2020 Georgia Code
Title 31 - Health
Chapter 7 - Regulation and Construction of Hospitals and Other Health Care Facilities
Article 1 - Regulation of Hospitals and Related Institutions
§ 31-7-3.4. 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.)

- 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.