09
HB 228/AP
House
Bill 228 (AS PASSED HOUSE AND SENATE)
By:
Representatives Butler of the
18th,
Harbin of the
118th,
Cole of the
125th,
Keen of the
179th,
Oliver of the
83rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend various titles of the Official Code of Georgia Annotated so as to
reorganize and reestablish various state health and human services agencies; to
reestablish the Department of Community Health; to establish the Department of
Human Services and the Department of Behavioral Health and Developmental
Disabilities; to reassign various functions to the new agencies; to provide for
transition to the new agencies; to provide for a board for each agency; to
reconstitute the Board of Community Health; to abolish the Board of Human
Resources; to establish the position of State Health Officer; to establish the
Behavioral Health Coordinating Council; to establish the Advisory Council for
Public Health; to establish the Public Health Commission; to provide for
inspection warrants for residential child care licensing; to revise a provision
in state health planning; to provide for criminal background checks for
employees of the Department of Behavioral Health and Developmental Disabilities;
to repeal the automatic sunset provision for the State Commission on Family
Violence; to amend various titles for purposes of conformity; to provide for
related matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
Department of Community Health.
Department of Community Health.
SECTION
1-1.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended by
revising and redesignating Chapter 5A, relating to the Department of Community
Health, and revising Chapter 2, relating to the Department of Human
Resources, as follows:
"CHAPTER
2
31-5A-1.
31-2-1.
Given
the growing concern and complexities of health issues in this state, it is the
intent of the General Assembly to create a Department of Community Health
dedicated to health issues.
Recognizing
that the manner in which health care is currently administered at the state
level is fragmented and often unresponsive to health care issues, the new
department is created for the following
purposes
The Department
of Community Health shall safeguard and promote the health of the people of this
state and is empowered to employ all legal means appropriate to that end.
Illustrating, without limiting, the foregoing grant of authority, the department
is empowered to:
(1)
To
serve
Serve
as the lead planning agency for all health issues in the state to remedy the
current situation wherein the responsibility for health care policy, purchasing,
planning, and regulation is spread among many different agencies;
(2)
To
permit
Permit
the state to maximize its purchasing power
and to
administer its operations in a manner so as to receive the maximum amount of
federal financial participation available in expenditures of the
department
inasmuch as
the state now has none of its health care purchasing
coordinated;
(3)
To
minimize
Minimize
duplication and maximize administrative efficiency in the state's health care
systems by removing overlapping functions and streamlining uncoordinated
programs;
(4)
To
allow
Allow
the state to develop a better health care infrastructure that is more responsive
to the consumers it serves while improving access to and coverage for health
care;
and
(5)
To
focus
Focus
more attention and departmental procedures on the issue of wellness, including
diet, exercise, and personal
responsibility;
(6)
Provide epidemiological investigations and laboratory facilities and services in
the detection and control of disease, disorders, and disabilities and to provide
research, conduct investigations, and disseminate information concerning
reduction in the incidence and proper control of disease, disorders, and
disabilities;
(7)
Forestall and correct physical, chemical, and biological conditions that, if
left to run their course, could be injurious to health;
(8)
Regulate and require the use of sanitary facilities at construction sites and
places of public assembly and to regulate persons, firms, and corporations
engaged in the rental and service of portable chemical toilets;
(9)
Isolate and treat persons afflicted with a communicable disease who are either
unable or unwilling to observe the department's rules and regulations for the
suppression of such disease and to establish, to that end, complete or modified
quarantine, surveillance, or isolation of persons and animals exposed to a
disease communicable to man;
(10)
Procure and distribute drugs and biologicals and purchase services from clinics,
laboratories, hospitals, and other health facilities and, when authorized by
law, to acquire and operate such facilities;
(11)
Cooperate with agencies and departments of the federal government and of the
state by supplying consultant services in medical and hospital programs and in
the health aspects of civil defense, emergency preparedness, and emergency
response;
(12)
Prevent, detect, and relieve physical defects and deformities;
(13)
Promote the prevention, early detection, and control of problems affecting the
dental and oral health of the citizens of Georgia;
(14)
Contract with county boards of health to assist in the performance of services
incumbent upon them under Chapter 3 of this title and, in the event of grave
emergencies of more than local peril, to employ whatever means may be at its
disposal to overcome such emergencies;
(15)
Contract and execute releases for assistance in the performance of its functions
and the exercise of its powers and to supply services which are within its
purview to perform;
(16)
Enter into or upon public or private property at reasonable times for the
purpose of inspecting same to determine the presence of disease and conditions
deleterious to health or to determine compliance with health laws and rules,
regulations, and standards thereunder;
(17)
Promulgate and enforce rules and regulations for the licensing of medical
facilities wherein abortion procedures under subsections (b) and (c) of Code
Section 16-12-141 are to be performed; and, further, to disseminate and
distribute educational information and medical supplies and treatment in order
to prevent unwanted pregnancy; and
(18)
Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' a schedule of fees for laboratory services
provided, schedules to be determined in a manner so as to help defray the costs
incurred by the department, but in no event to exceed such costs, both direct
and indirect, in providing such laboratory services, provided no person shall be
denied services on the basis of his or her inability to pay. All fees paid
thereunder shall be paid into the general funds of the State of Georgia. The
individual who requests the services authorized in this paragraph, or the
individual for whom the laboratory services authorized in this paragraph are
performed, shall be responsible for payment of the service fees. As used in
this paragraph, the term 'individual' means a natural person or his or her
responsible health benefit policy or Title XVIII, XIX, or XXI of the federal
Social Security Act of 1935.
31-5A-2.
31-2-2.
Notwithstanding
the provisions of Code Section 31-1-1, as
As
used in this chapter, the term:
(1)
'Board' means the Board of Community Health established under Code Section
31-5A-3
31-2-3.
(2)
'Commissioner' means the commissioner of community health established under Code
Section
31-5A-6
31-2-6.
(3)
'Department' means the Department of Community Health established under Code
Section
31-5A-4
31-2-4.
(4)
'Department divisions' means the Division of Health Planning, Division of
Medical Assistance, Division of Public Employee Health Benefits, and any other
division of the department established by the board.
(5)
'Division of Health Planning' means the Division of Health Planning established
as such pursuant to paragraph (1) of subsection (b) of Code Section
31-5A-4.
(6)
'Division of Medical Assistance' means the Division of Medical Assistance
established as such pursuant to paragraph (2) of subsection (b) of Code Section
31-5A-4.
(7)
'Division of Public Employee Health Benefits' means the Division of Public
Employee Health Benefits established as such pursuant to paragraph (3) of
subsection (b) of Code Section 31-5A-4.
(8)(4)
'Predecessor agency
or
unit' means the
State
Personnel Board, solely with respect to actions regarding the state health
benefit plan, the Health Planning Agency, and the Department of Medical
Assistance
Department of
Community Health, the Division of Public Health of the Department of Human
Resources, and the Office of Regulatory Services of the Department of Human
Resources.
(9)(5)
'State health benefit plan' means the health insurance plan authorized under
Article 1 of Chapter 18 of Title 45 and Part 6 of Article 17 of Chapter 2 of
Title 20.
(10)(6)
'State Personnel Board' means the board established under Article IV, Section
III of the Constitution.
31-5A-3.
31-2-3.
(a)
There is
created
reconstituted
the Board of Community
Health, as of
July 1, 2009, which shall establish the
general policy to be followed by the Department of Community Health. The
powers, functions, and duties of the Board of
Medical
Assistance
Community
Health as they existed on June 30,
1999
2009,
with regard
to the Department of Medical Assistance, and the powers, functions, and duties
of the State Personnel Board as they existed on June 30, 1999, with regard to
the state health benefit plan, are
transferred to the
reconstituted
Board of Community Health effective July 1,
1999
2009.
The board shall consist of nine members appointed by the Governor and confirmed
by the Senate.
(b)
The
Governor shall designate the initial terms of the members of the board as
follows: three members shall be appointed for one year; three members shall be
appointed for two years; and three members shall be appointed for three
years.
Board members
in office on June 30, 2009, shall serve out the remainder of their respective
terms and successors to these board seats shall be appointed in accordance with
this Code section. Thereafter, all
succeeding appointments shall be for three-year terms from the expiration of the
previous term.
(c)
Vacancies in office shall be filled by appointment by the Governor in the same
manner as the appointment to the position on the board which becomes vacant, and
the appointment shall be submitted to the Senate for confirmation at the next
session of the General Assembly. An appointment to fill a vacancy other than by
expiration of a term of office shall be for the balance of the unexpired
term.
(d)
Members of the board may be removed from office under the same conditions for
removal from office of members of professional licensing boards provided in Code
Section 43-1-17.
(e)
There shall be a chairperson of the board elected by and from the membership of
the board who shall be the presiding officer of the board.
(f)
The members of the board shall receive a per diem allowance and expenses as
shall be set and approved by the Office of Planning and Budget in conformance
with rates and allowances set for members of other state boards.
31-5A-4.
31-2-4.
(a)(1)
The Department of Community Health is
created
re-created
and established to perform the functions and assume the duties and powers
exercised on June 30,
1999
2009,
by the
State
Personnel Board solely with respect to the state health benefit plan, the Health
Planning Agency, and the Department of Medical
Assistance
Department of
Community Health, the Division of Public Health of the Department of Human
Resources, and the Office of Regulatory Services of the Department of Human
Resources, unless specifically transferred to the Department of Human Services,
and such department, division, and office shall be reconstituted as the
Department of Community Health effective July 1,
2009. The department shall
also
assume
retain
powers and responsibility with respect to the expenditure of any funds
appropriated to the department including, without being limited to, funds
received by the state pursuant to the settlement of the lawsuit filed by the
state against certain tobacco companies,
State of Georgia, et
al. v. Philip Morris, Inc., et al., Civil
Action #E-61692, V19/246 (Fulton County Superior Court, December 9,
1998).
(b)
The divisions of the department shall be as follows:
(1)
The Health Planning Agency, as it existed on June 30, 1999, is continued in
existence on and after July 1, 1999, but shall thereafter be the Division of
Health Planning within the department;
(2)
The Department of Medical Assistance, as it existed on June 30, 1999, is
continued in existence on and after July 1, 1999, but shall thereafter be the
Division of Medical Assistance within the department;
(3)
The Health Benefit Services Division of the State Merit System of Personnel
Administration, as it existed on June 30, 1999, is continued in existence on and
after July 1, 1999, but shall thereafter be the Division of Public Employee
Health Benefits within the department; and
(4)
Such other divisions as the board may establish within the
department.
(c)(2)
The
executive
director of the
Health
Planning Agency
Division of
Public Health in office on June 30,
1999
2009,
the
commissioner of medical assistance in office on June 30,
1999, and the director of the
Health
Benefit Services Division of the State Merit System of Personnel
Administration
Office of
Regulatory Services in office on June 30,
1999
2009,
shall become directors of the respective
divisions
division or
office which those predecessor agencies or
divisions
units
have become on and after July 1,
1999
2009,
and until such time as the commissioner appoints other directors of such
divisions or
units.
(d)(b)(1)
There is created in the department the Office of Women's Health. Attached to
the office shall be an 11 member advisory council. The members of the advisory
council shall be appointed by the Governor and shall be representative of major
public and private agencies and organizations in the state and shall be
experienced in or have demonstrated particular interest in women's health
issues. Each member shall be appointed for two years and until his or her
successor is appointed. The members shall be eligible to succeed themselves.
The council shall elect its chairperson from among the councilmembers for a term
of two years. The Governor may name an honorary chairperson of the
council.
(2)
The Office of Women's Health shall serve in an advisory capacity to the
Governor, the General Assembly, the board, the department, and all other state
agencies in matters relating to women's health. In particular, the office
shall:
(A)
Raise awareness of women's nonreproductive health issues;
(B)
Inform and engage in prevention and education activities relating to women's
nonreproductive health issues;
(C)
Serve as a clearing-house for women's health information for purposes of
planning and coordination;
(D)
Issue reports of the office's activities and findings; and
(E)
Develop and distribute a state comprehensive plan to address women's health
issues.
(3)
The Office
of Women's Health shall have a full-time executive director appointed by the
commissioner and shall be provided with staff personnel, office and meeting
facilities, and other necessary items by the
department. The council shall meet upon
the call of its chairperson, the board, or the commissioner.
(e)(c)
The board
of regents
Board of
Regents of the University System of
Georgia is authorized to contract with the
department for health benefits for members, employees, and retirees of the board
of regents and the dependents of such members, employees, and retirees and for
the administration of such health benefits. The department is also authorized
to contract with the board of regents for such purposes.
(f)(d)
In addition to its other powers, duties, and functions, the
department:
(1)
Shall be the lead agency in coordinating and purchasing health care benefit
plans for state and public employees, dependents, and retirees and may also
coordinate with the board of regents for the purchase and administration of such
health care benefit plans for its members, employees, dependents, and
retirees;
(2)
Is authorized to plan and coordinate medical education and physician workforce
issues;
(3)
Is
authorized to convene at least quarterly a state agency coordinating committee
comprised of the commissioners, directors, chairpersons, or their designees, of
the following agencies involved in health related activities: the Department of
Human Resources, including the Division of Public Health, the Division of Mental
Health, Developmental Disabilities, and Addictive Diseases, and the Division of
Aging Services thereof, the Department of Juvenile Justice, the Department of
Corrections, the Insurance Department, the State Merit System of Personnel
Administration, the State Board of Workers' Compensation, and the Governor's
Office of Planning and Budget. The board of regents may also designate a person
to serve on the coordinating committee. The committee will convene for the
purposes of planning and coordinating health issues that have interagency
considerations. The commissioner of the department will serve as the
chairperson of the state agency coordinating committee and will report to the
Governor the activities, findings, and recommendations of the
committee;
(4)
Shall investigate the lack of availability of health insurance coverage and the
issues associated with the uninsured population of this state. In particular,
the department is authorized to investigate the feasibility of creating and
administering insurance programs for small businesses and political subdivisions
of the state and to propose cost-effective solutions to reducing the numbers of
uninsured in this state;
(5)
Shall study and recommend any additional functions needed to carry out the
purposes of the department, including the creation of a consumer medical
advocate. Such recommendations shall be made to the Governor and General
Assembly by December 31,
1999;
(6)(4)
Is authorized to appoint a health care work force policy advisory committee to
oversee and coordinate work force planning activities;
(7)(5)
Is authorized to solicit and accept donations, contributions, and gifts and
receive, hold, and use grants, devises, and bequests of real, personal, and
mixed property on behalf of the state to enable the department to carry out its
functions and purposes;
and
(8)(6)
Is authorized to award grants, as funds are available, to hospital authorities
and hospitals for public health purposes, pursuant to Code Sections 31-7-94 and
31-7-94.1.;
(7)
Shall make provision for meeting the cost of hospital care of persons eligible
for public assistance to the extent that federal matching funds are available
for such expenditures for hospital care. To accomplish this purpose, the
department is authorized to pay from funds appropriated for such purposes of the
amount required under this paragraph into a trust fund account which shall be
available for disbursement for the cost of hospital care of public assistance
recipients. The commissioner, subject to the approval of the Office of Planning
and Budget, on the basis of the funds appropriated in any year, shall estimate
the scope of hospital care available to public assistance recipients and the
approximate per capita cost of such care. Monthly payments into the trust fund
for hospital care shall be made on behalf of each public assistance recipient
and such payments shall be deemed encumbered for assistance payable. Ledger
accounts reflecting payments into and out of the hospital care fund shall be
maintained for each of the categories of public assistance established under
Code Section 49-4-3. The balance of state funds in such trust fund for the
payment of hospital costs in an amount not to exceed the amount of federal funds
held in the trust fund by the department available for expenditure under this
paragraph shall be deemed encumbered and held in trust for the payment of the
costs of hospital care and shall be rebudgeted for this purpose on each
quarterly budget required under the laws governing the expenditure of state
funds. The state auditor shall audit the funds in the trust fund established
under this paragraph in the same manner that any other funds disbursed by the
department are audited; and
(8)
Shall classify and license community living arrangements in accordance with the
rules and regulations promulgated by the department for the licensing and
enforcement of licensing requirements for persons whose services are financially
supported, in whole or in part, by funds authorized through the Department of
Behavioral Health and Developmental Disabilities. To be eligible for licensing
as a community living arrangement, the residence and services provided must be
integrated within the local community. All community living arrangements
licensed by the department shall be subject to the provisions of Code Sections
31-2-11 and 31-7-2.2. No person, business entity, corporation, or association,
whether operated for profit or not for profit, may operate a community living
arrangement without first obtaining a license or provisional license from the
department. A license issued pursuant to this paragraph is not assignable or
transferable. As used in this paragraph, the term 'community living
arrangement' means any residence, whether operated for profit or not, which
undertakes through its ownership or management to provide or arrange for the
provision of housing, food, one or more personal services, supports, care, or
treatment exclusively for two or more persons who are not related to the owner
or administrator of the residence by blood or marriage.
31-5A-5.
31-2-5.
(a)
To assist
in the transition of functions, until July 1, 2000, the State Merit System of
Personnel Administration shall perform payroll, accounting, and purchasing
services and other general support services on behalf of the Division of Public
Employee Health Benefits.
(b)
All persons employed in a predecessor agency
or
unit on June 30,
1999
2009,
shall, on July 1,
1999
2009,
become employees of the
department
within the division which such predecessor agency has
become. Such employees shall be subject
to the employment practices and policies of the department on and after July 1,
1999
2009,
but the compensation and benefits of such transferred employees shall not be
reduced as a result of such transfer. Employees who are subject to the rules of
the State Personnel Board and thereby under the State Merit System of Personnel
Administration and who are transferred to the department shall retain all
existing rights under the State Merit System of Personnel Administration.
Retirement rights of such transferred employees existing under the Employees'
Retirement System of Georgia or other public retirement systems on June 30,
1999
2009,
shall not be impaired or interrupted by the transfer of such employees and
membership in any such retirement system shall continue in the same status
possessed by the transferred employees on June 30,
1999
2009.
Accrued annual and sick leave possessed by said employees on June 30,
1999
2009,
shall be retained by said employees as employees of the department.
(c)(b)(1)
The department shall conform to federal standards for a merit system of
personnel administration in any respects necessary for receiving federal
grants,
and the board is authorized and empowered to effect such changes as may, from
time to time, be necessary in order to comply with such standards.
(2)
The department is authorized to employ, on a full-time or part-time basis, such
medical, supervisory, institutional, and other professional personnel and such
clerical and other employees as may be necessary to discharge the duties of the
department under this chapter. The department is also authorized to contract
for such professional services as may be necessary.
(3)
Classified employees of the department under this chapter shall in all instances
be employed and dismissed in accordance with rules of the State Personnel
Board.
(4)
All personnel of the department are authorized to be members of the Employees'
Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights,
credits, and funds in that retirement system which are possessed by state
personnel transferred by provisions of this chapter to the department, or
otherwise had by persons at the time of employment with the department, are
continued and preserved, it being the intention of the General Assembly that
such persons shall not lose any rights, credits, or funds to which they may be
entitled prior to becoming employees of the department.
(d)(c)
The department shall succeed to all rules, regulations, policies, procedures,
and administrative orders of the predecessor
agencies
agency or
unit which were in effect on June 30,
1999
2009,
or scheduled to go into effect on or after July 1,
1999
2009,
and which relate to the functions transferred to the department by this chapter.
Such rules, regulations, policies, procedures, and administrative orders shall
remain in effect until amended, repealed, superseded, or nullified by proper
authority or as otherwise provided by law. Rules of the department shall be
adopted, promulgated, and implemented as provided in Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act,' except that only
the
Division of Health Planning
rules
promulgated pursuant to Chapter 6 of this
title shall be subject to the provisions
of Code Section 31-6-21.1.
(e)(d)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1,
1999
2009,
by any predecessor agency
or
unit and which pertain to the functions
transferred to the department by this chapter shall continue to exist; and none
of these rights, privileges, entitlements, and duties are impaired or diminished
by reason of the transfer of the functions to the department. In all such
instances, the Department of Community Health shall be substituted for the
predecessor agency
or
unit, and the Department of Community
Health shall succeed to the rights and duties under such contracts, leases,
agreements, and other transactions.
(e)
On July 1, 2009, the department shall receive custody of the state owned real
property in the custody of the predecessor agency or unit on June 30, 2009, and
which pertains to the functions transferred to the department by this
chapter.
(f)(1)
The Governor is authorized to transfer to the Division of Public Employee Health
Benefits of the department, by executive order, employees of the State Merit
System of Personnel Administration who were performing functions for the Health
Benefit Services Division of that system on June 30, 1999, whether or not they
were also performing functions other than functions for that division.
Employees so transferred shall become employees of the Division of Public
Employee Health Benefits of the department.
(2)
The commissioner is authorized to transfer department employees from one
division to another division within the department.
31-5A-6.
31-2-6.
(a)
There is created the position of commissioner of community health. The
commissioner shall be the chief administrative officer of the department and
shall be subject to appointment and removal by the Governor. Subject to the
general policy established by the board, the commissioner shall supervise,
direct, account for, organize, plan, administer, and execute the functions
vested in the department.
(b)
There shall be created in the department such divisions as may be found
necessary for its effective operation. Except for the Division of Public Heath,
the commissioner shall have the power to allocate and reallocate functions among
the divisions within the department.
31-2-1.
The
Department of Human Resources is created and established to safeguard and
promote the health of the people of this state and is empowered to employ all
legal means appropriate to that end. Illustrating, without limiting, the
foregoing grant of authority, the department is empowered to:
(1)
Provide epidemiological investigations and laboratory facilities and services in
the detection and control of disease, disorders, and disabilities and to provide
research, conduct investigations, and disseminate information concerning
reduction in the incidence and proper control of disease, disorders, and
disabilities;
(2)
Forestall and correct physical, chemical, and biological conditions that, if
left to run their course, could be injurious to health;
(3)
Regulate and require the use of sanitary facilities at construction sites and
places of public assembly and to regulate persons, firms, and corporations
engaged in the rental and service of portable chemical toilets;
(4)
Isolate and treat persons afflicted with a communicable disease who are either
unable or unwilling to observe the department's rules and regulations for the
suppression of such disease and to establish, to that end, complete or modified
quarantine, surveillance, or isolation of persons and animals exposed to a
disease communicable to man;
(5)
Manufacture drugs and biologicals which are not readily available on the market
and not manufactured for commercial purposes, when expressly authorized and
shown on the minutes of the department; to procure and distribute drugs and
biologicals and purchase services from clinics, laboratories, hospitals, and
other health facilities and, when authorized by law, to acquire and operate such
facilities;
(6)
Cooperate with agencies and departments of the federal government and of the
state by supplying consultant services in medical and hospital programs and in
the health aspects of civil defense;
(7)
Detect and relieve physical defects and deformities and provide treatment for
mental and emotional disorders and infirmities;
(8)
Promote the prevention, early detection, and control of problems affecting the
dental health of the citizens of Georgia;
(9)
Contract with county boards of health to assist in the performance of services
incumbent upon them under Chapter 3 of this title and, in the event of grave
emergencies of more than local peril, to employ whatever means may be at its
disposal to overcome such emergencies;
(10)
Contract and execute releases for assistance in the performance of its functions
and the exercise of its powers and to supply services which are within its
purview to perform;
(11)
Enter into or upon public or private property at reasonable times for the
purpose of inspecting same to determine the presence of disease and conditions
deleterious to health or to determine compliance with health laws and rules,
regulations, and standards thereunder;
(12)
Promulgate and enforce rules and regulations for the licensing of medical
facilities wherein abortion procedures under subsections (b) and (c) of Code
Section 16-12-141 are to be performed; and, further, to disseminate and
distribute educational information and medical supplies and treatment in order
to prevent unwanted pregnancy; and
(13)
Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' a schedule of fees for laboratory services
provided, schedules to be determined in a manner so as to help defray the costs
incurred by the department, but in no event to exceed such costs, both direct
and indirect, in providing such laboratory services, provided no person shall be
denied services on the basis of his inability to pay. All fees paid thereunder
shall be paid into the general funds of the State of Georgia. The individual
who requests services authorized in this Code section shall pay the fee. As
used in this Code section, the term 'individual' means a natural
person.
31-2-2.
31-2-7.
The
department is designated and empowered as the agency of this state to apply for,
receive, and administer grants and donations for health purposes from the
federal government and from any of its departments, agencies, and
instrumentalities; from appropriations of the state; and from any other sources
in conformity with
law, including
but not limited to Code Section 49-4-152.
The department shall have the authority to prescribe the purposes for which such
funds may be used in order to:
(1)
Provide, extend, and improve maternal and child health services;
(2)
Locate children already
crippled
disabled
or suffering from conditions leading to
crippling
a
disability and provide for such children
medical, surgical, corrective, and other services and to provide for facilities
for diagnosis, hospitalization, and aftercare;
(3)
Advance the
prevention
and control of cancer and of venereal,
tubercular, and other diseases;
(4)
Forestall and correct conditions that, if left to run their course, could be
injurious to health;
(5)
Conduct programs which lie within the scope and the power of the department
relating to industrial hygiene, control of ionizing radiation, occupational
health, water quality, water pollution control, and planning and development of
water resources;
(6)
Administer grants-in-aid to assist in the construction of publicly owned and
operated general and special medical facilities;
(7)
Conduct programs:
(A)
Relating to chronic illness;
(B)
Relating to the dental
and
oral health of the people of this state
which are appropriate to the purpose of the department; and
(C)
Relating to the
mental
and physical health of the people of this
state which are appropriate to the purpose of the department; and
(8)
Develop the health aspects of
civil
defense
emergency
preparedness and emergency
response.
When
a plan is required to be approved by any department, agency, or instrumentality
of the federal government as condition precedent to the making of grants for
health purposes, the department, as agent of this state, is directed to
formulate, submit, and secure approval of that plan and thereafter, upon its
approval and the receipt of funds payable thereunder, to carry the plan into
effect in accordance with its terms, applying thereto the funds so received as
well as other applicable amounts from whatever source.
31-2-3.
31-2-8.
The
department, from time to time, shall make or cause to be made studies and
surveys to determine the quality, scope, and reach of its programs.
31-2-4.
31-2-9.
(a)
The department is authorized to adopt and promulgate rules and regulations to
effect prevention, abatement, and correction of situations and conditions which,
if not promptly checked, would militate against the health of the people of this
state. Such rules and regulations shall be adapted to the purposes intended,
within the purview of the powers and duties imposed upon the department by this
chapter, and supersede conflicting rules, regulations, and orders adopted
pursuant to the authority of Chapter 3 of this title.
