Georgia 2023-2024 Regular Session

Georgia House Bill HB520 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		23 LC 33 9464S
2	2		H. B. 520 (SUB)
3	3		- 1 -
4		-	House Bill 520 (COMMITTEE SUBSTITUTE)
5		-	By: Representatives Jones of the 25
6		-	th
7		-	, Oliver of the 82
8		-	nd
9		-	, Efstration of the 104
10		-	th
11		-	, Beverly of
12		-	the 143
13		-	rd
14		-	, Cooper of the 45
15		-	th
16		-	, and others
	4	+	The House Committee on Public Health offers the following substitute to HB 520:
17	5		A BILL TO BE ENTITLED
18	6		AN ACT
19		-	To amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the
20		-	1
	7	+	To amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the1
21	8		Department of Community Health, so as to provide for a study relating to referrals to2
22	9		psychiatric treatment residential facilities and crisis stabilization placements; to amend Code3
23	10		Section 33-24-59.25 of the Official Code of Georgia Annotated, relating to establishment by4
24	11		health benefit plans of step therapy protocols, exception process, time requirements, appeals,5
25	12		construction, and application, so as to provide that step therapy protocols may not be required6
26	13		for medications prescribed for the treatment of serious mental illness; to amend Title 37 of7
27	14		the Official Code of Georgia Annotated, relating to mental health, so as to provide for the8
28	15		development of state level guidance to standardize terminology relating to serious mental9
29	16		illness; to provide for county based, dedicated coordinators to provide for collaboration10
30	17		between criminal justice and behavioral health providers; to provide for the establishment11
31	18		of a state-wide public-private partnership to serve as a clearing-house; to provide for a pilot12
32	19		program to provide funding for county jails to implement validated behavioral health13
33	20		screening; to provide for a grant program for jail in-reach and reentry programs; to provide14
34	21		for a comprehensive study of the public behavioral health workforce; to provide for15
35	22		appointment of peer support specialists as members of the Behavioral Health Reform and16
36	23		Innovation Commission; to revise provisions relating to the authority of the commission; to17
37	24		direct the commission to convene a task force on inpatient beds and competency evaluations;18 23 LC 33 9464S
38	25		H. B. 520 (SUB)
39	26		- 2 -
40		-	to direct the commission to convene a task force to study services for the homeless; to
41		-	19
	27	+	to direct the commission to convene a task force to study services for the homeless; to19
42	28		authorize certain officials on the Behavioral Health Coordinating Council to be represented20
43	29		in meetings by a delegate or agent; to repeal provisions relating to formulation and21
44	30		publication of state plan for disability services; to revise procedures regarding emergency22
45	31		involuntary treatment for mental health and alcohol and drug dependency; to require that23
46	32		certain documents become part of the patient's clinical record; to provide for redactions; to24
47	33		amend Title 43 of the Official Code of Georgia Annotated, relating to professions and25
48	34		businesses, so as to provide for a study of certain professional licensing boards; to authorize26
49	35		the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and27
50	36		Family Therapists to waive certain requirements for applicants licensed in other jurisdictions;28
51	37		to authorize the Georgia Composite Board of Professional Counselors, Social Workers, and29
52	38		Marriage and Family Therapists to establish a professional health program to provide for30
53	39		monitoring and rehabilitation of impaired health care professionals; to authorize the Georgia31
54	40		Board of Nursing to establish a professional health program to provide for monitoring and32
55	41		rehabilitation of impaired health care professionals; to amend Article 4 of Chapter 12 of33
56	42		Title 45 of the Official Code of Georgia Annotated, relating to the Office of Planning and34
57	43		Budget, so as to revise provisions relating to the Georgia Data Analytic Center; to provide35
58	44		for definitions; to provide for a director; to establish the Georgia Data Analytic Center as the36
59	45		central data repository for the state for interagency data sharing; to provide for authority of37
60	46		the director and the center; to amend Title 49 of the Official Code of Georgia Annotated,38
61	47		relating to social services, so as to require certain coverage under the Medicaid program; to39
62	48		repeal a provision relating to the submission of an annual report by the commissioner of40
63	49		behavioral health and developmental disabilities; to provide for the establishment of the41
64	50		Georgia Health Care Professionals Data System by the Georgia Board of Health Care42
65	51		Workforce; to provide for definitions; to provide for collaboration with state licensing43
66	52		boards; to provide for a publicly accessible website; to provide for collection of data from44
67	53		state licensing boards; to provide for specified data; to provide for student loan repayment45 23 LC 33 9464S
68	54		H. B. 520 (SUB)
69	55		- 3 -
70		-	for mental health and substance use professionals serving in certain capacities; to provide for
71		-	46
	56	+	for mental health and substance use professionals serving in certain capacities; to provide for46
72	57		definitions; to authorize the board to approve applications; to provide for eligibility47
73	58		requirements; to provide for loan repayment agreements and conditions; to provide for rules48
74	59		and regulations; to provide for appropriations contingency; to amend Article 1 of Chapter 849
75	60		of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative50
76	61		to the Department of Community Affairs, so as to address ways to increase supportive51
77	62		housing development for the "familiar faces" population; to provide for an annual report; to52
78	63		provide for related matters; to repeal conflicting laws; and for other purposes.53
79	64		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:54
80	65		SECTION 1.55
81	66		Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department56
82	67		of Community Health, is amended by adding a new Code section to read as follows:57
83		-	"31-2-17.
84		-	58
	68	+	"31-2-17.58
85	69		(a) The department shall work with the Department of Behavioral Health and59
86	70		Developmental Disabilities to conduct a study to review the department's policies and60
87	71		practices and recommend changes to enable the Department of Juvenile Justice and the61
88	72		Department of Human Services to:62
89	73		(1) Serve as a referral source for psychiatric treatment residential facilities; and63
90	74		(2) Develop a direct referral process to enable the Department of Juvenile Justice and the64
91	75		Department of Human Services to secure facilities for juveniles in their care to crisis65
92	76		stabilization placements.66
93	77		(b) The department shall complete such studies and submit its findings and67
94	78		recommendations to the Governor and the General Assembly no later than68
95	79		December 1, 2023.69
96	80		(c) This Code section shall stand repealed on December 1, 2023."70 23 LC 33 9464S
97	81		H. B. 520 (SUB)
98	82		- 4 -
99		-	SECTION 2.
