Georgia SB 456: Central Caregiver Registry; disabled persons to the registry; add

Bill Text

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Senate Bill 456
By: Senators Strickland of the 17th, Kirkpatrick of the 32nd, Watson of the 1st, Albers of the
56th, Harrell of the 40th and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 14A of Chapter 7 of Title 31 of the Official Code of Georgia Annotated,1
relating to the central caregiver registry, so as to add disabled persons to the registry; to2
provide for related matters; to provide an effective date; to repeal conflicting laws; and for3
other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Article 14A of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to7
the central caregiver registry, is amended by revising Code Section 31-7-380, relating to the8
purpose and intent of the caregiver registry, as follows:9
"31-7-380.10
The purpose of this article is to enable employers who are family members or guardians11
of elderly persons or disabled persons to obtain an employment eligibility determination12
from the department for applicants who are seeking to provide and employees who are13
providing personal care services to their family members or wards. It is the intent of the14
General Assembly to allow the department to establish and maintain a caregiver registry15
so as to provide such employers with access to employment eligibility determinations16
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conducted by the department in a similar manner as licensed facilities receive employment17
determinations as provided in Article 14 of this chapter."18
SECTION 2.19
Said article is further amended by revising Code Section 31-7-381, relating to definitions,20
as follows:21
"31-7-381.22
As used in this article, the term:23
(1) 'Applicant' means an individual applying to provide personal care services to an24
elderly person in a residence or location not licensed by the department.25
(2) 'Criminal background check' means a search of the criminal records maintained by26
Georgia Crime Information Center and the Federal Bureau of Investigation to determine27
whether an applicant or employee has a criminal record.28
(2.1) 'Disabled person' means an adult or child who is mentally or physically29
incapacitated, has Alzheimer's disease, or has dementia.30
(3) 'Elderly person' means an individual who is 65 years of age or older.31
(4) 'Employee' means any individual who is providing personal care services to an32
elderly person in a residence or location not licensed by the department.33
(5) 'Employer' means an individual who is considering an applicant or has hired an34
employee for a family member or ward or, if such individual is an elderly or disabled35
person, for himself or herself.36
(6) 'Family member' means an individual with a close familial relationship, including,37
but not limited to, a spouse, parent, sibling, or grandparent.38
(7) 'Personal care services' means home care, health care, companionship, or39
transportation and includes, but is not limited to, providing assistance with bathing,40
eating, dressing, walking, shopping, fixing meals, and housework.41
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(8) 'Registry check' means a review of the nurse aide registry provided for in Code42
Section 31-2-14, the state sexual offender registry, and the List of Excluded Individuals43
and Entities as authorized in Sections 1128 and 1156 of the federal Social Security Act,44
as it existed on February 1, 2018, or any other registry useful for the administration of45
this article as specified by rules of the department.46
(9) 'Ward' means an elder elderly or disabled person for whom a guardian has been47
appointed pursuant to Title 29."48
SECTION 3.49
All laws and parts of laws in conflict with this Act are repealed.50
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