(b)
The department upon application or petition may grant variances and waivers to
specific rules and regulations which establish standards for facilities or
entities regulated by the department as follows:
(1)
The department may authorize departure from the literal requirements of a rule
or regulation by granting a variance upon a showing by the applicant or
petitioner that the particular rule or regulation that is the subject of the
variance request should not be applied as written because strict application
would cause undue hardship. The applicant or petitioner additionally must show
that adequate standards affording protection of health, safety, and care exist
and will be met in lieu of the exact requirements of the rule or regulation in
question;
(2)
The department may dispense entirely with the enforcement of a rule or
regulation by granting a waiver upon a showing by the applicant or petitioner
that the purpose of the rule or regulation is met through equivalent standards
affording equivalent protection of health, safety, and care;
(3)
The department may grant waivers and variances to allow experimentation and
demonstration of new and innovative approaches to delivery of services upon a
showing by the applicant or petitioner that the intended protections afforded by
the rule or regulation which is the subject of the request are met and that the
innovative approach has the potential to improve service delivery;
(4)
Waivers or variances which affect an entire class of facilities may only be
approved by the Board of
Human
Resources
Community
Health and shall be for a time certain, as
determined by the board. A notice of the proposed variance or waiver affecting
an entire class of facilities shall be made in accordance with the requirements
for notice of rule making in Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act'; or
(5)
Variances or waivers which affect only one facility in a class may be approved
or denied by the department and shall be for a time certain, as determined by
the department. The department shall maintain a record of such action and shall
make this information available to the board and all other persons who request
it.
This
subsection shall not apply to rules adopted by the department pursuant to Code
Section 31-6-21.1.
(c)
The department may exempt classes of facilities from regulation when, in the
department's judgment, regulation would not permit the purpose intended or the
class of facilities is subject to similar requirements under other rules and
regulations. Such exemptions shall be provided in rules and regulations
promulgated by the board.
31-2-5.
31-2-10.
Actions
at law and in equity against the department, the board, or any of its members
predicated upon omissions or acts done in their official capacity or under color
thereof shall be brought in the appropriate county; provided, however, that
nothing in this Code section shall be construed as waiving the immunity of the
state to be sued without its consent.
31-2-6.
31-2-11.
(a)
This Code section shall be applicable to any agency, center, facility,
institution, community living arrangement, drug abuse treatment and education
program, or entity subject to regulation by the department under Chapters 7, 13,
22, 23, and 44 of this title; Chapter 5 of Title 26; paragraph
(16)
(8)
of subsection
(b)(d)
and
subsection (c) of Code Section
37-1-20
31-2-4;
and Chapter
5 and Article 7 of Chapter 6 of Title 49.
For purposes of this Code section, the term 'license' shall be used to refer to
any license, permit, registration, or commission issued by the department
pursuant to the provisions of the law cited in this subsection.
(b)
The department shall have the authority to take any of the actions enumerated in
subsection (c) of this Code section upon a finding that the applicant or
licensee has:
(1)
Knowingly made any false statement of material information in connection with
the application for a license, or in statements made or on documents submitted
to the department as part of an inspection, survey, or investigation, or in the
alteration or falsification of records maintained by the agency, facility,
institution, or entity;
(2)
Failed or refused to provide the department with access to the premises subject
to regulation or information pertinent to the initial or continued licensing of
the agency, facility, institution, or entity;
(3)
Failed to comply with the licensing requirements of this state; or
(4)
Failed to comply with any
provisions
provision
of this Code section.
(c)
When the department finds that any applicant or licensee has violated any
provisions
provision
of subsection (b) of this Code section or laws, rules, regulations, or formal
orders related to the initial or continued licensing of the agency, facility,
institution, or entity, the department, subject to notice and opportunity for
hearing, may take any of the following actions:
(1)
Refuse to grant a license; provided, however, that the department may refuse to
grant a license without holding a hearing prior to taking such
action;
(2)
Administer a public reprimand;
(3)
Suspend any
license,
permit, registration, or commission for a
definite period or for an indefinite period in connection with any condition
which may be attached to the restoration of said license;
(4)
Prohibit any applicant or licensee from allowing a person who previously was
involved in the management or control, as defined by rule, of any agency,
facility, institution, or entity which has had its license or application
revoked or denied within the past 12 months to be involved in the management or
control of such agency, facility, institution, or entity;
(5)
Revoke any license;
(6)
Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day
for each violation of a law, rule, regulation, or formal order related to the
initial or ongoing licensing of any agency, facility, institution, or entity,
except that no fine may be imposed against any nursing facility, nursing home,
or intermediate care facility which is subject to intermediate sanctions under
the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, whether or not
those sanctions are actually imposed; or
(7)
Limit or restrict any license as the department deems necessary for the
protection of the public, including, but not limited to, restricting some or all
services of or admissions into an agency, facility, institution, or entity for a
time certain.
In
taking any of the actions enumerated in this subsection, the department shall
consider the seriousness of the violation, including the circumstances, extent,
and gravity of the prohibited acts, and the hazard or potential hazard created
to the health or safety of the public.
(d)(1)
With respect to any facility classified as a nursing facility, nursing home, or
intermediate care home, the department may not take an action to fine or
restrict the license of any such facility based on the same act, occurrence, or
omission for which:
(A)
The facility has received an intermediate sanction under the provisions of 42
U.S.C. Section 1396r(h)(2)(A), as amended, or 42 U.S.C. Section
1395i-3(h)(2)(B); or
(B)
Such facility has been served formal notice of intent to take such a sanction
which the
Department
of Community Health
department
based on administrative review or any other appropriate body based on
administrative or judicial review determines not to impose; provided, however,
that nothing in this subsection shall prohibit the department from utilizing the
provisions authorized under subsection (f) of this Code section.
(2)
When any civil monetary penalty is recommended and imposed against such
facility, and the department does not resurvey the facility within 48 hours
after the date by which all items on a plan of correction submitted by the
facility are to be completed, the accrual of any resulting civil monetary
penalties shall be suspended until the facility is resurveyed by the
department.
(3)
If the department resurveys such facility beyond 48 hours after the final date
for completion of all items on the plan of correction submitted by the facility,
and the facility is not in substantial compliance with the applicable standards,
any civil monetary penalties imposed shall relate back to the date on which such
penalties were suspended.
(4)
Notwithstanding the provisions of paragraphs (2) and (3) of this subsection,
nothing contained in said paragraphs
(2) and (3)
of this subsection shall be construed as
requiring the state survey agency to act in violation of applicable federal law,
regulations, and guidelines.
(e)
The department may deny a license or otherwise restrict a license for any
applicant who has had a license denied, revoked, or suspended within one year of
the date of an application or who has transferred ownership or governing
authority of an agency, facility, institution, or entity subject to regulation
by the department within one year of the date of a new application when such
transfer was made in order to avert denial, revocation, or suspension of a
license.
(f)
With regard to any contested case instituted by the department pursuant to this
Code section or other provisions of law which may now or hereafter authorize
remedial or disciplinary grounds and action, the department may, in its
discretion, dispose of the action so instituted by settlement. In such cases,
all parties, successors, and assigns to any settlement agreement shall be bound
by the terms specified
therein,
and violation thereof by any applicant or licensee shall constitute grounds for
any action enumerated in subsection (c) of this Code section.
(g)
The department shall have the authority to make public or private investigations
or examinations inside or outside of this state to determine whether the
provisions of this Code section or any other law, rule, regulation, or formal
order relating to the licensing of any agency, facility, institution, or entity
has been violated. Such investigations may be initiated at any time, in the
discretion of the department, and may continue during the pendency of any action
initiated by the department pursuant to subsection (c) of this Code
section.
(h)
For the purpose of conducting any investigation, inspection, or survey, the
department shall have the authority to require the production of any books,
records, papers, or other information related to the initial or continued
licensing of any agency, facility, institution, or entity.
(i)
Pursuant to the investigation, inspection, and enforcement powers given to the
department by this Code section and other applicable laws, the department may
assess against an agency, facility, institution, or entity reasonable and
necessary expenses incurred by the department pursuant to any administrative or
legal action required by the failure of the agency, facility, institution, or
entity to fully comply with the provisions of any law, rule, regulation, or
formal order related to the initial or continued licensing. Assessments shall
not include attorney's fees and expenses of litigation, shall not exceed other
actual expenses, and shall only be assessed if such investigations, inspection,
or enforcement actions result in adverse findings, as finally determined by the
department, pursuant to administrative or legal action.
(j)
For any action taken or any proceeding held under this Code section or under
color of law, except for gross negligence or willful or wanton misconduct, the
department, when acting in its official capacity, shall be immune from liability
and suit to the same extent that any judge of any court of general jurisdiction
in this state would be immune.
(k)
In an administrative or legal proceeding under this Code section, a person or
entity claiming an exemption or an exception granted by law, rule, regulation,
or formal order has the burden of proving this exemption or
exception.
(l)
This Code section and all actions resulting from its provisions shall be
administered in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
(m)
The provisions of this Code section shall be supplemental to and shall not
operate to prohibit the department from acting pursuant to those provisions of
law which may now or hereafter authorize remedial or disciplinary grounds and
action for the department. In cases where those other provisions of law so
authorize other disciplinary grounds and actions, but this Code section limits
such grounds or actions, those other provisions shall apply.
(n)
The department is authorized to promulgate rules and regulations to implement
the provisions of this Code section.
31-2-7.
31-2-12.
(a)
As used in this Code section, the term:
(1)
'Chamber system' means a system of chambers with each chamber being a molded
polyolefin plastic, arch shaped, hollow structure with an exposed bottom area
and solid top and louvered sidewall for infiltration of effluent into adjoining
bottom and sidewall soil areas. Chambers may be of different sizes and
configurations to obtain desired surface areas.
(2)
'Conventional system' means a system traditionally used composed of perforated
pipe surrounded by gravel or stone masking for the infiltration of effluent into
adjoining bottom and side soil areas.
(3)
'On-site sewage management system' means a sewage management system other than a
public or community sewage treatment system serving one or more buildings,
mobile homes, recreational vehicles, residences, or other facilities designed or
used for human occupancy or congregation. Such term shall include, without
limitation, conventional and chamber septic tank systems, privies, and
experimental and alternative on-site sewage management systems which are
designed to be physically incapable of a surface discharge of effluent that may
be approved by the department.
(4)
'Prior approved system' means only a chamber system or conventional system or
component of such system which is designed to be physically incapable of a
surface discharge of effluent and which was properly approved pursuant to
subparagraph (a)(2)(B) of this Code section, as such Code section became law on
April 19, 1994, for use according to manufacturers' recommendations, prior to
April 14, 1997.
(5)
'Unsatisfactory service' means documented substandard performance as compared to
other approved systems or components.
(b)
The
Department of Human Resources
department
shall have the authority as it deems necessary and proper to adopt state-wide
regulations for
on-site,
sewage management systems, including but not limited to experimental and
alternative systems. The department is authorized to require that any such
on-site sewage management system be examined and approved prior to allowing the
use of such system in the state; provided, however, that any prior approved
system shall continue to be approved for installation in every county of the
state pursuant to the manufacturer's recommendations, including sizing of no
less than 50 percent of trench length of a conventional system designed for
equal flows in similar soil conditions. Upon written request of one-half or
more of the health districts in the state, the department is authorized to
require the reexamination of any such system or component thereof, provided that
documentation is submitted indicating unsatisfactory service of such system or
component thereof. Before any such examination or reexamination, the department
may require the person, persons, or organization manufacturing or marketing the
system to reimburse the department or its agent for the reasonable expenses of
such examination.
(c)(1)
This subsection shall not be construed to prohibit the governing authority of
any county or municipality in the state from adopting and enforcing codes at the
local level; provided, however, that no county, municipality, or state agency
may require any certified septic tank installer or certified septic tank pumper
who has executed and deposited a bond as authorized in paragraph (2) of this
subsection to give or furnish or execute any code compliance bond or similar
bond for the purpose of ensuring that all construction, installation, or
modifications are made or completed in compliance with the county or municipal
ordinances or building and construction codes.
(2)
In order to protect the public from damages arising from any work by a certified
septic tank installer or certified septic tank pumper, which work fails to
comply with any state construction codes or with the ordinances or building and
construction codes adopted by any county or municipal corporation, any such
certified septic tank installer or certified septic tank pumper may execute and
deposit with the judge of the probate court in the county of his or her
principal place of business a bond in the sum of $10,000.00. Such bond shall be
a cash bond of $10,000.00 or executed by a surety authorized and qualified to
write surety bonds in the State of Georgia and shall be approved by the local
county or municipal health department. Such bond shall be conditioned upon all
work done or supervised by such certificate holder complying with the provisions
of any state construction codes or any ordinances or building and construction
codes of any county or municipal corporation wherein the work is performed.
Action on such bond may be brought against the principal and surety thereon in
the name of and for the benefit of any person who suffers damages as a
consequence of said certificate holder's work not conforming to the requirements
of any ordinances or building and construction codes; provided, however, that
the aggregate liability of the surety to all persons so damaged shall in no
event exceed the sum of such bond.
(3)
In any case where a bond is required under this subsection, the certified septic
tank installer or certified septic tank pumper shall file a copy of the bond
with the county or municipal health department in the political subdivision
wherein the work is being performed.
(4)
The provisions of this subsection shall not apply to or affect any bonding
requirements involving contracts for public works as provided in Chapter 10 of
Title 13.
(d)
This Code section does not restrict the work of a plumber licensed by the State
Construction Industry Licensing Board to access any on-site sewage management
system for the purpose of servicing or repairing any plumbing system or
connection to the on-site sewage management system.
31-2-8.
31-2-13.
Until
July 1, 2012, the department shall provide by rule or regulation for the
regulation of any land disposal site that receives septic tank waste from only
one septic tank pumping and hauling business and which as of June 30, 2007,
operated under a valid permit for such activity as issued by the department
(previously
known as the Department of Human Resources for these
purposes) under this Code section. No new
permit shall be issued by the department under this Code section for such type
of site on or after July 1, 2007, but instead any new permit issued for such
type of site on or after such date shall be issued by the Department of Natural
Resources under Code Section 12-8-41. This Code section shall stand repealed on
July 1, 2012.
31-2-9.
(a)
The General Assembly makes the following findings:
(1)
Every year in Georgia, approximately 850 people die from suicide;
(2)
More Georgians die from suicide than from homicide;
(3)
More teenagers and young adults die from suicide than from cancer, heart
disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung
disease combined;
(4)
Many who attempt suicide do not seek professional help after the
attempt;
(5)
In Georgia, three out of four suicide deaths involve a firearm;
(6)
Factors such as aging, drug and alcohol abuse, unemployment, mental illness,
isolation, and bullying in school contribute to causes of suicide;
and
(7)
Education is necessary to inform the public about the causes of suicide and the
early intervention programs that are available.
(b)
There is created the Suicide Prevention Program to be managed by the injury
prevention section of the Division of Public Health of the Department of Human
Resources.
(c)
The injury prevention section, in implementing the Suicide Prevention Program,
shall:
(1)
Establish a link between state agencies and offices, including but not limited
to the department's Division of Aging Services, Division of Family and Children
Services, and Division of Mental Health, Developmental Disabilities, and
Addictive Diseases, local
government
agencies, health care providers, hospitals, nursing homes, and jails to collect
data on suicide deaths and attempted suicides;
(2)
Work with public officials to improve firearm safety;
(3)
Improve education for nurses, judges, physician assistants, social workers,
psychologists, and other counselors with regard to suicide education and
prevention and expand educational resources for professionals working with those
persons most at risk of suicide;
(4)
Provide training and minimal screening tools for clergy, teachers and other
educational staff, and correctional workers on how to identify and respond to
persons at risk of suicide;
(5)
Provide educational programs for family members of persons at an elevated risk
of suicide;
(6)
Develop standardized protocols to be used by the Department of Human Resources
in reviewing suicide death scene investigations;
(7)
Work to increase the number of follow-back studies of suicides;
(8)
Work to increase the number of hospitals that code for external cause of
injuries;
(9)
Implement a state-wide reporting system for reporting suicides;
(10)
Support pilot projects to link and analyze information on self-destructive
behavior from various, distinct data systems; and
(11)
Perform such other tasks as deemed appropriate to further suicide education and
prevention in Georgia.
(d)
The Suicide Prevention Program shall be provided staff to consist of a full-time
coordinator, half-time data analyst/epidemiologist, and administrative support,
all subject to available funding.
31-2-14.
(a)
As used in this Code section, the term:
(1)
'Conviction' means a finding or verdict of guilty or a plea of guilty regardless
of whether an appeal of the conviction has been sought.
(2)
'Crime' means commission of the following offenses:
(A)
A violation of Code Section 16-5-1, relating to murder and felony
murder;
(B)
A violation of Code Section 16-5-21, relating to aggravated
assault;
(C)
A violation of Code Section 16-5-24, relating to aggravated
battery;
(D)
A violation of Code Section 16-5-70, relating to cruelty to
children;
(E)
A violation of Code Section 16-5-100, relating to cruelty to a person 65 years
of age or older;
(F)
A violation of Code Section 16-6-1, relating to rape;
(G)
A violation of Code Section 16-6-2, relating to aggravated sodomy;
(H)
A violation of Code Section 16-6-4, relating to child molestation;
(I)
A violation of Code Section 16-6-5, relating to enticing a child for indecent
purposes;
(J)
A violation of Code Section 16-6-5.1, relating to sexual assault against persons
in custody, detained persons, or patients in hospitals or other
institutions;
(K)
A violation of Code Section 16-6-22.2, relating to aggravated sexual
battery;
(L)
A violation of Code Section 16-8-41, relating to armed robbery;
(M)
A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation
of a disabled adult or elder person; or
(N)
Any other offense committed in another jurisdiction that, if committed in this
state, would be deemed to be a crime listed in this paragraph without regard to
its designation elsewhere.
(3)
'Criminal record' means any of the following:
(A)
Conviction of a crime;
(B)
Arrest, charge, and sentencing for a crime where:
(i)
A plea of nolo contendere was entered to the charge;
(ii)
First offender treatment without adjudication of guilt pursuant to the charge
was granted; or
(iii)
Adjudication or sentence was otherwise withheld or not entered on the charge;
or
(C)
Arrest and being charged for a crime if the charge is pending, unless the time
for prosecuting such crime has expired pursuant to Chapter 3 of Title
17.
(4)
'Facility' means a:
(A)
Personal care home required to be licensed or permitted under Code Section
31-7-12;
(B)
Private home care provider required to be licensed under Article 13 of Chapter 7
of Title 31; or
(C)
Community living arrangement subject to licensure under paragraph (8) of
subsection (d) of Code Section 31-2-4.
(5)
'GCIC' means the Georgia Crime Information Center established under Article 2 of
Chapter 3 of Title 35.
(6)
'GCIC information' means criminal history record information as defined in Code
Section 35-3-30.
(7)
'License' means the document issued by the department to authorize the facility
to operate.
(8)
'Owner' means any individual or any person affiliated with a corporation,
partnership, or association with 10 percent or greater ownership interest in a
facility providing care to persons under the license of the facility in this
state and who:
(A)
Purports to or exercises authority of the owner in a facility;
(B)
Applies to operate or operates a facility;
(C)
Maintains an office on the premises of a facility;
(D)
Resides at a facility;
(E)
Has direct access to persons receiving care at a facility;
(F)
Provides direct personal supervision of facility personnel by being immediately
available to provide assistance and direction during the time such facility
services are being provided; or
(G)
Enters into a contract to acquire ownership of a facility.
(9)
'Records check application' means fingerprints in such form and of such quality
as prescribed by the Georgia Crime Information Center and under standards
adopted by the Federal Bureau of Investigation and a records search fee to be
established by the department by rule and regulation, payable in such form as
the department may direct to cover the cost of obtaining criminal background
information pursuant to this Code section.
(b)
An owner with a criminal record shall not operate or hold a license to operate a
facility, and the department shall revoke the license of any owner operating a
facility or refuse to issue a license to any owner operating a facility if it
determines that such owner has a criminal record; provided, however, that an
owner who holds a license to operate a facility on or before June 30, 2007,
shall not have his or her license revoked prior to a hearing being held before a
hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.'
(c)(1)
Prior to approving any license for a new facility and periodically as
established by the department by rule and regulation, the department shall
require an owner to submit a records check application. The department shall
establish a uniform method of obtaining an owner's records check
application.
(2)(A)
Unless the department contracts pursuant to subparagraph (B) of this paragraph,
the department shall transmit to the GCIC the fingerprints and records search
fee from each fingerprint records check application in accordance with Code
Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit the
fingerprints to the Federal Bureau of Investigation for a search of bureau
records and an appropriate report and shall promptly conduct a search of its
records and records to which it has access. Within ten days after receiving
fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the
department in writing of any criminal record or if there is no such finding.
After a search of Federal Bureau of Investigation records and fingerprints and
upon receipt of the bureau's report, the department shall make a determination
about an owner's criminal record and shall notify the owner in writing as to the
department's determination as to whether the owner has or does not have a
criminal record.
(B)
The department may either perform criminal background checks under agreement
with the GCIC or contract with the GCIC and appropriate law enforcement agencies
which have access to GCIC and Federal Bureau of Investigation information to
have those agencies perform for the department criminal background checks for
owners. The department or the appropriate law enforcement agencies may charge
reasonable fees for performing criminal background checks.
(3)(A)
The department's determination regarding an owner's criminal record, or any
action by the department revoking or refusing to grant a license based on such
determination, shall constitute a contested case for purposes of Chapter 13 of
Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing
required to be held pursuant thereto may be held reasonably expeditiously after
such determination or action by the department.
(B)
In a hearing held pursuant to subparagraph (A) of this paragraph or subsection
(b) of this Code section, the hearing officer shall consider in mitigation the
length of time since the crime was committed, the absence of additional criminal
charges, the circumstances surrounding the commission of the crime, other
indicia of rehabilitation, the facility's history of compliance with the
regulations, and the owner's involvement with the licensed facility in arriving
at a decision as to whether the criminal record requires the denial or
revocation of the license to operate the facility. Where a hearing is required,
at least 30 days prior to such hearing, the hearing officer shall notify the
office of the prosecuting attorney who initiated the prosecution of the crime in
question in order to allow the prosecutor to object to a possible determination
that the conviction would not be a bar for the grant or continuation of a
license as contemplated within this Code section. If objections are made, the
hearing officer shall take such objections into consideration in considering the
case.
(4)
Neither the GCIC, the department, any law enforcement agency, nor the employees
of any such entities shall be responsible for the accuracy of information nor
have any liability for defamation, invasion of privacy, negligence, or any other
claim in connection with any dissemination of information or determination based
thereon pursuant to this Code section.
(d)
All information received from the Federal Bureau of Investigation or the GCIC
shall be for the exclusive purpose of approving or denying the granting of a
license to a new facility or the revision of a license of an existing facility
when a new owner is proposed and shall not be released or otherwise disclosed to
any other person or agency. All such information collected by the department
shall be maintained by the department pursuant to laws regarding and the rules
or regulations of the Federal Bureau of Investigation and the GCIC, as is
applicable. Penalties for the unauthorized release or disclosure of any such
information shall be as prescribed pursuant to laws regarding and rules or
regulations of the Federal Bureau of Investigation and the GCIC, as is
applicable.
(e)
The requirements of this Code section are supplemental to any requirements for a
license imposed by Article 3 of Chapter 5 of Title 49 or Article 11 of Chapter 7
of this title.
(f)
The department shall promulgate written rules and regulations to implement the
provisions of this Code section.
31-5A-7.
31-2-15.
Performance
and outcome data and pricing data for selected medical conditions, surgeries,
and procedures in hospitals, ambulatory surgery centers, nursing homes, and
rehabilitation centers in Georgia shall be reported to the Department of
Community Health on a regular basis. The department shall provide for the
establishment of a website for the purpose of providing consumers information on
the cost and quality of health care in Georgia to include but not be limited to
cost comparison information on certain prescription drugs at different
pharmacies in Georgia, hospitals, ambulatory surgery centers, nursing homes, and
rehabilitation centers and facilities in Georgia.
31-5A-8.
31-2-16.
(a)
As used in this Code section, the term:
(1)
'Biopharmaceutical' means the application of biotechnology to the development of
pharmaceutical products that improve human health.
(2)
'Biotechnology' means any technological application that uses biological
systems, living organisms, or derivatives thereof to make or modify products or
processes for specific use.
(3)
'Georgia biotechnology, biopharmaceutical, or pharmaceutical company' means a
biotechnology, biopharmaceutical, or pharmaceutical company, or a corporate
division of such a company:
(A)
The principal activity of which is research or development, manufacturing, or
sales of health care products in this state; and
(B)(i)
That had a total economic impact in this state of not less than $60 million
during the most recent taxable year;
(ii)
That has total capital investment in this state of not less than $100 million;
and
(iii)
That employs at least 200 Georgia
citizens
residents.
Such
term shall not mean a warehouse used to store health care products.
(4)
'Pharmaceutical' means of or pertaining to the knowledge or art of pharmacy or
to the art of preparing medicines according to the rules or formulas of
pharmacy.
(5)
'Research and development' means experimental or laboratory activity for the
ultimate purpose of developing new products, improving existing products,
developing new uses for existing products, or developing or improving methods
for producing products.
(6)
'Total economic impact' means the sum of total employee payroll, investment in
external research and development, the value of prescription drug samples
provided to physicians, and the value of prescription drugs donated to
low
income
low-income
individuals through patient assistance programs.
(b)
The Department of Community Health shall expedite the review of any prescription
drug or other health care product having an approved indication from the federal
Food and Drug Administration for use with humans and that is produced by a
Georgia biotechnology, biopharmaceutical, or pharmaceutical company for any
health care coverage provided under the state health benefit plan under Article
1 of Chapter 18 of Title 45, the medical assistance program under Article 7 of
Chapter 4 of Title 49, the PeachCare for Kids program under Article 13 of
Chapter 5 of Title 49, or any other health benefit plan or policy administered
by or on behalf of the state. Such review shall take place as soon as
practicable following the date that such drug or health care product becomes
available for public consumption. This subsection shall apply to all contracts
entered into or renewed by the Department of Community Health on or after July
1, 2008.
(c)
In complying with the provisions of this Code section, the department shall
consider the nexus of a biotechnology, biopharmaceutical, or pharmaceutical
company in relation to the state along with the financial impact on the state,
the quality of the product, and other relevant factors.
31-2-17.
The
commissioner is authorized to appoint a diabetes coordinator within the Division
of Public Health to coordinate with other state departments and agencies to
ensure that all programs that impact the prevention and treatment of diabetes
are coordinated, that duplication of efforts is minimized, and that the impact
of such programs is maximized in an attempt to reduce the health consequences
and complications of diabetes in Georgia. The Division of Public Health shall
serve as the central repository for this state's departments and agencies for
data related to the prevention and treatment of diabetes.
31-2-18.