100		-	71
	83	+	SECTION 2.71
101	84		Code Section 33-24-59.25 of the Official Code of Georgia Annotated, relating to72
102	85		establishment by health benefit plans of step therapy protocols, exception process, time73
103	86		requirements, appeals, construction, and application, is amended by adding a new subsection74
104	87		to read as follows:75
105		-	"(e.1) A health benefit plan shall not impose a step therapy protocol for a prescription drug
106		-	76
	88	+	"(e.1) A health benefit plan shall not impose a step therapy protocol for a prescription drug76
107	89		prescribed for the treatment of serious mental illness, as defined by the department."77
108	90		SECTION 3.78
109	91		Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by79
110	92		adding new Code sections to Article 2 of Chapter 1, relating to the powers and duties of the80
111	93		Department of Behavioral Health and Developmental Disabilities, to read as follows:81
112	94		"37-1-30.82
113	95		(a) The department, in collaboration with the Behavioral Health Reform and Innovation83
114	96		Commission, Department of Corrections, Department of Juvenile Justice, Department of84
115	97		Community Supervision, and other relevant mental health, judicial, and law enforcement85
116	98		officials and experts, shall develop state level guidance to standardize terminology to aid86
117	99		in facilitating communication, streamlining information sharing, establishing shared87
118	100		baseline data, setting measurable goals, and measuring progress among state and local88
119	101		agencies and other entities. Such standardized terminology shall include development of89
120	102		a single shared definition of 'serious mental illness' that is consistently used by community90
121	103		services boards, corrections agencies, courts, law enforcement, and community supervision91
122	104		entities. Such standardized terminology may also include the development of single92
123	105		definitions for homeless individuals, recidivism, and other related terms. A preliminary93
124	106		single shared definition of 'serious mental illness' and any other associated definitions shall94
125	107		be proposed no later than December 1, 2023.95 23 LC 33 9464S
126	108		H. B. 520 (SUB)
127	109		- 5 -
128	110		(b) No later than December 1, 2023, the department shall begin conducting a pilot rollout96
129	111		at select sites to test the use of the standardized definitions and associated guidance to make97
130	112		any adjustments necessary to ensure it is scalable for a successful rollout statewide.98
131	113		(c) A single shared definition of 'serious mental illness' and any other associated99
132	114		definitions shall be finalized and adopted by the department and the other affected state100
133	115		agencies no later than December 31, 2023.101
134	116		37-1-31.102
135	117		(a) Subject to available funding, the department shall employ or contract with, or provide103
136	118		funding for one or more community service boards to employ or contract with, individuals104
137	119		to serve as county based, dedicated coordinators to provide for collaboration between105
138	120		criminal justice and behavioral health providers. Such collaboration shall assist in ensuring106
139	121		that available behavioral health resources are utilized to their full potential and that any107
140	122		barriers to access such resources are minimized, that individuals experiencing a mental108
141	123		health crisis who do not pose a public safety risk get the care they need and do not go to109
142	124		jail, and that jail admissions are decreased for people with mental illness.110
143	125		(b) The role of such dedicated coordinators shall be to:111
144	126		(1) Facilitate the building of strong collaborative relationships between local law112
145	127		enforcement agencies and local behavioral health providers;113
146	128		(2) Provide for continuous work engaging with referral sources, including providing114
147	129		training, providing pamphlets, and being available to law enforcement; and115
148	130		(3) To liaise between key law enforcement and behavioral health partners to better utilize116
149	131		the existing resources in this state, including, but not limited to, crisis stabilization units117
150	132		established pursuant to Code Section 37-1-29 and co-responder programs established118
151	133		pursuant to Chapter 12 of this title.119 23 LC 33 9464S
152	134		H. B. 520 (SUB)
153	135		- 6 -
154	136		37-1-32.120
155	137		(a) The department shall be authorized to coordinate the establishment of a state-wide121
156	138		public-private partnership to serve as a clearing-house and resource for best practices,122
157	139		information, and resources that support developing and sustaining practices for 'familiar123
158	140		faces.' Such clearing-house may be housed at an institution of higher education, a124
159	141		nonprofit organization, or such other entity deemed appropriate by the department and shall125
160	142		draw on the expertise of affected state agencies, law enforcement agencies, local behavioral126
161	143		health care providers, and other experts and entities. Such clearing-house may:127
162	144		(1) Provide technical assistance to counties;128
163	145		(2) Host events to improve information sharing across local governments, law129
164	146		enforcement, public safety agencies, community service boards, crisis and other130
165	147		behavioral health providers, and courts;131
166	148		(3) Provide expert advisement on developing and implementing diversion programs and132
167	149		assisting jails in implementing behavioral health screening;133
168	150		(4) Disseminate and share evidence based practices and best practices among counties;134
169	151		(5) Act as a central repository for information and resources related to criminal justice,135
170	152		juvenile justice, mental health, and substance abuse; and136
171	153		(6) Coordinate and organize the process of the state interagency justice, mental health,137
172	154		and substance abuse work group with the outcomes of the local projects for state and138
173	155		local policy and budget developments and system planning.139
174	156		(b) The clearing-house shall be authorized to provide annual reports to the General140
175	157		Assembly on:141
176	158		(1) The effect various initiatives have had on meeting the needs of adults and juveniles142
177	159		who have a mental illness, substance abuse disorder, or co-occurring mental health and143
178	160		substance abuse disorders, and whether such initiatives have resulted in a reduction in the144
179	161		number of forensic commitments to state mental health treatment facilities;145 23 LC 33 9464S
180	162		H. B. 520 (SUB)
181	163		- 7 -
182	164		(2) The effect on the availability and accessibility of effective community based mental146
183	165		health and substance abuse treatment services for adults and juveniles who have a mental147
184	166		illness, substance abuse disorder, or co-occurring mental health and substance abuse148
185	167		disorders; and149
186	168		(3) How community diversion alternatives have reduced incarceration and commitments150
187	169		to state mental health treatment facilities.151
188	170		(c) As used in this Code section, the term 'familiar faces' means individuals with serious152
189	171		mental illness who have frequent contact with the criminal justice, homeless, and153
190	172		behavioral health systems.154
191	173		37-1-33.155
192	174		(a) Subject to appropriations or other available funding, the department shall:156
193	175		(1) Conduct a pilot program to provide funding for county jails to implement validated157
194	176		behavioral health screening. The purpose of the pilot program shall be to expand the use158
195	177		of best practice behavioral health screening in jail credentialing and standards. Pilot159
196	178		funding will enable county jails to conduct screening for mental illness and divert160
197	179		individuals from jail who should be connected or reconnected to services and treatment,161
198	180		which can result in improved quality of life for the individual, decreased recidivism, and162
199	181		decreased costs and use of resources by the county and state. The department shall163
200	182		identify best practice models in this state and nationally for screening, brief intervention,164
201	183		and referral to treatment services to aid pilot funding recipients in establishing or165
202	184		improving their behavioral health screening programs and protocols; and166
203	185		(2) Establish a grant program to build local capacity with funding and technical167
204	186		assistance for one or more counties to create or expand collaborative jail in-reach and168
205	187		reentry programs. Such programs focus on 'familiar faces' and strive to reduce recidivism169
206	188		by pairing individuals exiting incarceration with community resources to assist them in170
207	189		becoming self-sufficient. Such programs can provide access to resources such as needed171 23 LC 33 9464S
208	190		H. B. 520 (SUB)
209	191		- 8 -
210	192		medications, shelter, peer support, drug treatment, job skills training, mental health172
211	193		treatment, employment, and housing.173
212	194		(b) The department shall provide an annual report to the Governor and the General174
213	195		Assembly on any grant funding disbursed pursuant to the pilot program or grant program175
214	196		established pursuant to this Code section, including any progress toward the goals of the176
215	197		state and its counties resulting from such pilot program or grant program, and any177
216	198		recommendations as to the expansion of such pilot or grant program statewide.178
217	199		(c) As used in this Code section, the term 'familiar faces' means individuals with serious179
218	200		mental illness who have frequent contact with the criminal justice, homeless, and180
219	201		behavioral health systems.181
220	202		37-1-34.182
221	203		(a) The department shall conduct a comprehensive study of the public behavioral health183
222	204		workforce in this state, including staffing at the department, state behavioral health care184
223	205		facilities, and community service boards to identify gaps and challenges in such workforce,185
224	206		including the availability of culturally and linguistically responsive services, better186
225	207		understand recruitment and retention challenges among such workforce, and allow for187
226	208		targeted solutions to address shortages impacting those most in need of behavioral health188
227	209		care in this state.189
228	210		(b) Such study shall include a review of staffing levels, salaries, vacancy rates, and a190
229	211		comparison to private practice salaries and salaries of public behavioral health workforce191
230	212		staff members in surrounding states.192
231	213		(c) The department shall complete such study and submit its findings and193
232	214		recommendations to the Governor, the General Assembly, the Behavioral Health Reform194
233	215		and Innovation Commission, and the Office of Health Strategy and Coordination no later195
234	216		than December 1, 2023.196
235	217		(d) This Code section shall stand repealed on December 1, 2023."197 23 LC 33 9464S
236	218		H. B. 520 (SUB)
237	219		- 9 -
238		-	SECTION 4.
