Rule 82-14-1-.07. Surveys, Investigations and Corrective Action Plans

Rule 82-14-1-.07. Surveys, Investigations and Corrective Action Plans

1. (1) Authority to Inspect. The Department is authorized to conduct an survey to determine whether a facility is operating in compliance with licensing requirements or has violated any licensing requirements. Such surveys may be initiated at any time, in the discretion of the Department, and may continue during the pendency of any action initiated by the Department.
2. (2) Authority to Investigate. Where the Department determines that a rule violation related to a complaint or a reportable incident may have occurred, the Department may initiate an investigation. Such investigations may be initiated at any time, in the discretion of the Department, and may continue during the pendency of any action initiated by the Department.
3. (3) Consent to Entry and Access. An application for a license or the issuance of the same by the Department constitutes consent by the applicant or licensee and the owner of the premises for the Department's representatives, after displaying identification to any facility staff, to enter the facility for the purpose of conducting an investigation or an survey. Department representatives shall be allowed, without delay, reasonable and meaningful access to the facility's premises, and information pertinent to licensure including staff and persons in care. The Department shall have the authority to require the production of any documents related to the initial and continued licensing of any facility.
4. (4) Cooperation with Survey. Facility staff shall cooperate with any survey or investigation conducted by the Department and shall provide, without unreasonable delay, any documents which the Department is entitled hereunder.

5. (5) Assessment of Expenses. Pursuant to the survey, investigation, and enforcement powers given to the Department by O.C.G.A. § 37-2-72 and other applicable laws, and the provisions of this Chapter, the Department may assess against a facility reasonable and necessary expenses incurred by the Department pursuant to any administrative or legal actions required by the failure of a facility to fully comply with licensing requirements. Such expenses may be assessed only pursuant to the initiation of sanction actions under this Chapter and may only be collected if such actions result in final adverse findings. A facility shall be notified of the Department's action to assess expenses when the Department sends a facility a notice of the sanction. If the sanction is appealed, the assessment may become an issue for consideration by the hearing examiner at any hearing held on the sanction.

   1. (a) Reasonable and Necessary Expenses. Reasonable and necessary expenses, as used in this subparagraph, shall include, but not necessarily be limited to: hourly compensation of Department representatives, commuting expenses (including mileage at the current state reimbursement rate), and lodging and meal expenses (at the rate approved for reimbursement by the state) associated with overnight out-of-town travel; and other similar costs. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed actual expenses, and shall be made only if surveys, investigations, or enforcement actions result in final adverse findings.
   2. (b) Payment of Assessed Expenses. Expenses assessed against a facility shall be paid within thirty (30) days of receipt of a statement of expenses. In response to an assessment, a facility may request that the Department reduce the assessment or agree to a payment plan if full payment within thirty (30) days would cause significant financial hardship that would compromise its ability to provide care or services in compliance with licensing requirements. The issue of significant financial hardship caused by the assessment may become an issue for consideration by the hearing examiner at any hearing held on the sanction.
6. (6) Violations Report. The outcome of the investigation/survey shall be provided by the Department to the facility after the investigation/survey is completed; provided however, that the names and identifying information regarding the complainants are classified as confidential. Nothing in this rule shall be construed to require the Department to release the name or identifying information regarding a complainant without first obtaining proper authorization from such complainant. Nor shall this rule be construed to require the Department to release any other confidential or privileged information without first obtaining proper authorization.

7. (7) Corrective Action Plan. The facility shall develop a corrective action plan within fifteen (15) days of a written report of violations.

   1. (a) If the initial corrective action plan is unacceptable to the Department, the facility will be provided with at least one (1) opportunity to revise the unacceptable corrective action plan.
   2. (b) The facility shall comply with the corrective action plan accepted by the Department.
   3. (c) Where the Department determines that the facility either has not filed an acceptable corrective action plan or has not complied with the accepted corrective action plan, the Department may initiate one or more sanctions as described in Rule 82-14-.06 ("Sanctions).
   4. (d) The Department may require the provider to develop an "internal corrective action plan" which does not need to be submitted to the Department, except at the request of the Department. The "internal corrective action plan" must meet all other requirements of a corrective action plan.
8. (8) Violations Dispute. The facility may offer an explanation for or dispute the Department's findings of a violation s of licensing rules within ten (10) days of an survey or investigation report showing such finding(s). When the Department transmits the survey or investigation report to the facility, the Department shall include instructions for how such an explanation or dispute can be made, and the facility must make such explanation or dispute as directed in those instructions. At a minimum, the instructions must include directions on how the facility can initiate an administrative action (as defined in Rule 82-14-1-.03, "Definitions"); provided, however, that the Department may (but is not required to) provide for a prior process of administrative review by the Department before the matter is ripe for administrative action before agencies or courts outside the Department.

Authority: O.C.G.A. §§ 26-5-6, 26-5-43, 37-2-72, 37-3-205, 37-13-2.

History. Original rule entitled "Surveys, Investigations and Corrective Action Plans" adopted. F. May 15, 2026; eff. June 4, 2026.