(a)
The Division of Public Health shall have a director who shall be appointed by
the Governor and serve at the pleasure of the Governor. The director shall
report to the Office of the Governor and to the commissioner. In addition to
other authority and duties granted in this title, the director
shall:
(1)
Provide a written report of expenditures made for public health purposes in the
prior fiscal year to the Governor, the Speaker of the House of Representatives,
and the Lieutenant Governor no later than December 1 of each year beginning
December 1, 2010; and
(2)
Serve as the chief liaison to county boards of health through their directors on
matters related to the operations and programmatic responsibilities of such
county boards of health; provided, however, the director may designate a person
from within the division to serve as such chief liaison.
(b)
The director shall be authorized to convene one or more panels of experts to
address various public health issues and may consult with experts on
epidemiological and emergency preparedness issues.
31-2-19.
(a)
There is created the Advisory Council for Public Health to be composed of nine
members appointed by the Governor who shall serve at the pleasure of the
Governor. Employees of the department shall not serve on the council. Members
shall serve three-year terms, provided that of the first members appointed,
three shall be appointed for a term of one year, three for a term of two years,
and three for a term of three years. Members may succeed themselves. A
position on the council shall be deemed vacant upon the expiration of a member's
term, and vacancies shall be filled by similar appointment for unexpired
terms.
(b)
The council shall meet at least quarterly.
(c)
The council shall advise the Division of Public Health on all matters related to
the division. Resolutions passed by a majority of the council shall be
considered by the Director of Public Health and the commissioner and may be
considered by the board.
31-2-20.
(a)
Effective July 1, 2010, there is created the Public Health Commission to be
composed of nine members as follows: two members shall be appointed by the
Speaker of the House of Representatives, two members shall be appointed by the
Lieutenant Governor, and five members shall be appointed by the Governor. The
purpose of the commission shall be to examine whether the interests of this
state are best served with the Division of Public Health being a part of the
Department of Community Health, an attached agency pursuant to Code Section
50-4-3, an independent agency, or as part of another organizational structure to
be determined by the commission. The commission shall have the authority to
contract with third parties subject to appropriations by the General Assembly.
The commission shall make its recommendations to the Governor, the Speaker of
the House of Representatives, and the Lieutenant Governor by December 1, 2010.
The commission shall stand abolished on December 31, 2010.
(b)
This Code section shall stand repealed on December 31, 2010.
SECTION
1-2.
Said
title is further amended by revising Code Section 31-1-1, relating to
definitions relative to health generally, as follows:
"31-1-1.
Except
as specifically provided otherwise, as used in this title, the
term:
(1)
'Board' means the Board of
Human
Resources
Community
Health.
(2)
'Commissioner' means the commissioner of
human
resources
community
health.
(3)
'Department' means the Department of
Human
Resources
Community
Health."
SECTION
1-3.
Said
title is further amended by adding a new Code section to read as
follows:
"31-1-10.
(a)
The position of State Health Officer is created. The commissioner of community
health or the director of the Division of Public Health of the Department of
Community Health shall be the State Health Officer, as designated by the
Governor.
(b)
The State Health Officer shall perform such health emergency preparedness and
response duties as assigned by the
Governor."
SECTION
1-4.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Department of Human Resources" wherever it occurs with "Department of
Community Health":
(1)
Code Section 4-4-69, relating to regulation of manufacture and use of disease
vectors in livestock;
(2)
Code Section 4-10-10, relating to the joint regulation of the sale or
transportation of exotic or pet birds;
(3)
Code Section 10-1-393, relating to unfair or deceptive practices in consumer
transactions which are deemed unlawful;
(4)
Code Section 12-2-8, relating to promulgation of minimum standards and
procedures for protection of natural resources, environment, and vital areas of
the state;
(5)
Code Section 12-3-9, relating to adoption and promulgation by the Board of
Natural Resources of rules and regulations regarding parks, historic sites, and
recreational areas;
(6)
Code Section 12-5-175, relating to fluoridation of public water
systems;
(7)
Code Section 12-8-1, relating to notice of denial of individual sewage disposal
permits;
(8)
Code Section 15-21-142, relating to the establishment of the Brain and Spinal
Injury Trust Fund Commission;
(9)
Code Section 16-6-13.1, relating to testing for sexually transmitted
diseases;
(10)
Code Section 16-12-141, relating to when abortion is legal;
(11)
Code Section 17-10-15, relating to AIDS transmitting crimes;
(12)
Code Section 19-3-41, relating to preparation by the Department of Human
Resources of a marriage manual on family planning and other
material;
(13)
Code Section 20-2-142, relating to prescribed courses in elementary and
secondary schools on alcohol, tobacco, and drug use;
(14)
Code Section 20-2-143, relating to sex education and AIDS prevention instruction
in elementary and secondary schools;
(15)
Code Section 20-2-144, relating to mandatory instruction in elementary and
secondary schools concerning alcohol and drug use;
(16)
Code Section 20-2-770, relating to rules and regulations for nutritional
screening and eye, ear, and dental examinations of students;
(17)
Code Section 20-2-771, relating to immunization of students in elementary and
secondary education;
(18)
Code Section 20-2-772, relating to rules and regulations for screening of
students for scoliosis;
(19)
Code Section 24-9-40, relating to when medical information may be released by a
physician, hospital, health care facility, or pharmacist;
(20)
Code Section 24-9-47, relating to disclosure of AIDS confidential
information;
(21)
Code Section 25-3-6, relating to the effect of certain laws relating to local
fire departments on the powers and duties of other officials and
departments;
(22)
Code Section 26-2-371, relating to permits required for food service
establishments;
(23)
Code Section 26-2-372, relating to the issuance of permits for food service
establishments;
(24)
Code Section 26-2-373, relating to promulgation of rules, regulations, and
standards by the Department of Human Resources and county boards of health for
food service establishments;
(25)
Code Section 26-2-374, relating to contents and posting of notices relating to
assistance to persons choking;
(26)
Code Section 26-2-375, relating to enforcement of laws regarding the regulation
of food service establishments;
(27)
Code Section 26-2-376, relating to review of final order or determination by
Department of Human Resources regarding regulation of a food service
establishment;
(28)
Code Section 26-2-377, relating to penalties for violation of laws regarding the
regulation of food service establishments;
(29)
Code Section 26-3-18, relating to assistance in enforcement from Department of
Agriculture or Department of Human Resources with respect to standards,
labeling, and adulteration of drugs and cosmetics;
(30)
Code Section 26-4-85, relating to patient counseling by a
pharmacist;
(31)
Code Section 26-4-116, relating to emergency service providers with respect to
dangerous drugs and controlled substances;
(32)
Code Section 26-4-172, relating to license requirements under the "Nuclear
Pharmacy Law";
(33)
Code Section 26-5-3, relating to definitions relative to the "Drug Abuse
Treatment and Education Act";
(34)
Code Section 31-1-3.2, relating to hearing screenings for newborns;
(35)
Code Section 31-3-4, relating to powers of county boards of health;
(36)
Code Section 31-3-11, relating to appointments of director and staff of county
board of health;
(37)
Code Section 31-5-1, relating to adoption of rules and regulations by the
Department of Human Resources and county boards of health;
(38)
Code Section 31-5-9, relating to injunctions for enjoining violations of the
provisions of Title 31;
(39)
Code Section 31-5-20, relating to the definition of the term "inspection
warrant" with respect to enforcement of certain public health laws;
(40)
Code Section 31-5-21, relating to persons who may obtain inspection
warrants;
(41)
Code Section 31-7-133, relating to confidentiality of review organization's
records;
(42)
Code Section 31-7-172, relating to definitions relative to hospice
care;
(43)
Code Section 31-7-175, relating to the administration of the article of the
"Georgia Hospice Law";
(44)
Code Section 31-8-1, relating to the establishment and purpose of the Hospital
Care for the Indigent Program;
(45)
Code Section 31-8-36, relating to state appropriations to the Nonresident
Indigent Health Care Fund;
(46)
Code Section 31-8-46, relating to investigation of violations by a
hospital;
(47)
Code Section 31-8-193, relating to the establishment of a program to provide
health care services to low-income recipients;
(48)
Code Section 31-9A-4, relating to information to be made available by the
Department of Human Resources under the "Woman's Right to Know
Act";
(49)
Code Section 31-9A- 6, relating to reporting requirements under the "Woman's
Right to Know Act";
(50)
Code Section 31-10-1, relating to definitions relative to vital
records;
(51)
Code Section 31-11-1, relating to findings of the General Assembly and
declaration of policy with respect to emergency medical services;
(52)
Code Section 31-11-3, relating to recommendations by local coordinating entity
as to administration of the Emergency Medical Systems Communication
Program;
(53)
Code Section 31-11-81, relating to definitions relative to emergency
services;
(54)
Code Section 31-11-100, relating to definitions relative to the Georgia Trauma
Care Network Commission;
(55)
Code Section 31-11-101, relating to the creation of the Georgia Trauma Care
Network Commission;
(56)
Code Section 31-11-102, relating to the duties and responsibilities of the
Georgia Trauma Care Network Commission;
(57)
Code Section 31-11-110, relating to legislative findings relative to a system of
certified stroke centers;
(58)
Code Section 31-12-1, relating to the power to conduct research and studies
relative to the control of hazardous conditions, preventable diseases, and
metabolic diseases;
(59)
Code Section 31-12A-9, relating to a continuing education program relative to
the "Georgia Smokefree Air Act of 2005";
(60)
Code Section 31-12A-10, relating to enforcement by the Department of Human
Resources and county boards of health of the "Georgia Smokefree Air Act of
2005";
(61)
Code Section 31-13-3, relating to definitions relative to the "Georgia Radiation
Control Act";
(62)
Code Section 31-13-4, relating to administration of state-wide radiation control
program for radiation generating equipment;
(63)
Code Section 31-13-5, relating to the powers and duties of the Department of
Human Resources and the Department of Natural Resources under the "Georgia
Radiation Control Act";
(64)
Code Section 31-13-8.2, relating to licensing of diagnostic and therapeutic
medical uses of radioactive materials;
(65)
Code Section 31-13-9, relating to records of use of radiation sources and
exposure of employees to radiation;
(66)
Code Section 31-13-10, relating to suspension, revocation, and amendment of
license or registration of radiation generating equipment;
(67)
Code Section 31-13-11, relating to impounding and condemnation of radiation
generating equipment and radioactive materials;
(68)
Code Section 31-13-12, relating to the license requirements under the "Georgia
Radiation Control Act";
(69)
Code Section 31-13-13, relating to penalties under the "Georgia Radiation
Control Act";
(70)
Code Section 31-13-23, relating to transfer of powers and duties between the
Department of Natural Resources and the Department of Human Resources under the
"Georgia Radiation Control Act";
(71)
Code Section 31-14-2, relating to petition for commitment of a person who has
active tuberculosis;
(72)
Code Section 31-14-9, relating to procedure for securing discharge of a person
committed for active tuberculosis;
(73)
Code Section 31-15-2, relating to the establishment of a program for the
prevention, control, and treatment of cancer;
(74)
Code Section 31-16-2, relating to the establishment of a program for the
prevention, control, and treatment of kidney disease;
(75)
Code Section 31-17-2, relating to the report of diagnosis or treatment to health
authorities of a case of venereal disease;
(76)
Code Section 31-17-3, relating to examination and treatment by health
authorities for venereal disease;
(77)
Code Section 31-17-4.2, relating to HIV pregnancy screening;
(78)
Code Section 31-17A-2, relating to examination of persons infected or suspected
of being infected with HIV;
(79)
Code Section 31-17A-3, relating to refusal to consent to an HIV
test;
(80)
Code Section 31-18-4, relating to the duties of the Brain and Spinal Injury
Trust Fund Commission;
(81)
Code Section 31-21-25, relating to bonds required prior to receiving unclaimed
bodies;
(82)
Code Section 31-22-2, relating to licenses to operate clinical
laboratories;
(83)
Code Section 31-22-9.1, relating to who may perform HIV tests;
(84)
Code Section 31-22-9.2, relating to report of positive HIV tests;
(85)
Code Section 31-23-3, relating to hospitals or medical schools which may operate
eye banks;
(86)
Code Section 31-24-4, relating to labeling of containers of blood under "The
Blood Labeling Act";
(87)
Code Section 31-26-2, relating to the requirement of a certificate to practice
midwifery;
(88)
Code Section 31-27-2, relating to the requirement of a permit for a mass
gathering;
(89)
Code Section 31-28-2, relating to issuance of permits to operate a tourist
court;
(90)
Code Section 31-28-5, relating to standards for health, sanitation, and safety
of tourist courts;
(91)
Code Section 31-28-6, relating to inspection of premises of tourist
courts;
(92)
Code Section 31-30-9, relating to effectiveness of chapter on reports on
veterans exposed to agent orange;
(93)
Code Section 31-34-5, relating to service cancelable loans under the "Physicians
for Rural Areas Assistance Act";
(94)
Code Section 31-35-10, relating to definitions relative to bioterrorism
protection for emergency providers;
(95)
Code Section 31-40-2, relating to issuance of permits for tattoo
studios;
(96)
Code Section 31-40-5, relating to rules and regulations relative to tattoo
studios;
(97)
Code Section 31-40-6, relating to enforcement of chapter regulating tattoo
studios;
(98)
Code Section 31-40-8, relating to a public education program relative to tattoo
studios;
(99)
Code Section 31-45-8, relating to inspections by the county board of health of
public swimming pools;
(100)
Code Section 31-45-9, relating to suspension or revocation of permit for a
public swimming pool;
(101)
Code Section 31-45-10, relating to rules and regulations relative to public
swimming pools;
(102)
Code Section 31-45-11, relating to enforcement of rules and regulations relative
to public swimming pools;
(103)
Code Section 31-46-4, relating to the Georgia Commission for Saving the
Cure;
(104)
Code Section 33-24-59.7, relating to insurance coverage for the treatment of
morbidly obese patients;
(105)
Code Section 33-29-3.2, relating to individual accident and sickness insurance
coverage for mammograms, Pap smears, and prostate specific antigen
tests;
(106)
Code Section 33-30–4.2, relating to group accident and sickness insurance
coverage for mammograms, Pap smears, and prostate specific antigen
tests;
(107)
Code Section 33-44-3, relating to the creation of the Georgia High Risk Health
Insurance Plan;
(108)
Code Section 34-9-1, relating to definitions relative to workers'
compensation;
(109)
Code Section 34-9-415, relating to testing under drug-free workplace
programs;
(110)
Code Section 35-1-8, relating to acquisition, collection, classification, and
preservation of information assisting in identifying deceased persons and
locating missing persons;
(111)
Code Section 36-62-2, relating to definitions relative to the "Development
Authorities Law";
(112)
Code Section 38-3-22, relating to the Governor's emergency management powers and
duties;
(113)
Code Section 38-3-51, relating to emergency powers of the Governor;
(114)
Code Section 40-5-25, relating to applications for instruction permits and
drivers' licenses;
(115)
Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood
relating to violations of driving under the influence of alcohol, drugs, or
other intoxicating substances;
(116)
Code Section 42-1-7, relating to notification to transporting law enforcement
agency of inmate's or patient's infectious or communicable disease;
(117)
Code Section 42-4-6, relating to confinement and care of tubercular
inmates;
(118)
Code Section 42-4-32, relating to sanitation and health requirements for
jails;
(119)
Code Section 43-10-6, relating to rules and regulations as to sanitary
requirements of beauty shops, beauty salons, schools of cosmetology, schools of
esthetics, schools of hair design, and schools of nail care;
(120)
Code Section 43-11-74, relating to direct supervision requirement of dental
hygienists by a licensed dentist;
(121)
Code Section 43-14-2, relating to definitions relative to the regulation of
electrical contractors, plumbers, conditioned air contractors, low-voltage
contractors, and utility contractors;
(122)
Code Section 43-18-1, relating to definitions relative to the regulation of
funeral directors and establishments, embalmers, and crematories;
(123)
Code Section 43-18-46, relating to grounds for denial or revocation of license
or registration to operate a funeral establishment or to practice embalming or
funeral directing;
(124)
Code Section 43-27-1, relating to definitions relative to nursing home
administrators;
(125)
Code Section 43-34-26.1, relating to delegation of authority to nurse or
physician's assistant;
(126)
Code Section 43-34-26.3, relating to delegation of certain medical acts to
advanced practice registered nurse;
(127)
Code Section 43-34-103, relating to applications for utilization of physician's
assistants;
(128)
Code Section 45-18-1, relating to definitions relative to the state employees'
health insurance plan;
(129)
Code Section 45-18-32, relating to administration of deferred compensation plans
for employees of the state;
(130)
Code Section 46-11-4, relating to regulation of transportation of hazardous
materials on public roads of the state generally;
(131)
Code Section 49-4-152.3, relating to reuse of unit dosage drugs under
Medicaid;
(132)
Code Section 49-6-81, relating to the legislative intent of the "Adult Day
Center for Aging Adults Licensure Act";
(133)
Code Section 49-6-82, relating to definitions relative to the "Adult Day Center
for Aging Adults Licensure Act";
(134)
Code Section 50-13-4, relating to procedural requirements for adoption,
amendment, or repeal of rules by a state agency;
(135)
Code Section 50-18-72, relating to when public disclosure is not required under
open records laws;
(136)
Code Section 50-18-76, relating to written matter exempt from disclosure under
vital records laws; and
(137)
Code Section 50-26-4, relating to definitions relative to the "Georgia Housing
and Finance Authority Act."
SECTION
1-5.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Board of Human Resources" wherever it occurs with "Board of Community
Health":
(1)
Code Section 31-1-3.2, relating to hearing screenings for newborns;
(2)
Code Section 31-7-304, relating to fees on private home care
providers;
(3)
Code Section 31-11-2, relating to definitions relative to emergency medical
services;
(4)
Code Section 31-11-3, relating to recommendations by local coordinating entity
as to administration of the Emergency Medical Systems Communication
Program;
(5)
Code Section 31-11-31.1, relating to license fees on ambulance
services;
(6)
Code Section 31-12-14, relating to breast cancer, prostate cancer, and ovarian
cancer research program fund;
(7)
Code Section 31-22-1, relating to definitions relative to clinical
laboratories;
(8)
Code Section 42-9-12, relating to appointment of replacement for incapacitated
member on the State Board of Pardons and Paroles; and
(9)
Code Section 43-7-9, relating to general powers and duties of the State Board of
Barbers.
SECTION
1-6.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "commissioner of human resources" wherever it occurs with
"commissioner of community health":
(1)
Code Section 8-2-24, relating to appointment of advisory committee relating to
state building, plumbing, and electrical codes;
(2)
Code Section 12-5-524, relating to the creation of the Water
Council;
(3)
Code Section 16-12-141, relating to when abortion is legal;
(4)
Code Section 16-12-141.1, relating to disposal of aborted fetuses;
(5)
Code Section 21-2-231, relating to lists of persons convicted of felonies,
persons declared mentally incompetent, and deceased persons provided to
Secretary of State with respect to registration of voters;
(6)
Code Section 26-2-393, relating to enforcement of article relating to nonprofit
food sales and food service;
(7)
Code Section 31-7-176.1, relating to determination or pronouncement of death of
a patient in hospice care;
(8)
Code Section 31-8-32, relating to determination of indigency for hospital care
for nonresidents;
(9)
Code Section 31-8-43, relating to determination of indigency for hospital care
for pregnant women;
(10)
Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to
Know Act";
(11)
Code Section 31-10-1, relating to definitions relative to vital
records;
(12)
Code Section 31-11-2, relating to definitions relative to emergency medical
services;
(13)
Code Section 31-11-36, relating to suspension or revocation of licenses for
ambulance services;
(14)
Code Section 31-16-3, relating to functions of the Kidney Disease Advisory
Committee;
(15)
Code Section 31-27-7, relating to emergency powers of the Governor regarding
mass gatherings;
(16)
Code Section 31-35-10, relating to definitions relative to bioterrorism
protection for emergency responders;
(17)
Code Section 31-36A-7, relating to petition for health care placement transfer,
admission, or discharge order by health care facility;
(18)
Code Section 33-20B-3.1, relating to health maintenance organizations' expansion
into rural areas;
(19)
Code Section 33-21-3, relating to grounds and procedure for issuance or denial
of certificate of authority for a health maintenance organization;
(20)
Code Section 33-21-5, relating to suspension or revocation of certificate of
authority for a health maintenance organization;
(21)
Code Section 33-21-15, relating to filing of annual reports by health
maintenance organizations;
(22)
Code Section 33-21-17, relating to examinations of health maintenance
organizations and providers;
(23)
Code Section 33-21-18, relating to adoption of rules and regulations generally
relative to health maintenance organizations;
(24)
Code Section 33-21-20, relating to conduct of hearings generally relative to
health maintenance organizations;
(25)
Code Section 33-21-21, relating to authority of commissioner of human resources
to contract for making of recommendations required by health maintenance
organizations laws;
(26)
Code Section 33-21-27, relating to enforcement of health maintenance
organizations laws;
(27)
Code Section 38-2-10, relating to use of National Guard in drug law enforcement,
provision of medical care in medically underserved areas, and for youth
opportunity training programs;
(28)
Code Section 42-4-32, relating to sanitation and health requirements in jails
generally;
(29)
Code Section 42-9-12, relating to appointment of replacement for incapacitated
member on the State Board of Pardons and Paroles;
(30)
Code Section 43-1A-4, relating to the Occupational Regulation Review
Council;
(31)
Code Section 43-27-2, relating to creation of the State Board of Nursing Home
Administrators;
(32)
Code Section 43-45-3, relating to creation of the State Structural Pest Control
Commission;
(33)
Code Section 45-9-73, relating to the creation of the Georgia Public School
Personnel Indemnification Commission; and
(34)
Code Section 45-9-83, relating to the creation of the Georgia State
Indemnification Commission.
SECTION
1-7.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Chapter 5A of Title 31" wherever it occurs with "Chapter 2 of Title
31":
(1)
Code Section 20-2-880, relating to definitions relative to health insurance
plans for public school teachers;
(2)
Code Section 20-2-910, relating to definitions relative to health insurance
plans for public school employees;
(3)
Code Section 33-20A-31, relating to definitions relative to the "Patient's Right
to Independent Review Act";
(4)
Code Section 45-18-1, relating to definitions relative to the state employees'
health insurance plan;
(5)
Code Section 49-4-141, relating to definitions relative to
Medicaid;
(6)
Code Section 49-4-142, relating to the authorization of the Department of
Community Health to adopt and administer a state plan for medical
assistance;
(7)
Code Section 49-4-143, relating to the power of the Board of Community Health
with respect to Medicaid; and
(8)
Code Section 49-4-144, relating to the chief administrative officer of the
Department of Community Health.
SECTION
1-8.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Chapter 5A of this title" wherever it occurs with "Chapter 2 of this
title":
(1)
Code Section 31-6-2, relating to definitions relative to state health planning
and development;
(2)
Code Section 31-6-21, relating to the Department of Community Health generally
under state health planning and development;
(3)
Code Section 31-7-94.1, relating to the "Rural Hospital Assistance
Act;"
(4)
Code Section 31-8-151, relating to definitions relative to the indigent care
trust fund;
(5)
Code Section 31-8-162, relating to definitions relative to nursing home provider
fees; and
(6)
Code Section 31-8-171, relating to definitions relative to quality assessment
fees on care management organizations.
SECTION
1-9.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Code Section 31-2-6" wherever it occurs with "Code Section
31-2-11":
(1)
Code Section 25-2-40, relating to smoke detectors required in new dwellings and
dwelling units;
(2)
Code Section 31-7-2.1, relating to rules and regulations relative to regulation
of hospitals and related institutions;
(3)
Code Section 31-7-302, relating to rules and regulations relative to private
home care providers;
(4)
Code Section 31-8-60, relating to retaliation against a resident of a long-term
care facility and prohibition against interference with the
ombudsman;
(5)
Code Section 31-8-135, relating to hearings under the "Remedies for Residents of
Personal Care Homes Act";
(6)
Code Section 31-11-9, relating to enforcement of emergency medical services
laws; and
(7)
Code Section 31-44-11, relating to the authority of the Department of Human
Resources to deal with violations of renal disease facilities laws.
SECTION
1-10.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Code Section 31-2-7" wherever it occurs with "Code Section
31-2-12":
(1)
Code Section 31-3-5, relating to functions of county boards of
health;
(2)
Code Section 31-3-5.1, relating to conformity prerequisite to building permit;
and
(3)
Code Section 50-13-4, relating to procedural requirements for adoption,
amendment, or repeal of rules.
SECTION
1-11.
Code
Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair
or deceptive practices in consumer transactions which are deemed unlawful, is
amended by revising paragraph (26) of subsection (b) as follows:
"(26)
With respect to any individual or facility providing personal care
services:
(A)
Any person or entity not duly licensed or registered as a personal care home
formally or informally offering, advertising to, or soliciting the public for
residents or referrals;
(B)
Any personal care home, as defined in subsection (a) of Code Section 31-7-12,
offering, advertising, or soliciting the public to provide
services:
(i)
Which are outside the scope of personal care services; and
(ii)
For which it has not been specifically authorized.
Nothing
in this subparagraph prohibits advertising by a personal care home for services
authorized by the Department of
Human
Resources
Community
Health under a waiver or variance pursuant
to subsection (b) of Code Section
31-2-4
31-2-9;
(C)
For purposes of this paragraph, 'personal care' means protective care and
watchful oversight of a resident who needs a watchful environment but who does
not have an illness, injury, or disability which requires chronic or
convalescent care including medical and nursing services.
The
provisions of this paragraph shall be enforced following consultation with the
Department of
Human
Resources
Community
Health which shall retain primary
responsibility for issues relating to licensure of any individual or facility
providing personal care services;"
SECTION
1-12.
Code
Section 12-8-41 of the Official Code of Georgia Annotated, relating to permits
issued by the Department of Natural Resources for land disposal sites, is
amended as follows:
"12-8-41.
The
department shall provide by rule or regulation for the regulation and permitting
of any land disposal site that receives septic tank waste from any one or more
septic tank pumping and hauling businesses. Any new permit issued for such type
of site on or after July 1, 2007, shall be issued by the department under this
Code section. Any such type of site that as of June 30, 2007, operated under a
valid permit issued on or before such date by the Department of Human Resources
(now known as
the Department of Community Health for these
purposes) under Code Section
31-2-8
31-2-13
may continue to operate under such Code section until July 1, 2012, but a permit
shall be obtained from the department under this Code section prior to such date
in order to continue such operation thereafter."
SECTION
1-13.
