09 LC 33
3066S
House
Bill 228 (COMMITTEE SUBSTITUTE)
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
establish the Department of Public and Behavioral Health; to reassign various
functions of the Department of Human Resources to the Department of Public and
Behavioral Health; to provide for transition to the new agency; to create a new
board for the Department of Public and Behavioral Health; to establish the
position of State Health Officer; to establish the Health Coordinating Council;
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 Public and Behavioral Health.
Department of Public and Behavioral Health.
SECTION
1-1.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended by
revising Chapter 2, relating to the Department of Human Resources, as
follows:
"CHAPTER
2
31-2-1.
The
General Assembly finds that the multiple health service issues confronting
Georgia citizens and delivered by the state beg for improved coordination and
integrated delivery systems. Scientific and service delivery research
increasingly identify the relationship of physical, mental, and developmental
conditions with and to each other and accent that good mental and physical
health and well-being can best be achieved with an awareness of how the mind and
body interact. The General Assembly further finds that Georgia citizens
suffering from one physical ailment may also suffer from disabling mental or
developmental conditions and that many such health issues frequently co-occur
with addictive disease or substance abuse. Georgia has multiple delivery systems
for the detection, prevention, and treatment of mental, physical,
developmental, and substance abuse conditions which too often exist in separate
programs, divisions, or departments without sufficient coordinated planning and
funding. Greater efficiencies and more effective outcomes can be achieved by
organizing and delivering services with awareness of a citizen's whole
condition. The General Assembly, therefore, desires to create a Department of
Public and Behavioral Health as specified in this chapter combining the mental
health, addictive disease, public health, and developmental disability services
provided by the State of Georgia.
31-2-2.
(a)
There is created the Board of Public and Behavioral Health which shall establish
the general policy to be followed by the Department of Public and Behavioral
Health. The powers, functions, and duties of the Board of Human Resources as
they existed on June 30, 2009, with regard to the Division of Mental Health,
Developmental Disabilities, and Addictive Diseases and with regard to the
Division of Public Health, unless otherwise provided in this Act, are
transferred to the Board of Public and Behavioral Health effective July 1, 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.
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. 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.
31-2-3.
(a)
There is created a Department of Public and Behavioral Health. The powers,
functions, and duties of the Department of Human Resources as they existed on
June 30, 2009, relating to the Division of Mental Health, Developmental
Disabilities, and Addictive Diseases and the Division of Public Health, unless
otherwise provided in this Act, are transferred to the Department of Public and
Behavioral Health effective July 1, 2009.
(b)
There is created the position of commissioner of public and behavioral health.
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.
31-2-4.
(a)
The Department of Public and Behavioral 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 Public and Behavioral Health pursuant to Code Section
31-2-3 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
Public and Behavioral Health pursuant to Code Section 31-2-3. Such rules,
regulations, policies, procedures, and administrative orders shall remain in
effect until amended, repealed, superseded, or nullified by the Department of
Public and Behavioral Health 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 Public and Behavioral Health pursuant to Code Section 31-2-3
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 Public and Behavioral Health. In all such instances, the
Department of Public and Behavioral Health shall be substituted for the
Department of Human Resources, and the Department of Public and Behavioral
Health 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 Public and Behavioral
Health pursuant to Code Section 31-2-3 on June 30, 2009, shall, on July 1, 2009,
become employees of the Department of Public and Behavioral Health in similar
capacities, as determined by the commissioner of public and behavioral health.
Such employees shall be subject to the employment practices and policies of the
Department of Public and Behavioral 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 Public and Behavioral
Health.
31-2-1.31-2-5.
The
Department of
Human
Resources
Public and
Behavioral Health is
created
and established to
provide a
mental health, developmental disability, and addictive disease system in this
state pursuant to Title 37 and 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,
and psychological 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,
emergency preparedness, and emergency
response;
(7)
Detect
Prevent,
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.
31-2-6.
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. 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.
31-2-7.
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.
31-2-8.
(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
Public and
Behavioral 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.
(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.
31-2-9.
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.
31-2-10.
(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
Chapter
13 of this
title;
Chapter 5 of Title 26; paragraph (16) of subsection (b) and subsection (c) of
Code Section 37-1-20; 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 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.
31-2-11.
(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.
31-2-12.
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
conducted by the Department of Human
Resources) 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.
31-2-13.
(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
department.
(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,
and
Division of Family and Children Services
of the
Department of Human
Services,
and
the
Division of Mental Health, Developmental Disabilities, and Addictive Diseases
of the
department, 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
department
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
causes of
injury;
(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)
The position of State Health Officer is created. The commissioner of public and
behavioral health or the director of the Division of Public Health of the
Department of Public and Behavioral Health shall be the State Health Officer, as
designated by the Governor.
(b)
The State Health Officer shall perform such health emergency preparedness duties
as assigned by the Governor.
31-2-15.
(a)
There is created the Health Coordinating Council. The council shall consist of
the commissioner of public and behavioral health; the commissioner of human
services; the commissioner of juvenile justice; the commissioner of corrections;
an adult consumer of public or behavioral health services, appointed by the
Governor; a family member of a consumer of public or behavioral health services,
appointed by the Governor; a parent of a child receiving public or behavioral
health services, appointed by the Governor; a member of the House of
Representatives, appointed by the Speaker of the House of Representatives; and a
member of the Senate, appointed by the Lieutenant Governor.
(b)
The commissioner of public and behavioral health shall be the chairperson of the
council. A vice chairperson and a secretary shall be selected by the members of
the council as prescribed in the council's bylaws.
(c)
Meetings of the council shall be held quarterly, or more frequently, on the call
of the chairperson. Meetings of the council shall be held with no less than
five days' public notice for regular meetings and with such notice as the bylaws
may prescribe for special meetings. Each member shall be given written notice
of all meetings. All meetings of the council shall be subject to the provisions
of Chapter 14 of Title 50. Minutes or transcripts shall be kept of all
meetings of the council and shall include a record of the votes of each member,
specifying the yea or nay vote or absence of each member, on all questions and
matters coming before the council. No member may abstain from a vote other than
for reasons constituting disqualification to the satisfaction of a majority of a
quorum of the council on a recorded vote. No member of the council shall be
represented by a delegate or agent.
(d)
Except as otherwise provided in this Code section, a majority of the members of
the council then in office shall constitute a quorum for the transaction of
business. No vacancy on the council shall impair the right of the quorum to
exercise the powers and perform the duties of the council. The vote of a
majority of the members of the council present at the time of the vote, if a
quorum is present at such time, shall be the act of the council unless the vote
of a greater number is required by law or by the bylaws of the
council.
(e)
The council shall inform the Governor, the board, and the department of the
efficacy of the state public health programs and services and state mental
health, developmental disabilities, and addictive diseases programs and services
and the need for specific changes to such services and programs. The council
shall also provide guidance and assistance to the regional planning boards,
hospitals, community service boards, county boards of health, and other private
or public providers in the performance of their duties. In addition, with
respect to mental health, developmental disabilities, and addictive diseases
programs and services, the council shall:
(1)
Develop solutions to the systemic barriers or problems to the delivery of
behavioral health services by making recommendations that implement funding,
policy changes, practice changes, and evaluation of specific goals designed to
improve services delivery and outcome for individuals served by the various
departments;
(2)
Focus on specific goals designed to resolve issues for provision of behavioral
health services that negatively impact individuals serviced by various divisions
and departments, including but not limited to the interactions and effects on
physical disease conditions of mental illnesses, addictive diseases, and
developmental disabilities, and vice versa, so that service planning, delivery,
and reimbursement may be coordinated and integrated among relevant divisions and
departments to encourage effective treatment of the whole person and improve
morbidity and mortality outcomes for citizens suffering from multiple
conditions;
(3)
Monitor and evaluate the implementation of established goals; and
(4)
Establish common inspections, surveys, monitoring, and outcome measures among
the relevant programs.
(f)(1)
The council may consult with various entities, including state agencies,
councils, and advisory committees and other advisory groups, as deemed
appropriate by the council.
(2)
All state departments, agencies, boards, bureaus, commissions, and authorities
shall make available to the council access to records or data which are
available in electronic format or, if electronic format is unavailable, in
whatever format is available. The judicial and legislative branches are
authorized to likewise provide such access to the council.
(g)
The council shall be attached to the Department of Public and Behavioral Health
for administrative purposes only as provided by Code Section
50-4-3.
(h)(1)
The council shall submit annual reports of its recommendations and evaluation of
their implementation to the Governor and the General Assembly.
(2)
The recommendations developed by the council shall be presented to the board of
each member department for approval or review at least annually.
(i)
For purposes of this Code section, the term 'behavioral health services' has the
same meaning as 'disability services' as defined in Code Section
37-2-2."
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
Public and
Behavioral Health.
(2)
'Commissioner' means the commissioner of
human
resources
public and
behavioral health.
(3)
'Department' means the Department of
Human
Resources
Public and
Behavioral Health."
SECTION
1-3.
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
Public and Behavioral 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 12-2-8, relating to promulgation of minimum standards and
procedures for protection of natural resources, environment, and vital areas of
the state;
(4)
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;
(5)
Code Section 12-5-175, relating to fluoridation of public water
systems;
(6)
Code Section 12-8-1, relating to notice of denial of individual sewage disposal
permits;
(7)
Code Section 15-11-66.1, relating to disposition of a child committing
delinquent act constituting AIDS transmitting crime;
(8)
Code Section 15-11-73, relating to juvenile traffic offenses;
(9)
Code Section 15-11-152, relating to ordering an evaluation of a child's mental
condition;
(10)
Code Section 15-21-143, relating to appointment of members and personnel of the
Brain and Spinal Injury Trust Fund Commission;
(11)
Code Section 16-6-13.1, relating to testing for sexually transmitted
diseases;
(12)
Code Section 16-7-83, relating to persons convicted or under indictment for
certain offenses;
(13)
Code Section 16-11-129, relating to license to carry pistol or
revolver;
(14)
Code Section 16-12-141, relating to when abortion is legal;
(15)
Code Section 16-12-141.1, relating to disposal of aborted fetuses;
(16)
Code Section 17-7-130, relating to proceedings upon plea of mental incompetency
to stand trial;
(17)
Code Section 17-7-131, relating to proceedings upon plea of insanity or mental
incompetency at time of crime;
(18)
Code Section 17-10-15, relating to AIDS transmitting crimes;
(19)
Code Section 19-3-41, relating to preparation by the Department of Human
Resources of a marriage manual on family planning and other
material;
(20)
Code Section 20-2-142, relating to prescribed courses in elementary and
secondary schools on alcohol, tobacco, and drug use;
(21)
Code Section 20-2-143, relating to sex education and AIDS prevention instruction
in elementary and secondary schools;
(22)
Code Section 20-2-144, relating to mandatory instruction in elementary and
secondary schools concerning alcohol and drug use;
(23)
Code Section 20-2-260, relating to capital outlay funds generally;
(24)
Code Section 20-2-770, relating to rules and regulations for nutritional
screening and eye, ear, and dental examinations of students;
(25)
Code Section 20-2-771, relating to immunization of students in elementary and
secondary education;
(26)
Code Section 20-2-772, relating to rules and regulations for screening of
students for scoliosis;
(27)
Code Section 24-9-40, relating to when medical information may be released by a
physician, hospital, health care facility, or pharmacist;
(28)
Code Section 24-9-47, relating to disclosure of AIDS confidential
information;
(29)