239		-	198
	220	+	SECTION 4.198
240	221		Said title is further amended in Code Section 37-1-112, relating to the members, terms,199
241	222		officers, and operational matters of the Behavioral Health Reform and Innovation200
242	223		Commission, by revising subsection (a) as follows:201
243		-	"(a) The commission shall be composed of 24
244		-	26 members as follows:202
	224	+	"(a) The commission shall be composed of 24 26 members as follows:202
245	225		(1) The following members appointed by the Governor:203
246	226		(A) A chairperson;204
247	227		(B) A psychiatrist who specializes in children and adolescents;205
248	228		(C) A psychiatrist who specializes in adults;206
249	229		(D) A health care provider with expertise in traumatic brain injuries;207
250	230		(E) A state education official with broad experience in education policy;208
251	231		(F) A chief executive officer of a mental health facility;209
252	232		(G) A forensic psychologist;210
253	233		(H) A local education official; and211
254	234		(I) A professional who specializes in substance abuse and addiction;212
255	235		(2) The following members appointed by the President of the Senate:213
256	236		(A) Two members of the Senate;214
257	237		(B) A sheriff;215
258	238		(C) A licensed clinical behavioral health professional;216
259	239		(D) A behavioral health advocate; and217
260	240		(E) A representative of a community service board; and218
261	241		(F) A peer support specialist;219
262	242		(3) The following members appointed by the Speaker of the House of Representatives:220
263	243		(A) Two members of the House of Representatives;221
264	244		(B) A police chief;222
265	245		(C) A licensed clinical behavioral health professional;223
266	246		(D) A behavioral health advocate; and224 23 LC 33 9464S
267	247		H. B. 520 (SUB)
268	248		- 10 -
269		-	(E) A judge who presides in an accountability court, as defined in Code Section
270		-	225
271		-	15-1-18; and
272		-	226
	249	+	(E) A judge who presides in an accountability court, as defined in Code Section225
	250	+	15-1-18; and226
273	251		(F) A peer support specialist; and227
274	252		(4) The following members appointed by the Chief Justice of the Supreme Court of228
275	253		Georgia:229
276	254		(A) One Justice of the Supreme Court of Georgia; and230
277	255		(B) Two judges."231
278	256		SECTION 5.232
279	257		Said title is further amended in Code Section 37-1-114.1, relating to the authority of the233
280	258		Behavioral Health Reform and Innovation Commission, by revising paragraph (2) as follows:234
281	259		"(2) Coordinate initiatives to assist local communities in keeping people with serious235
282	260		mental illness out of county and municipal jails and detention facilities, including236
283	261		juvenile detention, and, facilitated by nationally recognized experts, to improve outcomes237
284	262		for individuals who have frequent contact with the criminal justice, homeless, and238
285	263		behavioral health systems, termed 'familiar faces,' including, but not limited to:239
286	264		(A) Serving as liaison to state and local leaders to inform policy and funding priorities;240
287	265		(B) Collaborating with the Department of Behavioral Health and Developmental241
288	266		Disabilities and other relevant agencies to develop Developing a shared definition of242
289	267		'serious mental illness' in consultation with relevant mental health, judicial, and law243
290	268		enforcement officials and experts pursuant to Code Section 37-1-30;244
291	269		(C) Exploring funding options to implement universal screening upon admission into245
292	270		a county or municipal jail or detention facility;246
293	271		(D) Developing proposed state guidelines, tools, and templates to facilitate sharing of247
294	272		information among state and local entities compliant with state and federal privacy248
295	273		laws;249 23 LC 33 9464S
296	274		H. B. 520 (SUB)
297	275		- 11 -
298		-	(E) Adopting recommendations to promote the use of pre-arrest diversion strategies
299		-	250
300		-	that reduce revocations and reduce unnecessary contact with the criminal
301		-	justice251
	276	+	(E) Adopting recommendations to promote the use of pre-arrest diversion strategies250
	277	+	that reduce revocations and reduce unnecessary contact with the criminal justice251
302	278		system;252
303	279		(F) Developing a shared definition for 'high utilization' in consultation with relevant253
304	280		behavioral health and criminal justice experts;254
305	281		(G) Implementing improvements to data sharing across and between local and state255
306	282		agencies;256
307	283		(H) Improving strategies to refer and connect individuals to needed community based257
308	284		health and social services, including addressing gaps in continuity of care;258
309	285		(I) Leading a comprehensive, multiyear plan to further expand Expanding the use of259
310	286		and support for forensic peer monitors; and260
311	287		(J) Analyzing best practices to address and ameliorate the increase in chronic261
312	288		homelessness among persons with behavioral health and substance abuse disorder,262
313	289		particularly the challenges of unsheltered homelessness, and formulating263
314	290		recommendations for policies and funding to address such issues, considering the best264
315	291		practices of other states and the permissible use of all available funding sources;"265
316	292		SECTION 6.266
317	293		Said title is further amended by adding new Code sections to Article 6 of Chapter 1, relating267
318	294		to the Behavioral Health Reform and Innovation Commission, to read as follows:268
319	295		"37-1-115.2.269
320	296		(a) The commission shall convene a task force on reviewing and building a continuum of270
321	297		care to ensure access to and appropriate use of the behavioral health system and the271
322	298		criminal justice system. The task force shall:272
323	299		(1) Undertake a study on access to inpatient behavioral health beds in this state,273
324	300		including the current capacity of inpatient behavioral health beds, the number of beds for274
325	301		varying acuity levels, the location of beds, the percentage of beds being used by in-state275 23 LC 33 9464S
326	302		H. B. 520 (SUB)
327	303		- 12 -
328	304		residents and out-of-state residents, the number of such beds deemed necessary to meet276
329	305		the needs of the state, and make recommendations for any needed capacity building.277
330	306		Such study shall also include a review of the continuum of crisis services to determine278
331	307		if changes can be made in other points on the continuum that could relieve capacity needs279
332	308		on inpatient behavioral health beds, including examining the need for non-crisis280
333	309		resources, such as psychiatric respite beds and other resources and services to all for281
334	310		interventions before a crisis occurs. Such study may also include: (i) recommendations282
335	311		on the implementation or expansion of programs that provide continued care for youth283
336	312		with behavioral health needs and substance use or abuse issues for youth referred by core284
337	313		providers, schools, and the community outreach programs, which shall be based on285
338	314		collaboration with the Interagency's Director's Team, the Behavioral Health Coordinating286
339	315		Council, and the Multi-Agency Treatment for Children (MATCH) team; and (ii)287
340	316		evaluation of the need for establishing, or contracting with, additional residential288
341	317		treatment facilities and crisis stabilization units for Georgians with acute autism spectrum289
342	318		disorder and methods of funding of any needed increase in treatment capacity. The study290
343	319		shall base any recommendations on outcomes, including, but not limited to, decreasing291
344	320		wait times for placement to services and streamlining care connections while keeping292
345	321		individuals in the community when that is the most appropriate setting for them;293
346	322		(2) Conduct a formal review of challenges with getting competency evaluation and294
347	323		restoration services in Georgia. Such formal review shall include identifying promising295
348	324		and best practices for reducing wait times for competency evaluations and document296
349	325		successful diversion 'off-ramps' to limit criminal justice involvement when appropriate.297
350	326		In conducting such review, the task force shall:298
351	327		(A) Identify current services and resources available for individuals in the criminal299
352	328		justice system who have been found incompetent to stand trial;300
353	329		(B) Analyze current trends of competency referrals by county and the impact of any301
354	330		diversion projects or stepping-up initiatives;302 23 LC 33 9464S
355	331		H. B. 520 (SUB)
356	332		- 13 -
357	333		(C) Analyze selected case reviews and other data to identify risk levels of those303
358	334		individuals, service usage, housing status, and health insurance status prior to being304
359	335		jailed;305
360	336		(D) Research how other states address this issue, including funding and structure of306
361	337		community competency restoration programs, and jail based programs; and307
362	338		(E) Develop recommendations to address the growing number of individuals deemed308
363	339		incompetent to stand trial, including increasing prevention and diversion efforts,309
364	340		providing a timely and efficient process for reducing the amount of time individuals310
365	341		remain in the criminal justice system, determining how to provide and fund competency311
366	342		restoration services in the community, and defining the role of the counties and state312
367	343		in providing competency restoration;313
368	344		(3) Review state forensic laws, regulations, and policies affecting the interaction of314
369	345		individuals with behavioral health issues between the criminal justice system and the315
370	346		behavioral health system; and316
371	347		(4) Conduct a study of means to increase available capacity of child and adolescent317
372	348		substance misuse intensive outpatient programs.318
