Title 49, Chapter 6, Section 63
( 49-6-63)
(a) Each lead agency shall be responsible for the establishment of a
community care service system which shall have as its primary
purpose the prevention of unnecessary institutionalization of
functionally impaired elderly persons through the provision of
community-based services. Each community care service system shall
provide no fewer than six of the services listed in subsection (c)
of this Code section, four of which shall include case management,
assessment of functional impairment and needed community services,
homemaker, and home health care services. Case management services
shall be provided to each community care service recipient to ensure
that arrangements are made for appropriate services. If independent
living is no longer possible for a functionally impaired elderly
person, the case manager shall assist the person in locating the
most appropriate, least restrictive, and most cost beneficial
alternative living arrangement. (b) All existing community resources available to the functionally
impaired elderly person shall be coordinated into the community care
service system to provide a continuum of care to such persons. The
lead agency shall establish agreements, policies, and procedures for
service integration and referral mechanisms with such programs. (c) Services to be coordinated by the lead agency shall include,
without being limited to, the following: (1) Case management; (2) Assessment of functional impairment and needed community
services; (3) Homemaker services; (4) Home health care services; (5) In-home personal care services; (6) Adult day health services; (7) Adult day care; (8) Habilitation services; (9) Respite care; (10) Older Americans Act services, including transportation,
nutritional, social, and other services; (11) Title XX services; (12) Senior center services; (13) Protective services; (14) Financial assistance services, including, but not limited to,
food stamps, Medicaid, medicare, and Supplemental Security Income; (15) Health maintenance services; and
(16) Other community services. (d) Priority in provision of community care services shall be given
to those individuals who have been certified for skilled or
intermediate institutional nursing care service benefits conferred
by the "Georgia Medical Assistance Act of 1977" and who need home
and community-based services in order to avoid institutionalization.
Services may be provided to other functionally impaired persons as
resources allow, as determined by the department. Priority in
provision of community care services to such other persons will be
based on economic, social, and medical needs. (e) All individuals seeking certification for benefits conferred by
the "Georgia Medical Assistance Act of 1977," as amended, to be used
to pay the cost of placement in a long-term care facility or
individuals who would be eligible for such benefits within 180 days
of nursing home admission, shall, as a precondition to that
certification, undergo evaluation by an assessment team designated
by the lead agency to determine if institutionalization can be
avoided by provision of more cost-effective community-based
services. If the individual being evaluated requires community-based
services which, over a 12 month period, would cost more than the
cost of care in a long-term care facility, then such community-based
services shall not be deemed cost effective. Such cost-effective
determination shall apply to each case management evaluation. The
assessment team shall, at a minimum, consist of a physician, a
registered nurse, and a social worker. Whenever possible, the
assessment team shall be responsible for the precertification for
nursing home placement and determination of the appropriate level of
care, as required by the State Plan for Medical Assistance, as
defined in the "Georgia Medical Assistance Act of 1977." (f) The decision of the assessment team shall be forwarded to the
agency designated in the State Plan for Medical Assistance, as
defined in the "Georgia Medical Assistance Act of 1977," as
responsible for the certification of benefits for individuals. If
the assessment team and the case manager have determined that an
individual could be better and more cost effectively served in the
community, said agency shall not certify said individual for skilled
or intermediate institutional nursing care service benefits until
the lead agency has informed that individual of the availability of
community-based services within the lead agency's geographic service
area and of the right of that individual to choose to receive those
services as an alternative to placement in a long-term care
facility. That individual shall advise the lead agency of that
individual's choice of service alternatives. If that individual is
otherwise eligible for those benefits for which certification is
sought, the agency responsible for certification of benefits shall
certify the individual either for placement in a long-term care
facility or for receiving community-based services, as the
individual advised the lead agency. The evaluation and
certification shall be completed in a timely manner. (g) The lead agency shall seek to utilize volunteers to provide
community services for functionally impaired elderly persons. The
department may provide appropriate insurance coverage to protect
volunteers from personal liability while acting within the scope of
their volunteer assignments in the community care service system.
Coverage may also include excess automobile liability protection. |