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Subject 290-1-7 RULES FOR DETERMINING YEAR 2000 READINESS

Rule 290-1-7-.01 Legal Authority

These rules are adopted and published pursuant to the Official Code of Georgia Annotated (O.C.G.A.) Sections 50-32-1 through 50-32-6 and 31-7-1.

Rule 290-1-7-.02 Title and Purpose

These rules shall be known as the Rules for Determining Year 2000 Readiness. The purpose of these rules is to give certain licensed institutions information about the Year 2000 readiness reporting requirements these institutions will have to meet.

Rule 290-1-7-.03 Definitions

In these rules, certain words have the following technical or special meanings:

(a) "Department" means the Georgia Department of Human Resources.
(b) "Emergency Medical Services and Ambulance Services" means those providers of emergency care and transportation which are licensed or approved by the Georgia Department of Human Resources.
(c) "Essential Service" means any service provided by a licensed institution, private home care provider, x-ray user, licensed child care center serving medically fragile children or end stage renal disease center inspected by the Georgia Department of Human Resources wherein the loss or interruption of the service directly threatens the health, safety or economic well-being of the persons receiving such services.
(d) "Facilities That Provide Essential Services" means ambulatory surgical treatment centers, child care centers serving medically fragile children, clinical laboratories, emergency medical services and ambulance services, end stage renal disease centers, intermediate care facilities for the mentally retarded, health maintenance organizations, hospices and private home care providers which are providing essential services as defined in these rules.
(e) "Institution" means any of the following kinds of facilities that are licensed by the Georgia Department of Human Resources: abortion facilities, ambulatory surgical treatment centers, birthing centers, hospitals, nursing homes or personal care homes.
(f) "Non-compliant equipment" means all equipment used by the licensed or regulated entity to deliver essential services which uses computer software or hardware or embedded computer microchips which is determined to be not Year 2000 compliant.
(g) "Private home care provider" means a provider of specialized private home care services licensed by the Georgia Department of Human Resources. The specialized services include the use of medical equipment which relies on computer software or hardware or has embedded computer microchips.
(h) "Year 2000" means the calendar year commencing immediately after the hour of 12:00 Midnight of December 31, 1999.
(i) "Year 2000 compliance" or "Year 2000 compliant" means that the software, application, hardware, firmware, equipment, embedded chip, or other applicable item which is represented to be Year 2000 compliant. The item:
1. Is able, without delay, error, invalid or incorrect results, premature endings or interruption, to consistently and correctly recognize, handle, accept, sort, manipulate, calculate, display, store, retrieve, access, compare, and process date, year, and time data and information before, between, during and after January 1, 1999, January 1, 2000, February 29, 2000, March 1, 2000, and any other date after December 31, 1999 (all of the foregoing being collectively defined as the 'relevant dates'), including, but not limited to, accepting any date, year, or time data and performing calculations or other operations or functions on dates, years, or times or portions of dates, years or times, without delay, error, invalid or incorrect results, premature endings, or interruptions;
2. Before, between, during, and after any of the relevant dates, functions accurately in accordance with any applicable specifications or documentation and without delay, interruption, premature endings, error, invalid or incorrect results, or changes in operations associated with the occurrence of any of the relevant dates or the advent of any new century, year, leap year, or any other date, year or time related matter;
3. Consistently and accurately responds to, stores, and provides output of two-digit year data or six-digit date data and properly resolves any ambiguity as to century or year;
4. Will not be adversely affected in any manner by the advent of the Year 2000 or the passing or transition of any year, century, or other relevant date;
5. Has been designed to accommodate same century and multicentury formulas and date values and date data interface values that reflect the century; and
6. Consistently, correctly, accurately, unambiguously, and without delay, error, invalid or incorrect results, premature endings or interruption receives, provides, processes, and interfaces date, year, and time data between all items and all other software, applications, hardware, firmware, equipment, embedded chip, or other applicable items.

Rule 290-1-7-.04 Year 2000 Readiness

(1) All facilities providing essential services are required to determine whether they have any Year 2000 non-compliant equipment which is used in the delivery of essential services before September 9, 1999.
(2) Facilities which determine that their provision of essential services would be disrupted by the use of non-compliant equipment must remedy the non-compliance in at least one of the following ways:
(a) Replace non-compliant equipment with Year 2000 compliant equipment.
(b) Fix or remediate non-compliant equipment so that it is Year 2000 compliant.
(c) Retire non-compliant equipment and use alternative methods to deliver essential services without disruption.
(3) All facilities providing essential services shall respond truthfully under affidavit to Year 2000 readiness status surveys provided to them by the Department no later than 30 days after receipt.
(4) All facilities providing essential services are required to update the Year 2000 readiness surveys filed with the Department as directed by the Department after the initial filing or whenever there is a substantial change in the information provided in response to the Year 2000 readiness survey.
(5) The Department may audit any facility providing essential services for all matters related to Year 2000 compliance and contingency planning. Each facility must produce all requested materials and personnel, or in case of personal emergencies, reasonable substitute personnel when given 30 days notice by the Department.

Rule 290-1-7-.05 Contingency Plans

(1) Facilities must develop contingency plans for the provision of essential services using alternative methods in the event that there is a disruption in the supplies or services required by the facility to deliver essential services to the public.
(2) Facilities must make a copy of the contingency plan available to the Department upon request and provide a copy of the plan to the local emergency management agency upon request.

Rule 290-1-7-.06 Penalties

(1) The Department may impose an administrative fine of $1000 per day until the completed survey response is received on any facility providing essential services which fails to complete and return the Year 2000 Readiness survey within 30 days of the facility's receipt of the survey.
(2) The Department may impose an administrative fine of $1000 per day for failure of a facility providing essential services to submit timely and complete updates to the Year 2000 readiness survey.
(3) The Department may impose a civil penalty, not to exceed $10,000.00, against a facility providing essential services that experiences a failure of essential services due to the facility's failure to reasonably and appropriately plan for Year 2000 compliance.
(4) The Department must provide notice to the facility providing essential services of the Department's intent to impose an administrative fine and an opportunity for an administrative hearing.

Rule 290-1-7-.07 Severability

In the event that any rule, sentence, clause or phrase of any of these rules may be construed by any court of competent jurisdiction to be invalid, illegal, unconstitutional or otherwise unenforceable, such determination or adjunction shall in no manner affect the remaining rules or portions thereof. The remaining rules or portions thereof shall remain in full force and effect as if such rule or portions thereof so determined, declared or adjudicated invalid or unconstitutional were not originally part of these rules.