Code
Section 15-11-66.1 of the Official Code of Georgia Annotated, relating to
disposition of a child committing delinquent act constituting AIDS transmitting
crime, is amended by revising subsection (e) as follows:
"(e)
If a child is required by this Code section to submit to an HIV test and is
thereby determined to be infected with HIV, that determination and the name of
the child shall be deemed to be AIDS confidential information and shall be
reported to:
(1)
The Department of Juvenile Justice or the Department of Corrections, as the case
may be, and the Department of
Human
Resources
Community
Health, the latter of which may disclose
the name of the child if necessary to provide and shall provide counseling to
each victim of that child's AIDS transmitting crime or to any parent or guardian
of any victim who is a minor or incompetent person, if the Department of
Juvenile Justice or the Department of Corrections believes the crime posed a
reasonable risk of transmitting HIV to the victim;
(2)
The court which ordered the HIV test; and
(3)
Those persons in charge of any facility to which the child has been confined by
order of the court. In addition to any other restrictions regarding the
confinement of children, a child determined to be an HIV infected person may be
confined in that facility separately from any other children in that facility
other than those who have been determined to be infected with HIV
if:
(A)
That child is reasonably believed to be sexually active while
confined;
(B)
That child is reasonably believed to be sexually predatory either during or
prior to detention; or
(C)
The commissioner of juvenile justice or the commissioner of corrections, as the
case may be, reasonably determines that other circumstances or conditions exist
which indicate that separate confinement would be warranted."
SECTION
1-14.
Code
Section 15-21-143 of the Official Code of Georgia Annotated, relating to
appointment of members and personnel of the Brain and Spinal Injury Trust Fund
Commission, is amended as follows:
"15-21-143.
(a)
The Brain and Spinal Injury Trust Fund Commission shall consist of 15 members
who shall serve for terms of two years, except that with respect to the first
members appointed, five members shall be appointed for a term of three years,
five for a term of two years, and five for a term of one year. The following
agencies may each appoint one member of the commission:
(1)
The Division of Rehabilitation Services of the Department of Labor;
(2)
The State Board of Education;
(3)
The Department of Public Safety;
(4)
The Department of Community Health; and
(5)
The Department of Human
Resources
Services.
The
remaining ten members of the commission shall be appointed by the Governor,
seven of whom shall be citizens who have sustained brain or spinal cord injury
or members of such persons' immediate families, no more than one of whom shall
reside in the same geographic area of the state which constitutes a health
district established by the Department of
Human
Resources
Community
Health. The Governor is authorized but
not required to appoint the remaining three members from recommendations
submitted by the Private Rehabilitation Suppliers of Georgia, the Georgia
Hospital Association, the Brain Injury Association of Georgia, the Medical
Association of Georgia, and the Georgia State Medical Association. The Governor
shall also establish initial terms of office for all 15 members of the board
within the limitations of this subsection.
(b)
In the event of death, resignation, disqualification, or removal for any reason
of any member of the commission, the vacancy shall be filled in the same manner
as the original appointment and the successor shall serve for the unexpired
term.
(c)
Membership on the commission does not constitute public office, and no member
shall be disqualified from holding public office by reason of his or her
membership.
(d)
The Governor shall designate a chairperson of the commission from among the
members, which chairperson shall serve in that position at the pleasure of the
Governor. The commission may elect such other officers and committees as it
considers appropriate.
(e)
The commission, with the approval of the Governor, may employ such professional,
technical, or clerical personnel as deemed necessary to carry out the purposes
of this chapter."
SECTION
1-15.
Code
Section 17-18-1 of the Official Code of Georgia Annotated, relating to duty of
certain officials to offer written statement of information to victims of rape
or forcible sodomy, is amended as follows:
"17-18-1.
When
any employee of the
Department
of Human Resources,
Department of
Human Services, Department of Community Health, Department of Behavioral Health
and Developmental Disabilities, a law
enforcement agency, or a court has reason to believe that he or she in the
course of official duties is speaking to an adult who is or has been a victim of
a violation of Code Section 16-6-1, relating to rape, or Code Section 16-6-2,
relating to aggravated sodomy, such employee shall offer or provide such adult a
written statement of information for victims of rape or aggravated sodomy. Such
written statement shall, at a minimum, include the information set out in Code
Section 17-18-2 and may include additional information regarding resources
available to victims of sexual assault. Information for victims of rape or
aggravated sodomy may be provided in any language."
SECTION
1-16.
Code
Section 19-3-35.1 of the Official Code of Georgia Annotated, relating to AIDS
brochures for applicants for a marriage license, is amended by revising
subsection (b) as follows:
"(b)
The
Department
of Human Resources
Department of
Community Health shall prepare a brochure
describing AIDS, HIV, and the dangers, populations at risk, risk behaviors, and
prevention measures relating thereto. That department shall also prepare a
listing of sites at which confidential and anonymous HIV tests are provided
without charge. That department shall further prepare a form for acknowledging
that the brochures and listings have been received, as required by subsection
(c) of this Code section. The brochures, listings, and forms prepared by the
Department of
Community Health (formerly known as the
Department of Human Resources
for these
purposes) under this subsection shall be
prepared and furnished to the office of each judge of the probate court no later
than October 1, 1988."
SECTION
1-17.
Code
Section 19-13-32 of the Official Code of Georgia Annotated, relating to the
membership, terms, filling of vacancies, and officers of the State Commission on
Family Violence, is amended by revising paragraph (1) of subsection (a) as
follows:
"(1)
Three ex officio members shall be the director of the Division of Family and
Children Services
of the
Department of Human Services, the director
of Women's Health Services in the
division of
public health
Division of
Public Health of the Department of
Human
Resources
Community
Health, and the Attorney
General;"
SECTION
1-18.
Code
Section 19-13-35 of the Official Code of Georgia Annotated, relating to
automatic termination provisions of the State Commission on Family Violence, is
repealed in its entirety.
SECTION
1-19.
Code
Section 19-15-4 of the Official Code of Georgia Annotated, relating to Georgia
Child Fatality Review Panel, is amended by revising subsection (c) as
follows:
"(c)
The panel shall be composed as follows:
(1)
One district attorney appointed by the Governor;
(2)
One juvenile court judge appointed by the Governor;
(3)
Two citizen members who shall be appointed by the Governor, who are not employed
by or officers of the state or any political subdivision thereof and one of whom
shall come from each of the following: (A) a state-wide child abuse prevention
organization; and (B) a state-wide childhood injury prevention
organization;
(4)
One forensic pathologist appointed by the Governor;
(5)
The chairperson of the Board of Human
Resources
Services;
(6)
The director of the Division of Family and Children Services of the Department
of Human
Resources
Services;
(7)
The director of the Georgia Bureau of Investigation;
(8)
The chairperson of the Criminal Justice Coordinating Council;
(9)
A member of the Georgia Senate appointed by the Lieutenant
Governor;
(10)
A member of the Georgia House of Representatives appointed by the Speaker of the
House of Representatives;
(11)
A local law enforcement official appointed by the Governor;
(12)
A superior court judge appointed by the Governor;
(13)
A coroner appointed by the Governor;
(14)
The Child Advocate for the Protection of Children;
(15)
The director of the Division of Public Health of the Department
of Human
Resources
Community
Health; and
(16)
The
director
commissioner
of the
Division of Mental Health, Developmental Disabilities, and Addictive Diseases of
the Department of Human Resources
behavioral
health and developmental
disabilities."
SECTION
1-20.
Code
Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital
outlay funds generally, is amended by revising paragraphs (5) and (8) of
subsection (c) as follows:
"(5)
To develop a state-wide needs assessment for purposes of planning and developing
policies, anticipating state-wide needs for educational facilities, and
providing assistance to local school systems in developing educational
facilities plans. The state-wide needs assessment shall be developed from,
among other sources, vital statistics published by the Department of
Human
Resources
Community
Health, census data published by the
Bureau of the Census, local school system educational facilities and real
property inventories, educational facilities surveys, full-time equivalent
student projection research, and educational facilities construction plans;
shall reflect circumstances where rapid population growth is caused by factors
not reflected in full-time equivalent student projection research; and shall
give priority to elementary school construction. In addition, the state board
shall develop a consistent, systematic research approach to full-time equivalent
student projections which will be used in the development of needs within each
local unit. Projections shall not be confined to full-time equivalent resident
students but shall be based on full-time equivalent student counts which include
full-time equivalent nonresident students, whether or not such full-time
equivalent nonresident students attend school pursuant to a contract between
local school systems. The full-time equivalent projection shall be calculated
in accordance with subsection (m) of this Code section. The survey team will
use such projections in determining the improvements needed for the five-year
planning period. The state board shall also develop schedules for allowable
square footage and cost per square foot and review these schedules annually.
The cost estimate for each recommended improvement included in the plan shall be
based on these schedules. Any increase in cost or square footage for a project
beyond that allowed by state board schedules for such projects shall be the
responsibility of the local school system and shall not count toward present or
future required local participation. The schedules for allowable square footage
and cost per square foot shall be specified in regulations by the State Board of
Education;"
"(8)
To coordinate construction project reviews with the state fire marshal's office
and the Department of
Human
Resources
Community
Health;"
SECTION
1-21.
Code
Section 26-4-192 of the Official Code of Georgia Annotated, relating to the
state-wide program for distribution of unused prescription drugs for the benefit
of medically indigent persons, is amended as follows:
"26-4-192.
(a)
The Georgia State Board of
Pharmacy,
the Department of Human Resources, and the
Department of Community Health shall jointly develop and implement a state-wide
program consistent with public health and safety standards through which unused
prescription drugs, other than prescription drugs defined as controlled
substances, may be transferred from health care facilities to pharmacies
designated or approved by the Department of
Human
Resources
Community
Health for the purpose of distributing
such drugs to residents of this state who are medically indigent
persons.
(b)
The Georgia State Board of
Pharmacy,
the Department of Human Resources, and the
Department of Community Health shall be authorized to develop and implement a
pilot program to determine the safest and most beneficial manner of implementing
the program prior to the state-wide implementation of the program required in
subsection (a) of this Code section.
(c)
The Georgia State Board of Pharmacy, in consultation with
the
Department of Human Resources and the
Department of Community Health, shall develop and promulgate rules and
regulations to establish procedures necessary to implement the program and pilot
program, if applicable, provided for in this Code section. The rules and
regulations shall provide, at a minimum:
(1)
For an inclusionary formulary for the prescription drugs to be distributed
pursuant to the program;
(2)
For the protection of the privacy of the individual for whom a prescription drug
was originally prescribed;
(3)
For the integrity and safe storage and safe transfer of the prescription drugs,
which may include, but shall not be limited to, limiting the drugs made
available through the program to those that were originally dispensed by unit
dose or an individually sealed dose and that remain in intact packaging;
provided, however, that the rules and regulations shall authorize the use of any
remaining prescription drugs;
(4)
For the tracking of and accountability for the prescription drugs;
and
(5)
For other matters necessary for the implementation of the program.
(d)
The state-wide program required by this Code section shall be implemented no
later than January 1, 2007, unless a pilot program is implemented pursuant to
subsection (b) of this Code section, in which case state-wide implementation
shall occur no later than July 1, 2008."
SECTION
1-22.
Code
Section 31-5-2 of the Official Code of Georgia Annotated, relating to hearings
of the Department of Human Resources, is amended as follows:
"31-5-2.
(a)
Hearings shall be required
with
respect to
for
any and all quasi-judicial actions and in any other proceeding required by this
title or the Constitution of Georgia. All such hearings shall be conducted
as provided
in this Code section
in accordance
with Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'
(b)
Where hearing is required or afforded, notice thereof as provided in this Code
section shall be given in person or by registered or certified mail or statutory
overnight delivery to all interested parties; provided, however, in proceedings
where the number of interested parties is so numerous as to make individual
notice impracticable, notice shall be given by publication or by such other
means reasonably calculated to afford actual notice as may be prescribed by the
agency or person conducting such hearing. All notices shall state (1) the time
and place of hearing and nature thereof and (2) the matters of fact and law
asserted and must be given at least five days before the day set for hearing
unless the agency determines that an imminent threat to the public health exists
which requires shorter notice.
(c)
All interested parties at such hearings shall have, upon request, compulsory
process as provided in Code Section 31-5-4 and shall have the right to adduce
evidence and conduct cross-examination of all adverse witnesses. Any member of
the department or county boards of health, as the case may be, their authorized
officials or agents, or any attorney at law may administer oaths to all
witnesses. No witness shall be abused while under examination or required to
incriminate himself. Where possible, all evidence and proceedings shall be
reported.
(d)
The department is authorized and empowered to employ and appoint hearing
examiners to conduct hearings, issue compulsory process, administer oaths, and
submit their findings and recommendations to the appointing agency; provided,
however, that any such examiner shall be a member in good standing of the State
Bar of Georgia. A county board of health is authorized and empowered to direct
its director or the director's appointee to conduct hearings, issue compulsory
process, administer oaths, and submit his
findings
and recommendations to the county board of health. In both of such cases, the
examiner and director or the director's appointee shall make the report
available to all interested parties, and such parties are permitted to file
written exception thereto prior to final decision
thereon."
SECTION
1-23.
Code
Section 31-6-21.1 of the Official Code of Georgia Annotated, relating to
procedures for rule making by the Department of Community Health, is amended by
adding a new subsection to the end of the Code section to read as
follows:
"(j)
This Code section shall apply only to rules adopted pursuant to this
chapter."
SECTION
1-24.
Code
Section 31-6-47 of the Official Code of Georgia Annotated, relating to
exemptions from certificate of need requirements, is amended by revising
division (a)(18)(A)(ii) as follows:
"(ii)
Is the only single specialty ambulatory surgical center in the county owned by
the group practice and has two or fewer operating rooms; provided, however, that
a center exempt pursuant to this
paragraph
division
shall be required to obtain a certificate of need in order to add any additional
operating rooms;"
SECTION
1-25.
Code
Section 31-6-48 of the Official Code of Georgia Annotated, relating to the
abolishment of prior entities and the transfer of contractual obligations, is
amended as follows:
"31-6-48.
The
State Health Planning and Development Agency, the State-wide Health Coordinating
Council, and the State Health Planning Review Board existing immediately prior
to July 1, 1983, are abolished, and their respective successors on and after
July 1, 1983, shall be the Health Planning Agency, the Health Policy Council,
and the Health Planning Review Board, as established in this chapter, except
that on and after July 1, 1991, the Health Strategies Council shall be the
successor to the Health Policy Council, and except that on and after July 1,
1999, the Department of Community Health shall be the successor to the Health
Planning Agency, and except that on and after July 1, 2008, the Board of
Community Health shall be the successor to the duties of the Health Strategies
Council with respect to adoption of the state health plan, and except that on
June 30, 2008, the Health Planning Review Board is abolished and the terms of
all members on such board on such date shall automatically terminate and the
Certificate of Need Appeal Panel shall be the successor to the duties of the
Health Planning Review Board on such date. For purposes of any existing
contract with the federal government, or federal law referring to such abolished
agency, council, or board, the successor department, council, or board
established in this chapter or in Chapter
5A
2
of this title shall be deemed to be the abolished agency, council, or board and
shall succeed to the abolished agency's, council's, or board's functions. The
State Health Planning and Development Commission is
abolished."
SECTION
1-26.
Code
Section 31-7-2.2 of the Official Code of Georgia Annotated, relating to
determination that patients or residents in an institution, community living
arrangement, or treatment program are in danger, is amended as
follows:
"31-7-2.2.
(a)(1)
The commissioner may order the emergency relocation of patients or residents
from an institution subject to licensure under this chapter, a community living
arrangement subject to licensure under paragraph
(16)(8)
of subsection
(b)(d)
and
subsection (c) of Code Section
37-1-20
31-2-4,
or a drug abuse treatment and education program subject to licensure under
Chapter 5 of Title 26 when the commissioner has determined that the patients or
residents are subject to an imminent and substantial danger.
(2)
When an order is issued under this subsection, the commissioner shall provide
for:
(A)
Notice to the patient or resident, his or her next of kin or guardian, and his
or her physician of the emergency relocation and the reasons
therefor;
(B)
Relocation to the nearest appropriate institution, community living arrangement,
or drug abuse treatment and education program; and
(C)
Other protection designed to ensure the welfare and, when possible, the desires
of the patient or resident.
(b)(1)
The commissioner may order the emergency placement of a monitor in an
institution subject to licensure under this chapter, a community living
arrangement subject to licensure under paragraph
(16)(8)
of subsection
(b)(d)
and
subsection (c) of Code Section
37-1-20
31-2-4,
or a drug abuse treatment and education program subject to licensure under
Chapter 5 of Title 26 when one or more of the following conditions are
present:
(A)
The institution, community living arrangement, or drug abuse treatment and
education program is operating without a permit or a license;
(B)
The department has denied application for a permit or a license or has initiated
action to revoke the existing permit or license of the institution, community
living arrangement, or drug abuse treatment and education program;
(C)
The institution, community living arrangement, or drug abuse treatment and
education program is closing or plans to close and adequate arrangements for
relocation of the patients or residents have not been made at least 30 days
before the date of closure; or
(D)
The health, safety, security, rights, or welfare of the patients or residents
cannot be adequately assured by the institution, community living arrangement,
or drug abuse treatment and education program.
(2)
A monitor may be placed, pursuant to this subsection, in an institution,
community living arrangement, or drug abuse treatment and education program for
no more than ten days, during which time the monitor shall observe conditions
and compliance with any recommended remedial action of the department by the
institution, community living arrangement, or drug abuse treatment and education
program. The monitor shall report to the department. The monitor shall not
assume any administrative responsibility within the institution, community
living arrangement, or drug abuse treatment and education program nor shall the
monitor be liable for any actions of the institution, community living
arrangement, or drug abuse treatment and education program. The costs of
placing a monitor in an institution, community living arrangement, or drug abuse
treatment and education program shall be paid by the institution, community
living arrangement, or drug abuse treatment and education program unless the
order placing the monitor is determined to be invalid in a contested case
proceeding under subsection (d) of this Code section, in which event the costs
shall be paid by the state.
(c)(1)
The commissioner may order the emergency prohibition of admissions to an
institution subject to licensure under this chapter, a community living
arrangement subject to licensure under paragraph
(16)(8)
of subsection
(b)(d)
and
subsection (c) of Code Section
37-1-20
31-2-4,
or program subject to licensure under Chapter 5 of Title 26 when
an
such
institution, community living arrangement, or drug abuse treatment and education
program has failed to correct a violation of departmental permit rules or
regulations within a reasonable period of time, as specified in the department's
corrective order, and the violation:
(A)
Could jeopardize the health and safety of the residents or patients in the
institution, community living arrangement, or drug abuse treatment and education
program if allowed to remain uncorrected; or
(B)
Is a repeat violation over a 12 month period, which is intentional or due to
gross negligence.
(2)
Admission to an institution, community living arrangement, or drug abuse
treatment and education program may be suspended until the violation has been
corrected or until the department has determined that the institution, community
living arrangement, or drug abuse treatment and education program has undertaken
the action necessary to effect correction of the violation.
(d)
The commissioner may issue emergency orders pursuant to this Code section only
if authorized by rules and regulations of the department. Unless otherwise
provided in the order, an emergency order shall become effective immediately.
The department shall hold a preliminary hearing within ten days following a
request therefor by any institution, community living arrangement, or drug abuse
treatment and education program affected by an emergency order. If at the
preliminary hearing the order is determined by the department to be invalid,
that order shall thereupon become void and of no effect. If at the preliminary
hearing the order is determined by the department to be valid, that
determination shall constitute a contested case under Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act,' and that order shall remain in
effect until determined invalid in a proceeding regarding the contested case or
until rescinded by the commissioner, whichever is earlier. For purposes of this
subsection, an emergency order is valid only if the order is authorized to be
issued under this Code section and rules and regulations relating
thereto.
(e)
The powers provided by this Code section are cumulative of all other powers of
the department, board, and commissioner."
SECTION
1-27.
Code
Section 31-7-12 of the Official Code of Georgia Annotated, relating to
regulation of personal care homes, is amended by revising paragraph (1) of
subsection (a) as follows:
"(1)
'Personal care home' means any dwelling, whether operated for profit or not,
which undertakes through its ownership or management to provide or arrange for
the provision of housing, food service, and one or more personal services for
two or more adults who are not related to the owner or administrator by blood or
marriage. This term shall not include host homes, as defined in paragraph
(16)(18)
of subsection (b) of Code Section 37-1-20."
SECTION
1-28.
Code
Section 31-7-17 of the Official Code of Georgia Annotated, relating to licensure
and regulation of hospitals and related institutions transferred to Department
of Community Health, is amended as follows:
"31-7-17.
(a)
Effective July 1, 2009, all matters relating to the licensure and regulation of
hospitals and related institutions pursuant to this article shall be transferred
from the Department of Human Resources
(now known as
the Department of Human Services) to the
Department of Community Health.
(b)
The Department of Community Health shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the Department of Human
Resources that are in effect on June 30, 2009, or scheduled to go into effect on
or after July 1, 2009, and which relate to the functions transferred to the
Department of Community Health pursuant to this Code section and shall further
succeed to any rights, privileges, entitlements, obligations, and duties of the
Department of Human Resources that are in effect on June 30, 2009, which relate
to the functions transferred to the Department of Community Health pursuant to
this Code section. Such rules, regulations, policies, procedures, and
administrative orders shall remain in effect until amended, repealed,
superseded, or nullified by the Department of Community Health by proper
authority or as otherwise provided by law.
(c)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2009, by
the Department of Human Resources which relate to the functions transferred to
the Department of Community Health pursuant to this Code section shall continue
to exist; and none of these rights, privileges, entitlements, and duties are
impaired or diminished by reason of the transfer of the functions to the
Department of Community Health. In all such instances, the Department of
Community Health shall be substituted for the Department of Human Resources, and
the Department of Community Health shall succeed to the rights and duties under
such contracts, leases, agreements, and other transactions.
(d)
All persons employed by the Department of Human Resources in capacities which
relate to the functions transferred to the Department of Community Health
pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become
employees of the Department of Community Health in similar capacities, as
determined by the commissioner of community health. Such employees shall be
subject to the employment practices and policies of the Department of Community
Health on and after July 1, 2009, but the compensation and benefits of such
transferred employees shall not be reduced as a result of such transfer.
Employees who are subject to the rules of the State Personnel Board and thereby
under the State Merit System of Personnel Administration and who are transferred
to the department shall retain all existing rights under the State Merit System
of Personnel Administration. Retirement rights of such transferred employees
existing under the Employees' Retirement System of Georgia or other public
retirement systems on June 30, 2009, shall not be impaired or interrupted by the
transfer of such employees and membership in any such retirement system shall
continue in the same status possessed by the transferred employees on June 30,
2009. Accrued annual and sick leave possessed by said employees on June 30,
2009, shall be retained by said employees as employees of the Department of
Community Health."
SECTION
1-29.
Code
Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding
of medical education provided by hospital authorities and designated teaching
hospitals, is amended by revising subsection (a) as follows:
"(a)
As used in this Code section, the term:
(1)
'Designated teaching hospital' means a teaching hospital operated by other than
a hospital authority, which hospital agrees to contract with the state to offer
or continue to offer a residency program approved by the American Medical
Association, which program has at least 50 residents and which hospital operates
a 24 hour, seven-day-per-week emergency room open to the public and which
hospital files a semiannual statistical report consistent with those filed by
other state funded tertiary, neonatal, obstetrical centers with the
Family
Health Section of the Department of Human
Resources
Department of
Community Health.
(2)
'Hospital authority' means a hospital authority operating a teaching hospital
which offers a residency program approved by the American Medical
Association.
(3)
'Resident' means a physician receiving medical education and training through a
teaching hospital operated by a hospital authority or designated teaching
hospital."
SECTION
1-30.
Code
Section 31-7-159 of the Official Code of Georgia Annotated, relating to
licensure and regulation of home health agencies transferred to Department of
Community Health, is amended as follows:
"31-7-159.
(a)
Effective July 1, 2009, all matters relating to the licensure and regulation of
home health agencies pursuant to this article shall be transferred from the
Department of Human Resources
(now known as
the Department of Human Services) to the
Department of Community Health.
(b)
The Department of Community Health shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the Department of Human
Resources that are in effect on June 30, 2009, or scheduled to go into effect on
or after July 1, 2009, and which relate to the functions transferred to the
Department of Community Health pursuant to this Code section and shall further
succeed to any rights, privileges, entitlements, obligations, and duties of the
Department of Human Resources that are in effect on June 30, 2009, which relate
to the functions transferred to the Department of Community Health pursuant to
this Code section. Such rules, regulations, policies, procedures, and
administrative orders shall remain in effect until amended, repealed,
superseded, or nullified by the Department of Community Health by proper
authority or as otherwise provided by law.
(c)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2009, by
the Department of Human Resources which relate to the functions transferred to
the Department of Community Health pursuant to this Code section shall continue
to exist; and none of these rights, privileges, entitlements, and duties are
impaired or diminished by reason of the transfer of the functions to the
Department of Community Health. In all such instances, the Department of
Community Health shall be substituted for the Department of Human Resources, and
the Department of Community Health shall succeed to the rights and duties under
such contracts, leases, agreements, and other transactions.
(d)
All persons employed by the Department of Human Resources in capacities which
relate to the functions transferred to the Department of Community Health
pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become
employees of the Department of Community Health in similar capacities, as
determined by the commissioner of community health. Such employees shall be
subject to the employment practices and policies of the Department of Community
Health on and after July 1, 2009, but the compensation and benefits of such
transferred employees shall not be reduced as a result of such transfer.
Employees who are subject to the rules of the State Personnel Board and thereby
under the State Merit System of Personnel Administration and who are transferred
to the department shall retain all existing rights under the State Merit System
of Personnel Administration. Retirement rights of such transferred employees
existing under the Employees' Retirement System of Georgia or other public
retirement systems on June 30, 2009, shall not be impaired or interrupted by the
transfer of such employees and membership in any such retirement system shall
continue in the same status possessed by the transferred employees on June 30,
2009. Accrued annual and sick leave possessed by said employees on June 30,
2009, shall be retained by said employees as employees of the Department of
Community Health."
SECTION
1-31.
Code
Section 31-7-265 of the Official Code of Georgia Annotated, relating to facility
licensing and employee records checks for personal care homes transferred to
Department of Community Health, is amended as follows:
"31-7-265.
(a)
Effective July 1, 2009, all matters relating to facility licensing and employee
records checks for personal care homes pursuant to this article shall be
transferred from the Department of Human Resources
(now known as
the Department of Human Services) to the
Department of Community Health.
(b)
The Department of Community Health shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the Department of Human
Resources that are in effect on June 30, 2009, or scheduled to go into effect on
or after July 1, 2009, and which relate to the functions transferred to the
Department of Community Health pursuant to this Code section and shall further
succeed to any rights, privileges, entitlements, obligations, and duties of the
Department of Human Resources that are in effect on June 30, 2009, which relate
to the functions transferred to the Department of Community Health pursuant to
this Code section. Such rules, regulations, policies, procedures, and
administrative orders shall remain in effect until amended, repealed,
superseded, or nullified by the Department of Community Health by proper
authority or as otherwise provided by law.
