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SB 139 - Mental Hlth.Serv.Bds. - no actions against employee making complaints

Madden, Eddie M (47th)

Status Summary	SC:	H&HS	HC:	H&E	FR:	02/10/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A bill to amend Code Section 37-2-6 of the Official Code of Georgia Annotated, relating to community mental health, mental retardation, and substance abuse boards, so as to provide that no officer of a community service board shall take any action against an employee who makes a complaint to the board or to a member of the General Assembly concerning any fraud, waste, or abuse relating to the board's operation.

SB 139 99                                            BS139/AP 
 
      SENATE BILL 139 
 
      By:  Senator Madden of the 47th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 1 of Chapter 2 of Title 37 of the Official 
  1- 2  Code of Georgia Annotated, relating to general provisions 
  1- 3  applicable to the administration of mental health, mental 
  1- 4  retardation, substance abuse, and other disability services, 
  1- 5  so as to provide for guidelines for planning lists for the 
  1- 6  provision of certain disability services, when such services 
  1- 7  are not available at the time of the request; to provide for 
  1- 8  guidelines for a registry of persons who have been diagnosed 
  1- 9  with certain disabilities but have not yet requested 
  1-10  services; to provide that no officer of a community service 
  1-11  board shall take any action against an employee who makes a 
  1-12  complaint to the board or to a member of the General 
  1-13  Assembly concerning any fraud, waste, or abuse relating to 
  1-14  the board's operation; to provide effective dates; to repeal 
  1-15  conflicting laws; and for other purposes. 
 
  1-16       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-17                           SECTION 1. 
 
  1-18  Article 1 of Chapter 2 of Title 37 of the Official Code of 
  1-19  Georgia Annotated, relating to general provisions applicable 
  1-20  to the administration of mental health, mental retardation, 
  1-21  substance abuse, and other disability services, is amended 
  1-22  by adding at the end of Code Section 37-2-6, relating to 
  1-23  community mental health, mental retardation, and substance 
  1-24  abuse boards, a new subsection (j) to read as follows: 
 
  1-25    "(j) No officer or employee of such board who has 
  1-26    authority to take, direct others to take, recommend, or 
  1-27    approve any personnel action shall take or threaten action 
  1-28    against any employee of a community service board as a 
  1-29    reprisal for making a complaint or disclosing information 
  1-30    concerning the possible existence of any activity 
  1-31    constituting fraud, waste, or abuse in or relating to the 
  1-32    programs, operations, or client services of the board to 
  1-33    the board  or to a member of the General Assembly unless 
  1-34    the complaint was made or the information was disclosed 
  1-35    with the knowledge that it was false or with willful 
 
 
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  2- 1    disregard for its truth or falsity.  Any action taken in 
  2- 2    violation of this subsection shall give the public 
  2- 3    employee a right to have such action set aside in a 
  2- 4    proceeding instituted in the superior court." 
 
  2- 5                           SECTION 2. 
 
  2- 6  Said article is further amended by adding in Code Section 
  2- 7  37-2-7, relating to the state plan for disability services, 
  2- 8  a new subsection (b.1) to read as follows: 
 
  2- 9      "(b.1)(1) The plan shall include state-wide guidelines 
  2-10      for short-term and long-term planning lists for the 
  2-11      provision of requested disability services for persons 
  2-12      whose disability is mental retardation or another 
  2-13      neurologically disabling condition which requires 
  2-14      treatment similar to that for the mentally retarded, 
  2-15      when such services are not available at the time of such 
  2-16      request.  The guidelines shall provide for the 
  2-17      commencement of services, as soon as practicable but no 
  2-18      later than 180 days following a request, to such persons 
  2-19      who are placed on a short-term planning list.  The 
  2-20      guidelines shall also include criteria under which a 
  2-21      person named on a planning list may obtain priority to 
  2-22      receive the requested services when they become 
  2-23      available and under which such persons not named on a 
  2-24      planning list may receive requested services in 
  2-25      emergencies. 
 
  2-26      (2) The plan shall include state-wide guidelines for a 
  2-27      registry of persons who have been diagnosed with mental 
  2-28      retardation or another neurologically disabling 
  2-29      condition which requires treatment similar to that for 
  2-30      the mentally retarded and wish to make such diagnosis 
  2-31      known to the division and regional boards, but who have 
  2-32      not yet requested disability services." 
 
  2-33                           SECTION 3. 
 
  2-34  Section 2 of this Act shall become effective only when funds 
  2-35  are specifically appropriated for the purposes of Section 2 
  2-36  of this Act in an appropriations Act making specific 
  2-37  reference to Section 2 of this Act. The remaining provisions 
  2-38  of this Act shall become effective July 1, 1999. 
 
  2-39                           SECTION 4. 
 
  2-40  All laws and parts of laws in conflict with this Act are 
  2-41  repealed. 
 
 
 
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