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;
(30)
Code Section 26-2-371, relating to permits required for food service
establishments;
(31)
Code Section 26-2-372, relating to the issuance of permits for food service
establishments;
(32)
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;
(33)
Code Section 26-2-374, relating to contents and posting of notices relating to
assistance to persons choking;
(34)
Code Section 26-2-375, relating to enforcement of laws regarding the regulation
of food service establishments;
(35)
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;
(36)
Code Section 26-2-377, relating to penalties for violation of laws regarding the
regulation of food service establishments;
(37)
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;
(38)
Code Section 26-4-5, relating to definitions relative to the "Georgia Pharmacy
Practice Act";
(39)
Code Section 26-4-85, relating to patient counseling by a
pharmacist;
(40)
Code Section 26-4-116, relating to emergency service providers with respect to
dangerous drugs and controlled substances;
(41)
Code Section 26-4-192, relating to the state-wide program for distribution of
unused prescription drugs for the benefit of medically indigent
persons;
(42)
Code Section 31-1-3.2, relating to hearing screenings for newborns;
(43)
Code Section 31-3-4, relating to powers of county boards of health;
(44)
Code Section 31-3-11, relating to appointments of director and staff of county
board of health;
(45)
Code Section 31-5-1, relating to adoption of rules and regulations by the
Department of Human Resources and county boards of health;
(46)
Code Section 31-5-9, relating to injunctions for enjoining violations of the
provisions of Title 31;
(47)
Code Section 31-5-20, relating to the definition of the term "inspection
warrant" with respect to enforcement of certain public health laws;
(48)
Code Section 31-5-21, relating to persons who may obtain inspection
warrants;
(49)
Code Section 31-8-193, relating to the establishment of a program to provide
health care services to low-income recipients;
(50)
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";
(51)
Code Section 31-9A- 6, relating to reporting requirements under the "Woman's
Right to Know Act";
(52)
Code Section 31-10-1, relating to definitions relative to vital
records;
(53)
Code Section 31-11-1, relating to findings of the General Assembly and
declaration of policy with respect to emergency medical services;
(54)
Code Section 31-11-3, relating to recommendations by local coordinating entity
as to administration of the Emergency Medical Systems Communication
Program;
(55)
Code Section 31-11-81, relating to definitions relative to emergency
services;
(56)
Code Section 31-11-100, relating to definitions relative to the Georgia Trauma
Care Network Commission;
(57)
Code Section 31-11-101, relating to the creation of the Georgia Trauma Care
Network Commission;
(58)
Code Section 31-11-102, relating to the duties and responsibilities of the
Georgia Trauma Care Network Commission;
(59)
Code Section 31-11-110, relating to legislative findings relative to a system of
certified stroke centers;
(60)
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;
(61)
Code Section 31-12A-9, relating to a continuing education program relative to
the "Georgia Smokefree Air Act of 2005";
(62)
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";
(63)
Code Section 31-13-3, relating to definitions relative to the "Georgia Radiation
Control Act";
(64)
Code Section 31-13-4, relating to administration of state-wide radiation control
program for radiation generating equipment;
(65)
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";
(66)
Code Section 31-13-8.2, relating to licensing of diagnostic and therapeutic
medical uses of radioactive materials;
(67)
Code Section 31-13-9, relating to records of use of radiation sources and
exposure of employees to radiation;
(68)
Code Section 31-13-10, relating to suspension, revocation, and amendment of
license or registration of radiation generating equipment;
(69)
Code Section 31-13-11, relating to impounding and condemnation of radiation
generating equipment and radioactive materials;
(70)
Code Section 31-13-12, relating to the license requirements under the "Georgia
Radiation Control Act";
(71)
Code Section 31-13-13, relating to penalties under the "Georgia Radiation
Control Act";
(72)
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";
(73)
Code Section 31-14-2, relating to petition for commitment of a person who has
active tuberculosis;
(74)
Code Section 31-14-9, relating to procedure for securing discharge of a person
committed for active tuberculosis;
(75)
Code Section 31-15-2, relating to the establishment of a program for the
prevention, control, and treatment of cancer;
(76)
Code Section 31-16-2, relating to the establishment of a program for the
prevention, control, and treatment of kidney disease;
(77)
Code Section 31-17-2, relating to the report of diagnosis or treatment to health
authorities of a case of venereal disease;
(78)
Code Section 31-17-3, relating to examination and treatment by health
authorities for venereal disease;
(79)
Code Section 31-17-4.2, relating to HIV pregnancy screening;
(80)
Code Section 31-17A-2, relating to examination of persons infected or suspected
of being infected with HIV;
(81)
Code Section 31-17A-3, relating to refusal to consent to an HIV
test;
(82)
Code Section 31-21-25, relating to bonds required prior to receiving unclaimed
bodies;
(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 31-26-2, relating to the requirement of a certificate to practice
midwifery;
(86)
Code Section 31-27-2, relating to the requirement of a permit for a mass
gathering;
(87)
Code Section 31-28-2, relating to issuance of permits to operate a tourist
court;
(88)
Code Section 31-28-5, relating to standards for health, sanitation, and safety
of tourist courts;
(89)
Code Section 31-28-6, relating to inspection of premises of tourist
courts;
(90)
Code Section 31-30-9, relating to effectiveness of chapter on reports on
veterans exposed to agent orange;
(91)
Code Section 31-34-5, relating to service cancelable loans under the "Physicians
for Rural Areas Assistance Act";
(92)
Code Section 31-35-10, relating to definitions relative to bioterrorism
protection for emergency providers;
(93)
Code Section 31-40-2, relating to issuance of permits for tattoo
studios;
(94)
Code Section 31-40-5, relating to rules and regulations relative to tattoo
studios;
(95)
Code Section 31-40-6, relating to enforcement of chapter regulating tattoo
studios;
(96)
Code Section 31-40-8, relating to a public education program relative to tattoo
studios;
(97)
Code Section 31-45-8, relating to inspections by the county board of health of
public swimming pools;
(98)
Code Section 31-45-9, relating to suspension or revocation of permit for a
public swimming pool;
(99)
Code Section 31-45-10, relating to rules and regulations relative to public
swimming pools;
(100)
Code Section 31-45-11, relating to enforcement of rules and regulations relative
to public swimming pools;
(101)
Code Section 31-46-4, relating to the Georgia Commission for Saving the
Cure;
(102)
Code Section 33-24-59.7, relating to insurance coverage for the treatment of
morbidly obese patients;
(103)
Code Section 34-9-1, relating to definitions relative to workers'
compensation;
(104)
Code Section 35-1-8, relating to acquisition, collection, classification, and
preservation of information assisting in identifying deceased persons and
locating missing persons;
(105)
Code Section 37-1-90, relating to injections for the purpose of enjoining
violations;
(106)
Code Section 37-2-2, relating to definitions relative to mental
health.
(107)
Code Section 37-2-2.1, relating to the creation of the Division of Mental
Health, Developmental Disabilities, and Addictive Diseases;
(108)
Code Section 37-2-6.1, relating to program directors, staff, budget, and
facilities of community service boards;
(109)
Code Section 37-3-146, relating to education of children undergoing treatment in
a facility for persons who are mentally ill;
(110)
Code Section 37-3-150, relating to right to appeal orders of probate court,
juvenile court, or hearing examiner;
(111)
Code Section 37-4-4, relating to coordination of training programs for the
mentally retarded;
(112)
Code Section 37-4-110, relating to appeal rights of clients, their
representatives, or attorneys relating to habilitation of mentally retarded
persons;
(113)
Code Section 37-5-4, relating to applicability of the "Community Services Act
for the Mentally Retarded";
(114)
Code Section 37-5-7, relating to duty of the Department of Human Resources to
provide consulting and financial assistance to county boards of
health;
(115)
Code Section 37-7-3, relating to coordination of state drug and alcohol abuse
programs;
(116)
Code Section 37-7-146, relating to education of children undergoing treatment in
a facility for persons who are alcoholics, drug dependent individuals, or drug
abusers;
(117)
Code Section 37-7-150, relating to right to appeal orders of probate court,
juvenile court, or hearing examiner;
(118)
Code Section 37-10-2, relating to the Interstate Compact on Mental
Health;
(119)
Code Section 38-3-22, relating to the Governor's emergency management powers and
duties;
(120)
Code Section 38-3-51, relating to emergency powers of the Governor;
(121)
Code Section 40-5-82, relating to administration of the Driver Improvement
Program;
(122)
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;
(123)
Code Section 42-1-7, relating to notification to transporting law enforcement
agency of inmate's or patient's infectious or communicable disease;
(124)
Code Section 42-4-6, relating to confinement and care of tubercular
inmates;
(125)
Code Section 42-4-32, relating to sanitation and health requirements for
jails;
(126)
Code Section 42-5-52, relating to classification and separation of
inmates;
(127)
Code Section 42-8-35.3, relating to conditions of probation for stalking or
aggravated stalking;
(128)
Code Section 42-9-41, relating to duty of the State Board of Pardons and Paroles
to obtain and place in records information respecting persons subject to relief
or placed on probation;
(129)
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;
(130)
Code Section 43-11-74, relating to direct supervision requirement of dental
hygienists by a licensed dentist;
(131)
Code Section 43-12A-5, relating to provider centers that engage in the practice
of providing, installing, or monitoring ignition interlock devices not to
operate under any name deceptively similar to another business;
(132)
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;
(133)
Code Section 43-18-1, relating to definitions relative to the regulation of
funeral directors and establishments, embalmers, and crematories;
(134)
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;
(135)
Code Section 43-34-26.1, relating to delegation of authority to nurse or
physician's assistant;
(136)
Code Section 43-34-26.3, relating to delegation of certain medical acts to
advanced practice registered nurse;
(137)
Code Section 43-34-103, relating to applications for utilization of physician's
assistants;
(138)
Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies
providing services to the mentally retarded;
(139)
Code Section 45-18-1, relating to definitions relative to the state employees'
health insurance plan;
(140)
Code Section 45-18-32, relating to administration of deferred compensation plans
for employees of the state;
(141)
Code Section 46-11-4, relating to regulation of transportation of hazardous
materials on public roads of the state generally;
(142)
Code Section 49-5-221, relating to definitions relative to children and
adolescents with severe emotional problems;
(143)
Code Section 49-5-223, relating to the State Plan for the Coordinated System of
Care for children and adolescents with severe emotional problems;
(144)
Code Section 49-5-224, relating to the submission by the commissioner of human
resources of an annual report on the State Plan for the Coordinated System of
Care;
(145)
Code Section 49-5-227, relating to the Governor's Office for Children and
Families to comment on the State Plan for Coordinated System of Care and provide
recommendations;
(146)
Code Section 50-13-4, relating to procedural requirements for adoption,
amendment, or repeal of rules by a state agency;
(147)
Code Section 50-18-72, relating to when public disclosure is not required under
open records laws;
(148)
Code Section 50-18-76, relating to written matter exempt from disclosure under
vital records laws; and
(149)
Code Section 50-27-24, relating to lottery prize proceeds subject to state
income tax.
SECTION
1-4.
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 Public
and Behavioral Health":
(1)
Code Section 31-1-3.2, relating to hearing screenings for newborns;
(2)
Code Section 31-11-2, relating to definitions relative to emergency medical
services;
(3)
Code Section 31-11-3, relating to recommendations by local coordinating entity
as to administration of the Emergency Medical Systems Communication
Program;
(4)
Code Section 31-11-31.1, relating to license fees on ambulance
services;
(5)
Code Section 31-12-14, relating to breast cancer, prostate cancer, and ovarian
cancer research program fund;
(6)
Code Section 37-1-1, relating to definitions relative to mental health
generally;
(7)
Code Section 37-1-40, relating to rules and regulations of the Board of Human
Resources;
(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
1-5.
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 public and behavioral 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 31-9A-2, relating to definitions relative to the "Woman's Right to
Know Act";
(8)
Code Section 31-10-1, relating to definitions relative to vital
records;
(9)
Code Section 31-11-2, relating to definitions relative to emergency medical
services;
(10)
Code Section 31-11-36, relating to suspension or revocation of licenses for
ambulance services;
(11)
Code Section 31-16-3, relating to functions of the Kidney Disease Advisory
Committee;
(12)
Code Section 31-27-7, relating to emergency powers of the Governor regarding
mass gatherings;
(13)
Code Section 31-35-10, relating to definitions relative to bioterrorism
protection for emergency responders;
(14)
Code Section 31-36A-7, relating to petition for health care placement transfer,
admission, or discharge order by health care facility;
(15)
Code Section 37-1-1, relating to definitions relative to mental health
generally;
(16)
Code Section 37-10-2, relating to the Interstate Compact on Mental
Health;
(17)
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;
(18)
Code Section 42-4-32, relating to sanitation and health requirements in jails
generally;
(19)
Code Section 42-9-12, relating to appointment of replacement for incapacitated
member on the State Board of Pardons and Paroles;
(20)
Code Section 43-1A-4, relating to the Occupational Regulation Review
Council;
(21)
Code Section 43-45-3, relating to creation of the State Structural Pest Control
Commission;
(22)
Code Section 49-5-224, relating to the submission by the commissioner of human
resources of an annual report on the State Plan for the Coordinated System of
Care;
(23)
Code Section 45-9-73, relating to the creation of the Georgia Public School
Personnel Indemnification Commission; and
(24)
Code Section 45-9-83, relating to the creation of the Georgia State
Indemnification Commission.
