One Click Case Law for § 33-45-1
O.C.G.A. § 33-44-9 <-- --> O.C.G.A. §33-45-10

2010 Georgia Code

TITLE 33 - INSURANCE

CHAPTER 45 - CONTINUING CARE PROVIDERS AND FACILITIES
§ 33-45-1 - Definitions

O.C.G.A. 33-45-1 (2010)
33-45-1. Definitions


As used in this chapter, the term:

(1) "Continuing care" or "care" means furnishing pursuant to an agreement shelter, food, and either nursing care or personal services, whether such nursing care or personal services are provided in the facility or in another setting designated by the agreement for continuing care, to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee. Other personal services provided shall be designated in the continuing care agreement. Agreements to provide continuing care include agreements to provide care for any duration, including agreements that are terminable by either party.

(2) "Entrance fee" means an initial or deferred payment of a sum of money or property made as full or partial payment to assure the resident a place in a facility. An accommodation fee, admission fee, or other fee of similar form and application shall be considered to be an entrance fee.

(3) "Facility" means a place in which it is undertaken to provide continuing care.

(4) "Licensed" means that the provider has obtained a certificate of authority from the department.

(5) "Personal services" means, but is not limited to, such services as: individual assistance with eating, bathing, grooming, dressing, ambulation, and housekeeping; supervision of self-administered medication; arrangement for or provision of social and leisure services; arrangement for appropriate medical, dental, nursing, or mental health services; and other similar services which the department may define. "Personal services" shall not be construed to mean the provision of medical, nursing, dental, or mental health services by the staff of a facility.

(6) "Provider" means the owner or operator, whether a natural person, partnership, or other unincorporated association, however organized, trust, or corporation, of an institution, building, residence, or other place, whether operated for profit or not, which owner or operator undertakes to provide continuing care for a fixed or variable fee, or for any other remuneration of any type, whether fixed or variable, for the period of care, payable in a lump sum or lump sum and monthly maintenance charges or in installments.

(7) "Resident" means a purchaser of or a nominee of or a subscriber to a continuing care agreement. Such an agreement may not be construed to give the resident a part ownership of the facility in which the resident is to reside unless expressly provided for in the agreement.