Carrying of Liability Insurance or Establishment of Self-Insurance Trust as Condition Precedent to Obtaining or Maintaining Permit

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. Carrying of Liability Insurance or Establishment of Self-Insurance Trust as Condition Precedent to Obtaining or Maintaining Permit

1. As used in this Code section, the term "nursing home claim" means a claim alleging direct or vicarious liability for the personal injury or death of one or more residents of a nursing home or intermediate care home or a violation of residents' rights at such home under Article 5 of Chapter 8 of this title.
2. 1. As a condition precedent to obtaining or maintaining a permit under this article to operate a nursing home or intermediate care home, a licensee shall 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.
   2. If a licensee 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 licensee of its noncompliance and allow such licensee 60 days in which to comply. A licensee's failure to maintain such coverage or establish such trust shall result in the department:
      1. Revoking such licensee's permit issued pursuant to this article to operate the nursing home or intermediate care home;
      2. Denying any application to renew such permit; and
      3. Denying any application for a change of ownership of the nursing home or intermediate care home.

(Code 1981, §31-7-3.4, enacted by Ga. L. 2016, p. 550, § 1/HB 920.)

Editor's notes.

- Ga. L. 2016, p. 550, § 2/HB 920, not codified by the General Assembly, makes this Code section appli- cable to any claim filed on or after July 1, 2016.

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