373	349		(b) The task force shall complete such studies and submit its findings and319
374	350		recommendations from each to the commission, the Governor, the General Assembly, and320
375	351		the Office of Health Strategy and Coordination no later than December 1, 2023.321
376	352		37-1-115.3.322
377	353		(a) The commission shall convene a task force to examine issues relating to the impact of323
378	354		behavioral health on the state's homeless population. Task force members shall be324
379	355		appointed by the chairperson of the commission and shall be composed of relevant state325
380	356		and local officials, representatives of advocacy groups, experts, and other stakeholders.326
381	357		(b) The task force shall be directed to:327 23 LC 33 9464S
382	358		H. B. 520 (SUB)
383	359		- 14 -
384	360		(1) Identify all state and local government agencies, nonprofit organizations and others328
385	361		that are providing services and expending funds to help the homeless population and329
386	362		identify all funding sources;330
387	363		(2) Make recommendations on how to better coordinate such government agencies and331
388	364		nonprofit organizations, services, and money;332
389	365		(3) Make recommendations on creating a system for government agencies and nonprofit333
390	366		organizations to share data about individuals being served;334
391	367		(4) Study and make recommendations on ways to improve the transition from the335
392	368		Department of Corrections to the community as it relates to housing and wrap-around336
393	369		services to increase the likelihood that the person remains housed; and337
394	370		(5) Make overall recommendations on ways to decrease the number of individuals who338
395	371		have a behavioral health issue and are homeless.339
396	372		(c) The task force shall complete such duties and submit its findings and recommendations340
397	373		to the commission, the Governor, the General Assembly, and the Office of Health Strategy341
398	374		and Coordination no later than December 1, 2023."342
399	375		SECTION 7.343
400	376		Said title is further amended in Code Section 37-1-122, relating to funding opportunity344
401	377		announcement, requirements, assistance, and announcement of awards with respect to345
402	378		assisted outpatient treatment, by revising subsection (c) as follows:346
403	379		"(c) The funding opportunity announcement shall require each application to include, in347
404	380		addition to any other information the department may choose to require:348
405	381		(1) A detailed three-year program budget, including identification of the source or349
406	382		sources of the applicant's independent budget contribution;350
407	383		(2) A plan to identify and serve a population composed of persons meeting the following351
408	384		criteria, including the number of patients anticipated to participate in the program over352
409	385		the course of each year of grant support:353 23 LC 33 9464S
410	386		H. B. 520 (SUB)
411	387		- 15 -
412	388		(A) The person is 18 years of age or older;354
413	389		(B) The person is suffering from a mental health or substance use disorder which has355
414	390		been clinically documented by a health care provider licensed to practice in Georgia;356
415	391		(C) There has been a clinical determination by a physician or psychologist that the357
416	392		person is unlikely to survive safely in the community without supervision;358
417	393		(D) The person has a history of lack of compliance with treatment for his or her mental359
418	394		health or substance use disorder, in that at least one of the following is true:360
419	395		(i) The person's mental health or substance use disorder has, at least twice within the361
420	396		previous 36 months, been a substantial factor in necessitating hospitalization or the362
421	397		receipt of services in a forensic or other mental health unit of a correctional facility,363
422	398		not including any period during which such person was hospitalized or incarcerated364
423	399		immediately preceding the filing of the petition; or365
424	400		(ii) The person's mental health or substance use disorder has resulted in one or more366
425	401		acts of serious and violent behavior toward himself or herself or others or threatens367
426	402		or attempts to cause serious physical injury to himself or herself or others within the368
427	403		preceding 48 months, not including any period in which such person was hospitalized369
428	404		or incarcerated immediately preceding the filing of the petition;370
429	405		(E) The person has been offered an opportunity to participate in a treatment plan by the371
430	406		department, a state mental health facility, a community service board, or a private372
431	407		provider under contract with the department and such person continues to fail to engage373
432	408		in treatment;374
433	409		(F) The person's condition is substantially deteriorating;375
434	410		(G) Participation in the assisted outpatient treatment program would be the least376
435	411		restrictive placement necessary to ensure such person's recovery and stability;377
436	412		(H) In view of the person's treatment history and current behavior, such person is in378
437	413		need of assisted outpatient treatment in order to prevent a relapse or deterioration that379 23 LC 33 9464S
438	414		H. B. 520 (SUB)
439	415		- 16 -
440	416		would likely result in grave disability or serious harm to himself or herself or others;380
441	417		and381
442	418		(I) It is likely that the person may benefit from assisted outpatient treatment.382
443	419		(3)(2) For each element of assisted outpatient treatment, a statement of how the applicant383
444	420		proposes to incorporate such element into its own practice of assisted outpatient384
445	421		treatment;385
446	422		(4)(3) A commitment by the applicant that it shall honor the provisions of any legally386
447	423		enforceable psychiatric advance directive of any person receiving involuntary outpatient387
448	424		treatment;388
449	425		(5)(4) A description of the evidence based treatment services and case management389
450	426		model or models that the applicant proposes to utilize;390
451	427		(6)(5) A description of any dedicated staff positions the applicant proposes to establish;391
452	428		(7)(6) A letter of support from the sheriff of any county where the applicant proposes to392
453	429		provide assisted outpatient treatment;393
454	430		(8)(7) A flowchart representing the proposed assisted outpatient treatment process, from394
455	431		initial case referral to transition to voluntary care; and395
456	432		(9)(8) A description of the applicant's plans to establish a stakeholder workgroup,396
457	433		consisting of representatives of each of the agencies, entities, and communities deemed397
458	434		essential to the functioning of the assisted outpatient treatment program, for purposes of398
459	435		internal oversight and program improvement."399
460	436		SECTION 8.400
461	437		Said title is further amended in Code Section 37-2-4, relating to the Behavioral Health401
462	438		Coordinating Council, membership, meetings, and obligations, by revising subsection (c) and402
463	439		adding a new subsection as follows:403
464	440		"(c) Meetings of the council shall be held quarterly, or more frequently, on the call of the404
465	441		chairperson. Meetings of the council shall be held with no less than five days' public notice405 23 LC 33 9464S
466	442		H. B. 520 (SUB)
467	443		- 17 -
468		-	for regular meetings and with such notice as the bylaws may prescribe for special meetings.
469		-	406
	444	+	for regular meetings and with such notice as the bylaws may prescribe for special meetings.406
470	445		Each member shall be given written or electronic notice of all meetings. All meetings of407
471	446		the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or408
472	447		transcripts shall be kept of all meetings of the council and shall include a record of the409
473	448		votes of each member, specifying the yea or nay vote or absence of each member, on all410
474	449		questions and matters coming before the council, and minutes or transcripts of each411
475	450		meeting shall be posted on the state agency website of each council member designee. No412
476	451		member may abstain from a vote other than for reasons constituting disqualification to the413
477		-	satisfaction of a majority of a quorum of the council on a recorded vote. Except as
478		-	414
	452	+	satisfaction of a majority of a quorum of the council on a recorded vote. Except as414
479	453		provided in subsection (c.1) of this Code section, no No member of the council shall be415
480	454		represented by a delegate or agent. Any member who misses three duly posted meetings416
481	455		of the council over the course of a calendar year shall be replaced by an appointee of the417
482	456		Governor unless the council chairperson officially excuses each such absence.418
483	457		(c.1) The commissioner of behavioral health and developmental disabilities, the419
484	458		commissioner of early care and learning, the commissioner of community health, the420
485	459		commissioner of public health, the commissioner of human services, the commissioner of421
486	460		juvenile justice, the commissioner of corrections, the commissioner of community422
487	461		supervision, the commissioner of community affairs, the commissioner of the Technical423
488	462		College System of Georgia, the Commissioner of Labor, and the State School424
489	463		Superintendent shall each be authorized to be represented by a delegate or agent at any425
490	464		meeting of the council or subcommittee meeting. Any such delegate or agent shall be426
491	465		counted toward a quorum, shall have all voting privileges as the member's delegate or427
492	466		agent, and shall not be considered an absence of the member."428
493	467		SECTION 9.429
494	468		Said title is further amended by repealing and reserving Code Section 37-2-7, relating to430
495	469		formulation and publication of state plan for disability services.431 23 LC 33 9464S
496	470		H. B. 520 (SUB)
497	471		- 18 -
498		-	SECTION 10.
