrected;
      4. The number of findings and deficiencies cited in the statement of deficiencies on the basis of the survey and a disclosure of the severity level for each finding and deficiency;
      5. The average number of findings and deficiencies cited in statements of deficiencies on the basis of surveys conducted by the department during the same calendar year as the survey used in the advertisement;
      6. A disclosure of whether each finding or deficiency caused actual bodily harm to any residents and the number of residents harmed thereby; and
      7. A statement that the advertisement is neither authorized nor endorsed by any government agency.
    2. In addition to any other remedies and damages allowed by law, a party found to have violated paragraph (1) of this subsection shall be liable for attorney fees and expenses of litigation incurred in an action to restrain or enjoin such violation; provided, however, that damages, attorney fees, and expenses of litigation shall not be recoverable against any newspaper, news outlet, or broadcaster publishing an advertisement or solicitation submitted by a third party for a fee.

(Code 1981, §31-7-3.2, enacted by Ga. L. 1991, p. 1603, § 2; Ga. L. 2015, p. 1315, § 1/HB 342; Ga. L. 2016, p. 864, § 31/HB 737; Ga. L. 2020, p. 95, § 4/HB 987.)

The 2020 amendment, effective June 30, 2020, added "personal care home, assisted living community" and inserted a comma after nursing home near the beginning of subsection (a).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2015, "May 12, 2015" was substituted for "the effective date of this subsection" in the first sentence of subsection (i).

Editor's notes.

- Ga. L. 2015, p. 1315, § 2/HB 342, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all causes of actions arising on and after such date."

Law reviews.

- For annual survey on trial practice and procedure, see 67 Mercer L. Rev. 257 (2015). For note on 1991 enactment of this Code section, see 8 Ga. St. U. L. Rev. 74 (1992).

JUDICIAL DECISIONS

Anti-SLAPP suit involving nursing homes.

- In a suit involving ads placed by a lawyer challenging nursing home standards, the Supreme Court of Georgia held the trial court overlooked certain preliminary questions as the court did not properly apply the required two step analysis under the anti-SLAPP statute, O.C.G.A. § 9-11-11.1, with respect to the plaintiffs' claims as there was no discussion or analysis of whether the plaintiffs had stated and substantiated a legally sufficient claim for the violations of the statutes. Wilkes & McHugh, P.A. v. LTC Consulting, L.P., 306 Ga. 252, 830 S.E.2d 119 (2019).


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