SECTION
1-6.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "mentally retarded" or "Mentally Retarded" wherever it occurs with
"developmentally disabled" or "Developmentally Disabled",
respectively:
(1)
Code Section 31-22-9.1, relating to who may perform HIV tests;
(2)
Code Section 35-1-8, relating to the acquisition, collection, classification,
and preservation of information assisting in identifying deceased persons and
locating missing persons;
(3)
Code Section 35-3-34.1, relating to circumstances when exonerated first
offender's criminal record may be disclosed;
(4)
Code Section 37-4-1, relating to the declaration of policy relating to the
habilitation of mentally retarded persons generally;
(5)
Code Section 37-4-3, relating to the authority of the board of human resources
to issue regulations relating to the habilitation of mentally retarded persons
generally;
(6)
Code Section 37-4-4, relating to coordination of training programs for the
mentally retarded;
(7)
Code Section 37-4-5, relating to validity of hospital orders entered before
September 1, 1978;
(8)
Code Section 37-4-8, relating to approval of private facilities;
(9)
Code Section 37-4-20, relating to examination of minor children;
(10)
Code Section 37-4-21, relating to admission of mentally retarded persons to
facilities for purposes of temporary supervision and care;
(11)
Code Section 37-4-22, relating to admission of persons to facilities for dental
services;
(12)
Code Section 37-4-40, relating to filing petition with the court for according
of program of services to mentally retarded person;
(13)
Code Section 37-4-40.1, relating to certification that a person requires
temporary care;
(14)
Code Section 37-4-40.2, relating to admission or discharge of a person in
custody of a state facility for temporary care;
(15)
Code Section 37-4-42, relating to procedure for continuation of court ordered
habilitation;
(16)
Code Section 37-4-62, relating to transfer of clients to custody of federal
agencies for services;
(17)
Code Section 37-4-120, relating to individual dignity of clients to be
respected;
(18)
Code Section 37-4-123, relating to recognition of clients' physical
integrity;
(19)
Code Section 37-5-1, relating to the short title;
(20)
Code Section 37-5-2, relating to declaration of policy relative to community
services for the mentally retarded;
(21)
Code Section 37-5-4, relating to applicability of chapter;
(22)
Code Section 37-5-5, relating to duty of county board of health to provide
community services;
(23)
Code Section 37-5-6, relating to county or health district plan for community
services;
(24)
Code Section 37-5-7, relating to duty of department to provide consulting and
financial assistance to county boards of health;
(25)
Code Section 37-5-10, relating to timetable for implementation of this
chapter;
(26)
Code Section 37-6-2, relating to participation by department in financing of
day-care centers for mentally retarded children;
(27)
Code Section 37-6-3, relating to participation by department in financing of
day-care centers generally;
(28)
Code Section 37-6-4, relating to grants-in-aid to county board of health for
purchase of services from private day-care centers;
(29)
Code Section 37-6-6, relating to inspection and approval of day-care
centers;
(30)
Code Section 37-6-7, relating to departmental standards for day-care
centers;
(31)
Code Section 37-9-6, relating to standards for determination of assessments for
less than full cost of care;
(32)
Code Section 42-8-63.1, relating to discharges disqualifying individuals from
employment;
(33)
Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies
providing services to the mentally retarded;
(34)
Code Section 49-4-51, relating to definitions relative to the "Aid to the Blind
Act"; and
(35)
Code Section 49-4-80, relating to definitions relative to aid to the
disabled.
SECTION
1-7.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "mental retardation" wherever it occurs with "developmental
disability":
(1)
Code Section 31-12-3.2, relating to meningococcal disease;
(2)
Code Section 31-32-4, relating to the advance directives for health care
form;
(3)
Code Section 37-4-40.4, relating to evaluation of a person in custody of a state
facility for temporary care;
(4)
Code Section 37-4-61, relating to transportation of clients
generally;
(5)
Code Section 49-4-31, relating to definitions relative to old-age
assistance;
(6)
Code Section 49-4-51, relating to definitions relative to the "Aid to the Blind
Act"; and
(7)
Code Section 49-4-80, relating to definitions relative to aid to the
disabled.
SECTION
1-8.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "mental retardation" wherever it occurs with "a developmental
disability":
(1)
Code Section 31-20-3, relating to sterilization of mentally incompetent
persons;
(2)
Code Section 37-4-80, relating to effect of inability to pay on right to
habilitation services;
(3)
Code Section 37-4-100, relating to retention of rights and privileges by clients
generally; and
(4)
Code Section 37-4-122, relating to client's care and treatment
rights.
SECTION
1-9.
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
31-2-11":
(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
1-10.
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 Public and Behavioral Health for these
purposes) under Code Section
31-2-8
31-2-12
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
1-11.
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
Services, the Department of Public and Behavioral
Health, 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
1-12.
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
Public and Behavioral 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 Human Resources
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
1-13.
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
Public and
Behavioral Health; and
(16)
The director of the Division of Mental Health, Developmental Disabilities, and
Addictive Diseases of the Department of
Human
Resources
Public and
Behavioral Health."
SECTION
1-14.
Code
Section 30-8-1 of the Official Code of Georgia Annotated, relating to the
Governor's Council on Developmental Disabilities, is amended as
follows:
"30-8-1.
(a)
There is created the
Governor's
Georgia
Council on Developmental Disabilities. The council shall serve as the designated
state agency and state planning council for purposes of carrying out the
provisions of Chapter 75 of Title 42 of the United States Code, as now or
hereafter amended, relating to programs for persons with developmental
disabilities.
(b)
The members of the council shall be appointed by the Governor from among the
residents of the state, and the composition of the council shall comply with the
membership requirements of Chapter 75 of Title 42 of the United States Code, as
now or hereafter amended. The Governor shall consider appointing to the council
persons representing a broad range of individuals with developmental
disabilities and individuals interested in programs for the developmentally
disabled. To the extent feasible, appointments to the council shall be made with
a view toward equitable geographic, racial, and ethnic
representation.
(c)
Each member shall serve for a term of four years or until a successor is
appointed. Members shall be eligible to succeed themselves. Vacancies shall be
filled in the same manner as original appointments. The council shall elect its
own chairperson and such other officers as it deems necessary. The council may
adopt rules and procedures and shall meet at the call of the
chairperson.
(d)
The
Governor's
Georgia
Council on Developmental Disabilities shall:
(1)
Develop and implement a state plan, which includes the specification of federal
and state priority areas, to address on a state-wide and comprehensive basis the
need for services, support, and other assistance for individuals with
developmental disabilities and their families;
(2)
Monitor, review, and evaluate, not less than annually, the implementation and
effectiveness of the plan;
(3)
Submit to the United States secretary of health and human services, through the
Governor, such plan and periodic reports on the council's activities as the
secretary finds necessary;
(4)
Receive, account for, and disburse funds paid to the state pursuant to the
provisions of Chapter 75 of Title 42 of the United States Code, as now or
hereafter amended, and as authorized by the approved state plan;
(5)
To the maximum extent feasible, review and comment on all plans in the state
which relate to programs affecting persons with developmental
disabilities;
(6)
Serve as an advocate for persons with developmental disabilities;
(7)
Advise the Governor, the General Assembly, and all other state agencies in
matters relating to developmentally disabled persons; and
(8)
Fulfill the responsibilities and meet the requirements of a designated state
agency and of a state planning council as provided by Chapter 75 of Title 42 of
the United States Code, as now or hereafter amended.
(e)
The
Governor's
Georgia
Council on Developmental Disabilities shall be attached to the Department of
Human
Resources
Public and
Behavioral Health for administrative
purposes only as provided in Code Section 50-4-3. The council shall recruit and
hire staff as provided by law and as the council determines necessary to carry
out its duties. All costs incurred by the council shall be covered by funds paid
to the state under Chapter 75 of Title 42 of the United States Code, as now or
hereafter amended, except that members who are state employees shall be
reimbursed for their expenses by their agency in the same manner as other state
employees. Members who are not state employees shall be reimbursed for their
actual expenses, including travel and any other expenses incurred in performance
of their council duties, from funds appropriated to the Department of
Human
Resources
Public and
Behavioral Health."
SECTION
1-15.
Code
Section 31-8-135 of the Official Code of Georgia Annotated, relating to hearings
under the "Remedies for Residents of Personal Care Homes Act," is amended by
revising paragraph (3) of subsection (f) as follows:
"(3)
Upon failure of the personal care home to correct such violation within a
reasonable time, the department may impose appropriate civil penalties as
provided for in Code Section
31-2-6
31-2-10."
SECTION
1-16.
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
1-17.
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
Public and Behavioral 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
1-18.
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
Public and
Behavioral 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 Public and Behavioral Health for these
purposes) on and after January 1,
2002."
"(6.1)
'Department' means the Department of
Human
Resources
Public and
Behavioral Health."
SECTION
1-19.
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
Public and Behavioral 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
1-20.
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
Public and
Behavioral 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
1-21.
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 Public and Behavioral Health for these
purposes) will, by operation of law, be
assumed by the Department of Natural Resources on April 4,
1990."
SECTION
1-22.
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
Public and Behavioral 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
1-23.
Code
Section 31-15-5, relating to duties of the commissioner with respect to care and
treatment of cancer patients, is amended by revising paragraph (3) as
follows:
"(3)
Extend financial aid to persons suffering from cancer to enable them to obtain
the medical, nursing, pharmaceutical, and technical services necessary in caring
for such disease. Criteria and procedures for financial aid will be developed by
the Division of
Physical
Public
Health in accordance with the principle that pauperization of a functional
family unit will subvert the rehabilitative purposes of this program and will be
more costly to the state in the long run;"
SECTION
1-24.
Code
Section 33-24-28 of the Official Code of Georgia Annotated, relating to
termination of coverage of dependent child upon attainment of specified age, is
amended as follows:
"33-24-28.
(a)
An individual hospital or medical expense insurance policy or hospital or
medical service plan contract which provides that coverage of a dependent child
shall terminate upon attainment of the limiting age for dependent children
specified in the policy or contract shall also provide in substance that
attainment of the limiting age shall not operate to terminate the coverage of
the child while the child is and continues to be both incapable of
self-sustaining employment by reason of
mental
retardation
developmental
disability or physical disability as
determined by the Department of
Human
Resources
Public and
Behavioral Health and chiefly dependent
upon the policyholder or subscriber for support and maintenance, provided proof
of incapacity and dependency is furnished to the insurer, hospital, or medical
service plan corporation by the policyholder or subscriber within 31 days of the
child's attainment of the limiting age and subsequently as may be required by
the insurer or corporation but not more frequently than annually after the
two-year period following the child's attainment of the limiting
age.
(b)
A group hospital or medical expense insurance policy or hospital or medical
service plan contract which provides that coverage of a dependent child of an
employee or other member of the covered group shall terminate upon attainment of
the limiting age for dependent children specified in the policy or contract
shall also provide in substance that attainment of such limiting age shall not
operate to terminate the coverage of the child while the child is and continues
to be both incapable of self-sustaining employment by reason of
mental
retardation
developmental
disability or physical disability as
determined by the Department of
Human
Resources
Public and
Behavioral Health and chiefly dependent
upon the employee or member for support and maintenance, provided proof of
incapacity and dependency is furnished to the insurer or hospital or medical
service plan corporation by the employee or member within 31 days of the child's
attainment of the limiting age and subsequently as may be required by the
insurer or corporation but not more frequently than annually after the two-year
period following the child's attainment of the limiting age.
(c)
This Code section shall apply equally to health insurance policies issued
pursuant to Chapters 29 and 30 of this title, contracts issued by nonprofit
hospital and medical service corporations under Chapters 18 and 19 of this
title, coverage by health maintenance organizations under Chapter 21 of this
title, and health care plans under Chapter 20 of this title."
SECTION
1-25.
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
Public and
Behavioral 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 Public and Behavioral 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
1-26.
Chapter
1 of Title 37 of the Official Code of Georgia Annotated, relating to mental
health generally, is amended by revising subsection (a) of Code Section 37-1-2,
relating to legislative findings as to mental health, developmental disability,
and addictive disease problems and services, as follows:
"(a)
The General Assembly finds that the state has a need to continually improve its
system for providing effective, efficient, and quality mental health,
developmental disability, and addictive disease services.
The General
Assembly also finds that the needs of the publicly funded mental health,
developmental disability, and addictive disease system and the state can best be
met through reorganizing the regional mental health, mental retardation, and
substance abuse boards and certain functions of the Department of Human
Resources. Further, the General Assembly
finds that a comprehensive range of quality services and opportunities is
vitally important to the existence and well-being of individuals with mental
health, developmental disability, or addictive disease needs and their families.
The General Assembly further finds that the state has an obligation and a
responsibility to develop and implement planning and service delivery systems
which focus on a core set of consumer oriented, community based values and
principles which include, but are not limited to, the following:
(1)
Consumers and families should have choices about services and providers and
should have substantive input into the planning and delivery of all
services;
(2)
The delivery of services for consumers and families who endure mental illnesses,
addictive diseases, or developmental disabilities should consider and take into
account the medical needs of such patients and their families and how the
diseases, disabilities, or conditions regarded primarily as mental are affected
by and often lead to physical illnesses, conditions, or ailments, exacerbating
each other and shortening life;
(3)
Providers of mental health, developmental disability, or addictive disease
services should coordinate with providers of primary and specialty care so that
treatment of conditions of the brain and the body can be integrated to promote
recovery and health and well-being;
(2)(4)
A single point of accountability should exist for fiscal, service, and
administrative issues to ensure better coordination of services among all
programs and providers and to promote cost-effective, efficient service delivery
and administration;
(3)(5)
The system should be appropriately comprehensive and adaptive to allow consumers
and their families to access the services they desire and need;
(4)(6)
Public programs are the
safety net
and foundation of the service planning and
delivery
system, they
are essential for adequate state-wide
services, and they should be valued and
nurtured; at the same time, while assuring comparable standards of quality,
private sector involvement should be increased to allow for expanded consumer
choice and improved cost effectiveness;
(5)(7)
Planning should reside at the local level, with the primary authority vested in
local government, consumers, families, advocates, and other interested local
parties;
(6)(8)
The system should ensure that the needs of consumers who are most in need are
met at the appropriate service levels; at the same time, prevention strategies
should be emphasized for those disabilities which are known to be
preventable;
(7)(9)
The system should be designed to provide the highest quality of services
utilizing flexibility in funding, incentives, and outcome evaluation techniques
which reinforce quality, accountability, efficiency, and consumer
satisfaction;
(8)(10)
The functions of service planning, coordination, contracting, resource
allocation, and consumer assessment should be separated from the actual
treatment, habilitation, and prevention services provided by
contractors;
(9)(11)
Consumers and families should have a single, community based point of entry into
the system;
(10)(12)
Consumers, staff, providers, and regional planning board and community service
board members should receive ongoing training and education and should have
access to key management resources such as information systems and technical and
professional support services; and
(11)(13)
The department is responsible for ensuring the appropriate use of state,
federal, and other funds to provide quality services for individuals with mental
health, developmental disabilities, or addictive disease needs who are served by
the public system and to protect consumers of these services from abuse and
maltreatment."
