Long-Term Care Facilities — the Legal Basis of the Medical Component
Long-term care facilities — homes for the elderly, palliative care centres, rehabilitation institutions — include a medical component in their activity, and this component falls within the scope of the Law on Health Care. This page explains the legal basis of the medical side of long-term care services: how a medical facility and its functions — treatment, rehabilitation, palliative care — are defined, which documents the activity requires, and how the regulation of high-risk medical activity extends to such facilities.
Particular attention is given to the financial criteria: the law sets a minimum share for income from medical activity and for fixed assets, which is decisive for long-term care operators when modelling — the structure of beds, personnel and services must be planned precisely within these thresholds.
The Definition of a Medical Facility and Long-Term Care Functions
Under the law, a medical facility is a legal person of an organisational-legal form allowed by Georgian legislation carrying out medical activity in the prescribed manner. The list of functions directly covers the long-term care spectrum: determining the patient's state of health; prophylaxis and/or treatment of diseases; rehabilitation of patients; palliative care. This wording means that where a long-term care facility provides these services, it enters the legal regime of a medical facility — with all the attendant requirements.
The financial thresholds are likewise set by law: the share of income from medical activity in the facility's financial resources must be at least 75%, and at least 75% of the average annual value of the fixed assets on its balance must be earmarked for medical functions. Income from services performed remains wholly with the facility, and the remuneration fund must constitute at least 30% of the income — the last requirement matters especially for personnel working in long-term care.
Licence and Permit — When They Are Needed
In the sphere of medical activity, the document confirming the respective right — a licence and/or permit — is issued by the ministry. Carrying out activity subject to these documents under the legislation is impossible without them. Additionally, the list of health-care personnel entitled to employment and holding appropriate education is approved by the minister — who may work in the medical component of long-term care is thus determined centrally.
A long-term care operator must assess whether its specific services fall within the objects of licensing: where a facility provides only everyday care, the medical regime may not touch it; but once the determination of health status, treatment, rehabilitation or palliative care is added, the matter resolves differently — this boundary must be calculated separately for each service.
High-Risk Services and Supervision
Where a long-term care facility carries out high-risk medical activity on an outpatient or day-clinic basis, that activity is regulated by a technical regulation and subject to mandatory notification to the ministry. The list of such activities and the technical regulation — with requirements on equipment, instruments, hygienic conditions and medical documentation — are adopted by government decree.
Compliance is checked by selective control, three times a year. Where violations and danger appear, the ministry's competent body must, within 24 hours of the suspension decision, submit a motion to the court to confirm the suspension — failing which the decision is deemed revoked and the activity restored. After violations are eliminated, an on-site check follows within 5 working days upon application; a substantiated refusal can be appealed in court. Where the operator's licensing conditions already encompass the regulation's requirements and the activity is carried out at one factual address, it may operate without notification.
It is also noteworthy that the law obliges facilities to observe the standards, rules and norms established by the legislation regulating medical and pharmaceutical activity, and to ensure equal accessibility for persons with disabilities. The obligation to provide emergency medical care in the cases provided for by law is likewise envisaged — neglect of these requirements is as much a risk for a long-term care operator as a breach of licensing.
Frequently Asked Questions
Does the medical law govern long-term care?
Its medical component — yes: treatment, rehabilitation and palliative care are listed among the functions of a medical facility, and a provider of these services enters the respective regime.
What financial criteria apply to the facility?
At least a 75% share of medical activity in income and fixed assets; the remuneration fund at least 30% of income.
Does a long-term care facility need a licence?
Where it carries out medical activity subject to a licence/permit — yes; the document is issued by the ministry, and the activity is impossible without it.
What happens on violation of the high-risk regulation?
The activity may be fully or partially suspended; the suspension holds only if the body applies to the court within 24 hours.
Who may be employed in the medical component?
Health-care personnel included in the list of employment rights and appropriate education approved by the minister.
How We Help on Legal.ge
The Legal.ge team assists operators of long-term care facilities: assessing the medical component of services and the need for licensing, preparing documentation and notifications for the ministry, arranging compliance with the financial criteria, and protecting interests in relations with supervisory authorities. Contact us for a full legal assessment of your facility.