(c)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2009, by
the Department of Human Resources which relate to the functions transferred to
the Department of Community Health pursuant to this Code section shall continue
to exist; and none of these rights, privileges, entitlements, and duties are
impaired or diminished by reason of the transfer of the functions to the
Department of Community Health. In all such instances, the Department of
Community Health shall be substituted for the Department of Human Resources, and
the Department of Community Health shall succeed to the rights and duties under
such contracts, leases, agreements, and other transactions.
(d)
All persons employed by the Department of Human Resources in capacities which
relate to the functions transferred to the Department of Community Health
pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become
employees of the Department of Community Health in similar capacities, as
determined by the commissioner of community health. Such employees shall be
subject to the employment practices and policies of the Department of Community
Health on and after July 1, 2009, but the compensation and benefits of such
transferred employees shall not be reduced as a result of such transfer.
Employees who are subject to the rules of the State Personnel Board and thereby
under the State Merit System of Personnel Administration and who are transferred
to the department shall retain all existing rights under the State Merit System
of Personnel Administration. Retirement rights of such transferred employees
existing under the Employees' Retirement System of Georgia or other public
retirement systems on June 30, 2009, shall not be impaired or interrupted by the
transfer of such employees and membership in any such retirement system shall
continue in the same status possessed by the transferred employees on June 30,
2009. Accrued annual and sick leave possessed by said employees on June 30,
2009, shall be retained by said employees as employees of the Department of
Community Health."
SECTION
1-32.
Code
Section 31-7-308 of the Official Code of Georgia Annotated, relating to
licensure and regulation of private home care providers transferred to
Department of Community Health, is amended as follows:
"31-7-308.
(a)
Effective July 1, 2009, all matters relating to the licensure and regulation of
private home care providers pursuant to this article shall be transferred from
the Department of Human Resources
(now known as
the Department of Human Services) to the
Department of Community Health.
(b)
The Department of Community Health shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the Department of Human
Resources that are in effect on June 30, 2009, or scheduled to go into effect on
or after July 1, 2009, and which relate to the functions transferred to the
Department of Community Health pursuant to this Code section and shall further
succeed to any rights, privileges, entitlements, obligations, and duties of the
Department of Human Resources that are in effect on June 30, 2009, which relate
to the functions transferred to the Department of Community Health pursuant to
this Code section. Such rules, regulations, policies, procedures, and
administrative orders shall remain in effect until amended, repealed,
superseded, or nullified by the Department of Community Health by proper
authority or as otherwise provided by law.
(c)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2009, by
the Department of Human Resources which relate to the functions transferred to
the Department of Community Health pursuant to this Code section shall continue
to exist; and none of these rights, privileges, entitlements, and duties are
impaired or diminished by reason of the transfer of the functions to the
Department of Community Health. In all such instances, the Department of
Community Health shall be substituted for the Department of Human Resources, and
the Department of Community Health shall succeed to the rights and duties under
such contracts, leases, agreements, and other transactions.
(d)
All persons employed by the Department of Human Resources in capacities which
relate to the functions transferred to the Department of Community Health
pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become
employees of the Department of Community Health in similar capacities, as
determined by the commissioner of community health. Such employees shall be
subject to the employment practices and policies of the Department of Community
Health on and after July 1, 2009, but the compensation and benefits of such
transferred employees shall not be reduced as a result of such transfer.
Employees who are subject to the rules of the State Personnel Board and thereby
under the State Merit System of Personnel Administration and who are transferred
to the department shall retain all existing rights under the State Merit System
of Personnel Administration. Retirement rights of such transferred employees
existing under the Employees' Retirement System of Georgia or other public
retirement systems on June 30, 2009, shall not be impaired or interrupted by the
transfer of such employees and membership in any such retirement system shall
continue in the same status possessed by the transferred employees on June 30,
2009. Accrued annual and sick leave possessed by said employees on June 30,
2009, shall be retained by said employees as employees of the Department of
Community Health."
SECTION
1-33.
Code
Section 31-8-82 of the Official Code of Georgia Annotated, relating to reporting
abuse or exploitation of a resident in a long-term care facility, is amended by
revising subsection (a) as follows:
"(a)
Any:
(1)
Administrator, manager, physician, nurse, nurse's aide, orderly, or other
employee in a hospital or facility;
(2)
Medical examiner, dentist, osteopath, optometrist, chiropractor, podiatrist,
social worker, coroner, clergyman, police officer, pharmacist, physical
therapist, or psychologist; or
(3)
Employee of a public or private agency engaged in professional services to
residents or responsible for inspection of long-term care
facilities
who
has knowledge that any resident or former resident has been abused or exploited
while residing in a long-term care facility shall immediately make a report as
described in subsection (c) of this Code section by telephone or in person to
the department. In the event that an immediate report to the department is not
possible, the person shall make the report to the appropriate law enforcement
agency. Such person shall also make a written report to the
Department
of Human Resources
department
within 24 hours after making the initial report."
SECTION
1-34.
Code
Section 31-8-192 of the Official Code of Georgia Annotated, relating to
definitions relative to the "'Health Share' Volunteers in Medicine Act," is
amended by revising subparagraph (D) of paragraph (6) as follows:
"(D)
Any client or beneficiary of the
department,
or
the Department of Human
Resources
Services, or
the Department of Behavioral Health and Developmental
Disabilities who voluntarily chooses to
participate in a program offered or approved by the
department,
or
the Department of Human
Resources
Services, or
the Department of Behavioral Health and Developmental
Disabilities and meets the program
eligibility guidelines of the
department,
or
the Department of Human
Resources
Services, or
the Department of Behavioral Health and Developmental
Disabilities whose family income does not
exceed 200 percent of the federal poverty level as defined annually by the
federal Office of Management and Budget."
SECTION
1-35.
Code
Section 31-11-2 of the Official Code of Georgia Annotated, relating to
definitions relative to emergency medical services, is amended by revising
paragraphs (3), (5), and (6.1) as follows:
"(3)
'Ambulance provider' means an agency or company providing ambulance service
which is operating under a valid license from the Emergency Health Section of
the Division of Public Health of the Department of
Human
Resources
Community
Health."
"(5)
'Cardiac technician' means a person who, having been trained and certified as an
emergency medical technician and having completed additional training in
advanced cardiac life support techniques in a training course approved by the
department, is so certified by the Composite State Board of Medical Examiners
prior to January 1, 2002, or the Department of Human Resources
(now known as
the Department of Community Health for these
purposes) on and after January 1,
2002."
"(6.1)
'Department' means the Department of
Human
Resources
Community
Health."
SECTION
1-36.
Code
Section 31-11-50 of the Official Code of Georgia Annotated, relating to medical
advisers relative to emergency medical services, is amended by revising
subsection (a) as follows:
"(a)
To enhance the provision of emergency medical care, each ambulance service shall
be required to have a medical adviser. The adviser shall be a physician
licensed to practice medicine in this state and subject to approval by the
medical consultant of the Emergency Health Section of the Division of
Physical
Public
Health of the
Department
of Human Resources
Department of
Community Health. Ambulance services
unable to obtain a medical adviser, due to unavailability or refusal of
physicians to act as medical advisers, may request the district health director
or his or
her designee to act as medical adviser
until the services of a physician are available."
SECTION
1-37.
Code
Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to
automated external defibrillator program, is amended by revising paragraph (1)
of subsection (b) as follows:
"(1)
It is recommended that all persons who have access to or use an automated
external defibrillator obtain appropriate training as set forth in the
Rules and
Regulations
rules and
regulations of the Department of
Community
Health
Human
Resources Chapter 290-5-30. It is further
recommended that such training include at a minimum the successful completion
of:
(A)
A nationally recognized health care provider/professional rescuer level
cardiopulmonary resuscitation course; and
(B)
A department established or approved course which includes demonstrated
proficiency in the use of an automated external
defibrillator;"
SECTION
1-38.
Code
Section 31-13-25 of the Official Code of Georgia Annotated, relating to rules,
regulations, agreements, and contracts formerly under the Department of Human
Resources with respect to radiation control, is amended as follows:
"31-13-25.
All
rules and regulations, agreements, contracts, or other instruments which involve
radioactive materials heretofore under the jurisdiction of the Department of
Human Resources
(now known as
the Department of Community Health for these
purposes) will, by operation of law, be
assumed by the Department of Natural Resources on April 4,
1990."
SECTION
1-39.
Code
Section 31-15-4 of the Official Code of Georgia Annotated, relating to a cancer
control officer, is amended as follows:
"31-15-4.
The
commissioner shall appoint a cancer control officer. The cancer control officer
shall be a physician licensed to practice medicine under Chapter 34 of Title 43
and
must
shall
be knowledgeable in the field of medicine covered by this chapter. He
or
she shall administer the cancer program
for the Division of
Physical
Public
Health of the
Department
of Human Resources
Department of
Community Health in compliance with this
chapter. He
or
she shall be provided an office with
clerical and administrative assistance to carry out this
program."
SECTION
1-40.
Code
Section 33-21-20.1 of the Official Code of Georgia Annotated, relating to
regulation of health maintenance organizations by the commissioner of human
resources, is amended as follows:
"33-21-20.1.
On
May 13, 2004, all health maintenance organizations meeting the requirements of
subsection (b.1) of Code Section 33-21-3 shall not be subject to regulation by
the commissioner of human resources
(now known as
the commissioner of community health for these
purposes). Upon the Commissioner of
Insurance's determination that a health maintenance organization no longer meets
the requirements of subsection (b.1) of Code Section 33-21-3, the Commissioner
shall immediately notify the commissioner of
human
resources
community
health; and such health maintenance
organization shall be subject to regulation by the commissioner of
human
resources
community
health until such time as it again meets
the requirements of subsection (b.1) of Code Section 33-21-3 as determined by
the Commissioner of Insurance."
SECTION
1-41.
Code
Section 33-24-56.3 of the Official Code of Georgia Annotated, relating to
colorectal cancer screening and testing, is amended by revising paragraph (1) of
subsection (a) as follows:
"(1)
'Health benefit policy' means any individual or group plan, policy, or contract
for health care services issued, delivered, issued for delivery, executed, or
renewed by an insurer in this state on or after July 1, 2002, including, but not
limited to, those contracts executed by the Department of Community Health
pursuant to paragraph (1) of subsection
(f)(d)
of Code Section
31-5A-4
31-2-4.
The term 'health benefit policy' does not include the following limited benefit
insurance policies: accident only, CHAMPUS supplement, dental, disability
income, fixed indemnity, long-term care, medicare supplement, specified disease,
vision, and nonrenewable individual policies written for a period of less than
six months."
SECTION
1-42.
Code
Section 33-24-59.2 of the Official Code of Georgia Annotated, relating to
insurance coverage for equipment and self-management training for individuals
with diabetes, is amended by revising subsection (b) as follows:
"(b)(1)
Diabetes outpatient self-management training and education as provided for in
subsection (a) of this Code section shall be provided by a certified,
registered, or licensed health care professional with expertise in
diabetes.
(2)
The office of the Commissioner of Insurance shall promulgate rules and
regulations after consultation with the Department of
Human
Resources
Community
Health which conform to the current
standards for diabetes outpatient self-management training and educational
services established by the American Diabetes Association for purposes of this
Code section.
(3)
The office of the Commissioner of Insurance shall promulgate rules and
regulations, relating to standards of diabetes care, to become effective July
1, 2002, after consultation with the Department of Human Resources
(now known as
the Department of Community Health for these
purposes), the American Diabetes
Association, and the National Institutes of Health. Such rules and regulations
shall be adopted in accordance with the provisions of Code Section
33-2-9."
SECTION
1-43.
Code
Section 33-45-3 of the Official Code of Georgia Annotated, relating to
certificates of authority required for operation of continuing care facilities,
is amended as follows:
"33-45-3.
Nothing
in this title or chapter shall be deemed to authorize any provider of a
continuing care facility to transact any insurance business other than that of
continuing care insurance or otherwise to engage in any other type of insurance
unless it is authorized under a certificate of authority issued by the
department under this title. Nothing in this chapter shall be construed so as
to interfere with the jurisdiction of
the
Department of Human Resources, the
Department of Community
Health,
or any other regulatory body exercising authority over continuing care
providers."
SECTION
1-44.
Code
Section 43-10A-7 of the Official Code of Georgia Annotated, relating to
licensing requirements for professional counselors, social workers, and marriage
and family therapists, is amended by revising paragraphs (3) and (12) of
subsection (b) as follows:
"(3)(A)
Persons who, prior to July 1, 2000, engaged in the practice of a specialty as an
employee of any community service board or similar entity created by general law
to provide services to persons with disabilities, as defined in Chapter 2 of
Title 37, or any agency or department of the state or any of its political
subdivisions, but only when engaged in that practice as an employee of such an
agency or department.
(B)
Persons who engage in the practice of social work as employees of any community
service board or similar entity created by general law to provide services to
persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or
department of the state or any of its political subdivisions, but only when
engaged in that practice as employees of such community service board or similar
entity, agency, or department, and persons or entities which contract to provide
social work services with any community service board or similar entity or any
agency or department of the state or any of its political subdivisions, but such
contracting persons and entities shall only be exempt under this subparagraph
when engaged in providing social work services pursuant to those contracts and
shall only be exempt until January 1, 1996.
(C)
Persons who engage in the practice of professional counseling as employees of
privately owned correctional facilities, the Department of Corrections,
Department of
Human
Resources
Community
Health, Department of Behavioral Health and Developmental Disabilities,
Department of Human Services, any county
board of health, or any community service board or similar entity created by
general law to provide services to persons with disabilities, as defined in
Chapter 2 of Title 37, but only when engaged in that practice as employees of
such privately owned correctional facility, department, board, or entity and
persons or entities which contract to provide professional counseling services
with such department or
county
board of health, but such contracting persons and entities shall only be exempt
under this subparagraph when engaged in providing professional counseling
services pursuant to those contracts and shall only be exempt until January 1,
1996;"
"(12)
Persons engaged in the practice of a specialty as an employee of the Division of
Family and Children Services of the Department of Human
Resources
Services
but only when engaged in such practice as an employee of that
division;"
SECTION
1-45.
Code
Section 43-26-51 of the Official Code of Georgia Annotated, relating to the
purpose of the "Georgia Qualified Medication Aide Act," is amended as
follows:
"43-26-51.
The
purpose of this article is to protect, promote, and preserve the public health,
safety, and welfare through the delegation of certain activities performed by
registered professional nurses and licensed practical nurses to persons who are
certified as qualified medication aides and who are employed by and working in
community living arrangements established by the Department of
Human
Resources
Community
Health pursuant to
paragraphs
(15) and (16)
paragraph
(8) of subsection
(b)(d)
of Code Section
37-1-20
31-2-4."
SECTION
1-46.
Code
Section 43-26-52 of the Official Code of Georgia Annotated, relating to
definitions relative to the "Georgia Qualified Medication Aide Act," is amended
by revising paragraph (3) as follows:
"(3)
'Community living arrangement' means any residence, whether operated for profit
or not for profit, which undertakes through its ownership or management to
provide or arrange for the provision of daily personal services, support, care,
or treatment exclusively for two or more adults who are not related to the owner
or administrator by blood or marriage which is established by the Department of
Human
Resources
Community
Health pursuant to paragraph
(16)(8)
of subsection
(b)(d)
of Code Section
37-1-20
31-2-4
and whose services are financially supported, in whole or part, by funds
authorized through the
Division of
Mental Health, Developmental Disabilities, and Addictive Diseases of the
Department of Human Resources
Department of
Behavioral Health and Developmental
Disabilities. A community living
arrangement is also referred to as a 'residence.'"
SECTION
1-47.
Code
Section 43-27-2 of the Official Code of Georgia Annotated, relating to the
creation of the State Board of Nursing Home Administrators, is amended as
follows:
"43-27-2.
(a)
There is created the State Board of Nursing Home Administrators, which shall
consist of 13 members, none of whom may be employees of the United States
government or of this state, and the commissioner of human
resources
services
or his or
her designee, who shall serve as ex
officio member of the board, and the commissioner of community health or his
or
her designee, who shall serve as ex
officio member of the board. The members of the board shall be appointed by the
Governor and confirmed by the Senate, as follows:
(1)
One member who is a licensed medical doctor in this state and who is not a
nursing home administrator or pecuniarily interested in any nursing
home;
(2)
One member who is a registered nurse in this state and who is not a nursing home
administrator or pecuniarily interested in any nursing home;
(3)
One member who is an educator with a graduate degree and specializing in the
field of gerontology and who is not a nursing home administrator or pecuniarily
interested in any nursing home;
(4)
Three members of the public at large who are not nursing home administrators or
pecuniarily interested in any nursing home or have any connection with the
nursing home industry whatsoever. Two of these three
public-at-large
public,
at-large positions shall be appointed from
a list of three persons for each of these two positions submitted by the Board
of Human
Resources
Community
Health. The Governor is vested with
complete discretion in appointing the third member for one of these three
public-at-large
public,
at-large positions;
(5)
One member who is a hospital administrator in this state, who is the holder of a
master's degree in hospital administration, and who is not a nursing home
administrator or pecuniarily interested in any nursing home; and
(6)
Six members, at least one of whom shall represent nonproprietary nursing homes,
who are licensed nursing home administrators in this state.
(b)
The term for all members shall be three years from the date of appointment. A
member may be removed as provided in Code Section 43-1-17. All vacancies shall
be filled by the Governor for the unexpired terms in accordance with the
requirements for appointment to the vacant position."
SECTION
1-48.
Code
Section 43-27-5 of the Official Code of Georgia Annotated, relating to general
powers and duties of the State Board of Nursing Home Administrators, is amended
by revising paragraph (4) of subsection (a) as follows:
"(4)
To initiate investigations for the purpose of discovering violations by a
nursing home administrator of the rules, regulations, or statutes of the
Department of Community Health or the Department of Human
Resources
Services,
provided that the board shall investigate those violations only after
revocation, limitation, or restriction of participation of the nursing home of
which such individual is the administrator in the medical assistance program or
the license issued by the Department of
Human
Resources
Community
Health and make written findings as to the
causes of the alleged violations;"
SECTION
1-49.
Code
Section 45-9-1 of the Official Code of Georgia Annotated, relating to general
provisions relative to insuring and indemnification of state officers and
employees, is amended by revising subsection (c) as follows:
"(c)
For the purpose of this article, the term 'agency' shall specifically include,
but shall not be limited to, public retirement systems of state-wide application
established by the laws of this state, but shall not include counties or
municipalities; provided, however, that the employees of community service
boards, county departments of health, and county departments of family and
children services as well as the members of the boards of said departments shall
be considered to be state employees or officials for the purpose of this
article. In order to facilitate the administration of liability coverage or
other insurance coverages provided the community service
boards,
county departments of health, and county departments of family and children
services, the Department of
Human
Resources
Behavioral
Health and Developmental Disabilities
must
shall
designate a central office which
will
shall
be responsible for obtaining, submitting, and collecting all underwriting
information and insurance premiums requested and assessed by the Department of
Administrative Services.
In order to
facilitate the administration of liability coverage or other insurance coverages
provided county departments of family and children services, the Department of
Human Services shall designate a central office which shall be responsible for
obtaining, submitting, and collecting all underwriting information and insurance
premiums requested and assessed by the Department of Administrative Services.
In order to facilitate the administration of liability coverage or other
insurance coverages provided county departments of health, the Department of
Community Health shall designate a central office which shall be responsible for
obtaining, submitting, and collecting all underwriting information and insurance
premiums requested and assessed by the Department of Administrative
Services."
SECTION
1-50.
Code
Section 45-9-110 of the Official Code of Georgia Annotated, relating to
authorization for consolidation of unemployment compensation claim matters under
the commissioner of administrative services, is amended by revising subsection
(d) as follows:
"(d)
The commissioner of administrative services shall have the authority to provide
unemployment compensation benefits insurance to all of the county departments of
health, county departments of family and children services, and community
service boards. The commissioner of
human
resources
community
health shall establish a procedure to
provide the Department of Administrative Services all of the underwriting
information required, including but not limited to payroll data each quarter for
the service centers, and shall collect the unemployment premium from
such boards
and departments
county
departments of health and remit the
premium to the Department of Administrative Services.
The
commissioner of human services shall establish a procedure to provide the
Department of Administrative Services all of the underwriting information
required, including but not limited to payroll data each quarter for the service
centers, and shall collect the unemployment premium from county departments of
family and children services and remit the premium to the Department of
Administrative Services. The commissioner of behavioral health and
developmental disabilities shall establish a procedure to provide the Department
of Administrative Services all of the underwriting information required,
including but not limited to payroll data each quarter for the service centers,
and shall collect the unemployment premium from community service boards and
remit the premium to the Department of Administrative
Services. All of the county departments
of health, county departments of family and children services, and community
service boards shall participate in such unemployment compensation benefit
insurance program."
SECTION
1-51.
Code
Section 46-4-154 of the Official Code of Georgia Annotated, relating to notice
of election, unbundling, rates, application requirements, and surcharge on
interruptibles under the "Natural Gas Competition and Deregulation Act," is
amended by revising subsection (e) as follows:
"(e)
The commission shall establish a surcharge on all customers receiving
interruptible service over the electing distribution company's distribution
system sufficient to ensure that such customers will pay an equitable share of
the cost of the distribution system over which such customers receive service.
The commission is authorized to direct the electing distribution company or the
marketers to collect such surcharge directly from the customers. Such surcharge
shall be paid promptly upon receipt into the universal service fund. This
surcharge shall not be applied to any hospital that has a medicare and Medicaid
payor mix of at least 30 percent and has uncompensated writeoffs for the
provision of charity, indigent, and free health care services of not less than 5
percent of such hospital's annual operating expenses based on the annual
hospital surveys by
the
Division of Health Planning of the
Department of Community Health. This surcharge shall not be applied to any
institution or property enumerated in Code Section 50-16-3, or administered or
regulated under authority granted by Code Section 42-2-5 or 49-4A-6 or by
Chapter 9 of Title 50."
SECTION
1-52.
Code
Section 49-4-142 of the Official Code of Georgia Annotated, relating to adoption
and administration of a state plan for medical assistance by the Department of
Community Health, is amended by revising subsection (b) as follows:
"(b)
The department shall, not later than June 1, 1986, implement a modification of
the state plan for medical assistance or any affected rules or regulations of
the department, which modification will allow supplementation by relatives or
other persons for a private room or private sitter or both for a recipient of
medical assistance in a nursing home.
The
Department of Human Resources shall likewise modify any affected rules and
regulations of the Department of Human
Resources. The modification to the plan
or to any affected rules and regulations shall be effective unless and until
federal authorities rule that such modification is out of compliance with
federal regulations. Such modification of the state plan for medical assistance
or rules and regulations:
(1)
Shall provide that a provider of nursing home services in either a skilled care
facility or an intermediate care facility shall be obligated to provide a
recipient of medical assistance only semiprivate accommodations which meet the
other requirements of appropriate regulations;
(2)
Shall provide that at no time can more than 10 percent of a skilled care or
intermediate care facility's rooms be used for Medicaid recipients for whom a
private room supplementation has been made;
(3)
Shall provide that payments made by relatives or other persons to a provider of
medical assistance for the specific stated purpose of paying the additional
costs for a private room or private sitter or both for a recipient of medical
assistance in a skilled care facility or intermediate care facility shall not be
considered as income when determining the amount of patient liability toward
vendor payments; provided, however, that the department's entitlement to
payments made by legally liable third parties shall not be diminished by this
modification of the state plan;
(4)
Shall provide that no provider of medical assistance shall discriminate against
a recipient of medical assistance who does not have a relative or other person
who is willing and able to provide supplementation; but the provision of a
private room or private sitter to a recipient when supplementation is provided
shall not constitute discrimination against other recipients;
(5)
Shall provide that no recipient who is transferred to or admitted to a private
room because of a shortage of beds in semiprivate rooms shall be discharged
because the recipient does not have a relative or other person who is willing
and able to provide supplementation; and
(6)
May provide that the rate charged by the provider of medical assistance to the
relative or other person providing supplementation for a private room for a
recipient shall not exceed the difference between the maximum rate charged by
the provider for a private room to or for a private pay patient and the amount
which the provider receives or will receive from the department as reimbursement
for otherwise providing for the recipient's care in a semiprivate
room."
SECTION
1-53.
Code
Section 49-4-153 of the Official Code of Georgia Annotated, relating to
administrative hearings and appeals under Medicaid, is amended by revising
subsection (d) as follows:
"(d)
All contested cases involving the imposition of a remedial or punitive measure
against a nursing facility by the Department of Community Health shall be
conducted in the manner provided for in subsection (l) of Code Section
31-2-6
31-2-11,
but only if such remedial or punitive measure is based upon findings made by the
Department of
Human
Resources
Community
Health in its capacity as the state survey
agency for the Georgia Medicaid program."
SECTION
1-54.
Code
Section 49-4-154 of the Official Code of Georgia Annotated, relating to powers
and duties retained by the Department of Human Resources with respect to
Medicaid, is amended as follows:
"49-4-154.
(a)
The status, position, and rights of persons transferred from the Department of
Human Resources
(now known as
the Department of Community Health for these
purposes) to the Department of Medical
Assistance pursuant to Ga. L. 1977, p. 384 shall not be affected by the
transfer, in and of itself; and such persons shall retain, inter alia, all
rights of rank or grade; rights to vacation, sick pay, and leave; rights under
any retirement plan; and any other rights under any law or administrative
policy.
(b)
The Department of Human Resources
(now known as
the Department of Community Health for these
purposes) shall retain, in accordance with
terms of the state plan, the functions, and all tangible things and employees
relating thereto, of:
(1)
Establishing and maintaining certain standards for certain institutions and
agencies seeking to become or remain providers and shall finally determine and
certify whether such institutions and agencies meet such standards;
(2)
Determining and certifying the eligibility of certain applicants for and
recipients of medical assistance; and
(3)
Prescribing regulations to require that applicants for medical assistance be
given clear and easily understandable notice that all books, papers, records,
and memoranda of the provider relating to the provision of medical assistance to
the applicant will be made available, upon request, to the commissioner of
medical assistance or his representative and that, by accepting medical
assistance, the applicant thereby consents to the providing of such books,
papers, records, and memoranda to the commissioner of medical assistance or his
representative."
SECTION
1-55.
Code
Section 49-4-155 of the Official Code of Georgia Annotated, relating to the
Department of Community Health succeeding to existing rules, regulations,
policies, procedures, and administrative orders with respect to Medicaid, is
amended as follows:
"49-4-155.
The
Department of Community Health shall succeed to all the rules, regulations,
policies, procedures, and administrative orders of the Department of Human
Resources (now
known as the Department of Human Services)
transferred to the Department of Medical Assistance pursuant to the previously
existing provisions of this Code section and that are in effect on June 30,
1999, and shall further succeed to any rights, privileges, entitlements,
obligations, and duties of the Department of Human Resources
(now known as
the Department of Human Services) that are
in effect on June 30, 1999, to which the Department of Medical Assistance
succeeded pursuant to the previously existing provisions of Code Section
49-4-156."