SECTION
1-27.
Said
chapter is further amended by revising Code Section 37-1-20, relating to the
Division of Mental Health, Developmental Disabilities, and Addictive Diseases,
as follows:
"37-1-20.
(a)
The Division of Mental Health, Developmental Disabilities, and Addictive
Diseases shall be a division of the department and shall be managed by a
director whose qualifications meet standards set by the board.
(b)
The department, through the division, shall:
(1)
Establish, administer, and supervise the state programs for mental health,
developmental disabilities, and addictive diseases;
(2)
Direct, supervise, and control the medical and physical care, treatment, and
rehabilitation
and social and housing needs provided by
the
institutions,
contractors, and programs under its
control, management, or supervision;
(3)
Have authority to contract for services with community service boards, private
agencies, and other public entities for the provision of services within a
service area so as to provide an adequate array of
services,
and
choice of providers for
consumers,
and to comply with the applicable federal laws,
rules,
and regulations related to public or private hospitals; hospital authorities;
medical schools and training and educational institutions; departments and
agencies of this state; county or municipal governments; any person,
partnership, corporation, or association, whether public or private; and the
United States government or the government of any other state;
(4)
Plan for and implement the coordination of mental health, addictive disease, and
developmental disability services with physical health services, and the
prevention of any of these diseases or conditions, and develop and promulgate
rules and regulations to require that all health services be coordinated and
that public and private providers of any of these services who receive state
support notify other providers of services to the same patients of the
conditions, treatment, and medication regimens each provider is prescribing and
delivering;
(4)(5)
Establish and support programs for the training of professional and technical
personnel as well as regional planning boards and community service
boards;
(5)(6)
Have authority to conduct research into the causes and treatment of disability
and into the means of effectively promoting mental health
recovery;
(6)(7)
Assign specific responsibility to one or more units of the division for the
development of a disability prevention program. The objectives of such program
shall include, but are not limited to, monitoring of completed and ongoing
research related to the prevention of disability, implementation of programs
known to be preventive, and testing, where practical, of those measures having a
substantive potential for the prevention of disability;
(7)(8)
Establish a system for regional administration of mental health, developmental
disability, and addictive disease services in institutions and in the community
under the supervision of a regional coordinator;
(8)(9)
Make and administer budget allocations to regional offices of the division
established by the board pursuant to Code Section 37-2-4.1 to fund the operation
of mental health, developmental disabilities, and addictive diseases facilities
and programs;
(9)(10)
Coordinate in consultation with providers, professionals, and other experts the
development of appropriate outcome measures for client centered service delivery
systems;
(10)(11)
Establish, operate, supervise, and staff programs and facilities for the
treatment of disabilities throughout this state;
(11)(12)
Disseminate information about available services and the facilities through
which such services may be obtained;
(12)(13)
Supervise the regional office's exercise of its responsibility and authority
concerning funding and delivery of disability services;
(13)(14)
Supervise the regional offices concerning the receipt and administration of
grants, gifts, moneys, and donations for purposes pertaining to mental health,
developmental disabilities, and addictive diseases;
(14)(15)
Supervise the regional offices concerning making contracts with any hospital,
community service board, or any public or private providers without regard to
regional or state boundaries for the provision of disability services and in
making and entering into all contracts necessary or incidental to the
performance of the duties and functions of the division and the regional
offices;
and
(15)(16)
Regulate the delivery of care, including behavioral interventions and medication
administration by licensed staff, or certified staff as determined by the
division, within residential settings serving only persons who are receiving
services authorized or financed, in whole or in part, by the
division;.
(16)
Classify 'community living arrangements' and 'host homes' for persons whose
services are financially supported, in whole or in part, by funds authorized
through the Division of Mental Health, Developmental Disabilities, and Addictive
Diseases of the Department of Human Resources. As used in this Code section,
the term:
(A)
'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.
(B)
'Host home' means a private residence in a residential area in which the
occupant owner or lessee provides housing and provides or arranges for the
provision of food, one or more personal services, supports, care, or treatment
exclusively for one or two persons who are not related to the occupant owner or
lessee by blood or marriage. A host home shall be occupied by the owner or
lessee, who shall not be an employee of the same community provider which
provides the host home services by contract with the division. The division
shall approve and enter into agreements with community providers which, in turn,
contract with host homes. The occupant owner or lessee shall not be the
guardian of any person served or of their property nor the agent in such
person's advance directive for health care. The placement determination for
each person placed in a host home shall be made according to such person's
choice as well as the individual needs of such person in accordance with the
requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to
such person; and
(17)
Provide guidelines for and oversight of host homes, which may include, but not
be limited to, criteria to become a host home, requirements relating to physical
plants and supports, placement procedures, and ongoing oversight
requirements.
(c)
The department shall:
(1)
Establish a unit of the department which shall receive and consider complaints
from individuals receiving services, make recommendations to the director of the
division regarding such complaints, and ensure that the rights of individuals
receiving services are fully protected;
(2)
Exercise all powers and duties provided for in this title or which may be deemed
necessary to effectuate the purposes of this title;
and
(3)
Assign specific responsibility to one or more units of the division for the
development of programs designed to serve disabled infants, children, and youth.
To the extent practicable, such units shall cooperate with the Georgia
Department of Education and the University System of Georgia in developing such
programs;
and.
(4)
Classify and license community living arrangements, as defined in paragraph (16)
of subsection (b) of this Code section, in accordance with the rules and
regulations promulgated by the department for the licensing of community living
arrangements and the enforcement of licensing requirements. 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 31-2-6 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 under this article is not
assignable or
transferable."
SECTION
1-28.
Said
chapter is further amended by revising subsection (a) of Code Section 37-1-21,
relating to institutional powers and duties of the Department of Human Resources
and the Board of Human Resources, as follows:
"(a)
The department is designated and empowered as the agency of this state
responsible for supervision and administrative control of: state facilities for
the treatment of mental illness or the habilitation and treatment of individuals
with
developmental disabilities
who suffer
from mental illnesses, developmental disabilities, or addictive
diseases; state hospitals for the
treatment of tubercular patients; programs for the care, custody, and treatment
of addictive disease; and other facilities, institutions, or programs which now
or hereafter come under the supervision and administrative control of the
department. With respect to all such facilities, institutions, or programs the
department shall have the following powers and duties:
(1)
To create all necessary offices, appoint and remove all officers of such
facilities, institutions, or programs, prescribe and change the duties of such
officers from time to time, and fix their salaries as provided for by the pay
plan covering positions under the State Merit System of Personnel Administration
and in accordance with rules and regulations of the State Personnel Board,
except that the commissioner shall not be subject to the State Merit System of
Personnel Administration or the rules and regulations of the State Personnel
Board. The department shall discharge and cause to be prosecuted any officer or
other person who shall assault any patient in any of such facilities or
institutions or who shall knowingly use toward any such patient any other or
greater force than the occasion may require;
(2)
To refuse or accept and hold in trust for any such facility, institution, or
program any grant or devise of land or bequest or donation of money or other
property for the particular use specified or, if no use is specified, for the
general use of such facility, institution, or program;
(3)
To bring suit in its name for any claims which any such facility or institution
may have, however arising;
(4)
To appoint police of such facilities, institutions, or programs who are
authorized, while on the grounds or in the buildings of the respective
facilities, institutions, or programs to make arrests with the same authority,
power, privilege, and duties as the sheriffs of the respective counties in which
such facilities, institutions, or programs are situated. If because of the
contagious or infectious nature of the disease of persons arrested facilities
are not available for their detention, such police shall be authorized to
confine such persons within the respective facilities, institutions, or programs
pending trial as provided in other cases. After trial and conviction of any
such person, he or she shall be sentenced to serve his or her term of sentence
in the secured ward of the facility, institution, or program; and
(5)
To have full authority
to
receive
and
responsibility to receive and treat
patients ordered admitted to such facilities, institutions, or programs pursuant
to any law, to receive any voluntary patients, to discharge such patients
pursuant to law, to contract with patients or other persons acting on behalf of
patients or legally responsible therefor, and in general to exercise any power
or function with respect to patients provided by law. It is the intent of the
General Assembly to provide always the highest quality of diagnosis, treatment,
custody, and care consistent with medical, therapeutic
recovery,
and habilitative evidence based practice and knowledge. It is the further
intent of the General Assembly that the powers and duties of the department with
respect to patients shall be administered by persons properly trained
professionally for the exercise of their duties, consistent with the intention
expressed in this Code section."
SECTION
1-29.
Said
chapter is further amended by adding new Code sections to read as
follows:
"37-1-25.
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.
37-1-26.
(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."
SECTION
1-30.
Code
Section 37-1-70 of the Official Code of Georgia Annotated, relating to
definitions relative to inspection warrants relative to mental health laws, is
amended by revising as follows:
"37-1-70.
As
used in this chapter, 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
'public
mental
health
law.'
(2)
'Mental health law' means Code Sections 37-3-7, 37-3-8, and 37-4-4, Chapter 6 of
this title, and any rule or regulation duly promulgated
thereunder."
SECTION
1-31.
Code
Section 37-2-2 of the Official Code of Georgia Annotated, relating to
definitions relative to the administration of mental health, developmental
disabilities, addictive diseases, and other disability services, is amended by
revising paragraph (7) and adding a new paragraph to read as
follows:
"(7)
'Disability services' means services to the disabled or services which are
designed to prevent or ameliorate the effect of a disability.
Such term
shall include health
services."
"(9.1)
'Health services' means social, housing, employment, recovery, and support
services and any education or service provided by the Department of Public and
Behavioral Health, either directly or by
contract."
SECTION
1-32.
Code
Section 37-2-5 of the Official Code of Georgia Annotated, relating to
establishing policy and direction for disability services for regional planning
boards, is amended by revising subsections (a) and (b.2) as
follows:
"(a)
Each regional planning board shall engage in disability services planning
including job
supports and housing within its region and
shall perform such other functions as may be provided or authorized by
law."
"(b.2)(1)
A person shall not be eligible to be appointed to or serve on a regional
planning board if such person is:
(A)
A member of the community service board which serves that region;
or
(B)
An employee or board member of a private or public entity which contracts with
the department, through the division, to provide
health,
mental health, developmental disabilities, or addictive diseases services within
the region;
or
(C)
An employee of such regional office or employee or board member of any private
or public group, organization, or service provider which contracts with or
receives funds from such regional
office;
or
(D)
An employee or board member of the
department.
(2)
A person shall not be eligible to be appointed to or serve on a regional
planning board if such person's spouse, parent, child, or sibling is a member of
that regional planning board or a member, employee, or board member specified in
subparagraph
(A), (B), or (C) of paragraph (1) of this
subsection. No person who has served a full term or more on a regional board or
regional planning board may be appointed to a community service board until a
period of at least two years has passed since the time such person served on the
regional board or the regional planning board. No person who has served on a
regional board and who becomes a member of a regional planning board on June 30,
2002, may be appointed to a community service board until a period of at least
two years has passed since the time such person has served on the regional
planning board."
SECTION
1-33.
Said
chapter is further amended by revising subsection (b) of Code Section 37-2-5.2,
relating to duties and functions of regional planning boards, as
follows:
"(b)
It is the express intent of this chapter to confer upon the regional offices as
the administrative entities of the division the
flexibility,
responsibility, and authority necessary to
enter into contracts on behalf of the division with a wide range of public and
private providers to ensure that consumers are afforded cost-effective, locally
based, and quality disability services. Under the supervision of the division,
regional offices are specifically authorized to enter into contracts on behalf
of the division directly with any county governing authority, any disability
services organization created or designated by such county governing authority,
any county board of health, any private or public provider, or any hospital for
the provision of disability services."
SECTION
1-34.
Code
Section 37-2-6 of the Official Code of Georgia Annotated, relating to the
creation of community mental health, developmental disabilities, and addictive
diseases service boards, is amended by revising subsections (a), (b), and (b.1)
as follows:
"(a)
Community service boards in existence on June 30, 2006, are re-created effective
July 1, 2006, to provide mental health, developmental disabilities, and
addictive diseases services. Such community service boards may enroll and
contract with the department to become a provider of mental health,
developmental disabilities, and addictive diseases services
or health,
recovery, housing, or other supportive
services. Such boards shall be considered
public agencies. Each community service board shall be a public corporation and
an instrumentality of the state; provided, however, the liabilities, debts, and
obligations of a community service board shall not constitute liabilities,
debts, or obligations of the state or any county or municipal corporation and
neither the state nor any county or municipal corporation shall be liable for
any liability, debt, or obligation of a community service board. Each community
service board re-created pursuant to this Code section is created for nonprofit
and public purposes to exercise essential governmental functions. The
re-creation of community service boards pursuant to this Code section shall not
alter the provisions of Code Section 37-2-6.2 which shall apply to those
re-created community service boards and their employees covered by that Code
section and those employees' rights are retained.