499		-	432
	472	+	SECTION 10.432
500	473		Said title is further amended in Code Section 37-3-41, relating to emergency admission based433
501	474		on physician's certification or court order, report by apprehending officer, entry of treatment434
502	475		order into patient's clinical record, and authority of other personnel to act under statute, by435
503	476		revising subsections (b) and (c) as follows:436
504	477		"(b) The appropriate court of the county in which a person may be found may issue an437
505	478		order commanding any peace officer to take such person into custody and deliver him or438
506	479		her forthwith for examination, either to the nearest available emergency receiving facility439
507	480		serving the county in which the patient is found, where such person shall be received for440
508	481		examination, or to a physician who has agreed to examine such patient and who will441
509	482		provide, where appropriate, a certificate pursuant to subsection (a) of this Code section to442
510	483		permit delivery of such patient to an emergency receiving facility pursuant to subsection (a)443
511	484		of this Code section. Such order may only be issued if based either upon an unexpired444
512	485		physician's certificate, as provided in subsection (a) of this Code section, or upon the445
513	486		affidavits of at least two persons who attest that, within the preceding 48 hours, they have446
514	487		seen the person to be taken into custody and that, based upon observations contained in447
515	488		their affidavit, they have reason to believe such person is a mentally ill person requiring448
516		-	involuntary treatment. Such physician's certificate or affidavits shall be affixed to the court
517		-	449
	489	+	involuntary treatment. Such physician's certificate or affidavits shall be affixed to the court449
518	490		order; provided, however, that information personally identifying the affiants shall be450
519	491		redacted and concealed. The court order shall expire seven days after it is executed.451
520	492		(c) Any peace officer taking into custody and delivering for examination a person, as452
521	493		authorized by subsection (a) or (b) of this Code section, shall execute a written report453
522	494		detailing the circumstances under which such person was taken into custody. Such peace454
523	495		officer shall provide to the emergency receiving facility the report and either the The report455
524	496		and either the physician's certificate or court order authorizing such taking into custody,456
525	497		including such information which is required to be affixed pursuant to subsection (b) of this457 23 LC 33 9464S
526	498		H. B. 520 (SUB)
527	499		- 19 -
528	500		Code section, or the physician's certificate, if there is no court order. Such documents shall458
529	501		be made a part of the patient's clinical record."459
530	502		SECTION 11.460
531	503		Said title is further amended in Code Section 37-7-41, relating to emergency involuntary461
532	504		treatment, who may certify need, delivery for examination, and report of delivery required,462
533	505		by revising subsections (b) and (c) as follows:463
534	506		"(b) The appropriate court of the county in which a person may be found may issue an464
535	507		order commanding any peace officer to take such person into custody and deliver him465
536	508		forthwith for examination, either to the nearest available emergency receiving facility466
537	509		serving the county in which the patient is found, where such person shall be received for467
538	510		examination, or to a physician who has agreed to examine such patient and who will468
539	511		provide, where appropriate, a certificate pursuant to subsection (a) of this Code section to469
540	512		permit delivery of such patient to an emergency receiving facility pursuant to subsection (a)470
541	513		of this Code section. Such order may only be issued if based either upon an unexpired471
542	514		physician's certificate, as provided in subsection (a) of this Code section, or upon the472
543	515		affidavits of at least two persons who attest that, within the preceding 48 hours, they have473
544	516		seen the person to be taken into custody and that, based upon observations contained in474
545	517		their affidavit, they have reason to believe such person is an alcoholic, a drug dependent475
546	518		individual, or a drug abuser requiring involuntary treatment. Such physician's certificate476
547	519		or affidavits shall be affixed to the court order; provided, however, that information477
548	520		personally identifying the affiants shall be redacted and concealed. The court order shall478
549	521		expire seven days after it is executed.479
550	522		(c) Any peace officer taking into custody and delivering for examination a person, as480
551	523		authorized by subsection (a) or (b) of this Code section, shall execute a written report481
552	524		detailing the circumstances under which such person was taken into custody. Such peace482
553	525		officer shall provide to the emergency receiving facility the report and either the The report483 23 LC 33 9464S
554	526		H. B. 520 (SUB)
555	527		- 20 -
556	528		and either the physician's certificate or court order authorizing such custody, including such484
557	529		information which is required to be affixed to the court order pursuant to subsection (b) of485
558	530		this Code section, or the physician's certificate, if there is no court order. Such documents486
559	531		shall be made a part of the patient's record."487
560	532		SECTION 12.488
561	533		Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,489
562	534		is amended by adding a new Code section to read as follows:490
563	535		"43-1-2.1.491
564	536		(a) The Office of Health Strategy and Coordination shall conduct a study of licensing492
565	537		requirements of professional licensing boards that license behavioral health care493
566	538		professionals in this state to identify any barriers to entry or licensure to ensure the state494
567	539		has sufficient workforce to address the needs of the state. The study shall include the495
568	540		following designated professional licensing boards under the purview of the professional496
569	541		licensing division, with respect to the health care providers who primarily provide497
570	542		treatment or diagnosis of mental health or substance use disorders that each board498
571	543		regulates:499
572	544		(1) Georgia Composite Board of Professional Counselors, Social Workers, and Marriage500
573	545		and Family Therapists;501
574	546		(2) State Board of Examiners of Psychologists; and502
575	547		(3) Georgia Board of Nursing.503
576	548		(b) The study shall identify ways to modernize licensing practices by: (1) reviewing and504
577	549		updating its systems and processes used by designated professional licensing boards to505
578	550		receive and review license applications and renewals; (2) creating a pathway for506
579	551		foreign-trained practitioners to gain licensure in Georgia, including licensure by507
580	552		endorsement or temporary licensure under supervision pending final licensure; and (3)508
581	553		reviewing and updating practicum and supervision requirements for licensure to more509 23 LC 33 9464S
582	554		H. B. 520 (SUB)
583	555		- 21 -
584	556		closely align with requirements in surrounding states. Such study shall include the review510
585	557		of licensure laws, regulations, and policies in this state to identify any barriers or511
586	558		impediments to licensure.512
587	559		(c) The office of the Secretary of State and its professional licensing division shall provide513
588	560		full cooperation with the Office of Health Strategy and Coordination in conducting its514
589	561		study, including providing all data and information relevant to the study as requested by515
590	562		the office.516
591	563		(d) The Office of Health Strategy and Coordination shall complete such study and submit517
592	564		its findings and recommendations to the Governor, the General Assembly, the Secretary518
593	565		of State, and the Behavioral Health Reform and Innovation Commission no later than519
594	566		December 1, 2023.520
595	567		(e) This Code section shall stand repealed in its entirety by operation of law on521
596	568		December 1, 2023."522
597	569		SECTION 13.523
598	570		Said title is further amended in Chapter 10A, relating to professional counselors, social524
599	571		workers, and marriage and family therapists, by revising Code Section 43-10A-10, relating525
600	572		to licensure without examination, as follows:526
601	573		"43-10A-10.527
602	574		(a) The board may issue a license without examination to any applicant licensed in a528
603	575		specialty under the laws of another jurisdiction having requirements for licensure in that529
604	576		specialty which are substantially equal to the licensure requirements for that specialty in530
605	577		this state.531
606	578		(b) The board shall be authorized to waive all or a portion of the experience requirements532
607	579		for any applicant licensed under the laws of another jurisdiction who has maintained full533
608	580		licensure in good standing in such jurisdiction for a minimum of two years."534 23 LC 33 9464S
609	581		H. B. 520 (SUB)
610	582		- 22 -
611		-	SECTION 14.
612		-	535
	583	+	SECTION 14.535
613	584		Said title is further amended in Chapter 10A, relating to professional counselors, social536
614	585		workers, and marriage and family therapists, by adding a new Code section to read as537
615	586		follows:538
616		-	"43-10A-24.