SECTION
1-56.
Code
Section 49-6-84 of the Official Code of Georgia Annotated, relating to the
authority of the Department of Human Resources to promulgate rules and
regulations under the "Adult Day Center for Aging Adults Licensure Act," is
amended as follows:
"49-6-84.
The
department is authorized to promulgate rules and regulations to implement this
article utilizing the public rule-making process to elicit input from consumers,
providers, and advocates. The department is further authorized to issue, deny,
suspend, or revoke licenses or take other enforcement actions against licensees
or applicants as provided in Code Section
31-2-6
31-2-11.
All rules and regulations and any enforcement actions initiated by the
department shall comply with the requirements of Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.'"
SECTION
1-57.
Code
Section 50-13-42 of the Official Code of Georgia Annotated, relating to
applicability of the "Georgia Administrative Procedure Act," is amended by
revising subsection (a) as follows:
"(a)
In addition to those agencies expressly exempted from the operation of this
chapter under paragraph (1) of Code Section 50-13-2, this article shall not
apply to the Commissioner of Agriculture, the Public Service Commission, the
Health
Planning Review Board
Certificate of
Need Appeal Panel, or the Department of
Community
Health, unless
specifically provided otherwise for certain programs or in relation to specific
laws, or to the Department of Labor with
respect to unemployment insurance benefit hearings conducted under the authority
of Chapter 8 of Title 34. Such exclusion does not prohibit such office or
agencies from contracting with the Office of State Administrative Hearings on a
case-by-case basis."
SECTION
1-58.
Code
Section 50-16-3 of the Official Code of Georgia Annotated, relating to property
of state boards and departments, is amended by revising paragraph (2) as
follows:
"(2)
The several institutions operated by the Department of Human
Resources
Services,
the Department
of Community Health, or the Department of Behavioral Health and Developmental
Disabilities, including all real and
personal property belonging to the several institutions or used in connection
therewith, and all other property conveyed to
the
any
such department for the use of any of the
institutions or conveyed to any of the boards of trustees of which
the
such
department is the successor or to any of the institutions under its
control;"
PART
II
Department of Human Services.
Department of Human Services.
SECTION
2-1.
Title
49 of the Official Code of Georgia Annotated, relating to social services, is
amended by revising Chapters 1 and 2, relating to general provisions on social
services and the Department of Human Resources, respectively, as
follows:
"CHAPTER
1
49-1-1.
As
used in this title, the term:
(1)
'Board' means the Board of Human
Resources
Services.
(2)
'Commissioner' means the commissioner of human
resources
services.
(3)
'County board' means a county or district board of family and children
services.
(4)
'County department' means a county or district department of family and children
services.
(5)
'County director' means the director of a county or district department of
family and children services.
(6)
'Department' means the Department of Human
Resources
Services.
49-1-2.
All
rules and regulations made by the Department of Human
Resources
Services
shall be binding on the counties and shall be complied with by the respective
county departments.
49-1-3.
(a)
Notwithstanding any other provisions of law, the Governor shall have the power
by executive order to direct and implement such internal organization of the
Department of Human Resources as he may determine necessary to improve the
management and administration of the functions vested in the department,
including the power to allocate within such organization the executive authority
described in Code Section 49-2-1 with respect to any or any grouping of the
functions of the department. For these purposes, the Governor shall have the
power by executive order to redefine the department's substate structure and to
direct the establishment of district health and welfare organizations, as
respectively described and with such powers and duties as set forth in Code
Sections 31-3-15 and 49-3-1. The district director of a health district shall
be a licensed physician. The district director and other executive staff of
district health and welfare organizations shall hereafter be appointed by the
department, provided that the department shall not appoint as a director of any
such organization any person whose appointment is not approved by a majority of
the respective district board concerned in a meeting of such board called for
that purpose.
(b)
Any other provisions of this Code section to the contrary notwithstanding, any
such reorganization plan shall provide for a county department of family and
children services, a county board of family and children services, and a county
director of family and children services in each county of this state. The
county director shall be the executive officer of the county department who
shall be responsible for operations and personnel. In addition to such other
powers and authorities which may be delegated to county departments of family
and children services, each county board and director of family and children
services shall have the same powers, duties, and bond requirements as provided
in Code Sections 49-3-2 through 49-3-5.
(c)
Notwithstanding any other provision of this Code section, the Governor shall not
have the power by executive order to abolish any county board.
(d)
The Governor's power under this Code section shall expire on December 31, 1976,
but the organization accomplished by executive order hereunder shall continue
until altered in the manner provided by
law.
Reserved.
49-1-4.
No
individual, supervisor, or member of the Board of Human
Resources
Services
or the county or district boards of family and children services having to do
with the administration of this title shall be authorized or permitted, directly
or indirectly, to sell supplies or other items of any kind or character to any
of the institutions to be benefited by this title.
49-1-5.
(a)
In order that the public welfare laws of this state may be better enforced, the
Governor is authorized and empowered to suspend any member of any county board,
any county director, or any employee or official of the department whenever he
or she shall find that good cause for such suspension exists. Such suspension
shall be by executive order of the Governor, which shall state the reason
therefor. A copy of such order of suspension shall be sent to the person so
suspended within five days after it is issued, by registered or certified mail
or statutory overnight delivery, return receipt requested, together with a
notice from the Governor or his or her executive secretary that the suspended
person may be heard before the Governor at such time as may be stated in the
notice, which hearing shall be not less than ten nor more than 20 days from the
date of the notice. Upon such hearing, if the Governor shall find that good
cause for the removal of the person so suspended exists, he or she is authorized
and empowered to remove such member of any county board, any county director, or
any employee or official in the department; whereupon, such person's tenure of
office or employment shall terminate, subject to the right of appeal granted to
any employee under the State Merit System of Personnel Administration by Chapter
20 of Title 45, and the vacancy shall be filled as provided by law. If the
Governor shall find that good cause for the removal of such person does not
exist, he or she shall, by appropriate executive order, restore him or her to
duty.
(b)
In addition to removal by the Governor as specified in subsection (a) of this
Code section, the director of the Division of Family and Children Services may
terminate the employment of any county director or district director subject to
any right of appeal such director may have under the State Merit System of
Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be
filled as provided by law.
49-1-6.
(a)
Any charitable or nonprofit corporation which has been granted a charter or
articles of incorporation under the laws of this state may transfer all or a
part of its assets to the department upon such terms as may be agreed upon
between such corporation and the department, provided such corporation shall
first have obtained authority to make such transfer in accordance with this Code
section.
(b)
Any such corporation may apply for authority to make such transfer by filing its
petition with the superior court of the county in which such corporation has its
principal office. Such application shall set forth the assets which the
corporation desires to transfer to the department and the terms upon which it
desires to transfer these assets.
(c)
Such corporation, once a week for four weeks prior to the filing of such
petition, shall publish notice in the newspaper of the county in which is
located the principal office of the corporation, such newspaper being the
newspaper in which notices of sheriff's sales are advertised. The notice shall
set forth the date, time, and place when such application will be presented, the
court to which it will be presented, and the assets which such corporation
desires to transfer to the department.
(d)
After a hearing, the court shall be authorized to grant the application and
permit a transfer of the assets of the applicant upon terms as set out in the
application or modified as the court may deem advisable, if the court considers
this in the public interest; or the court may deny the application if the court
deems such denial to be in the public interest. Where such corporation makes a
transfer of all of its right, title, and interest in any of its assets to the
department and such transfer is made pursuant to the authority of the court
obtained in the manner provided for in this Code section, such transfer shall be
conclusively deemed to be a proper and legal transfer.
(e)
Should such corporation desire to transfer all of its assets to the department,
the court to which such application is presented may include in its order a
provision that upon the transfer by such corporation of all of its assets to the
department and upon compliance with Chapter 3 of Title 14, the charter or
articles of incorporation of such corporation shall stand surrendered and the
corporation dissolved.
(f)
Nothing contained in this Code section shall be considered as authorizing the
department to accept a transfer of assets upon terms which would require the use
of them by the department in a manner not authorized by law.
49-1-7.
The
department is authorized to purchase land or lands adjacent to or near lands now
under the control of the department where, in the opinion of the department, the
land is needed for the benefit of one of the institutions under its control and
management, to pay for such land out of any funds which may be available for
such purpose, and to take title to land so purchased in the name of the State of
Georgia for the use of the department.
49-1-8.
(a)
The department shall sell, to the best advantage, all surplus products of the
Central State Hospital or other institutions under the control and supervision
of the department and shall apply the proceeds thereof to the maintenance of the
institution from which such surplus products are received. Should any surplus
funds arise from this source, they shall be paid into the state treasury
annually; and the department shall, at the end of each quarter, make a detailed
report of all such transactions to the Governor.
(b)
It is not the intention of this Code section to encourage competition in any way
by the state, its institutions, agencies, departments or branches, or other
subdivisions with the individual, private farmers of this state, or others, in
the production and sale of agricultural or industrial commodities or products in
due course of commerce.
49-1-9
49-1-7.
(a)
The General Assembly finds that it is in the best interest of the state to
provide for programs for home delivered meals, transportation services for the
elderly, and preschool children with special needs, including but not limited to
disabled children, troubled children, school readiness programs, and other
similar needs for the benefit of the citizens of Georgia. In addition to and as
a supplement to traditional financing mechanisms for such programs, it is the
policy of this state to enable and encourage citizens voluntarily to support
such programs.
(b)
To support programs for home delivered meals, transportation services for the
elderly, and preschool children with special needs which programs have been
established or approved by the department
or the
Department of Community Health, the
department may, without limitation, promote and solicit voluntary contributions
through the income tax return contribution mechanism established in subsection
(f) of this Code section, through offers to match contributions by any person
with moneys appropriated or contributed to the department
or the
Department of Community Health for such
programs, or through any fund raising or other promotional techniques deemed
appropriate by the department
or the
Department of Community
Health.
(c)
There is established a special fund to be known as the 'Home Delivered Meals,
Transportation Services for the Elderly, and Preschool Children with Special
Needs Fund.' This fund shall consist of all moneys contributed under subsection
(b) of this Code section, all moneys transferred to the department under
subsection (f) of this Code section, and any other moneys contributed to this
fund or to the home delivered meals, transportation services for the elderly, or
preschool children with special needs programs of the department
or the
Department of Community Health and all
interest thereon. All balances in the fund shall be deposited in an
interest-bearing account identifying the fund and shall be carried forward each
year so that no part thereof may be deposited in the general treasury. The fund
shall be administered and the moneys held in the fund shall be expended by the
department through the
Office
Division
of Aging
Services
in furtherance of home delivered meals and transportation services to the
elderly programs and by the
department
Department of
Community Health in furtherance of
preschool children with special needs programs.
(d)
Following the transmittal of contributions to the department for deposit in the
fund pursuant to subsection (f) of this Code section, the expenditure of moneys
in the fund shall be allocated as follows:
(1)
Fifty percent of the contributions to the fund shall be used for home delivered
meals and transportation services to the elderly programs; and
(2)
Fifty percent of the contributions to the fund shall be
transferred to
the Department of Community Health to be
used for preschool children with special needs programs.
(e)
Contributions to the fund shall be deemed supplemental to and shall in no way
supplant funding that would otherwise be appropriated for these purposes.
Contributions shall only be used for benefits and services and shall not be used
for personnel or administrative positions. The department
and the
Department of Community Health shall
each
prepare, by February 1 of each year, an accounting of the funds received and
expended from the fund and a review and evaluation of all expended moneys of the
fund. The
report
reports
shall be made available to the Governor, the Lieutenant Governor, the Speaker of
the House of Representatives, to the members of the Board of Human
Resources
Services,
and, upon request, to members of the public.
(f)(1)
Unless an earlier date is deemed feasible and established by the Governor, each
Georgia income tax return form for taxable years beginning on or after January
1, 1993, shall contain appropriate language, to be determined by the state
revenue commissioner, offering the taxpayer the opportunity to contribute to the
Home Delivered Meals, Transportation Services for the Elderly, and Preschool
Children with Special Needs Fund established in subsection (c) of this Code
section by either donating all or any part of any tax refund due, by authorizing
a reduction in the refund check otherwise payable, or by contributing any amount
over and above any amount of tax owed by adding that amount to the taxpayer's
payment. The instructions accompanying the income tax return form shall contain
a description of the purposes for which this fund was established and the
intended use of moneys received from the contributions. Each taxpayer required
to file a state income tax return who desires to contribute to such fund may
designate such contribution as provided in this Code section on the appropriate
income tax return form.
(2)
The Department of Revenue shall determine annually the total amount so
contributed, shall withhold therefrom a reasonable amount for administering this
voluntary contribution program, and shall transmit the balance to the department
for deposit in the fund established in subsection (c) of this Code section;
provided, however, the amount retained for administrative costs, including
implementation costs, shall not exceed $50,000.00 per year. If, in any tax
year, the administrative costs of the Department of Revenue for collecting
contributions pursuant to this Code section exceed the sum of such
contributions, the administrative costs which the Department of Revenue is
authorized to withhold from such contributions shall not exceed the sum of such
contributions.
CHAPTER
2
ARTICLE 1
ARTICLE 1
49-2-1.
(a)
There is created a Department of Human
Resources
Services. The
powers, functions, and duties of the Department of Human Resources as they
existed on June 30, 2009, except for those relating to the Division of Mental
Health, Developmental Disabilities, and Addictive Diseases, the Division of
Public Health, and the Office of Regulatory Services, unless specifically
transferred or reassigned to the Department of Community Health or the
Department of Behavioral Health and Developmental Disabilities, are transferred
to the Department of Human Services effective July 1, 2009, and the Department
of Human Resources shall be reconstituted as the Department of Human Services
effective July 1, 2009.
(b)
There is
also
created the position of commissioner of human
resources
services.
The commissioner shall be the chief administrative officer of the department and
be both appointed and removed by the board, subject to the approval of the
Governor. Subject to the general policy established by the board, the
commissioner shall supervise, direct, account for, organize, plan, administer,
and execute the functions vested in the department.
49-2-2.
(a)
There is created a Board of Human
Resources
Services, as
of July 1, 2009, which shall establish the
general policy to be followed by the Department of Human
Resources
Services
created by Code Section 49-2-1.
The powers,
functions, and duties of the Board of Human Resources as they existed on June
30, 2009, except for those relating to the Division of Mental Health,
Developmental Disabilities, and Addictive Diseases, the Division of Public
Health, and the Office of Regulatory Services, unless specifically transferred
or reassigned to the Board of Community Health or the Board of Behavioral Health
and Developmental Disabilities, are transferred to the Board of Human Services
effective July 1, 2009, and the Board of Human Resources as it existed on June
30, 2009, shall be abolished effective July 1,
2009. The board shall consist of
one member
from each congressional district in the state and four
at-large
nine
members appointed by the Governor and confirmed by the Senate.
For this
purpose, the congressional districts used shall be those specified in Code
Section 21-1-2, as amended by Act No. 2EX11 of the second extraordinary 2001
session of the General Assembly and as thereafter amended by law. Seven members
of the board shall be engaged professionally in rendering health services, and
at least five of these seven members shall be licensed to practice medicine
pursuant to Chapter 34 of Title 43. In
appointing
members to the board, the Governor shall take into account to the extent
practicable all areas and functions encompassed by the department.
(b)
The Governor shall designate the initial terms of the members of the board as
follows: three members shall be appointed for one year; three members shall be
appointed for two years;
and
three members shall be appointed for three
years;
three members shall be appointed for four years; and the remaining members shall
be appointed for five years. Thereafter,
all succeeding appointments shall be for
five-year
three-year
terms from the expiration of the previous term.
(c)
Vacancies in office shall be filled by appointment by the Governor in the same
manner as the appointment to the position on the board which becomes vacant, and
the appointment shall be submitted to the Senate for confirmation at the next
session of the General Assembly. An appointment to fill a vacancy, other than
by expiration of a term of office, shall be for the balance of the unexpired
term.
(d)
Members of the board may be removed from office under the same conditions for
removal from office of members of professional licensing boards provided in Code
Section 43-1-17.
(d)(e)
There shall be a
chairman
chairperson
of the board, elected by and from the membership of the board, who shall be the
presiding officer of the board.
(e)
Those members engaged in rendering health services shall comprise no more than
seven members of the total membership of the board.
(f)
The members of the board shall receive per diem and expenses as shall be set and
approved by the Office of Planning and Budget and in conformance with rates and
allowances set for members of other state boards.
49-2-2.1.
(a)
The Department of Human Services shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the Department of Human
Resources that are in effect on June 30, 2009, or scheduled to go into effect on
or after July 1, 2009, and which relate to the functions transferred to the
Department of Human Services pursuant to Code Section 49-2-1 and shall further
succeed to any rights, privileges, entitlements, obligations, and duties of the
Department of Human Resources that are in effect on June 30, 2009, which relate
to the functions transferred to the Department of Human Services pursuant to
Code Section 49-2-1. Such rules, regulations, policies, procedures, and
administrative orders shall remain in effect until amended, repealed,
superseded, or nullified by the Department of Human Services by proper authority
or as otherwise provided by law.
(b)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2009, by
the Department of Human Resources which relate to the functions transferred to
the Department of Human Services pursuant to Code Section 49-2-1 shall continue
to exist; and none of these rights, privileges, entitlements, and duties are
impaired or diminished by reason of the transfer of the functions to the
Department of Human Services. In all such instances, the Department of Human
Services shall be substituted for the Department of Human Resources, and the
Department of Human Services shall succeed to the rights and duties under such
contracts, leases, agreements, and other transactions.
(c)
All persons employed by the Department of Human Resources in capacities which
relate to the functions transferred to the Department of Human Services pursuant
to Code Section 49-2-1 on June 30, 2009, shall, on July 1, 2009, become
employees of the Department of Human Services in similar capacities, as
determined by the commissioner of human services. Such employees shall be
subject to the employment practices and policies of the Department of Human
Services on and after July 1, 2009, but the compensation and benefits of such
transferred employees shall not be reduced as a result of such transfer.
Employees who are subject to the rules of the State Personnel Board and thereby
under the State Merit System of Personnel Administration and who are
transferred
to the
department shall retain all existing rights under the State Merit System of
Personnel Administration. Retirement rights of such transferred employees
existing under the Employees' Retirement System of Georgia or other public
retirement systems on June 30, 2009, shall not be impaired or interrupted by the
transfer of such employees and membership in any such retirement system shall
continue in the same status possessed by the transferred employees on June 30,
2009. Accrued annual and sick leave possessed by said employees on June 30,
2009, shall be retained by said employees as employees of the Department of
Human Services.
(d)
On July 1, 2009, the Department of Human Services shall receive custody of the
state owned real property in the custody of the Department of Human Resources on
June 30, 2009, and which pertains to the functions transferred to the Department
of Human Services pursuant to Code Section 49-2-1.
49-2-3.
(a)
Reserved.
(b)
The policy-making functions of the State Board for Children and Youth, contained
in Ga. L. 1963, p. 81, are vested in the Board of Human
Resources
Services.
(c)(b)
The policy-making functions of the Commission on Aging, created in Ga. L. 1962,
p. 604, are vested in the Board of Human
Resources
Services.
49-2-4.
There
shall be created in the department such divisions as may be found necessary for
its effective operation. The commissioner shall have the power to allocate and
reallocate functions among the divisions within the department.
49-2-5.
The
department is declared to be an institution of the state for which the powers of
taxation over the whole state may be
exercised,
and the department is empowered and authorized to administer, expend, and
disburse funds appropriated to it and allocated to it by the General Assembly,
the respective counties of the state, and the United States, through its
appropriate agencies and instrumentalities for the purpose of distributing
old-age benefits and all other benefits as provided in this title.
49-2-6.
(a)
The department shall administer or supervise all county departments of the state
as provided in Chapter 3 of this title.
(b)
The department shall:
(1)
Administer or supervise:
(A)
All categories of public assistance established under Code Section
49-4-3;
(B)
The operation of state charitable
and
eleemosynary institutions;
(C)
Agencies and institutions caring for dependent or mentally or physically
disabled or aged adults; and
(D)
Such other welfare activities or services as may be vested in it;
(2)
Cooperate
in the supervision of all correctional activities, including the operation of
all the penal and correctional institutions of the state, together with parole,
supervising of probation services, segregation of first offenders, and the
inspection of local jails;
(3)
Provide services to county governments, including the organization and
supervision of county departments for the effective administration of welfare
functions and the compilation of statistics and necessary information relative
to public welfare problems throughout the state;
(4)(3)
Prescribe qualifications and salary standards for welfare personnel in state and
county departments, subject to Chapter 20 of Title 45;
(5)(4)
Assist other state and federal departments, agencies, and institutions, when so
requested, by performing services in conformity with the purposes of this
title;
(6)(5)
Act as the agent of the federal government in welfare matters of mutual concern
in conformity with this title and the administration of any federal funds
granted to the state to aid in the furtherance of any functions of the
department;
(7)(6)
Under rules and regulations prescribed by the board, designate county and
district departments to serve as agents in the performance of all state welfare
activities in the counties or districts;
(8)(7)
Have the right to designate private institutions as state institutions; to
contract with such private institutions for such activities, in carrying out
this title, as the department may deem necessary from time to time; and to
exercise such supervision and cooperation in the operation of such designated
private institutions as the department may deem necessary;
(9)(8)
Have the right to accept and execute gifts or donations for welfare purposes, as
may be prescribed by the donors thereof;
(10)(9)
Have authority to delegate in whole or in part the operation of any institution
or other activity of the department to any other appropriate department or
agency of the state, county, or municipal governments; and to contract with and
cooperate with such departments or subdivisions in any manner proper for
carrying out the purposes of this title;
and
(11)
Make provision for meeting the cost of hospital care of persons eligible for
public assistance to the extent that federal matching funds are available for
such expenditures for hospital care. To accomplish this purpose, the department
is authorized to pay from funds appropriated for the purposes of this title the
amount required under this paragraph into a trust fund account which shall be
available for disbursement for the cost of hospital care of public assistance
recipients. The commissioner, subject to the approval of the Office of Planning
and Budget, on the basis of the funds appropriated in any year, shall estimate
the scope of hospital care available to public assistance recipients and the
approximate per capita cost of such care. Monthly payments into the trust fund
for hospital care shall be made on behalf of each public assistance recipient
and such payments shall be deemed encumbered for assistance payable. Ledger
accounts reflecting payments into and out of the hospital care fund shall be
maintained for each of the categories of public assistance established under
Code Section 49-4-3. The balance of state funds in such trust fund for the
payment of hospital costs in an amount not to exceed the amount of federal funds
held in the trust fund by the department available for expenditure under this
paragraph shall be deemed encumbered and held in trust for the payment of the
costs of hospital care and shall be rebudgeted for this purpose on each
quarterly budge required under the laws governing the expenditure of state
funds. The state auditor shall audit the funds in the trust fund established
under this paragraph in the same manner that any other funds disbursed by the
department are audited; and
(12)(10)
Administer such programs and provide such services as may be appropriate and
necessary to strengthen family life and help needy individuals attain the
maximum economic and personal independence of which they are capable, including
services to applicants and recipients of old-age assistance to help them attain
self-care, provided that the costs incurred by the county departments in
administering this Code section in conjunction with the public assistance
programs administered by the department shall be deemed to be administrative
expenses.
49-2-7.
(a)
The functions, duties, and authority of the Board of Public Welfare, established
by Ga. L. 1919, p. 222, as amended, as transferred and vested in the Board of
Control of Eleemosynary Institutions by Ga. L. 1931, p. 7, Section 44A, are
vested in the Department of Human
Resources
Services.
(b)
The functions, duties, and authority of the Department of Family and Children
Services, created in Ga. L. 1937, p. 355, as amended, are vested in the
Department of Human
Resources
Services.
(c)
The functions of the State Board for Children and Youth, created in Ga. L. 1963,
p. 81, except for the policy-making functions transferred to the Board of Human
Resources, are vested in the Department of Human
Resources
Services.
(d)
Reserved.
(e)
The functions, duties, and authority of the State Commission on Aging, created
in Ga. L. 1962, p. 602, except the policy-making functions transferred to the
Board of Human
Resources
Services,
are vested in the Department of Human
Resources
Services.
49-2-8.
The
five members of the board who are licensed to practice medicine pursuant to
Chapter 34 of Title 43 shall pass upon and approve the professional
qualifications of all physicians and medical doctors employed by the
department.
Reserved.
49-2-9.
In
administering any funds appropriated or made available to the department for
welfare purposes, the department shall have the power:
(1)
To make use of all local processes to enforce the minimum standards prescribed
under or pursuant to the laws providing for grants-in-aid; and
(2)
To administer and disburse any and all funds which may be allocated by any
municipality of the state or private organization or society for such purposes
as may be designated by such municipality or other agency. The department may
use a reasonable percentage of such funds for administrative costs, not to
exceed 10 percent of the total sum administered.
49-2-10.
For
the purpose of carrying out the duties and obligations of the department for
performance of welfare services of the state, for administrative costs, for
matching such federal funds as may be available for all of the aforesaid
services, for the purpose of establishing an equalization fund to be used in
assisting those counties which may be unable otherwise to bear their
proportionate share of the expenses of administration and of dispensing the
benefits provided for under this title, and for dispensing all of the benefits
provided for under this title, the General Assembly shall make appropriations
out of the general fund of the state or otherwise for the various and separate
activities of the department. All funds appropriated or allocated to the
department or to the county departments by the General Assembly, the fiscal
authorities of the respective counties, and by the federal government through
its appropriate agencies and instrumentalities are declared to be funds provided
for a public purpose; and all appropriations provided for in this Code section
and hereafter may be expended and distributed by the department for the purposes
provided for under this title.
49-2-11.
(a)
Notwithstanding any provision in this title to the contrary, particularly
Articles 2, 3, and 5 of Chapter 4 of this title, nothing therein contained shall
be construed to prevent the acceptance of more than 50 percent federal matching
funds. The department may accept and disburse the maximum percentage of federal
grant-in-aid funds made available to this state by the federal government under
any formula of variable grants or other formula for the granting of federal
grants-in-aid.
(b)
The department is authorized to comply with the requirements prescribed by
Congress as conditions to federal grants.
(c)
To the end of empowering the department to comply with federal requirements and
to effectuate the purposes of grant-in-aid welfare programs, the board is
authorized to promulgate all necessary rules and regulations and the department
is authorized to do all things necessary and proper for the securing of the
maximum amount of such federal grants.
(d)
In the event that Congress appropriates funds for grants-in-aid to the state
governments for the purpose of assisting them in the operation of general
assistance programs, medical assistance programs, or any other welfare programs,
the department is authorized to cooperate with the federal government in such
programs, to accept funds from the federal government in the maximum amounts
made available, to disburse them, and to comply with all requirements of the
federal government necessary for the securing of such grant-in-aid
funds.