(b)
Each community service board shall consist of members appointed by the governing
authorities of the counties within the community service board area. Membership
on such community service board shall be determined as follows:
(1)(A)
The governing authority of each county within the community service board
area:
(i)
With a population of 50,000 or less according to the most recent United States
decennial census shall appoint one member to the board; and
(ii)
With a population of more than 50,000 according to the most recent United States
decennial census shall appoint one member for each population increment of
50,000 or any portion thereof; or
(B)
In the event that the number of community service board member positions
established in accordance with subparagraph (A) of this paragraph would exceed
13, the membership of such community service board pursuant to this subsection
shall be appointed as follows and the bylaws shall be amended
accordingly:
(i)
For community service boards whose community service board area contains 13 or
fewer counties, the board shall be set at 13 members and appointments to the
board shall be made by the governing authority of each county within the
community service board area in descending order from the county with the
largest population to the county with the smallest population according to the
most recent United States decennial census and this method shall be repeated
until all 13 members of the community service board are appointed. If a county
governing authority fails to make an appointment within a reasonable time, the
next descending county by population shall make an appointment and the method
shall continue; and
(ii)
For community service boards whose community service board area contains more
than 13 counties, one member of the community service board shall be appointed
by the governing authority of each county within the community service board
area, so that the number of members on the board is equal to the number of
counties in the community service board area.
The
county governing authority shall appoint as at least one of its appointments a
consumer of disability services, a child
psychiatrist,
a child psychologist, a family member of a
consumer, an advocate for disability
services, a
parent of a child with mental illness or addictive
disease, or a local leader or
businessperson with an interest in mental health, developmental disabilities,
and addictive diseases; provided, however, that for counties with more than one
appointment, the county governing authority shall seek to ensure that such
appointments represent various groups and disability services;
(2)
In addition to the members appointed pursuant to paragraph (1) of this
subsection, each community service board may appoint up to three additional
members in order to address variation in the population sizes of counties or the
financial contributions of counties within the community service board area or
may authorize the elected chief executive officer of a county governing
authority, by whatever name called, or an elected member of that county
governing authority to serve on the community service board while holding such
elective office. The bylaws of the community service board shall address the
number of such additional members, if any, and the purpose or purposes for which
such positions are created. The term of office of such additional members shall
be the same as that of other members as provided in subsection (h) of this Code
section; except that the term of office of a member in a position created to
authorize the elected chief executive officer of a county governing authority,
by whatever name called, or an elected member of that county governing authority
to serve on the community service board shall be the same term of office as the
elective term of office of said chief executive officer or said member of that
county governing authority;
(3)
Each community service board in existence on June 30, 2006, shall reconstitute
its membership in accordance with the provisions of paragraphs (1) and (2) of
this subsection, effective July 1, 2006, as follows:
(A)
A community service board which increases or reduces the number of its members
in accordance with paragraphs (1) and (2) of this subsection shall revise its
bylaws adopted in accordance with subsection (h) of this Code section to reflect
such increases or reductions. A community service board which reduces the
number of its members shall designate which position or positions are to be
eliminated and shall make reasonable efforts to eliminate any position or
positions of members whose terms expire on or before June 30, 2006; provided,
however, that members serving on a community service board whose terms do not
expire on or before June 30, 2006, shall continue to serve out the terms of
office to which they were appointed, regardless of whether this causes a board
to temporarily exceed the maximum number of members. Any additional positions
created in conformity with such paragraphs (1) and (2) may be filled on July 1,
2006, and the governing authority of a county that is otherwise authorized to
appoint such additional community service board member or members may do so no
sooner than May 1, 2006, but any person so appointed shall not take office until
July 1, 2006. If a position on such community service board is not filled on
July 1, 2006, a vacancy in that position shall be deemed to have occurred on
that date. A community service board is authorized to make whatever changes
necessary in the terms of office of its members in order to achieve the
staggering of terms required by subsection (h) of this Code section;
and
(B)
The term of office of an ex officio, voting member of a community service board
holding membership on June 30, 2006, shall expire on June 30, 2006;
and
(4)(A)
A person shall not be eligible to be appointed to or serve on a community
service board if such person is:
(i)
A member of the regional planning board which serves the region in which that
community service board is located;
(ii)
An employee or board member of a public or private entity which contracts with
the division to provide mental health, developmental disabilities, and addictive
diseases services within the region; or
(iii)
An employee of that community service board or employee or board member of any
private or public group, organization, or service provider which contracts with
or receives funds from that community service board.
(B)
A person shall not be eligible to be appointed to or serve on a community
service board if such person´s spouse, parent, child, or sibling is a
member of that community service board or a member, employee, or board member
specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph.
With respect to appointments by the same county governing authority, no person
who has served a full term or more on a community service board may be appointed
to a regional planning board until a period of at least two years has passed
since the time such person served on the community service board, and no person
who has served a full term or more on a regional planning board may be appointed
to a community service board until a period of at least two years has passed
since the time such person has served on the regional planning
board.
(5)
A community service board created in accordance with this subsection shall
reconstitute its membership in conformity with the most recent United States
decennial census in accordance with subparagraph (d)(2)(C) of Code Section
1-3-1.
(b.1)
A county governing authority may appoint the school superintendent, a member of
the
county
board of health, a member of the board of education, or any other elected or
appointed official to serve on the community service board provided that such
person meets the qualifications of paragraph (1) of subsection (b) of this Code
section and such appointment does not violate the provisions of Chapter 10 of
Title 45. For terms of office which begin July 1, 1994, or later, an employee
of the Department of Human Resources
(now known as
the Department of Public and Behavioral Health for these
purposes) or an employee of a county board
of health
may
shall
not serve on a community service board.
For terms of
office which begin July 1, 2009, or later, an employee of the department or a
board member of the board of the department shall not serve on a community
service board."
SECTION
1-35.
Code
Section 37-4-2 of the Official Code of Georgia Annotated, relating to
definitions relative to the habilitation of the mentally retarded, is amended as
follows:
"37-4-2.
As
used in this chapter, the term:
(1)
'Client' means any
mentally
retarded
developmentally
disabled person who seeks habilitation
under this chapter or any person for whom such habilitation is
sought.
(2)
'Clinical record' means a written record pertaining to an individual client and
includes habilitation record, progress notes, charts, admission and discharge
data, and all other information which is recorded by a facility and which
pertains to the client's habilitation. Such other information as may be required
by rules and regulations of the board shall also be included.
(3)
'Community services' means all services deemed reasonably necessary by the
Department of
Human
Resources
Public and
Behavioral Health to provide for the
education, training, habilitation, and care of
mentally
retarded
developmentally
disabled individuals. Such services shall
include, but not be limited to, diagnostic and evaluation services, day-care and
training services, work activity services, community residential services such
as group family care homes, transportation services, social services, medical
services, and specified home services.
(4)
'Comprehensive evaluation team' or 'comprehensive habilitation team' means and
shall consist of a group of persons with special training and experience in the
assessment of needs and provision of services for
mentally
retarded
developmentally
disabled persons, which group shall
include, at a minimum, persons qualified to provide social, psychological,
medical, and other services. The department shall specify the qualifications of
the individuals who
compose
comprise
a comprehensive evaluation team or a comprehensive habilitation team and shall
ensure that such teams are located throughout the state so as to provide
diagnostic, evaluation, and habilitation services for all citizens of
Georgia.
(5)
'Court' means:
(A)
In the case of an individual who is 17 years of age or older, the probate court
of the county of residence of the client or the county in which such client is
found. Notwithstanding Code Section 15-9-13, in any case in which the judge of
said probate court is unable to hear a case brought under this chapter within
the time required for such hearing, said judge shall appoint a person to serve
and exercise all the jurisdiction of the probate court in such case. Any person
so appointed shall be a member of the State Bar of Georgia and shall be
otherwise qualified for his
or
her duties by training and experience.
Such appointment may be made on a case-by-case basis or by making a standing
appointment of one or more persons. Any person receiving such standing
appointment shall serve at the pleasure of the judge making the appointment or
his
the
judge's successor in office to hear such
cases if and when necessary. The compensation of a person so appointed shall be
as agreed upon by the judge who makes the appointment and the person appointed
with the approval of the governing authority of the county for which such person
is appointed and shall be paid from the county funds of said county. All fees
collected for the services of such appointed person shall be paid into the
general funds of the county served; or
(B)
In the case of an individual who is under the age of 17 years, the juvenile
court of the county of residence of the client or the county in which such
client is found.
(6)
'Developmental disability' means a severe, chronic disability of an individual
that:
(A)
Is attributable to a mental, cognitive, or physical impairment, or any
combination of mental, cognitive, and physical impairments;
(B)
Is manifested before the individual attains age 22 except in cases of traumatic
brain injury when age is not a variable;
(C)
Is likely to continue indefinitely;
(D)
Results in substantial functional limitations in three or more of the following
areas of major life activities:
(i)
Self-care;
(ii)
Receptive and expressive language;
(ii)
Learning;
(iv)
Mobility;
(v)
Self-direction;
(vi)
Capacity for independent living; and
(vii)
Economic self-sufficiency; and
(E)
Reflects the person's need for a combination and sequence of special,
interdisciplinary, or generic services, individualized supports, or other forms
of assistance which are of lifelong or extended duration and are individually
planned and coordinated.
When
applied to infants and young children, the term means individuals from birth to
age nine years, inclusive, who have substantial developmental delay or specific
congenital or acquired conditions with a high probability of resulting in
developmental disabilities if services or supports are not
provided.
(7)
'Developmentally disabled person' means a person having a significantly
subaverage general intellectual functioning existing concurrently with deficits
in adaptive behavior and originating in the developmental period.
(8)
'Developmentally disabled person in need of community services' means a
developmentally disabled person who, after comprehensive evaluation and a
hearing, is found to be in need of community services as defined in Code Section
37-5-3.
(9)
'Developmentally disabled person requiring temporary and immediate care' means a
person who is developmentally disabled, and:
(A)
Who presents a substantial risk of imminent harm to himself or herself or
others;
(B)
Who is in need of immediate care, evaluation, stabilization, or treatment for
certain developmental, medical, or behavioral needs; and
(C)
For whom there currently exists no available, appropriate community residential
setting for meeting the needs of the person.
(6)(10)
'Facility' means any state owned or state operated institution utilized 24 hours
a day for the habilitation and residence of persons who are
mentally
retarded
developmentally
disabled, any facility operated or
utilized for such purpose by the United States Department of Veterans Affairs or
any other federal agency, and any other facility within the State of Georgia
approved for such purpose by the department.
(7)(11)
'Full and fair hearing' or 'hearing' means a proceeding before a hearing
examiner, under Code Section 37-4-42, or before a court, as defined in paragraph
(5) of this Code section. The hearing may be held in a regular courtroom or in
an informal setting, in the discretion of the hearing examiner or the court, but
the hearing shall be recorded electronically or by a qualified court reporter.
The client shall be provided with effective assistance of counsel. If the client
cannot afford counsel, the court shall appoint counsel for him
or
her or the hearing examiner shall have the
court appoint such counsel. The client shall have the right to confront and
cross-examine witnesses and to offer evidence. The client shall have the right
to subpoena witnesses and to require testimony before the hearing examiner or in
court in person or by deposition from any physician upon whose evaluation the
decision of the hearing examiner or the court may rest. The client shall have
the right to obtain a continuance for any reasonable time for good cause shown.
The hearing examiner and the court shall apply the rules of evidence applicable
in civil cases. The burden of proof shall be upon the party seeking treatment of
the client. The standard of proof shall be by clear and convincing evidence. At
the request of the client, the public may be excluded from the hearing; and the
client need not be present if the court consents; in either of these events, the
record shall reflect the reason for the hearing examiner's or the court's
action.
(8)(12)
'Habilitation' means the process by which program personnel help clients acquire
and maintain those life skills which will enable them to cope more effectively
with the demands of their own persons and of their environment and to raise the
level of their physical, mental, social, and vocational abilities.
(9)(13)
'Individualized program plan' means a proposed habilitation program written in
behavioral terms, developed by the comprehensive evaluation team, and
specifically tailored to the needs of an individual client. Each plan shall
include:
(A)
A statement of the nature of the client's specific problems and specific
needs;
(B)
A description of intermediate and long-range habilitation goals and a projected
timetable for their attainment;
(C)
A description of the proposed habilitation program and its relation to
habilitation goals;
(D)
Identification of the facility and types of professional personnel responsible
for execution of the client's habilitation program;
(E)
A statement of the least restrictive environment necessary to achieve the
purposes of habilitation, based upon the needs of the client;
(F)
An explanation of criteria for acceptance or rejection of alternative
environments for habilitation; and
(G)
Proposed criteria for release of the client into less restrictive habilitation
environments upon obtaining specified habilitation goals.
(10)(14)
'Least restrictive alternative,' 'least restrictive environment,' or 'least
restrictive appropriate habilitation' means that which is the least restrictive
available alternative, environment, or appropriate habilitation, as applicable,
within the limits of state funds specifically appropriated
therefor.