617		-	539
	587	+	"43-10A-24.539
618	588		(a) As used in this Code section, the term:540
619	589		(1) 'Entity' means an organization or medical professional association which conducts541
620	590		professional health programs.542
621	591		(2) 'Health care professional' means any individual licensed, certified, or permitted by543
622	592		the board under this chapter.544
623	593		(3) 'Impaired' means the inability of a health care professional to practice with reasonable545
624	594		skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,546
625	595		chemicals, or any other type of material, or as a result of any mental or physical547
626	596		condition.548
627	597		(4) 'Professional health program' means a program established for the purposes of549
628	598		monitoring and rehabilitation of impaired health care professionals.550
629	599		(b) The board shall be authorized to conduct a professional health program to provide551
630	600		monitoring and rehabilitation of impaired health care professionals in this state. To this552
631	601		end, the board shall be authorized to enter into a contract with an entity for the purpose of553
632	602		establishing and conducting such professional health program, including, but not limited554
633	603		to:555
634	604		(1) Monitoring and rehabilitation of impaired health care professionals for the purpose556
635	605		of ensuring the fitness of each such health care professional to resume or continue557
636	606		practice of his or her health care profession while maintaining the safety of the public;558
637	607		(2) Performing duties related to paragraph (10) of subsection (a) of Code559
638	608		Section 43-10A-17; and560
639	609		(3) Performing such other related activities as determined by the board.561 23 LC 33 9464S
640	610		H. B. 520 (SUB)
641	611		- 23 -
642	612		(c) Notwithstanding the provisions of subsection (k) of Code Section 43-1-2 and Code562
643	613		Section 43-10A-17, the board shall be authorized to provide pertinent information563
644	614		regarding health care professionals, as determined by the board and in its sole discretion,564
645	615		to the entity for its purposes in conducting a professional health program pursuant to this565
646	616		Code section.566
647	617		(d) All information, interviews, reports, statements, memoranda, or other documents567
648	618		furnished to the entity by the board or other source or produced by the entity and any568
649	619		findings, conclusions, recommendations, or reports resulting from the monitoring or569
650	620		rehabilitation of health care professionals pursuant to this Code section are declared to be570
651	621		privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,571
652	622		relating to open records. All such records of the entity shall be confidential and shall be572
653	623		used by such entity and its employees and agents only in the exercise of the proper function573
654	624		of the entity pursuant to its contract with the board. Such information, interviews, reports,574
655	625		statements, memoranda, or other documents furnished to or produced by the entity and any575
656	626		findings, conclusions, recommendations, or reports resulting from the monitoring or576
657	627		rehabilitation of health care professionals shall not be available for court subpoenas or for577
658	628		discovery proceedings.578
659	629		(e) An impaired health care professional who participates in a professional health program579
660	630		conducted pursuant to this Code section shall bear all costs associated with such580
661	631		participation.581
662	632		(f) Any entity that contracts with the board pursuant to this Code section shall be immune582
663	633		from any liability, civil or criminal, that might otherwise be incurred or imposed, for the583
664	634		performance of any functions or duties under the contract if performed in accordance with584
665	635		the terms of such contract and the provisions of this Code section."585 23 LC 33 9464S
666	636		H. B. 520 (SUB)
667	637		- 24 -
668		-	SECTION 15.
669		-	586
	638	+	SECTION 15.586
670	639		Said title is further amended in Chapter 26, relating to nurses, by adding a new article to read587
671	640		as follows:588
672		-	"ARTICLE 5
673		-	589
	641	+	"ARTICLE 5589
674	642		43-26-70.590
675	643		(a) As used in this Code section, the term:591
676	644		(1) 'Board' means the Georgia Board of Nursing.592
677	645		(2) 'Entity' means an organization or medical professional association which conducts593
678	646		professional health programs.594
679	647		(3) 'Health care professional' means any individual licensed, certified, or permitted by595
680	648		the board under this chapter.596
681	649		(4) 'Impaired' means the inability of a health care professional to practice with reasonable597
682	650		skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,598
683	651		chemicals, or any other type of material, or as a result of any mental or physical599
684	652		condition.600
685	653		(5) 'Professional health program' means a program established for the purposes of601
686	654		monitoring and rehabilitation of impaired health care professionals.602
687	655		(b) The board shall be authorized to conduct a professional health program to provide603
688	656		monitoring and rehabilitation of impaired health care professionals in this state. To this604
689	657		end, the board shall be authorized to enter into a contract with an entity for the purpose of605
690	658		establishing and conducting such professional health program, including, but not limited606
691	659		to:607
692	660		(1) Monitoring and rehabilitation of impaired health care professionals for the purpose608
693	661		of ensuring the fitness of each such health care professional to resume or continue609
694	662		practice of his or her health care profession while maintaining the safety of the public;610 23 LC 33 9464S
695	663		H. B. 520 (SUB)
696	664		- 25 -
697	665		(2) Performing duties related to paragraph (2) of Code Section 43-26-11; and611
698	666		(3) Performing such other related activities as determined by the board.612
699	667		(c) Notwithstanding the provisions of subsection (k) of Code Section 43-1-2 and Code613
700	668		Section 43-26-11, the board shall be authorized to provide pertinent information regarding614
701	669		health care professionals, as determined by the board and in its sole discretion, to the entity615
702	670		for its purposes in conducting a professional health program pursuant to this Code section.616
703	671		(d) All information, interviews, reports, statements, memoranda, or other documents617
704	672		furnished to the entity by the board or other source or produced by the entity and any618
705	673		findings, conclusions, recommendations, or reports resulting from the monitoring or619
706	674		rehabilitation of health care professionals pursuant to this Code section are declared to be620
707	675		privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,621
708	676		relating to open records. All such records of the entity shall be confidential and shall be622
709	677		used by such entity and its employees and agents only in the exercise of the proper function623
710	678		of the entity pursuant to its contract with the board. Such information, interviews, reports,624
711	679		statements, memoranda, or other documents furnished to or produced by the entity and any625
712	680		findings, conclusions, recommendations, or reports resulting from the monitoring or626
713	681		rehabilitation of health care professionals shall not be available for court subpoenas or for627
714	682		discovery proceedings.628
715	683		(e) An impaired health care professional who participates in a professional health program629
716	684		conducted pursuant to this Code section shall bear all costs associated with such630
717	685		participation.631
718	686		(f) Any entity that contracts with the board pursuant to this Code section shall be immune632
719	687		from any liability, civil or criminal, that might otherwise be incurred or imposed, for the633
720	688		performance of any functions or duties under the contract if performed in accordance with634
721	689		the terms of such contract and the provisions of this Code section."635 23 LC 33 9464S
722	690		H. B. 520 (SUB)
723	691		- 26 -
724		-	SECTION 16.
725		-	636
	692	+	SECTION 16.636
726	693		Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the637
727	694		Office of Planning and Budget, is amended by revising Part 3, relating to the Georgia Data638
728	695		Analytic Center, as follows:639
729	696		"Part 3640
730	697		45-12-150.641
731	698		As used in this part, the term:642
732	699		(1) 'Aggregated data' means information that has been combined into groups showing643
733	700		averages or other summary statistics and that is not individually identifiable information.644
734	701		(2) 'De-identified data' means information that does not identify an individual, for which645
735	702		there is no reasonable basis to believe that the information can be used to identify an646
736	703		individual, and that meets the requirements for de-identification of protected health647
737	704		information as defined under HIPAA.648
738		-	(2.1)(A) 'Executive state agency' means any agency, authority, board, bureau,
739		-	649
	705	+	(2.1)(A) 'Executive state agency' means any agency, authority, board, bureau,649
740	706		commission, department, division, office, or other unit of the executive branch of state650
741	707		government whether established by or pursuant to the Constitution of the State of651
742	708		Georgia, the Official Code of Georgia Annotated, any administrative rule or regulation,652
743	709		or any executive order.653
744	710		(B) Such term shall not include:654
745	711		(i) The legislative or judicial branches of state government;655
746	712		(ii) Any political subdivision;656
747	713		(iii) The Georgia State Financing and Investment Commission; or657
748	714		(iv) The Board of Regents of the University System of Georgia.658
749	715		(3) 'GDAC Project' means the Georgia Data Analytic Center established pursuant to this659
750	716		part.660 23 LC 33 9464S
751	717		H. B. 520 (SUB)
752	718		- 27 -
753	719		(3.1)(A) 'Government information' means any information created, received,661
754	720		maintained, or stored by, or otherwise in the control of, an executive state agency,662
755	721		regardless of the form or the media on which the information is recorded.663
756	722		(B) Such term shall not include:664
757	723		(i) Investigative records of law enforcement agencies;665
758	724		(ii) Confidential investigative records related to an ongoing investigation and any666
759	725		related information classified as confidential; or667
760	726		(iii) Confidential advisory opinions requested or given by the office of the inspector668
761	727		general.669
762	728		(4) 'Health data' means information that is created or received by a state agency or670
763	729		department an executive state agency that relates to the past, present, or future physical671
764	730		or mental health or condition of an individual or the past, present, or future payment for672
765	731		the provision of health care services to an individual.673
766	732		(5) 'HIPAA' means the federal Health Insurance Portability and Accountability Act of674
767	733		1996, P.L. 104-191, and any regulations promulgated thereunder by the United States675
768	734		secretary of health and human services.676
769	735		(6) 'Individually identifiable information' means information that identifies an individual677
770	736		or for which there is a reasonable basis to believe that the information can be used to678
771	737		identify an individual.679
772	738		(7) 'IRB' means an institutional review board designated by the office and established680
773	739		pursuant to federal regulations (45 C.F.R. Section 46) with a nation-wide assurance for681
774	740		the protection of human subjects approved by the United States Department of Health and682
775	741		Human Services, Office for Human Research Protections, to review and monitor research683
776	742		involving human subjects to ensure that such subjects are protected from harm and that684
777	743		the rights of such subjects are adequately protected.685
778	744		(8) 'Office' means the Office of Planning and Budget.686 23 LC 33 9464S
779	745		H. B. 520 (SUB)
780	746		- 28 -
781		-	(9) 'Protected health information' has the same meaning as provided for under HIPAA
782		-	687
	747	+	(9) 'Protected health information' has the same meaning as provided for under HIPAA687
783	748		in effect as of July 1, 2019.688
784	749		(10) 'Research' means a systematic investigation, including research development,689
785	750		testing, and evaluation, which is designed to develop or contribute to generalizable690
786	751		knowledge as defined pursuant to 45 C.F.R. Section 46.102(d).691
787	752		(11) 'Researcher' means a public or private entity that conducts research under the review692
788	753		and monitoring of an IRB and has received approval from the data steward for the693
789	754		purpose of requested data elements.694
790		-	45-12-150.1.