(e)
Any state funds which are made available by appropriation to the department for
matching federal funds shall be available to supply the state portion of
expenditures for general assistance programs, medical assistance programs, or
any other type welfare programs provided for by the federal government which
benefit the citizens or residents of this state.
(f)
Notwithstanding subsections (a) through (e) of this Code section, the Department
of Community Health shall be the single state agency for the administration of
the state medical assistance plan.
49-2-12.
(a)
All divisions and sections within the department shall make an inventory of all
the various vehicles to which the department holds title and shall investigate
their utilization patterns in order to establish and develop a consolidated and
coordinated transportation plan for the various human services programs of the
department, including, but not limited to, those programs relating to the aged
and to the mentally and physically disabled.
(b)
Other departments and agencies of the state shall cooperate with the Department
of Human
Resources
Services
in mutually beneficial agreements regarding the establishment and development of
a coordinated transportation plan involving various vehicles to which the state
has title.
(c)
The plan required to be developed under this Code section shall identify the
fully allocated costs of the transportation component of their services and take
into consideration various limitations on the expenditure of federal funds which
may arise in any consolidated or coordinated transportation system. No later
than June 30, 1980, a preliminary transportation plan shall be submitted by the
department to the Human Relations and Aging Committee of the House of
Representatives and the
Education
and
Youth,
Aging, and Human Ecology Committee of the
Senate, which plan shall be revised and submitted to such committees every two
years thereafter.
49-2-13.
All
divisions and sections within the department, in cooperation with the Department
of Transportation, shall identify those areas of the state where the general
transportation needs of the elderly and persons with disabilities are not and
cannot be adequately served by bus service and community service centers
furnishing transportation. In further cooperation with the Department of
Transportation, the department shall identify alternatives for meeting the
transportation needs of these persons and shall report to the committees
specified in subsection (c) of Code Section 49-2-12 as required therein. Such
alternative means to be considered for providing for the transportation needs of
these persons should include, but shall not be limited to:
(1)
Contract service resulting from competitive bidding by private sector bus
operators operating under Article 1 of Chapter 7 of Title 46;
(2)
Contract service resulting from competitive bidding by taxi
operators;
(3)
Negotiated fee basis with municipal and area-wide transportation systems serving
the general public; or
(4)
Any combination of
above
paragraphs (1)
through (3) of this Code
section.
49-2-13.1.
(a)
The department may, when funds are available from the United States government
for such purposes, provide financial assistance with such funds, or such funds
and state general funds appropriated for these purposes, to private nonprofit
corporations and associations for the specific purpose of assisting them in
providing transportation services meeting the special needs of the elderly or
persons with disabilities, or both, for whom the department determines that the
mass transportation services planned, designed, and carried out by local public
bodies, agencies, and authorities are unavailable, insufficient, or
inappropriate. Such financial assistance shall be subject to those terms,
conditions, requirements, and restrictions as the department determines to be
necessary or appropriate in order to carry out the purposes of this Code
section.
(b)
In order to effectuate and enforce this Code section, the department is
authorized to promulgate necessary rules and regulations and to prescribe
conditions and procedures in order to assure compliance in carrying out the
purposes of this Code section.
49-2-14.
(a)
As used in this Code section, the term 'conviction data' means a record of a
finding or verdict of guilty or a plea of guilty or a plea of nolo contendere
with regard to any crime, regardless of whether an appeal of the conviction has
been sought.
(b)
The department may receive from any law enforcement agency conviction data that
is relevant to a person whom the department, its contractors, or a district or
county health agency is considering as a final selectee for employment in a
position the duties of which involve direct care, treatment, custodial
responsibilities, or any combination thereof for its clients. The department
may also receive conviction data which is relevant to a person whom the
department, its contractors, or a district or county health agency is
considering as a final selectee for employment in a position if, in the judgment
of the employer, a final employment decision regarding the selectee can only be
made by a review of conviction data in relation to the particular duties of the
position and the security and safety of clients, the general public, or other
employees. Further, the department or any licensed child-placing agency,
designated by the department to assist it in preparing studies of homes in which
children in its custody may be placed, may receive from any law enforcement
agency conviction data that is relevant to any adult person who resides in a
home where children in the custody of the department may be placed.
(c)
The department shall establish a uniform method of obtaining conviction data
under subsection (a) of this Code section which shall be applicable to the
department,
and
its
contractors,
and any district or county health agency.
Such uniform method shall require the submission to the Georgia Crime
Information Center of
two
complete sets of fingerprints and the
records search fee
in accordance
with Code Section 35-3-35. Upon receipt
thereof, the Georgia Crime Information Center shall promptly transmit
one set of
fingerprints to the Federal Bureau of
Investigation for a search of bureau records and an appropriate report and shall
retain the
other set and promptly conduct a search of
its own records and records to which it has access. After receiving the
fingerprints and fee, the Georgia Crime Information Center shall notify the
department in writing of any derogatory finding,
including,
but not limited to, any conviction data regarding the fingerprint records check
or if there is no such finding.
(d)
All conviction data received shall be for the exclusive purpose of making
employment decisions or decisions concerning children in the custody of the
department or who are the subjects of a child protective services referral,
complaint, or investigation and shall be privileged and shall not be released or
otherwise disclosed to any other person or agency
except to
any person or agency with a legal right to inspect the employment, department,
or licensed child-placing agency file.
Immediately following the employment decisions or upon receipt of the conviction
data concerning any adult person who has contact with a child who is the subject
of a child protective services referral, complaint, or investigation or who
resides in a home where children in the custody of the department may be placed,
all such conviction data collected by the department or the licensed
child-placing agency shall be maintained by the department or child-placing
agency pursuant to laws regarding and the rules or regulations of the Federal
Bureau of Investigation and the Georgia Crime Information Center, as is
applicable. Penalties for the unauthorized release or disclosure of any
conviction data shall be as prescribed pursuant to laws regarding and rules or
regulations of the Federal Bureau of Investigation and the Georgia Crime
Information Center, as is applicable.
(e)
Notwithstanding the provisions of subsection (c) of this Code section, when a
contractor to this department is a personal care home, the provisions of Code
Sections 31-7-250 through 31-7-264 shall apply.
(f)
The department may promulgate written rules and regulations to implement the
provisions of this Code section.
(g)
The department may receive from any law enforcement agency criminal history
information, including arrest and conviction data, and any and all other
information which it may be provided pursuant to state or federal law which is
relevant to any adult person who resides in a home where children in the custody
of the department have been or may be placed or which is relevant to any adult
person who resides in the home of or provides care to a child who is the subject
of a child protective services referral, complaint, or investigation to the
fullest extent permissible by federal and state law, including but not limited
to Public Law 92-544. The department shall establish a uniform method of
obtaining criminal history information under this subsection. Such method shall
require the submission to the Georgia Crime Information Center of
two
complete sets of fingerprint cards
fingerprints
together with any required records search fee
in accordance
with Code Section 35-3-35. Upon receipt
thereof, the Georgia Crime Information Center shall promptly transmit
one set
of the fingerprints submitted by the
department to the Federal Bureau of Investigation for a search of bureau records
and an appropriate report and shall
retain the
other set and promptly conduct a search of
its own records and records to which it has access. Such method shall also
permit the submission of the names alone of such adult persons to the proper law
enforcement agency when the department is considering placement of a child in
exigent circumstances for a name based check of such adult person's criminal
history information as maintained by the Georgia Crime Information Center and
the Federal Bureau of Investigation. In such exigent circumstances, the
department shall submit
two
complete sets of fingerprint cards
fingerprints
of those adult persons in the placement home, together with any required records
search fee, to the Federal Bureau of Investigation within 15 calendar days of
the date of the name based check on that person.
Fingerprint
cards
The
fingerprints shall be forwarded to the
Federal Bureau of Investigation through the Georgia Crime Information Center
in accordance
with Code Section 35-3-35. Following the
submission of such
fingerprint
cards
fingerprints,
the department may receive the criminal history information, including arrest
and conviction data, relevant to such person. In the event that a child has
been placed in exigent circumstances, a name based records search has been
requested for any adult person of the placement household, and that adult
refuses to provide fingerprints after being requested to do so by the
department, the child shall be immediately removed from the placement household
by the department, provided that the child is in the custody of the
department.
(h)
The department shall be authorized to conduct a name or descriptor based check
of any adult person's criminal history information, including arrest and
conviction data, and other information from the Georgia Crime Information Center
regarding any adult person who resides in a home where children in the custody
of the department have been or may be placed or which is relevant to any adult
person who resides in the home of or provides care to a child who is the subject
of a child protective services referral, complaint, or investigation without the
consent of such adult person and without fingerprint comparison to the fullest
extent permissible by federal and state law.
49-2-14.1.
(a)
As used in this Code section, the term:
(1)
'Conviction' means a finding or verdict of guilty or a plea of guilty regardless
of whether an appeal of the conviction has been sought.
(2)
'Crime' means commission of the following offenses:
(A)
A violation of Code Section 16-5-1, relating to murder and felony
murder;
(B)
A violation of Code Section 16-5-21, relating to aggravated
assault;
(C)
A violation of Code Section 16-5-24, relating to aggravated
battery;
(D)
A violation of Code Section 16-5-70, relating to cruelty to
children;
(E)
A violation of Code Section 16-5-100, relating to cruelty to a person 65 years
of age or older;
(F)
A violation of Code Section 16-6-1, relating to rape;
(G)
A violation of Code Section 16-6-2, relating to aggravated sodomy;
(H)
A violation of Code Section 16-6-4, relating to child molestation;
(I)
A violation of Code Section 16-6-5, relating to enticing a child for indecent
purposes;
(J)
A violation of Code Section 16-6-5.1, relating to sexual assault against persons
in custody, detained persons, or patients in hospitals or other
institutions;
(K)
A violation of Code Section 16-6-22.2, relating to aggravated sexual
battery;
(L)
A violation of Code Section 16-8-41, relating to armed robbery;
(M)
A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation
of a disabled adult or elder person; or
(N)
Any other offense committed in another jurisdiction that, if committed in this
state, would be deemed to be a crime listed in this paragraph without regard to
its designation elsewhere.
(3)
'Criminal record' means any of the following:
(A)
Conviction of a crime;
(B)
Arrest, charge, and sentencing for a crime where:
(i)
A plea of nolo contendere was entered to the charge;
(ii)
First offender treatment without adjudication of guilt pursuant to the charge
was granted; or
(iii)
Adjudication or sentence was otherwise withheld or not entered on the charge;
or
(C)
Arrest and being charged for a crime if the charge is pending, unless the time
for prosecuting such crime has expired pursuant to Chapter 3 of Title
17.
(4)
'Facility' means
a:
(A)
Personal care home required to be licensed or permitted under Code Section
31-7-12;
(B)
Private home care provider required to be licensed under Article 13 of Chapter 7
of Title 31;
(C)
Community living arrangement subject to licensure under paragraph (16) of
subsection (b) and subsection (c) of Code Section 37-1-20; or
(D)
Child
child
welfare agency required to be licensed under Code Section 49-5-12.
(5)
'GCIC' means the Georgia Crime Information Center established under Article 2 of
Chapter 3 of Title 35.
(6)
'GCIC information' means criminal history record information as defined in Code
Section 35-3-30.
(7)
'License' means the document issued by the department to authorize the facility
to operate.
(8)
'Owner' means any individual or any person affiliated with a corporation,
partnership, or association with 10 percent or greater ownership interest in a
facility providing care to persons under the license of the facility in this
state and who:
(A)
Purports to or exercises authority of the owner in a facility;
(B)
Applies to operate or operates a facility;
(C)
Maintains an office on the premises of a facility;
(D)
Resides at a facility;
(E)
Has direct access to persons receiving care at a facility;
(F)
Provides direct personal supervision of facility personnel by being immediately
available to provide assistance and direction during the time such facility
services are being provided; or
(G)
Enters into a contract to acquire ownership of a facility.
(9)
'Records check application' means
two sets of
classifiable fingerprints
in such form
and of such quality as prescribed by the Georgia Crime Information Center under
standards adopted by the Federal Bureau of
Investigation and a records search fee to
be established by the department by rule and regulation, payable in such form as
the department may direct to cover the cost of obtaining criminal background
information pursuant to this Code section.
(b)
An owner with a criminal record shall not operate or hold a license to operate a
facility, and the department shall revoke the license of any owner operating a
facility or refuse to issue a license to any owner operating a facility if it
determines that such owner has a criminal record; provided, however, that an
owner who holds a license to operate a facility on or before June 30, 2007,
shall not have his or her license revoked prior to a hearing being held before a
hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.'
(c)(1)
Prior to approving any license for a new facility and periodically as
established by the department by rule and regulation, the department shall
require an owner to submit a records check application. The department shall
establish a uniform method of obtaining an owner's records check
application.
(2)(A)
Unless the department contracts pursuant to subparagraph (B) of this paragraph,
the department shall transmit to the GCIC
both sets
of
the
fingerprints and
the
records search fee from each fingerprint records check application
in accordance
with Code Section 35-3-35. Upon receipt
thereof, the GCIC shall promptly transmit
one set
of
the
fingerprints to the Federal Bureau of Investigation for a search of bureau
records and an appropriate report and shall
retain the
other set and promptly conduct a search of
its records and records to which it has access. Within ten days after receiving
fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the
department in writing of any criminal record or if there is no such finding.
After a search of Federal Bureau of Investigation records and fingerprints and
upon receipt of the bureau's report, the department shall make a determination
about an owner's criminal record and shall notify the owner in writing as to the
department's determination as to whether the owner has or does not have a
criminal record.
(B)
The department may either perform criminal background checks under agreement
with the GCIC or contract with the GCIC and appropriate law enforcement agencies
which have access to GCIC and Federal Bureau of Investigation information to
have those agencies perform for the department criminal background checks for
owners. The department or the appropriate law enforcement agencies may charge
reasonable fees for performing criminal background checks.
(3)(A)
The department's determination regarding an owner's criminal record, or any
action by the department revoking or refusing to grant a license based on such
determination, shall constitute a contested case for purposes of Chapter 13 of
Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing
required to be held pursuant thereto may be held reasonably expeditiously after
such determination or action by the department.
(B)
In a hearing held pursuant to subparagraph (A) of this paragraph or subsection
(b) of this Code section, the hearing officer shall consider in mitigation the
length of time since the crime was committed, the absence of additional criminal
charges, the circumstances surrounding the commission of the crime, other
indicia of rehabilitation, the facility's history of compliance with the
regulations, and the owner's involvement with the licensed facility in arriving
at a decision as to whether the criminal record requires the denial or
revocation of the license to operate the facility. Where a hearing is required,
at least 30 days prior to such hearing, the hearing officer shall notify the
office of the prosecuting attorney who initiated the prosecution of the crime in
question in order to allow the prosecutor to object to a possible determination
that the conviction would not be a bar for the grant or continuation of a
license as contemplated within this Code section. If objections are made, the
hearing officer shall take such objections into consideration in considering the
case.
(4)
Neither
the
The
GCIC, the department, any law enforcement agency,
nor
and
the employees of any such entities shall
not
be responsible for the accuracy of information nor have any liability for
defamation, invasion of privacy, negligence, or any other claim in connection
with any dissemination of information or determination based thereon pursuant to
this Code section.
(d)
All information received from the Federal Bureau of Investigation or the GCIC
shall be for the exclusive purpose of approving or denying the granting of a
license to a new facility or the revision of a license of an existing facility
when a new owner is proposed and shall not be released or otherwise disclosed to
any other person or agency
except to
any person or agency with a legal right to inspect the
facility. All such information collected
by the department shall be maintained by the department pursuant to laws
regarding and the rules or regulations of the Federal Bureau of Investigation
and the GCIC, as is applicable. Penalties for the unauthorized release or
disclosure of any such information shall be as prescribed pursuant to laws
regarding and rules or regulations of the Federal Bureau of Investigation and
the GCIC, as is applicable.
(e)
The requirements of this Code section are supplemental to any requirements for a
license imposed by Article 3 of Chapter 5 of this title or Article 11 of Chapter
7 of Title 31.
(f)
The department shall promulgate written rules and regulations to implement the
provisions of this Code section.
49-2-15.
When
any action is brought against the Department of Human
Resources
Services,
the Board of Human
Resources
Services,
the commissioner of human
resources
services,
or any employee or agent thereof or when any action is brought in which the
department could be held responsible for damages awarded in such action, it
shall be the duty of the plaintiff to provide for service of notice of the
pendency of such action by providing for service of a second original process,
issued from the court in which the action is filed, upon the commissioner of
human
resources
services
personally or upon a person designated by the commissioner in writing to serve
as agent for the acceptance of such service of process. The service of process
in such action shall not be perfected until such second original process has
been served as provided in this Code section. The provisions of this Code
section shall be cumulative of any other requirements imposed by law for the
service of process or notice.
49-2-16.
(a)
There is created a Georgia Council for Welfare Administration. The objectives
for
of
the council shall be:
(1)
To promote improvements in public welfare and social service programs of the
Division of Family and Children Services within the Department of Human
Resources
Services;
(2)
To provide a forum for the interchange of information relating to welfare and
social service programs; and
(3)
To promote with any organization exempt under Section 501(c)(4) of the United
States Internal Revenue Code of 1986 a more efficient public welfare delivery
system for the citizens of this state.
(b)
Membership in the council shall be open to persons actively employed in the
Division of Family and Children Services within the Department of Human
Resources
Services.
(c)
No state funds shall be appropriated for the benefit or use of the
council.
(d)
The council is authorized to adopt bylaws which prescribe its organizational
structure, officers, terms and condition of office, meeting schedules, and such
other organizational procedures as are necessary for its lawful and effective
functioning.
(e)
The commissioner of human
resources
services
shall call the initial meeting of the council at which time the council shall
organize and select its officers.
49-2-17.
(a)
This Code section shall be applicable to any agency, facility, institution, or
entity subject to regulation by the department under Chapter 5 of this title.
For purposes of this Code section, the term 'license' shall be used to refer to
any license, permit, registration, or commission issued by the department
pursuant to the provisions of the law cited in this subsection.
(b)
The department shall have the authority to take any of the actions enumerated in
subsection (c) of this Code section upon a finding that the applicant or
licensee has:
(1)
Knowingly made any false statement of material information in connection with
the application for a license, or in statements made or on documents submitted
to the department as part of an inspection, survey, or investigation, or in the
alteration or falsification of records maintained by the agency, facility,
institution, or entity;
(2)
Failed or refused to provide the department with access to the premises subject
to regulation or information pertinent to the initial or continued licensing of
the agency, facility, institution, or entity;
(3)
Failed to comply with the licensing requirements of this state; or
(4)
Failed to comply with any provision of this Code section.
(c)
When the department finds that any applicant or licensee has violated any
provision of subsection (b) of this Code section or laws, rules, regulations, or
formal orders related to the initial or continued licensing of the agency,
facility, institution, or entity, the department, subject to notice and
opportunity for hearing, may take any of the following actions:
(1)
Refuse to grant a license; provided, however, that the department may refuse to
grant a license without holding a hearing prior to taking such
action;
(2)
Administer a public reprimand;
(3)
Suspend any license for a definite period or for an indefinite period in
connection with any condition which may be attached to the restoration of said
license;
(4)
Prohibit any applicant or licensee from allowing a person who previously was
involved in the management or control, as defined by rule, of any agency,
facility, institution, or entity which has had its license or application
revoked or denied within the past 12 months to be involved in the management or
control of such agency, facility, institution, or entity;
(5)
Revoke any license;
(6)
Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day
for each violation of a law, rule, regulation, or formal order related to the
initial or ongoing licensing of any agency, facility, institution, or entity;
or
(7)
Limit or restrict any license as the department deems necessary for the
protection of the public, including, but not limited to, restricting some or all
services of or admissions into an agency, facility, institution, or entity for a
time certain.
In
taking any of the actions enumerated in this subsection, the department shall
consider the seriousness of the violation, including the circumstances, extent,
and gravity of the prohibited acts, and the hazard or potential hazard created
to the health or safety of the public.
(d)
The department may deny a license or otherwise restrict a license for any
applicant who has had a license denied, revoked, or suspended within one year of
the date of an application or who has transferred ownership or governing
authority of an agency, facility, institution, or entity subject to regulation
by the department within one year of the date of a new application when such
transfer was made in order to avert denial, revocation, or suspension of a
license.
(e)
With regard to any contested case instituted by the department pursuant to this
Code section or other provisions of law which may now or hereafter authorize
remedial or disciplinary grounds and action, the department may, in its
discretion, dispose of the action so instituted by settlement. In such cases,
all parties, successors, and assigns to any settlement agreement shall be bound
by the terms specified therein and violation thereof by any applicant or
licensee shall constitute grounds for any action enumerated in subsection (c) of
this Code section.
(f)
The department shall have the authority to make public or private investigations
or examinations inside or outside of this state to determine whether the
provisions of this Code section or any other law, rule, regulation, or formal
order relating to the licensing of any agency, facility, institution, or entity
has been violated. Such investigations may
be
initiated at
any time, in the discretion of the department, and may continue during the
pendency of any action initiated by the department pursuant to subsection (c) of
this Code section.
(g)
For the purpose of conducting any investigation, inspection, or survey, the
department shall have the authority to require the production of any books,
records, papers, or other information related to the initial or continued
licensing of any agency, facility, institution, or entity.
(h)
Pursuant to the investigation, inspection, and enforcement powers given to the
department by this Code section and other applicable laws, the department may
assess against an agency, facility, institution, or entity reasonable and
necessary expenses incurred by the department pursuant to any administrative or
legal action required by the failure of the agency, facility, institution, or
entity to fully comply with the provisions of any law, rule, regulation, or
formal order related to the initial or continued licensing. Assessments shall
not include attorney's fees and expenses of litigation, shall not exceed other
actual expenses, and shall only be assessed if such investigations, inspection,
or enforcement actions result in adverse findings, as finally determined by the
department, pursuant to administrative or legal action.
(i)
For any action taken or any proceeding held under this Code section or under
color of law, except for gross negligence or willful or wanton misconduct, the
department, when acting in its official capacity, shall be immune from liability
and suit to the same extent that any judge of any court of general jurisdiction
in this state would be immune.
(j)
In an administrative or legal proceeding under this Code section, a person or
entity claiming an exemption or an exception granted by law, rule, regulation,
or formal order has the burden of proving this exemption or
exception.
(k)
This Code section and all actions resulting from its provisions shall be
administered in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
(l)
The provisions of this Code section shall be supplemental to and shall not
operate to prohibit the department from acting pursuant to those provisions of
law which may now or hereafter authorize remedial or disciplinary grounds and
action for the department. In cases where those other provisions of law so
authorize other disciplinary grounds and actions, but this Code section limits
such grounds or actions, those other provisions shall apply.
(m)
The department is authorized to promulgate rules and regulations to implement
the provisions of this Code section.
ARTICLE
2
49-2-20.
As
used in this part, the term:
(1)
'Inspection warrant' means a warrant authorizing a search or inspection of
private property where such a search or inspection is one that is necessary for
the enforcement of a residential child care licensing law.
(2)
'Residential child care licensing law' means this chapter and Chapter 5 of this
title and any rule or regulation duly promulgated thereunder.
49-2-21.
The
commissioner or the commissioner's designee, in addition to other procedures now
or hereafter provided, may obtain an inspection warrant under the conditions
specified in this part. Such warrant shall authorize the commissioner or the
commissioner's designee to conduct a search or inspection of property either
with or without the consent of the person whose property is to be searched or
inspected if such search or inspection is one that is elsewhere authorized under
the rules and regulations duly promulgated pursuant to a residential child care
licensing law.
49-2-22.
(a)
Inspection warrants shall be issued only by a judge of a court of record whose
territorial jurisdiction encompasses the property to be inspected.
(b)
The issuing judge shall issue the warrant when the judge is satisfied that the
following conditions are met:
(1)
The one seeking the warrant must establish under oath or affirmation that the
property to be inspected is to be inspected as a part of a legally authorized
program of inspection which includes that property or that there is probable
cause for believing that there is a condition, object, activity, or circumstance
which legally justifies such an inspection of that property; and
(2)
The issuing judge determines that the issuance of the warrant is authorized by
this part.
49-2-23.
The
inspection warrant shall be validly issued only if it meets the following
requirements:
(1)
The warrant is attached to the affidavit required to be made in order to obtain
the warrant;
(2)
The warrant describes either directly or by reference to the affidavit the
property upon which the inspection is to occur and is sufficiently accurate that
the executor of the
warrant and
the owner or possessor of the property can reasonably determine from it the
property of which the warrant authorizes an inspection;
(3)
The warrant indicates the conditions, objects, activities, or circumstances
which the inspection is intended to check or reveal; and
(4)
The warrant refers in general terms to the statutory or regulatory provisions
sought to be enforced.
49-2-24.
No
facts discovered or evidence obtained in an inspection conducted under authority
of an inspection warrant issued pursuant to this part shall be competent as
evidence in any criminal proceeding against any party.
49-2-25.
The
Department of Human Services is empowered to institute appropriate proceedings
for injunction in the courts of competent jurisdiction in this state for the
purpose of enjoining a violation of any provision of a residential child care
licensing law as now existing or as may be hereafter amended or of any
regulation or order duly issued by the board or department. The department is
also empowered to maintain action for injunction to abate any public nuisance
which is injurious to the public health, safety, or comfort. Such actions may
be maintained notwithstanding the fact that such violation also constitutes a
crime and notwithstanding that other adequate remedies at law exist. Such
actions may be instituted in the name of the department in the county in which a
violation of any provision of this title
occurs."