(11)
'Mental retardation' means a state of significantly subaverage general
intellectual functioning existing concurrently with deficits in adaptive
behavior and originating in the developmental period.
(12)
'Mentally retarded person' means a person having a significantly subaverage
general intellectual functioning existing concurrently with deficits in adaptive
behavior and originating in the developmental period.
(13)
'Mentally retarded person in need of community services' means a mentally
retarded person who, after comprehensive evaluation and a hearing, is found to
be in need of community services as defined in Code Section 37-5-3.
(13.1)
'Mentally retarded person requiring temporary and immediate care' means a person
who is mentally retarded, and:
(A)
Who presents a substantial risk of imminent harm to himself or
others;
(B)
Who is in need of immediate care, evaluation, stabilization, or treatment for
certain developmental, medical, or behavioral needs; and
(C)
For whom there currently exists no available, appropriate community residential
setting for meeting the needs of the person.
(14)(15)
'Person in charge of a client's habilitation' means a superintendent or regional
state hospital administrator of a facility, a case manager, or any other service
provider designated by the department to have overall responsibility for
implementation of a client's individualized program plan. The department shall
designate such a person for each individual ordered to receive services from the
department under this chapter.
(14.1)(16)
'Regional state hospital administrator' means the chief administrative officer
of a state owned or state operated hospital and the state owned or operated
community programs in a region. The regional state hospital administrator,
under the supervision of the regional coordinator, has overall management
responsibility for the regional state hospital and manages services provided by
employees of the regional state hospital and employees of state owned or
operated community programs within a mental health, developmental disabilities,
and addictive diseases region established in accordance with Code Section
37-2-3.
(15)(17)
'Representatives' means the persons appointed as provided in Code Section
37-4-107 to receive any notice under this chapter.
(16)(18)
'Superintendent' means the chief administrative officer who has overall
management responsibility at any facility, other than a regional state hospital
or state owned or operated community program, receiving
mentally
retarded
developmentally
disabled persons under this chapter or an
individual appointed as the designee of such superintendent."
SECTION
1-36.
Code
Section 37-5-3 of the Official Code of Georgia Annotated, relating to
definitions relative to community services for the mentally retarded, is amended
as follows:
"37-5-3.
As
used in this chapter, the term:
(1)
'Community services' means all
community-based
community
based services deemed reasonably necessary
by the department to provide for education, training, rehabilitation, and care
of mentally
retarded
developmentally
disabled individuals and shall include but
not be limited to: diagnostic and evaluation services; day-care and training
services; work-activity services; community residential services such as group
family-care homes; transportation services incidental to educational, training,
and rehabilitation services; social services; medical services; and specified
home services.
(2)
'Mentally
retarded
Developmentally
disabled individual' means a person whose
ability to care for himself
or
herself is substantially impaired by
mental
retardation
a
developmental disability or by a
neurological dysfunction associated with
mental
retardation
a
developmental disability.
(3)
'Mental
retardation
Developmental
disability'
means a
state of significantly subaverage general intellectual functioning existing
concurrently with deficits in adaptive behavior and originating in the
developmental period
means a
severe, chronic disability of an individual that:
(A)
Is attributable to a mental, cognitive, or physical impairment, or any
combination of mental, cognitive, and physical impairments;
(B)
Is manifested before the individual attains age 22 except in cases of traumatic
brain injury when age is not a variable;
(C)
Is likely to continue indefinitely;
(D)
Results in substantial functional limitations in three or more of the following
areas of major life activities:
(i)
Self-care;
(ii)
Receptive and expressive language;
(ii)
Learning;
(iv)
Mobility;
(v)
Self-direction;
(vi)
Capacity for independent living; and
(vii)
Economic self-sufficiency; and
(E)
Reflects the person's need for a combination and sequence of special,
interdisciplinary, or generic services, individualized supports, or other forms
of assistance which are of lifelong or extended duration and are individually
planned and coordinated.
When
applied to infants and young children, the term means individuals from birth to
age nine years, inclusive, who have substantial developmental delay or specific
congenital or acquired conditions with a high probability of resulting in
developmental disabilities if services or supports are not
provided."
SECTION
1-37.
Code
Section 37-6-1 of the Official Code of Georgia Annotated, relating to
definitions relative to day-care centers for the mentally retarded, is amended
as follows:
"37-6-1.
As
used in this chapter, the term:
(1)
'Day-care center' means any facility that is operated and maintained for and is
qualified to furnish care and training to
mentally
retarded
developmentally
disabled individuals on less than a 24
hour basis.
(2)
'Mentally
retarded
Developmentally
disabled individual' means any individual
who is suffering from
mental
retardation
a
developmental disability.
(3)
'Mental
retardation
Developmental
disability ' means
a state of
subaverage general intellectual functioning which originates during the
developmental period and is associated with impairment in adaptive
behavior
a severe,
chronic disability of an individual that:
(A)
Is attributable to a mental, cognitive, or physical impairment, or any
combination of mental, cognitive, and physical impairments;
(B)
Is manifested before the individual attains age 22 except in cases of traumatic
brain injury when age is not a variable;
(C)
Is likely to continue indefinitely;
(D)
Results in substantial functional limitations in three or more of the following
areas of major life activities:
(i)
Self-care;
(ii)
Receptive and expressive language;
(ii)
Learning;
(iv)
Mobility;
(v)
Self-direction;
(vi)
Capacity for independent living; and
(vii)
Economic self-sufficiency; and
(E)
Reflects the person's need for a combination and sequence of special,
interdisciplinary, or generic services, individualized supports, or other forms
of assistance which are of lifelong or extended duration and are individually
planned and coordinated.
When
applied to infants and young children, the term means individuals from birth to
age nine years, inclusive, who have substantial developmental delay or specific
congenital or acquired conditions with a high probability of resulting in
developmental disabilities if services or supports are not
provided."
SECTION
1-38.
Code
Section 40-16-5 of the Official Code of Georgia Annotated, relating to authority
of the commissioner of driver services, is amended by revising paragraph (5) of
subsection (d) as follows:
"(5)
All rules and regulations previously adopted which relate to functions
transferred under this chapter from the Department of Human Resources
(now known as
the Department of Public and Behavioral Health for these
purposes) to the Department of Driver
Services."
SECTION
1-39.
Code
Section 42-5-52.1 of the Official Code of Georgia Annotated, relating to
submission to HIV test of inmates, is amended by revising subsection (c) as
follows:
"(c)
No later than December 31, 1991, the department shall require to submit to an
HIV test each person who has been committed to the custody of the commissioner
to serve time in a penal institution of this state and who remains in such
custody, or who would be in such custody but for having been transferred to the
custody of the Department of Human Resources
(now known as
the Department of Public and Behavioral Health for these
purposes) under Code Section 42-5-52, if
that person has not submitted to an HIV test following that person's most recent
commitment to the custody of the commissioner and unless that person is in such
custody because of having committed an AIDS transmitting crime and has already
submitted to an HIV test pursuant to Code Section 17-10-15."
SECTION
1-40.
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
Services,
Department of Public and Behavioral
Health, 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
1-41.
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,
and
county departments of
health, and
county departments of family and children
services, the Department of
Human
Resources
Public and
Behavioral Health
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."
SECTION
1-42.
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
public and
behavioral 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 community service
boards 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. 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
1-43.
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 Public and Behavioral
Health 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;
(B)
The Georgia Student Finance Authority with respect to the collection of debts
arising under Part 3 of Article 7 of Chapter 3 of Title 20;
(C)
The Georgia Higher Education Assistance Corporation with respect to the
collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title
20;
(D)
The State Medical Education Board with respect to the collection of debts
arising under Part 6 of Article 7 of Chapter 3 of Title 20;
(E)
The Department of Labor with respect to the collection of debts arising under
Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with
the exception of Code Sections 34-8-158 through 34-8-161; provided, however,
that the Department of Labor establishes that the debtor has been afforded
required due process rights by such Department of Labor with respect to the debt
and all reasonable collection efforts have been exhausted;
(F)
The Department of Corrections with respect to probation fees arising under Code
Section 42-8-34 and restitution or reparation ordered by a court as a part of
the sentence imposed on a person convicted of a crime who is in the legal
custody of the department;
(G)
The State Board of Pardons and Paroles with respect to restitution imposed on a
person convicted of a crime and subject to the jurisdiction of the board;
and
(H)
The Department of Juvenile Justice with respect to restitution imposed on a
juvenile for a delinquent act which would constitute a crime if committed by an
adult.
(2)
'Debt' means any liquidated sum due and owing any claimant agency, which sum has
accrued through contract, subrogation, tort, or operation of law regardless of
whether there is an outstanding judgment for the sum, any sum which is due and
owing any person and is enforceable by the Department of Human
Resources
Services
pursuant to subsection (b) of Code Section 19-11-8, or any sum of restitution or
reparation due pursuant to a sentence imposed on a person convicted of a crime
and sentenced to restitution or reparation and probation.
(3)
'Debtor' means any individual owing money to or having a delinquent account with
any claimant agency, which obligation has not been adjudicated as satisfied by
court order, set aside by court order, or discharged in bankruptcy.
(4)
'Refund' means the Georgia income tax refund which the department determines to
be due any individual taxpayer."
SECTION
1-44.
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
1-45.
Code
Section 49-5-220 of the Official Code of Georgia Annotated, relating to
legislative findings and intent with respect to children and adolescents with
severe emotional problems, is amended as follows:
"49-5-220.
(a)
The General Assembly declares its intention and desire to:
(1)
Ensure a comprehensive mental health program consisting of early identification,
prevention, and early intervention for every child in Georgia;
(2)
Preserve the sanctity of the family unit;
(3)
Prevent the unnecessary removal of children and adolescents with a severe
emotional disturbance from their homes;
(4)
Prevent the unnecessary placement of these children out of state;
(5)
Bring those children home who through use of public funds are inappropriately
placed out of state; and
(6)
Develop a coordinated system of care so that children and adolescents with a
severe emotional disturbance and their families will receive appropriate
educational, nonresidential and residential mental health services, and support
services, as prescribed in an individualized plan.
(b)
In recognition of the fact that services to these children are provided by
several different agencies, each having a different philosophy, a different
mandate, and a different source of funding, the General Assembly intends that
the Division of Mental Health, Developmental Disabilities, and Addictive
Diseases of the Department of
Human
Resources
Public and
Behavioral Health shall have the primary
responsibility for planning, developing, and implementing the coordinated system
of care for severely emotionally disturbed children. Further, it recognizes that
to enable severely emotionally disturbed children to develop appropriate
behaviors and demonstrate academic and vocational skills, it is necessary that
the Department of Education provide appropriate education in accordance with
P.L. 94-142 and that the Division of Mental Health, Developmental Disabilities,
and Addictive Diseases of the Department of
Human
Resources
of Public and
Behavioral Health provide mental health
treatment.
(c)
Further, in recognition that only a portion of the children needing services are
receiving them and in recognition that not all the services that comprise a
coordinated system of care are currently in existence or do not exist in
adequate numbers, the General Assembly intends that the Department of
Human
Resources
Public and
Behavioral Health and the Department of
Education jointly develop and implement a State Plan for the Coordinated System
of Care for severely or emotionally disturbed children or adolescents as defined
in paragraph (10) of Code Section 49-5-221.
(d)
The commissioner of
the
Department of Human Resources
public and
behavioral health and the State School
Superintendent shall be responsible for the development and implementation of
the state plan.
(e)
The commissioner of
the
Department of Human Resources
public and
behavioral health shall be responsible for
preparing this jointly developed state plan for publication and dissemination.
The commissioner of
the
Department of Human Resources
public and
behavioral health shall also be
responsible for preparing for publication and dissemination the annual
report.
(f)
The receipt of services under this article is not intended to be conditioned
upon placement of a child in the legal custody, protective supervision, or
protection of the Department of Human
Resources
Services."
SECTION
1-46.
Code
Section 49-5-225 of the Official Code of Georgia Annotated, relating to local
interagency committees with respect to children and adolescents with severe
emotional problems, is amended by revising subsection (a) as
follows:
"(a)
At least one local interagency committee shall be established for each region of
the Division of Mental Health, Developmental Disabilities, and Addictive
Diseases of the Department of
Human
Resources
Public and
Behavioral Health whose permanent
membership shall include a local representative from each of the
following:
(1)
The community mental health agency responsible for coordinating children's
services;
(2)
The Division of Family and Children Services of the Department of Human
Resources
Services;
(3)
The Department of Juvenile Justice;
(4)
The Division of Public Health of the Department of
Human
Resources
Public and
Behavioral Health;
(5)
A member of the special education staff of the local education
agency;
(6)
The Division of Rehabilitation Services of the Department of
Labor."
SECTION
1-47.