791		-	695
	755	+	45-12-150.1.695
792	756		(a) The office shall hire a GDAC director to serve as the executive head of the GDAC.696
793	757		(b) The GDAC director shall have the authority to review data sharing disputes between697
794	758		executive state agencies where a data request made by one agency to another is denied698
795	759		following a department or agency's finding that transmission or access would violate state699
796	760		or federal law. At the request of an agency, the GDAC director shall perform a review of700
797	761		a data request and issue a final determination as to whether such transmission or access to701
798	762		data from one agency to another would violate state or federal law. In the event that the702
799	763		GDAC director's final determination concludes that such transmission or access to data703
800	764		does not violate state or federal law, the final determination shall have the effect of704
801	765		overturning the agency's finding and compelling it to cooperate with the data transfer as705
802	766		requested by the requesting agency. The GDAC director's review shall include706
803	767		consideration of an analysis from the state agency or department whose data are being707
804	768		requested. If a state agency is aggrieved by a final determination by the GDAC director708
805	769		pursuant to this subsection, such agency shall be authorized to appeal such determination709
806	770		to the Governor's Executive Counsel for resolution. The GDAC director and the710
807	771		Governor's Executive Counsel, at their sole discretion, shall each be authorized to consult711
808	772		with the Attorney General on any disputes between executive state agencies.712 23 LC 33 9464S
809	773		H. B. 520 (SUB)
810	774		- 29 -
811	775		(c) The GDAC director shall form a data advisory group to assist in carrying out its713
812	776		responsibilities under this Code section. The data advisory group shall be composed of the714
813	777		following individuals:715
814	778		(1) The GDAC director;716
815	779		(2) The executive director of the Georgia Technology Authority; and717
816	780		(3) At least two representatives of entities that, in their regular course of business, use718
817	781		the type of data that will be made available by the GDAC for public consumption.719
818	782		45-12-151.720
819	783		(a) No later than September 1, 2019, the office shall establish an operational Georgia Data721
820	784		Analytic Center capable of securely receiving, maintaining, and transmitting data in722
821	785		accordance with this part and with the HIPAA and 42 C.F.R. Part 2 privacy and security723
822	786		standards applicable to this part. The office may employ staff to assist with carrying out724
823	787		the functions associated with the establishment and maintenance of the GDAC Project.725
824	788		(b) The office shall ensure the procurement of hardware, software, and a data base system726
825	789		capable of performing analytics at scale and capable of evaluating all data to the extent727
826	790		required to carry out the purposes of the GDAC Project pursuant to this part. Further, the728
827	791		office shall procure sufficient management services to develop and maintain the system.729
828	792		(c) Notwithstanding any provision of this part to the contrary, the GDAC Project shall730
829	793		serve as the designated central data repository for the state from which data can be released731
830	794		to requesting agencies. The GDAC shall seek to receive and maintain individually732
831	795		identifiable data but transmit de-identified data wherever possible and shall only receive,733
832	796		maintain, and transmit individually identifiable information if permitted by this Code734
833	797		section and other applicable law and if the information is in a form and format that are735
834	798		secured to prevent disclosure of individually identifiable information. If the GDAC is736
835	799		facilitating with the transfer of data from one state agency to another through its central737
836	800		data repository or other method, the GDAC may receive, maintain, and transmit738 23 LC 33 9464S
837	801		H. B. 520 (SUB)
838	802		- 30 -
839	803		individually identifiable information as permitted by this Code section and other applicable739
840	804		law if the information is in a form and format that are secured to prevent disclosure of740
841	805		individually identifiable information agreed to by the releasing and requesting agencies.741
842	806		(d) Through the office, the GDAC is vested with the authority to carry out the following742
843	807		responsibilities:743
844	808		(1) Advise executive state agencies regarding state best practices concerning the creation744
845	809		and maintenance of data;745
846	810		(2) Coordinate data analytics and transparency master planning for executive state746
847	811		agencies and provide leadership regarding state data analytics and transparency;747
848	812		(3) Facilitate the sharing and use of executive state agency data between executive state748
849	813		agencies, and with the public;749
850	814		(4) Establish policies and mechanisms that remove legal or technical reasons to decline750
851	815		data sharing requests;751
852	816		(5) Establish required timetables for the exchange of data between and among state752
853	817		agencies and departments;753
854	818		(6) Establish an enterprise data and information strategy, including development of a754
855	819		state-wide enterprise memorandum of understanding and data sharing agreement template755
856	820		or templates for use by executive state agencies;756
857	821		(7) Create and maintain a state data plan to enhance standardization and integration of757
858	822		data systems and data management practices across all executive state agencies;758
859	823		(8) Create an enterprise data inventory that accounts for all datasets used within agency759
860	824		information systems and that indicates whether each data set may be made publicly760
861	825		available and if the data set is currently available to the public;761
862	826		(9) Identify ways to use and share existing data for business intelligence and predictive762
863	827		analytic opportunities; and763
864	828		(10) Identify strategies to combine internal and external data sources.764 23 LC 33 9464S
865	829		H. B. 520 (SUB)
866	830		- 31 -
867		-	45-12-152.
