Personal Care Homes Exempt From CON Review

Assisted living facilities are licensed in Georgia as “personal care homes.” Until July 1, 2008, each personal care home in the state was required to file an extensive application and obtain a certificate of need (“CON”) from the Georgia Department of Community Health (“DCH”) if it had more than 25 beds. Senate Bill 433, which became effective July 1, 2008, extensively revised the CON program. Included within the revisions to the CON program is the addition of the clause “that is certified as a provider of medical assistance for Medicaid purposes . . .” to the definition of a “personal care home.” This means that a personal care home is no longer required to obtain a CON unless it seeks to become certified as a provider of medical assistance for Medicaid purposes.

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