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 or
the Department of Public and Behavioral
Health, including all real and personal
property belonging to the several institutions or used in connection therewith,
and all other property conveyed to
the
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 Public and Behavioral
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 Public and Behavioral Health
for such programs, or through any fund raising or other promotional techniques
deemed appropriate by the department
or the
Department of Public and Behavioral
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 Public and Behavioral 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
Public and Behavioral 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 Public and Behavioral 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 Public and Behavioral 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
the Board of Public and Behavioral Health,
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 and the Division of
Public Health transferred or reassigned to the Department of Public and
Behavioral Health and those relating to regulatory services transferred or
reassigned to the Department of Community Health, 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 and the Division of Public
Health and transferred or reassigned to the Board of Public and Behavioral
Health and those relating to regulatory services transferred or reassigned to
the Board of Community Health, 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 or
reassigned 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 or reassigned 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 or
reassigned 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 or reassigned 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.
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;
(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;
(11)
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. 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 49-2-17 and 49-2-18. 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; and
(12)
Classify host homes for persons whose services are financially supported, in
whole or in part, by funds authorized through the department and provide
guidelines for and oversight of host homes, which may include, but not be
limited to, criteria to become a host home, requirements relating to physical
plants and supports, placement procedures, and ongoing oversight requirements. A
host home shall be occupied by the owner or lessee, who shall not be an employee
of the same community provider which provides the host home services by contract
with the department. The department shall approve and enter into agreements
with community providers which, in turn, contract with host homes. The occupant
owner or lessee shall not be the guardian of any person served or of their
property nor the agent in such person's advance directive for health care. The
placement determination for each person placed in a host home shall be made
according to such person's choice, as well as the individual needs of such
person in accordance with the requirements of Code Section 37-3-162, 37-4-122,
or 37-7-162, as applicable to such person. As used in this paragraph, the term
'host home' means a private residence in a residential area in which the
occupant owner or lessee provides housing and provides or arranges for the
provision of food, one or more personal services, supports, care, or treatment
exclusively for one or two persons who are not related to the occupant owner or
lessee by blood or marriage.
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)(11)
of subsection (b)
and
subsection (c) of Code Section
37-1-20
49-2-6;
or
(D)(B)
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
hall 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,
community living arrangement, or entity subject to regulation by the department
under Chapter 5 of this title or paragraph (11) of subsection (b) of Code
Section 49-2-6. 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.
49-2-18.
(a)(1)
The commissioner may order the emergency relocation of patients or residents
from a community living arrangement subject to licensure under paragraph (11) of
subsection (b) of Code Section 49-2-6 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 community living arrangement;
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 a community
living arrangement subject to licensure under paragraph (11) of subsection (b)
of Code Section 49-2-6 when one or more of the following conditions are
present:
(A)
The community living arrangement is operating without a license;
(B)
The department has denied application for a license or has initiated action to
revoke the existing license of the community living arrangement;
(C)
The community living arrangement 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 community living arrangement.
(2)
A monitor may be placed, pursuant to this subsection, in a community living
arrangement 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 community living arrangement. The monitor shall report to the
department. The monitor shall not assume any administrative responsibility
within the community living arrangement nor shall the monitor be liable for any
actions of the community living arrangement. The costs of placing a monitor in
a community living arrangement shall be paid by the community living arrangement
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 a
community living arrangement subject to licensure under paragraph (11) of
subsection (b) of Code Section 49-2-6 when the community living arrangement 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
community living arrangement 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 a community living arrangement may be suspended until the violation
has been corrected or until the department has determined that the community
living arrangement 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 community living arrangement 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.
ARTICLE
2
49-2-20.
As
used in this article, 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 article. 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 article.
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 article 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 31-8-82, relating to reporting of abuse or exploitation of a
resident of a long-term care facility;
(70)
Code Section 31-8-116, relating to involuntary transfer of residents discharged
from a long-term care facility;
(71)
Code Section 31-8-192, relating to definitions relative to the "'Health Share'
Volunteers in Medicine Act";
(72)
Code Section 31-10-9.1, relating to social security account information of
parents with respect to vital records;
(73)
Code Section 34-8-199, relating to uncollected overissuance of food stamp
coupons;
(74)
Code Section 39-4-1, relating to the definition of "appropriate public
authority" with respect to the Interstate Compact on the Placement of
Children;
(75)
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;
(76)
Code Section 40-5-2, relating to keeping of records of applications for licenses
and information on licensees;
(77)
Code Section 40-5-25, relating to applications for instruction permits and
drivers' licenses;
(78)
Code Section 40-5-54.1, relating to denial or suspension of license for
noncompliance with child support order;
(79)
Code Section 42-9-58, relating to effect of state pardons and paroles laws on
other laws respecting parole and probation;
(80)
Code Section 43-1-19, relating to grounds for refusing to grant or revoking
licenses by a professional licensing board;
(81)
Code Section 43-27-5, relating to general powers and duties of the State Board
of Nursing Home Administrators;
(82)
Code Section 45-9-4, relating to the commissioner of administrative services to
purchase insurance or indemnity contracts;
(83)
Code Section 45-13-22, relating to distribution of Georgia Laws and journals of
the House of Representatives and Senate;
(84)
Code Section 46-4-152, relating to definitions relative to the "Natural Gas
Competition and Deregulation Act";
(85)
Code Section 46-4-158.3, relating to adequate and accurate consumer information
disclosure statements;
(86)
Code Section 48-7-29.15, relating to a tax credit for the adoption of a foster
child;
(87)
Code Section 49-3-1, relating to establishment of county and district
departments, boards, and directors;
(88)
Code Section 49-3-3, relating to appointment of county director; bond of county
director;
(89)
Code Section 49-3-4, relating to appointment of staff, salaries, and power of
the commissioner of human resources to transfer employees;
(90)
Code Section 49-3-6, relating to functions of county departments of family and
children services;
(91)
Code Section 49-4-2, relating to definitions relative to public
assistance;
(92)
Code Section 49-4-3, relating to establishment of categories of public
assistance;
(93)
Code Section 49-4-6, relating to reserves, income, and resources to be
disregarded in determining eligibility for public assistance;
(94)
Code Section 49-4-8, relating to applications for public
assistance;
(95)
Code Section 49-4-9, relating to investigation and record concerning application
for public assistance;
(96)
Code Section 49-4-14, relating to regulations as to records relating to public
assistance;
(97)
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;
(98)
Code Section 49-4-54, relating to duties of county departments under the "Aid to
the Blind Act";
(99)
Code Section 49-4-56, relating to reexamination of recipient's eyesight under
the "Aid to the Blind Act";
(100)
Code Section 49-4-60, relating to payment of assistance for needy blind
individuals after recipient moves to another county;
(101)
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;
(102)
Code Section 49-4-153, relating to administrative hearings and appeals under
Medicaid;
(103)
Code Section 49-4-162, relating to the establishment of the Georgia Qualified
Long-term Care Partnership Program;
(104)
Code Section 49-4-171, relating to a hearing on the petition for a personal
representative to manage assistance payments;
(105)
Code Section 49-4-181, relating to definitions relative to temporary assistance
for needy families;
(106)
Code Section 49-4-183, relating to administration of the temporary assistance
for needy families program by the Department of Human Resources;
(107)
Code Section 49-4-190, relating to construction of the laws relating to the
temporary assistance for needy families program;
(108)
Code Section 49-5-4, relating to the coordination of other state departments,
agencies, officers, and employees for children and youth services;
(109)
Code Section 49-5-7, relating to development and administration of public child
welfare and youth services;
(110)
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;
(111)
Code Section 49-5-12, relating to licensing and inspection of child welfare
agencies;
(112)
Code Section 49-5-41, relating to persons and agencies permitted access to child
abuse and deprivation records;
(113)
Code Section 49-5-41.1, relating to inspection and retention of records of
juvenile drug use;
(114)
Code Section 49-5-90, relating to definitions relative to emergency protection
of children in certain institutions;
(115)
Code Section 49-5-130, relating to legislative findings and intent relative to
the Governor's Office for Children and Families;
(116)
Code Section 49-5-154, relating to study of youth needs for delinquency
prevention and community based services;
(117)
Code Section 49-5-180, relating to definitions relative to a central child abuse
registry;
(118)
Code Section 49-5-281, relating to the bill of rights for foster
parents;
(119)
Code Section 49-6-20, relating to the creation of the Council on Aging;
(120)
Code Section 49-6-60, relating to legislative intent for community care and
services for the elderly;
(121)
Code Section 49-6-61, relating to definitions relative to community care and
services for the elderly;
(122)
Code Section 49-6-72, relating to definitions relative to the "Georgia Family
Caregiver Support Act";
(123)
Code Section 49-6-81, relating to the legislative intent of the "Adult Day
Center for Aging Adults Licensure Act";
(124)
Code Section 49-6-82, relating to definitions relative to the "Adult Day Center
for Aging Adults Licensure Act";
(125)
Code Section 50-5-136, relating to the powers and authority of the State Use
Council; and
(126)
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 19-15-4, relating to the Georgia Child Fatality Review
Panel;
(5)
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";
(6)
Code Section 43-27-2, relating to creation of the State Board of Nursing Home
Administrators;
(7)
Code Section 45-10-40, relating to prohibitions on contracting with state
institutions;
(8)
Code Section 45-10-41, relating to penalty for profiting from contracts with
state institutions generally;
(9)
Code Section 49-3-6, relating to functions of county departments of family and
children services;
(10)
Code Section 49-4-11, relating to award and payment of public assistance to
needy persons;
(11)
Code Section 49-4-12, relating to periodic redetermination of public assistance
awards;
(12)
Code Section 49-4-54, relating to duties of county departments under the "Aid to
the Blind Act";
(13)
Code Section 49-4-181, relating to definitions relative to temporary assistance
for needy families;
(14)
Code Section 49-4-183, relating to administration of the temporary assistance
for needy families program by the Department of Human Resources;
(15)
Code Section 49-5-12, relating to licensing and inspection of child welfare
agencies; and
(16)
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 43-27-2, relating to creation of the State Board of Nursing Home
Administrators;
(17)
Code Section 45-7-7, relating to compensation and allowances of certain public
officials not to be changed without giving public notice;
(18)
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;
(19)
Code Section 49-3-3, relating to appointment of the director of each county
board of family and children services;
(20)
Code Section 49-3-4, relating to appointment of the staff of each county board
of family and children services;
(21)
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;
(22)
Code Section 49-4A-3, relating to the creation of the Department of Juvenile
Justice;
(23)
Code Section 49-5-90, relating to definitions relative to emergency protection
of children in certain institutions;
(24)
Code Section 49-8-3, relating to definitions relative to "The Economic
Rehabilitation Act of 1975";
(25)
Code Section 49-8-4, relating to administration of "The Economic Rehabilitation
Act of 1975";
(26)
Code Section 50-5-69, relating to state purchases without competitive bidding;
and
(27)
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
Public and
Behavioral Health;
(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 19-13-32 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
the Division
of Public Health of the Department of
Human
Resources
Public and
Behavioral Health, and the Attorney
General;"
SECTION
2-9.
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
2-10.
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
Public and Behavioral Health or the
Department of Human
Resources
Services
or any county board of health or county department of family and children
services."
SECTION
2-11.
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
2-12.
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
2-13.
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
2-14.
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
2-15.
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
2-16.
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
2-17.
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
2-18.
Code
Section 31-8-60 of the Official Code of Georgia Annotated, relating to
retaliation against a resident of a long-term care facility and prohibition
against interference with the ombudsman, is amended as follows:
"31-8-60.
No
person shall discriminate or retaliate in any manner against any resident or
relative or guardian of a resident, any employee of a long-term care facility,
or any other person because of the making of a complaint or providing of
information in good faith to the state ombudsman or community ombudsman. No
person shall willfully interfere with the state ombudsman or community ombudsman
in the performance of his or her official duties. Code Sections
31-2-6
49-2-17
and 31-5-8 shall apply fully to any violation of this
article."
SECTION
2-19.
Code
Section 31-8-81 of the Official Code of Georgia Annotated, relating to
definitions relative to reporting abuse or exploitation of residents in
long-term care facilities, is amended by adding a new paragraph to read as
follows:
"(1.1)
'Department' means the Department of Human
Services."
SECTION
2-20.
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
2-21.
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
Services
for the support of programs for the treatment of autism in Georgia."
SECTION
2-22.
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
Services
pursuant to
paragraphs
(15) and (16)
paragraph
(11) of subsection (b) of Code Section
37-1-20
49-2-6."
SECTION
2-23.
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
Services
pursuant to paragraph
(16)
(11)
of subsection (b) of Code Section
37-1-20
49-2-6
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
Human Services. A community living
arrangement is also referred to as a 'residence.'"
SECTION
2-24.
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
2-25.
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
2-26.
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 Human Services) 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 Human Services) 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
2-27.
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
2-28.
Code
Section 49-4A-5 of the Official Code of Georgia Annotated, relating to transfer
of functions and employees of the Division of Youth Services, is amended by
revising subsection (b) as follows:
"(b)
Any employees of the Department of Juvenile Justice who became so employed by
virtue of their transfer from the Division of Youth Services of the Department
of Human Resources
(now known as
the Department of Human Services) on June
30, 1992, shall retain their compensation and benefits and such may not be
reduced. Transferred employees who were subject to the State Merit System of
Personnel Administration 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 July 1, 1992, 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, 1992. Accrued annual and sick leave possessed by said employees on June 30,
1992, shall be retained by said employees as employees of the
department."
SECTION
2-29.
