The Georgia Department of Community Health (the Department) recently issued a Public Notice of Proposed Rule Changes regarding adult day care centers (ADCs). Although Georgia law currently requires ADCs to be licensed (see O.C.G.A. § 49-6-80 et. seq.), there has been no enforcement of such statutory requirements, and regulations have not previously been implemented due to budgetary constraints. Regulations proposed in 2007 (see GA. COMP. R. & REGS. 290-9-11-.01 et seq. (Proposed, Draft May 2008)) were not adopted. Accordingly, no state-issued license is currently required to operate an ADC in Georgia.

However, a change to the current landscape appears imminent. According to the Notice, the Department intends to adopt regulations for ADCs, Chapter 111-8-1, which will in effect enforce the ADC licensing requirements at O.C.G.A. § 49-6-80 et. seq. The regulations will outline the minimum requirements to obtain licensure, define applicable terms, set forth the center’s obligation to cooperate with Department inspections and complaint investigations, identify minimum staffing requirements, and establish participant rights and mandatory reporting requirements applicable to the center, among other requirements.

The Department is holding a public hearing to discuss the proposed regulations on October 30, 2014, at 1:00 pm at 2 Peachtree Street, N.W., Atlanta, Georgia 30303 in the 5th Floor Board Room. Comments from written and public testimony will be provided to the Board of Community Health prior to their next scheduled meeting following the hearing. The Department plans to present the regulations for final adoption to the Board of Community Health on November 13, 2014.