Personal Care Homes
When it becomes necessary to seek residential care for a loved one that cannot be provided at home, we want to seek out a reputable facility that is in compliance with applicable state laws. A “personal care home” is defined as a residence offering protective care and oversight of a person who needs a watchful environment but does not have an illness, injury or disability requiring chronic or convalescent care, such as medical or nursing services.
The Georgia Department of Human Services (DHS) has primary responsibility for the licensing of individuals and facilities providing personal care services and should be contacted regarding an operator you believe to be unauthorized to perform the services offered.
Please note that DHS may authorize certain services under a waiver, and a personal care home may advertise these as provided in O.C.G.A. Section 31-2-4(b). DHS also has the option of requiring personal care homes with two or three beds for non-family adults to comply with departmentally-devised standards and registration requirements in lieu of licensure [O.C.G.A. Section 31-7-12(b)].
It is, however, against the provisions of the Georgia Fair Business Practices Act [O.C.G.A. Section 10-1-393(b)(26)] for any facility not duly licensed or registered as a personal care home to advertise or solicit publicly for residents or referrals, whether formally or informally, or to provide personal care services or other unapproved services outside the scope of the above definition. A suspected violation of this law may be reported to the Governor's Office of Consumer Protection as well.