Code
Section 49-5-60 of the Official Code of Georgia Annotated, relating to
definitions relative to employees' record checks for day-care centers, is
amended by revising paragraph (1) as follows:
"(1)
'Center' means a
child-caring
institution or child-placing agency
child welfare
agency, as defined in subsection (a) of Code Section
49-5-12, which is required to be licensed
or registered under Article 1 of this chapter."
SECTION
2-30.
Code
Section 49-5-69.1 of the Official Code of Georgia Annotated, relating to
fingerprint and preliminary records check for foster homes, is amended as
follows:
"49-5-69.1.
(a)
No licensed
child-placing
agency
child welfare
agency, as defined in
this
chapter
subsection (a)
of Code Section 49-5-12, shall place a
child in a foster care home unless the foster parent or parents of the home and
other adult persons that reside in the home or provide care to children placed
in the home have received a satisfactory preliminary records check
determination. Additionally, no child shall continue to be placed in such foster
care home unless the foster parent or parents also subsequently receive a
satisfactory fingerprint records check determination. A
child-placing
agency
child welfare
agency or any applicant for a license for
such an agency shall be required to submit to the department a preliminary
records check application and a records check application for the foster parent
or parents of any foster care home used by the agency and a preliminary records
check application for any other adult persons that reside in the home or provide
care to children placed in the home. In lieu of such applications, the agency or
license applicant may submit evidence, satisfactory to the department, that
within the immediately preceding 12 months such foster parent or parents or
other adult persons have received a satisfactory fingerprint records check
determination or a satisfactory preliminary records check
determination.
(b)
After receiving or obtaining the fingerprint records check determinations or the
preliminary records check determinations, the department shall notify in writing
the agency or license applicant as to each person for whom an application was
received regarding whether the department's determinations were satisfactory or
unsatisfactory. If any such determinations are unsatisfactory, such homes shall
not be used by the
child-placing
agency child
welfare agency as foster care
homes.
(c)
The department shall have the authority to take any of the actions enumerated in
subsection (c) of Code Section
31-2-6
49-2-17
if a licensed
child-placing
agency
child welfare
agency or an applicant for such a license
violates any provision of this Code section.
(d)
An executive director of a
child-placing
agency
child welfare
agency that uses a foster care home with a
foster parent or parents or other adult persons referenced in this Code section
whom the executive director knows or should reasonably know to have a criminal
record shall be guilty of a misdemeanor.
(e)
In addition to any other requirement established by law, the submission of
fingerprints shall be a prerequisite to the issuance of a license or
authorization for the operation of a foster home or to serve as foster parents
as provided in this article. Such fingerprints shall be used for the purposes of
fingerprint checks by the Georgia Crime Information Center and the Federal
Bureau of Investigation."
SECTION
2-31.
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
49-2-17.
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
2-32.
Code
Section 50-5-136 of the Official Code of Georgia Annotated, relating to the
powers and authority of the State Use Council, is amended by revising paragraph
(4) of subsection (b) as follows:
"(4)
To oversee and assist in the development of guidelines for the certification of
community based rehabilitation programs and training centers in the State of
Georgia. The intent of these guidelines shall be to evaluate the qualifications
and capabilities of community based rehabilitation programs and training centers
interested in certification; to determine criteria for quality, efficiency,
timeliness, and cost effectiveness in the production of goods, wares,
merchandise, and services to be procured under the state use plan and purchased
by the State of Georgia; and to establish a certification process which shall
enable community based rehabilitation programs and training centers qualified
under this process to compete in procurement activities provided for by this
part. All community based rehabilitation programs and training centers which are
certified by the commissioner of human resources
(now known as
the commissioner of human services) as of
February 8, 1994, shall not have to undergo the certification evaluation
and approval process until 24 months from February 8, 1994;"
PART
III
Department of Community Health.
Department of Community Health.
SECTION
3-1.
Chapter
5A of Title 31 of the Official Code of Georgia Annotated, relating to the
Department of Community Health, is amended by adding a new Code section to read
as follows:
"31-5A-5.1.
(a)
The powers, functions, and duties of the Department of Human Resources as they
existed on June 30, 2009, relating to regulatory services are transferred to the
Department of Community Health effective July 1, 2009.
(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 subsection (a) of 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 subsection (a) of 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 subsection (a) of 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 subsection (a) of 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
3-2.
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
Community Health":
(1)
Code Section 15-21-142, relating to the establishment of the Brain and Spinal
Injury Trust Fund Commission;
(2)
Code Section 26-4-172, relating to license requirements under the "Nuclear
Pharmacy Law";
(3)
Code Section 26-5-3, relating to definitions relative to the "Drug Abuse
Treatment and Education Act";
(4)
Code Section 31-7-133, relating to confidentiality of review organization's
records;
(5)
Code Section 31-7-172, relating to definitions relative to hospice
care;
(6)
Code Section 31-7-175, relating to the administration of the article of the
"Georgia Hospice Law";
(7)
Code Section 31-18-4, relating to the duties of the Brain and Spinal Injury
Trust Fund Commission;
(8)
Code Section 31-22-2, relating to licenses to operate clinical
laboratories;
(9)
Code Section 31-23-3, relating to hospitals or medical schools which may operate
eye banks;
(10)
Code Section 31-24-4, relating to labeling of containers of blood under "The
Blood Labeling Act";
(11)
Code Section 33-29-3.2, relating to individual accident and sickness insurance
coverage for mammograms, Pap smears, and prostate specific antigen
tests;
(12)
Code Section 33-30-4.2, relating to group accident and sickness insurance
coverage for mammograms, Pap smears, and prostate specific antigen
tests;
(13)
Code Section 33-44-3, relating to the creation of the Georgia High Risk Health
Insurance Plan;
(14)
Code Section 34-9-415, relating to testing under drug-free workplace
programs;
(15)
Code Section 36-62-2, relating to definitions relative to the "Development
Authorities Law";
(16)
Code Section 42-1-12, relating to the state sexual offender
registry;
(17)
Code Section 42-1-13, relating to the Sexual Offender Registration Review
Board;
(18)
Code Section 43-27-1, relating to definitions relative to nursing home
administrators;
(19)
Code Section 49-4-152.3, relating to reuse of unit dosage drugs under Medicaid;
and
(20)
Code Section 50-26-4, relating to definitions relative to the "Georgia Housing
and Finance Authority Act."
SECTION
3-3.
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 Community
Health":
(1)
Code Section 31-7-304, relating to fees on private home care providers;
and
(2)
Code Section 31-22-1, relating to definitions relative to clinical
laboratories.
SECTION
3-4.
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 community health":
(1)
Code Section 31-7-176.1, relating to determination or pronouncement of death of
a patient in hospice care;
(2)
Code Section 31-8-32, relating to determination of indigency for hospital care
for nonresidents;
(3)
Code Section 31-8-43, relating to determination of indigency for hospital care
for pregnant women;
(4)
Code Section 33-20B-3.1, relating to health maintenance organizations' expansion
into rural areas;
(5)
Code Section 33-21-3, relating to grounds and procedure for issuance or denial
of certificate of authority for a health maintenance organization;
(6)
Code Section 33-21-5, relating to suspension or revocation of certificate of
authority for a health maintenance organization;
(7)
Code Section 33-21-15, relating to filing of annual reports by health
maintenance organizations;
(8)
Code Section 33-21-17, relating to examinations of health maintenance
organizations and providers;
(9)
Code Section 33-21-18, relating to adoption of rules and regulations generally
relative to health maintenance organizations;
(10)
Code Section 33-21-20, relating to conduct of hearings generally relative to
health maintenance organizations;
(11)
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;
(12)
Code Section 33-21-27, relating to enforcement of health maintenance
organizations laws; and
(13)
Code Section 42-1-13, relating to the Sexual Offender Registration Review
Board.
SECTION
3-5.
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
31-5A-10":
(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 31-11-9, relating to enforcement of emergency medical services
laws;
(5)
Code Section 31-44-11, relating to the authority of the Department of Human
Resources to deal with violations of renal disease facilities laws;
and
(6)
Code Section 49-4-153 relating to administrative hearings and appeals under
Medicaid.
SECTION
3-6.
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 paragraphs (26) and (30) 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
31-5A-11;
(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;"
"(30)
With respect to any individual or facility providing home health
services:
(A)
For any person or entity not duly licensed by the Department of
Human
Resources
Community
Health as a home health agency to
regularly hold itself out as a home health agency; or
(B)
For any person or entity not duly licensed by the Department of
Human
Resources
Community
Health as a home health agency to utilize
the words 'home health' or 'home health services' in any manner including but
not limited to advertisements, brochures, or letters. Unless otherwise
prohibited by law, nothing in this subparagraph shall be construed to prohibit
persons or entities from using the words 'home health' or 'home health services'
in conjunction with the words 'equipment,' 'durable medical equipment,'
'pharmacy,' 'pharmaceutical services,' 'prescription medications,' 'infusion
therapy,' or 'supplies' in any manner including but not limited to
advertisements, brochures, or letters. An unlicensed person or entity may
advertise under the category 'home health services' in any advertising
publication which divides its advertisements into categories, provided
that:
(i)
The advertisement is not placed in the category with the intent to mislead or
deceive;
(ii)
The use of the advertisement in the category is not part of an unfair or
deceptive practice; and
(iii)
The advertisement is not otherwise unfair, deceptive, or
misleading.
For
purposes of this paragraph, the term 'home health agency' shall have the same
definition as contained in Code Section 31-7-150, as now or hereafter amended.
The provisions of this paragraph shall be enforced by the administrator in
consultation with the Department of
Human
Resources
Community
Health; provided, however, that the
administrator shall not have any responsibility for matters or functions related
to the licensure of home health agencies;"
SECTION
3-7.
Code
Section 31-5A-4 of the Official Code of Georgia Annotated, relating to powers,
duties, functions, and responsibilities of the Department of Community Health,
is amended by revising paragraph (3) of subsection (d) as follows:
"(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."
SECTION
3-8.
Code
Section 31-5A-4 of the Official Code of Georgia Annotated, relating to powers,
duties, functions, and responsibilities of the Department of Community Health,
is amended by revising subsection (f) as follows:
"(f)
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;
and
(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 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."
SECTION
3-9.
Chapter
5A of Title 31 of the Official Code of Georgia Annotated, relating to the
Department of Community Health, is amended by adding new Code sections to read
as follows:
"31-5A-9.
(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; or
(B)
Private home care provider required to be licensed under Article 13 of Chapter 7
of Title 31.
(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 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 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-10.
(a)
This Code section shall be applicable to any agency, center, facility,
institution, drug abuse treatment and education program, or entity subject to
regulation by the department under Chapters 7, 22, 23, and 44 of this title;
Chapter 5 of Title 26; 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 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,
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 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 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.
31-5A-11.
(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.
(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 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.
(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."
SECTION
3-10.
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
3-11.
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) of
subsection (b) and subsection (c) of Code Section
37-1-20, 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) of
subsection (b) and subsection (c) of Code Section
37-1-20, 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) of
subsection (b) and subsection (c) of Code Section
37-1-20, 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
3-12.
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)(12)
of subsection (b) of Code Section
37-1-20
49-2-6."
SECTION
3-13.
Code
Section 31-8-2 of the Official Code of Georgia Annotated, relating to
definitions relative to hospital care for the indigent generally, is amended by
adding a new paragraph to read as follows:
"(0.5)
'Department' means the Department of Community
Health."
SECTION
3-14.
Code
Section 31-8-31 of the Official Code of Georgia Annotated, relating to
definitions relative to hospital care for nonresident indigents, is amended by
adding a new paragraph to read as follows:
"(2.5)
'Department' means the Department of Community
Health."
SECTION
3-15.
Code
Section 31-8-41 of the Official Code of Georgia Annotated, relating to
definitions relative to hospital care for pregnant women, is amended by adding a
new paragraph to read as follows:
"(1.1)
'Department' means the Department of Community
Health."
SECTION
3-16.
Code
Section 31-22-1 of the Official Code of Georgia Annotated, relating to
definitions relative to clinical laboratories, is amended by adding a new
paragraph to read as follows:
"(2.1)
'Department' means the Department of Community
Health."
SECTION
3-17.
Code
Section 31-23-1 of the Official Code of Georgia Annotated, relating to
definitions relative to eye banks, is amended by adding a new paragraph to read
as follows:
"(0.5)
'Department' means the Department of Community
Health."
SECTION
3-18.
Code
Section 31-24-2 of the Official Code of Georgia Annotated, relating to
definitions relative to blood labeling, is amended by adding a new paragraph to
read as follows:
"(1.1)
'Department' means the Department of Community
Health."
SECTION
3-19.
Code
Section 31-44-1 of the Official Code of Georgia Annotated, relating to
definitions relative to renal disease facilities, is amended by adding new
paragraphs to read as follows:
"(0.1)
'Board' means the Board of Community
Health."
"(0.5)
'Department' means the Department of Community
Health."
SECTION
3-20.
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
3-21.
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
3-22.
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 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."
PART
IV
Effective Date and Repealer.
Effective Date and Repealer.
SECTION
4-1.
This
Act shall become effective on July 1, 2009.
SECTION
4-2.
All
laws and parts of laws in conflict with this Act are repealed.