SECTION
2-2.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Department of Human Resources" wherever it occurs with "Department of
Human Services":
(1)
Code Section 2-7-102, relating to grounds for denial, suspension, revocation, or
modification of license, permit, or certification for use and application of
pesticides;
(2)
Code Section 10-1-855, relating to referral procedures to provide intervention
and assistance for elder or disabled persons;
(3)
Code Section 12-6-49.1, relating to denial or suspension of license for
noncompliance with child support order;
(4)
Code Section 15-11-8, relating to expenses charged to county and payment by
parents on court order;
(5)
Code Section 15-11-14, relating to emergency care and supervision of a child by
the Department of Human Resources;
(6)
Code Section 15-11-15, relating to detainment of child in temporary protective
custody of a physician;
(7)
Code Section 15-11-19, relating to the establishment of the Council of Juvenile
Court Judges;
(8)
Code Section 15-11-55, relating to disposition of a deprived child;
(9)
Code Section 15-11-58, relating to reasonable efforts regarding reunification of
family;
(10)
Code Section 15-11-71, relating to supervision fees for juvenile
courts;
(11)
Code Section 15-11-103, relating to placement of a child following a termination
order;
(12)
Code Section 15-11-171, relating to definitions relative to the "Georgia Child
Advocate for the Protection of Children Act";
(13)
Code Section 15-11A-4, relating to appointment of personnel to the Family Court
Division of the Superior Court of Fulton County;
(14)
Code Section 15-18-14, relating to appointment of prosecuting
attorneys;
(15)
Code Section 18-4-131, relating to definitions relative to continuing
garnishment for family support;
(16)
Code Section 19-6-15, relating to child support in final verdict or
decree;
(17)
Code Section 19-6-31, relating to definitions relative to income deduction
orders;
(18)
Code Section 19-6-33.1, relating to the family support registry;
(19)
Code Section 19-6-51, relating to members of the Georgia Child Support
Commission;
(20)
Code Section 19-7-5, relating to reporting of child abuse;
(21)
Code Section 19-7-6, relating to reporting of juvenile drug use;
(22)
Code Section 19-7-22, relating to petitions for legitimation of
child;
(23)
Code Section 19-7-40, relating to jurisdiction and administrative determination
of paternity;
(24)
Code Section 19-7-43, relating to petitions to establish paternity of a
child;
(25)
Code Section 19-7-52, relating to whom support payments may be
made;
(26)
Code Section 19-7-54, relating to motions to set aside determination of
paternity;
(27)
Code Section 19-8-1, relating to definitions relative to adoption;
(28)
Code Section 19-8-5, relating to surrender or termination of parental or
guardian's rights where child to be adopted by a third party;
(29)
Code Section 19-8-23, relating to where records of adoption are
kept;
(30)
Code Section 19-8-26, relating to how surrender of parental rights is
executed;
(31)
Code Section 19-9-122, relating to delegation of authority for the care of a
minor child;
(32)
Code Section 19-9-129, relating to the power of attorney form for the care of a
minor child;
(33)
Code Section 19-10A-5, relating to investigating and reporting utilization of
provisions under the "Safe Place for Newborns Act of 2002";
(34)
Code Section 19-10A-6, relating to reimbursement of medical costs under the
"Safe Place for Newborns Act of 2002";
(35)
Code Section 19-11-3, relating to definitions relative to the "Child Support
Recovery Act";
(36)
Code Section 19-11-9.1, relating to duty to furnish information about obligor to
the Department of Human Resources;
(37)
Code Section 19-11-9.2, relating to duty of employers to report hiring or
rehiring of persons;
(38)
Code Section 19-11-9.3, relating to suspension or denial of license for
noncompliance with child support order;
(39)
Code Section 19-11-18, relating to collection procedures for child support
payments in arrears;
(40)
Code Section 19-11-30.1, relating to the computer based registry for financial
institutions with regard to the "Child Support Recovery Act";
(41)
Code Section 19-11-30.2, relating to definitions relative to the computer based
registry for financial institutions with regard to the "Child Support Recovery
Act";
(42)
Code Section 19-11-30.3, relating to the responsibility of the Department of
Human Resources Bank Match Registry;
(43)
Code Section 19-11-58, relating to the Department of Human Resources designated
as the state information agency under the "Uniform Reciprocal Enforcement of
Support Act";
(44)
Code Section 19-11-102, relating to designated tribunals under the "Uniform
Interstate Family Support Act";
(45)
Code Section 19-11-110, relating to jurisdiction under the "Uniform Interstate
Family Support Act";
(46)
Code Section 19-11-127, relating to authority of district attorney to represent
the Department of Human Resources in a proceeding under the "Uniform Interstate
Family Support Act";
(47)
Code Section 19-11-129, relating to the Department of Human Resources as the
state information agency under the "Uniform Interstate Family Support
Act";
(48)
Code Section 19-13-20, relating to definitions relative to family violence
shelters;
(49)
Code Section 19-15-2, relating to child abuse protocol committees;
(50)
Code Section 19-15-3, relating to county multiagency child fatality review
committees;
(51)
Code Section 20-1A-60, relating to definitions relative to the Georgia Child
Care Council;
(52)
Code Section 20-2-133, relating to free public instruction for children in
elementary and secondary education;
(53)
Code Section 20-2-250, relating to projects to improve effectiveness in
elementary and secondary education;
(54)
Code Section 20-2-696, relating to duties of visiting teachers and attendance
officers;
(55)
Code Section 20-3-660, relating to creation of a program of postsecondary grants
for foster children and adopted children;
(56)
Code Section 29-4-2, relating to qualifications of guardians selected for
adults;
(57)
Code Section 29-4-3, relating to order of preference in selection of
guardians;
(58)
Code Section 29-9-10, relating to oath by a duly appointed delegate of the
Department of Human Resources;
(59)
Code Section 29-10-3, relating to qualifications and requirements of public
guardians;
(60)
Code Section 29-10-4, relating to registration of public guardians with the
probate court;
(61)
Code Section 29-10-10, relating to compensation of public
guardians;
(62)
Code Section 29-10-11, relating to appropriation of funds for compensation of
public guardians in certain circumstances;
(63)
Code Section 30-1-5, relating to the definition of a "hearing impaired
person";
(64)
Code Section 30-2-7, relating to compensation of workers in the Georgia
Industries for the Blind;
(65)
Code Section 30-5-3, relating to definitions relative to the "Disabled Adults
and Elder Persons Protection Act"'
(66)
Code Section 30-5-10, relating to cooperative effort in development of programs
relating to the abuse and exploitation of persons 65 years of age or
older;
(67)
Code Section 31-7-282, relating to collection and submission of health care
data;
(68)
Code Section 31-8-52, relating to the establishment of a long-term care
ombudsman program;
(69)
Code Section 31-8-116, relating to involuntary transfer of residents discharged
from a long-term care facility;
(70)
Code Section 31-10-9.1, relating to social security account information of
parents with respect to vital records;
(71)
Code Section 34-8-199, relating to uncollected overissuance of food stamp
coupons;
(72)
Code Section 39-4-1, relating to the definition of "appropriate public
authority" with respect to the Interstate Compact on the Placement of
Children;
(73)
Code Section 39-4-2, relating to the definition of "appropriate authority in the
receiving state" with respect to the Interstate Compact on the Placement of
Children;
(74)
Code Section 40-5-2, relating to keeping of records of applications for licenses
and information on licensees;
(75)
Code Section 40-5-54.1, relating to denial or suspension of license for
noncompliance with child support order;
(76)
Code Section 42-1-12, relating to the state sexual offender
registry;
(77)
Code Section 42-9-58, relating to effect of state pardons and paroles laws on
other laws respecting parole and probation;
(78)
Code Section 43-1-19, relating to grounds for refusing to grant or revoking
licenses by a professional licensing board;
(79)
Code Section 45-9-4, relating to the commissioner of administrative services to
purchase insurance or indemnity contracts;
(80)
Code Section 45-13-22, relating to distribution of Georgia Laws and journals of
the House of Representatives and Senate;
(81)
Code Section 46-4-152, relating to definitions relative to the "Natural Gas
Competition and Deregulation Act";
(82)
Code Section 46-4-158.3, relating to adequate and accurate consumer information
disclosure statements;
(83)
Code Section 48-7-29.15, relating to a tax credit for the adoption of a foster
child;
(84)
Code Section 49-3-1, relating to establishment of county and district
departments, boards, and directors;
(85)
Code Section 49-3-3, relating to appointment of county director; bond of county
director;
(86)
Code Section 49-3-4, relating to appointment of staff, salaries, and power of
the commissioner of human resources to transfer employees;
(87)
Code Section 49-3-6, relating to functions of county departments of family and
children services;
(88)
Code Section 49-4-2, relating to definitions relative to public
assistance;
(89)
Code Section 49-4-3, relating to establishment of categories of public
assistance;
(90)
Code Section 49-4-6, relating to reserves, income, and resources to be
disregarded in determining eligibility for public assistance;
(91)
Code Section 49-4-8, relating to applications for public
assistance;
(92)
Code Section 49-4-9, relating to investigation and record concerning application
for public assistance;
(93)
Code Section 49-4-14, relating to regulations as to records relating to public
assistance;
(94)
Code Section 49-4-36, relating to payment of assistance for needy individuals
who are 65 years of age or older after recipient moves to another
county;
(95)
Code Section 49-4-54, relating to duties of county departments under the "Aid to
the Blind Act";
(96)
Code Section 49-4-56, relating to reexamination of recipient's eyesight under
the "Aid to the Blind Act";
(97)
Code Section 49-4-60, relating to payment of assistance for needy blind
individuals after recipient moves to another county;
(98)
Code Section 49-4-85, relating to payment of assistance for needy individuals
who are totally and permanently disabled after recipient moves to another
county;
(99)
Code Section 49-4-162, relating to the establishment of the Georgia Qualified
Long-term Care Partnership Program;
(100)
Code Section 49-4-171, relating to a hearing on the petition for a personal
representative to manage assistance payments;
(101)
Code Section 49-4-181, relating to definitions relative to temporary assistance
for needy families;
(102)
Code Section 49-4-183, relating to administration of the temporary assistance
for needy families program by the Department of Human Resources;
(103)
Code Section 49-4-190, relating to construction of the laws relating to the
temporary assistance for needy families program;
(104)
Code Section 49-5-4, relating to the coordination of other state departments,
agencies, officers, and employees for children and youth services;
(105)
Code Section 49-5-7, relating to development and administration of public child
welfare and youth services;
(106)
Code Section 49-5-8, relating to powers and duties of the Department of Human
Resources with respect to programs and protection for children and
youth;
(107)
Code Section 49-5-12, relating to licensing and inspection of child welfare
agencies;
(108)
Code Section 49-5-41, relating to persons and agencies permitted access to child
abuse and deprivation records;
(109)
Code Section 49-5-41.1, relating to inspection and retention of records of
juvenile drug use;
(110)
Code Section 49-5-90, relating to definitions relative to emergency protection
of children in certain institutions;
(111)
Code Section 49-5-130, relating to legislative findings and intent relative to
the Governor's Office for Children and Families;
(112)
Code Section 49-5-154, relating to study of youth needs for delinquency
prevention and community based services;
(113)
Code Section 49-5-180, relating to definitions relative to a central child abuse
registry;
(114)
Code Section 49-5-281, relating to the bill of rights for foster
parents;
(115)
Code Section 49-6-20, relating to the creation of the Council on Aging;
(116)
Code Section 49-6-61, relating to definitions relative to community care and
services for the elderly;
(117)
Code Section 49-6-72, relating to definitions relative to the "Georgia Family
Caregiver Support Act";
(118)
Code Section 50-5-136, relating to the powers and authority of the State Use
Council; and
(119)
Code Section 50-27-55, relating to setoff of debt collection against lottery
prizes applicable to prizes of $5,000.00 or more.
SECTION
2-3.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Board of Human Resources" wherever it occurs with "Board of Human
Services":
(1)
Code Section 9-10-152, relating to grounds for continuance in any case pending
in the courts of this state for attendance by a board member at meeting of Board
of Human Resources;
(2)
Code Section 17-8-30, relating to grounds for granting of continuances in any
case pending in the courts of this state for party or party's counsel in
attendance as a board member at meeting of Board of Human
Resources;
(3)
Code Section 19-11-5, relating to debt to state created by payment of public
assistance under the "Child Support Recovery Act";
(4)
Code Section 30-5-6, relating to cooperation of other public agencies with the
director of the Division of Aging Services of the Department of Human Resources
under the "Disabled Adults and Elder Persons Protection Act";
(5)
Code Section 45-10-40, relating to prohibitions on contracting with state
institutions;
(6)
Code Section 45-10-41, relating to penalty for profiting from contracts with
state institutions generally;
(7)
Code Section 49-3-6, relating to functions of county departments of family and
children services;
(8)
Code Section 49-4-11, relating to award and payment of public assistance to
needy persons;
(9)
Code Section 49-4-12, relating to periodic redetermination of public assistance
awards;
(10)
Code Section 49-4-54, relating to duties of county departments under the "Aid to
the Blind Act";
(11)
Code Section 49-4-181, relating to definitions relative to temporary assistance
for needy families;
(12)
Code Section 49-4-183, relating to administration of the temporary assistance
for needy families program by the Department of Human Resources;
(13)
Code Section 49-5-12, relating to licensing and inspection of child welfare
agencies; and
(14)
Code Section 49-6-62, relating to the establishment of community care unit in
the Division of Aging Services of the Department of Human
Resources.
SECTION
2-4.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "commissioner of human resources" wherever it occurs with
"commissioner of human services":
(1)
Code Section 19-8-16, relating to investigation by child-placing agency or other
agent with respect to adoption;
(2)
Code Section 19-8-23, relating to where records of adoption are
kept;
(3)
Code Section 19-11-9, relating to location of absent parents by the Department
of Human Resources with respect to the "Child Support Recovery
Act";
(4)
Code Section 19-11-11, relating to issuance of subpoenas by the Department of
Human Resources with respect to the "Child Support Recovery Act";
(5)
Code Section 19-11-18, relating to collection procedures with respect to the
"Child Support Recovery Act";
(6)
Code Section 19-11-30.6, relating to reciprocal agreements with other states
with respect to the "Child Support Recovery Act";
(7)
Code Section 19-11-30.7, relating to construction of the "Child Support Recovery
Act";
(8)
Code Section 19-11-30.8, relating to annual reports with respect to the "Child
Support Recovery Act";
(9)
Code Section 19-11-30.9, relating to information subject to disclosure with
respect to the "Child Support Recovery Act";
(10)
Code Section 19-11-30.11, relating to fee on levied accounts with respect to the
"Child Support Recovery Act";
(11)
Code Section 20-1A-61, relating to the members of the Child Care
Council;
(12)
Code Section 28-5-60, relating to creation of the Claims Advisory
Board;
(13)
Code Section 30-1-5, relating to the definition of a "hearing impaired
person";
(14)
Code Section 30-2-7, relating to compensation of workers in the Georgia
Industries for the Blind;
(15)
Code Section 31-8-53, relating to duties of the state long-term care
ombudsman;
(16)
Code Section 45-7-7, relating to compensation and allowances of certain public
officials not to be changed without giving public notice;
(17)
Code Section 45-9-4, relating to commissioner of administrative services to
purchase insurance or indemnity contracts insuring or indemnifying state
officers, officials, or employees against personal liability;
(18)
Code Section 49-3-3, relating to appointment of the director of each county
board of family and children services;
(19)
Code Section 49-3-4, relating to appointment of the staff of each county board
of family and children services;
(20)
Code Section 49-4-15.1, relating to examination of financial records in
instances of alleged fraud by recipients of food stamps and public
assistance;
(21)
Code Section 49-4A-3, relating to the creation of the Department of Juvenile
Justice;
(22)
Code Section 49-5-90, relating to definitions relative to emergency protection
of children in certain institutions;
(23)
Code Section 49-8-3, relating to definitions relative to "The Economic
Rehabilitation Act of 1975";
(24)
Code Section 50-5-69, relating to state purchases without competitive bidding;
and
(25)
Code Section 50-5-135, relating to the creation of the State Use
Council.
SECTION
2-5.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "Office of Aging" or "Office of Aging Section" wherever it occurs with
"Division of Aging Services":
(1)
Code Section 10-1-855, relating to referral procedures to provide intervention
and assistance for elder or disabled persons;
(2)
Code Section 49-6-5, relating to the creation of the Office of Aging Section
within the Department of Human Resources; and
(3)
Code Section 49-6-20, relating to the creation of the Council on
Aging.
SECTION
2-6.
Code
Section 10-1-395 of the Official Code of Georgia Annotated, relating to the
appointment and duties of the administrator and the creation of the Consumer
Advisory Board, is amended by revising subsection (a) as follows:
"(a)
The administrator shall be appointed by the Governor and shall serve at his
pleasure. The office of the administrator shall be attached to the office of
the Governor for administrative purposes only. The administrator shall perform
all functions formerly performed by the Consumer Services Unit of the Division
of Special Programs of the Department of Human Resources
(now known as
the Department of Human
Services)."
SECTION
2-7.
Code
Section 15-11-63 of the Official Code of Georgia Annotated, relating to
commitment of child 13 to 17 years of age to custody of Department of
Corrections, is amended by revising paragraph (2) of subsection (e) as
follows:
"(2)
During the placement or any extension thereof:
(A)
After the expiration of the period provided in subparagraph (C) of paragraph (1)
of this subsection, the child shall not be released from intensive supervision
without the written approval of the commissioner of juvenile justice or such
commissioner's designated deputy;
(B)
While in a youth development center, the child may be permitted to participate
in all youth development center services and programs and shall be eligible to
receive special medical and treatment services, regardless of the time of
confinement in the youth development center. After the first six months of
confinement in a youth development center, a child may be eligible to
participate in youth development center sponsored programs including community
work programs and sheltered workshops under the general supervision of a youth
development center staff outside of the youth development center; and, in
cooperation and coordination with the Department of Human
Resources
Services,
the child may be allowed to participate in state sponsored programs for
evaluation and services under the Division of Rehabilitation Services of the
Department of Labor and the
Division of
Mental Health, Developmental Disabilities, and Addictive Diseases of the
Department of Human Resources
Department of
Behavioral Health and Developmental
Disabilities;
(C)
The child shall not be discharged from the custody of the Department of Juvenile
Justice unless a motion therefor is granted by the court, which motion shall not
be made prior to the expiration of one year of custody; and
(D)
Unless otherwise specified in the order, the Department of Juvenile Justice
shall report in writing to the court not less than once every six months during
the placement on the status, adjustment, and progress of the child;
and"
SECTION
2-8.
Code
Section 19-15-1 of the Official Code of Georgia Annotated, relating to
definitions relative to child abuse, is amended by revising paragraph (4) as
follows:
"(4)
'Child protection professional' means any person who is employed by the state or
a political subdivision of the state as a law enforcement officer, school
teacher, school administrator, or school counselor or who is employed to render
services to children by the
Department of
Community Health, the Department of Behavioral Health and Developmental
Disabilities, or the Department of Human
Resources
Services
or any county board of
health,
community service board, or county
department of family and children services."
SECTION
2-9.
Code
Section 20-1A-3 of the Official Code of Georgia Annotated, relating to the
commissioner and board of the Department of Early Care and Learning, is amended
by revising subsection (d) as follows:
"(d)
The board shall determine policies and promulgate rules and regulations for the
operation of the department including:
(1)
Functions formerly performed by the Office of School Readiness, including, but
not limited to, Even Start;
(2)
Functions transferred to the department from the Department of Human
Resources (now
known as the Department of Human Services)
relating to day-care centers, group day-care homes, family day-care homes, and
other functions as agreed upon by the department and the Department of Human
Resources (now
known as the Department of Human Services)
in accordance with Code Section 20-1A-8;
(3)
Functions transferred to the department from the Georgia Child Care Council
pursuant to Code Section 20-1A-63; and
(4)
Functions relating to early childhood education programs transferred from the
Department of Education by agreement in accordance with Code Section
20-1A-17."
SECTION
2-10.
Code
Section 20-1A-4 of the Official Code of Georgia Annotated, relating to the
powers and duties of the Department of Early Care and Learning, is amended by
revising paragraph (8) as follows:
"(8)
To perform any other functions as agreed upon between the department and the
Department of Human Resources
(now known as
the Department of Human Services),
pursuant to Code Section 20-1A-8;"
SECTION
2-11.
Code
Section 20-1A-8 of the Official Code of Georgia Annotated, relating to the
transfer of functions, powers, personnel, equipment, and assets from Department
of Human Resources to the Department of Early Care and Learning, is amended by
revising subsections (a) and (b) as follows:
"(a)
Effective October 1, 2004, the department shall carry out all of the functions
and exercise all of the powers formerly held by the Department of Human
Resources (now
known as the Department of Human Services)
for the regulation and licensure of early care and education programs and any
other functions as agreed upon by the department and the Department of Human
Resources. Subject to subsection (c) of this Code section, all persons employed
by and positions authorized for the Department of Human Resources to perform
functions relating to the licensure and certification of early care and
education programs and any other functions as agreed upon by the department and
the Department of Human Resources on September 30, 2004, shall on October 1,
2004, be transferred to the department. All office equipment, furniture, and
other assets in possession of the Department of Human Resources which are used
or held exclusively or principally by personnel transferred under this
subsection shall be transferred to the department on October 1,
2004.
(b)
Effective October 1, 2004, notwithstanding the advisory functions of the Georgia
Child Care Council included in Code Section 20-1A-63, the department shall carry
out the functions and exercise the powers formerly held by the Georgia Child
Care Council under former Article 11 of Chapter 5 of Title 49. Subject to
subsection (c) of this Code section, all persons employed by and positions
authorized for the Georgia Child Care Council to perform functions relating to
the recommendation of measures to improve the quality, availability, and
affordability of child care in this state on September 30, 2004, shall on
October 1, 2004, be transferred to the department. All office equipment,
furniture, and other assets in possession of the Georgia Child Care Council or
the Department of Human
Resources,
(now known as the Department of Human
Services) which are used or held
exclusively or principally by personnel transferred under this subsection shall
be transferred to the department on October 1, 2004."
SECTION
2-12.
Code
Section 20-1A-9 of the Official Code of Georgia Annotated, relating to the
authority to license and regulate day-care centers, group day-care homes, and
family day-care homes transferred to the Department of Early Care and Learning,
is amended as follows:
"20-1A-9.
The
department shall succeed to all rights and responsibilities relating to
licensure and regulation of day-care centers, group day-care homes, and family
day-care homes, including such rules, regulations, policies, procedures, and
pending and finalized administrative orders of the Department of Human Resources
(now known as
the Department of Human Services), the
Georgia Child Care Council, and the Office of State Administrative Hearings,
where applicable, which are in effect on September 30, 2004, and which relate to
the functions transferred to the department pursuant to Code Section 20-1A-8.
Such rights, responsibilities, licenses issued pursuant to previous law,
procedures, and orders shall remain in effect until amended, repealed,
superseded, or nullified by the commissioner. Such rules, regulations, and
policies shall remain in effect until amended, repealed, superseded, or
nullified by the board."
SECTION
2-13.
Code
Section 24-9-101, of the Official Code of Georgia Annotated, relating to
definitions relative to use of sign language and intermediary interpreter in
administrative and judicial proceedings, is amended by revising paragraph (2) as
follows:
"(2)
'Department' means the Department of
Human
Resources
Labor."
SECTION
2-14.
Code
Section 30-5-7 of the Official Code of Georgia Annotated, relating to
confidentiality of public records for the protection of disabled adults and
elder persons, is amended as follows:
"30-5-7.
All
records pertaining to the abuse, neglect, or exploitation of disabled adults or
elder persons in the custody of the department shall be confidential; and access
thereto by persons other than the department, the director, or the district
attorney shall only be by valid subpoena or order of any court of competent
jurisdiction. Nothing in this Code section shall be construed to deny
state agencies
participating in joint investigations at the request of and with the department
or to deny law enforcement personnel who
are conducting an investigation into any criminal offense in which an elder
person is a victim from having access to such records.
SECTION
2-15.
Chapter
4 of Title 31 of the Official Code of Georgia Annotated, relating to the Council
on Maternal and Infant Health, is repealed in its entirety and
reserved.
SECTION
2-16.
Code
Section 31-8-51 of the Official Code of Georgia Annotated, relating to
definitions relative to the long-term care ombudsman, is amended by adding a new
paragraph to read as follows:
"(1.1)
'Department' means the Department of Human
Services."
SECTION
2-17.
Code
Section 34-15-2 of the Official Code of Georgia Annotated, relating to the July
2001 transfer of the Division of Rehabilitation Services to the Department of
Labor, is amended by revising subsection (a) as follows:
"(a)
The Division of Rehabilitation Services within the Department of Human
Resources (now
known as the Department of Human
Services), including the disability
adjudication section and the Roosevelt Warm Springs Institute for
Rehabilitation, is transferred to the Department of Labor on July 1, 2001, and
that division shall become the Division of Rehabilitation Services of the
Department of Labor on July 1, 2001. The functions, duties, programs,
institutions, and authority of the Division of Rehabilitation Services which
were vested in the Department of Human Resources on June 30, 2001, are vested in
the Department of Labor effective July 1, 2001. The division shall be
administered by a director appointed by the Commissioner. The policy-making
functions which were vested in the Board of Human Resources
(now known as
the Board of Human Services) or the
Department of Human Resources pertaining to the Division of Rehabilitation
Services are vested in the Commissioner of Labor effective July 1,
2001."
SECTION
2-18.
Code
Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to
special license plates promoting certain beneficial projects and supporting
certain worthy agencies, funds, or nonprofit corporations, is amended by
revising paragraphs (14) and (33) of subsection (o) as follows:
"(14)
A special license plate for the Thanks Mom and Dad Fund. The funds raised by
the sale of this special license plate shall be disbursed to the Department of
Human
Resources
Services
to address the key needs of the state's older population or a nonprofit
corporation organized to serve the needs of the state's older
population."
"(33)
A special license plate supporting programs for the treatment of autism. The
funds raised by the sale of this special license plate shall be disbursed to the
Department of
Human
Resources
Behavioral
Health and Developmental Disabilities for
the support of programs for the treatment of autism in
Georgia."
SECTION
2-19.
Code
Section 45-20-90 of the Official Code of Georgia Annotated, relating to
definitions relative to random drug testing of public employees in high-risk
jobs, is amended by revising paragraph (2) as follows:
"(2)
'Established drug test' means the collection and testing of bodily fluids
administered in a manner equivalent to that required by the Mandatory Guidelines
for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979,
et seq., as amended) or other professionally valid procedures approved by the
commissioner
of human resources
State
Personnel Board."
SECTION
2-20.
Code
Section 46-1-5 of the Official Code of Georgia Annotated, relating to duties of
the Department of Human Resources with regard to assistance to low or fixed
income consumers of gas and electric service, is amended as
follows:
"46-1-5.
By
March 2, 1982, the Department of Human Resources
(now known as
the Department of Human Services) shall
develop a program to identify those low or fixed income consumers of gas and
electric utility service who, in the department's opinion, should benefit from
public assistance in paying their bills for gas and electric service. The
department shall also establish an efficient and economical method for
distributing to such consumers all public assistance funds which will be made
available, whether by appropriations of state or federal funds, grants, or
otherwise. All gas and electric utilities shall cooperate fully with the
department in developing and implementing its program. Nothing in this Code
section shall limit the commission's authority to order regulatory alternatives
which assist low or fixed income ratepayers."
SECTION
2-21.
Code
Section 48-7-161 of the Official Code of Georgia Annotated, relating to
definitions relative to setoff debt collection, is amended as
follows:
"48-7-161.
As
used in this article, the term:
(1)
'Claimant agency' means and includes, in the order of priority set forth
below:
(A)
The Department of Human
Resources
Services and
the Department of Behavioral Health and Developmental
Disabilities with respect to collection of
debts under
Chapter 9
of Title 37, Article 1 of Chapter 11 of
Title 19,
and
Code Section
49-4-15