868		-	765
869		-	Oversight of the operation of the GDAC Project
870		-	established pursuant to this part shall be766
	831	+	45-12-152.765
	832	+	Oversight of the operation of the GDAC Project established pursuant to this part shall be766
871	833		vested in the office. The GDAC Project shall receive, maintain, and transmit data only as767
872	834		permitted by this part and as approved by the office and the executive state agency or768
873	835		department whose data are requested. The office's responsibilities with respect to this part769
874	836		shall include:770
875	837		(1) Identification of data that have been created, received, or maintained by executive771
876	838		state agencies or departments that may be appropriate for receipt, maintenance, and772
877	839		transmission by the GDAC Project in furtherance of the purposes of this part;773
878	840		(2) Prior to the receipt of data by the GDAC Project, review and approval of the774
879	841		appropriateness of such receipt, including consideration of the following factors:775
880	842		(A) Whether the transmitting agency or department has authority to collect the data776
881	843		proposed to be received by the GDAC Project, particularly if the data include777
882	844		individually identifiable information;778
883	845		(B) Whether collection of the data proposed to be received by the GDAC Project is779
884	846		expected to further the purposes of this part, namely, the improvement of public health780
885	847		and the safety, security, and well-being of Georgia residents; and781
886	848		(C) Whether reasonable efforts have been made to ensure that the GDAC Project will782
887	849		receive only the appropriate data needed to accomplish the purposes of this part;783
888	850		(3) Prior to the receipt or transmission of data by the GDAC Project, review and784
889	851		approval of any necessary data use agreements or business associate agreements with any785
890	852		person or entity from which or to which information is received or transmitted in786
891	853		compliance with all applicable privacy and security standards, including, but not limited787
892	854		to, HIPAA and 42 C.F.R. Part 2, when such data include individually identifiable788
893	855		information that is protected health information;789
894	856		(4) Adopting and publishing policies and procedures for the efficient and transparent790
895	857		operation of the GDAC Project, including, but not limited to, the following:791 23 LC 33 9464S
896	858		H. B. 520 (SUB)
897	859		- 32 -
898		-	(A) Privacy and data security policies and procedures that comply with the applicable
899		-	792
900		-	federal and state privacy and security statutes and regulations, including HIPAA and
901		-	793
	860	+	(A) Privacy and data security policies and procedures that comply with the applicable792
	861	+	federal and state privacy and security statutes and regulations, including HIPAA and793
902	862		42 C.F.R. Part 2;794
903	863		(B) Data access policies and procedures that allow access by a public or private entity,795
904	864		including a researcher, only when such access request meets the standards set forth in796
905	865		the data access policies and procedures and has been approved by the office and the797
906	866		appropriate executive state agency or department. When data access is requested by798
907	867		any public or private entity, including a researcher, for the purpose of conducting799
908	868		research, the office shall only approve access to data after review and approval by an800
909	869		IRB, and such access shall be limited to data identified in approved IRB research801
910	870		protocols and only for the period of the approval. In no event shall the office approve802
911	871		access to health data that identifies, or that may be used to identify, rates of payment803
912	872		by a private entity for the provision of health care services to an individual unless the804
913	873		entity seeking access agrees to keep such information confidential and to prevent public805
914	874		disclosure of such data or the rates of payment derived from such data;806
915	875		(C) Data retention policies requiring that data be returned to transmitting executive807
916	876		state agencies or departments or destroyed when it is no longer in the state's interest to808
917	877		promote analysis of such data and in accordance with applicable HIPAA regulations809
918	878		and 42 C.F.R. Part 2, data use agreements, and provisions of IRB approvals;810
919	879		(D) Policies to require researchers to consult with subject matter experts in the data sets811
920	880		being linked on a specific project. The purpose of such consultation shall be to help812
921	881		researchers understand and interpret the data being linked to a specific project; and813
922	882		(E) Policies that establish processes to engage researchers and academic institutions814
923	883		across Georgia to help set research priorities and promote the use of the GDAC Project815
924	884		to accelerate population health research in this state;816
925	885		(5) Communicating to all executive state agencies and departments that each executive817
926	886		state agency or department shall, upon request of the office, make available to the office818 23 LC 33 9464S
927	887		H. B. 520 (SUB)
928	888		- 33 -
929	889		through the GDAC Project all data housed within its respective office pursuant to policies819
930	890		established pursuant to this Code section;820
931	891		(6)(A) Establishing the process by which each executive state agency or department821
932	892		is required, in consultation with the office, to identify and submit to the office a822
933	893		minimum of two distinct policy concerns that may be studied in an integrated823
934	894		information environment in order to identify evidence based solutions to such policy824
935	895		concerns; and825
936	896		(B) Establishing procedures for ranking the submission and selection of such policy826
937	897		concerns considered by the office to be of greatest concern to the health, safety,827
938	898		security, and well-being of Georgia's citizens; and828
939	899		(7) Establishing a process to set research priorities that utilize the GDAC Project to829
940	900		provide effective and efficient policy management for the state.830
941	901		45-12-153.831
942	902		(a) Any executive state agency or department that creates, receives, or maintains publicly832
943	903		supported program, fiscal, or health data shall, only after execution of an enforceable data833
944	904		use, data sharing, or other similar agreement that is acceptable to the executive state agency834
945	905		or department, transmit or allow access to such data as is necessary and appropriate to835
946	906		further the purposes of this part and shall cooperate with GDAC Project requests for receipt836
947	907		of or access to such data. Notwithstanding the foregoing, any executive state agency or837
948	908		department shall not be required to transmit data which it creates, receives, or maintains838
949	909		to the GDAC Project or to allow access to such data if the Attorney General's review or the839
950	910		applicable executive state agency's or department's review determines that such840
951	911		transmission or access would violate state or federal law. The Attorney General's review841
952	912		shall include consideration of an analysis from the executive state agency or department842
953	913		whose data are being requested and shall include the reason, if any, that the requested data843
954	914		cannot be transmitted or allowed for access to the GDAC as an agent of the state agency844 23 LC 33 9464S
955	915		H. B. 520 (SUB)
956	916		- 34 -
957	917		or department as provided in subsection (c) of this Code section. In the event that the845
958	918		provisions of this part with respect to interagency data sharing conflict with any other846
959	919		provisions of the Code, this part shall take precedence.847
960	920		(b) This Code section shall not prohibit the office or any agency or department from848
961	921		creating, receiving, maintaining, or transmitting data in data systems that are separate and849
962	922		distinct from the GDAC Project.850
963	923		(c) The GDAC is considered to be an agent of all executive state agencies sharing851
964	924		government information and is an authorized receiver of government information under the852
965	925		statutory or administrative law that governs such government information.853
966	926		(d) Interagency and intra-agency data sharing under this part shall not constitute a854
967	927		disclosure or release under any statutory or administrative law that governs the government855
968	928		information. In no event shall government information accessed, received, or obtained by856
969	929		the GDAC, which is protected by any form of confidentiality or privilege, cause such857
970	930		information to be subject to disclosure, including, but not limited to, disclosure pursuant858
971	931		to Code Sections 50-18-70 and 50-18-72.859
972	932		45-12-154.860
973	933		(a) No later than July 1, 2020, upon the receipt of data by the GDAC Project pursuant to861
974	934		this part, and on an annual basis thereafter, the office shall publish a report that is made862
975	935		available and accessible to the General Assembly consisting of:863
976	936		(1) A description of the implementation of the GDAC Project, including identification864
977	937		of the sources and types of data received and maintained by the GDAC Project over the865
978	938		prior 12 months;866
979	939		(2) A list of all aggregated data maintained by the GDAC Project;867
980	940		(3) A description of each IRB approved disclosure of data or data sets by the GDAC868
981	941		Project;869
982	942		(4) A list of publications and other reports based on GDAC Project data;870 23 LC 33 9464S
983	943		H. B. 520 (SUB)
984	944		- 35 -
985		-	(5) A strategic plan for achieving the purposes of this part during the successive 12
986		-	871
	945	+	(5) A strategic plan for achieving the purposes of this part during the successive 12871
987	946		month period; and872
988	947		(6) Any other information deemed appropriate by the office.873
989		-	(b) To further the objectives of the General Assembly and the GDAC's reporting to the
990		-	874
	948	+	(b) To further the objectives of the General Assembly and the GDAC's reporting to the874
991	949		General Assembly, a presumption of data sharing between the executive state agencies is875
992	950		hereby established. Such presumption of data sharing shall override all state laws to the876
993	951		contrary but shall not interfere with any agency's ability to require data sharing agreements877
994	952		to ensure data protection and security and compliance with federal law and regulations.878
995	953		45-12-154.1.879
996	954		The administrator of the GDAC Project shall prepare an annual unified report regarding880
997	955		complaints filed for suspected violations of mental health parity laws. Such annual unified881
998	956		report shall comprise data received from the Department of Insurance pursuant to882
999	957		subsection (g) of Code Section 33-1-27 and data received from the Department of883
1000	958		Community Health pursuant to subsection (g) of Code Section 33-21A-13. Such annual884
1001	959		unified report shall be completed and made publicly available beginning April 1, 2024, and885
1002	960		annually thereafter.886
1003	961		45-12-155.887
1004	962		The office may apply for and receive funding in relation to the GDAC Project from the888
1005	963		following sources:889
1006	964		(1) Grants from research or other private entities;890
1007	965		(2) Fees paid by persons or entities requesting access to GDAC Project data or the891
1008	966		performance of analyses by the GDAC Project, which fees have been approved by the892
1009	967		office to support the cost of preparing data for access or performing analyses;893
1010	968		(3) Federal grants;894 23 LC 33 9464S
1011	969		H. B. 520 (SUB)
1012	970		- 36 -
1013		-	(4) Grants or other financial assistance from state or local departments, agencies,
1014		-	895
	971	+	(4) Grants or other financial assistance from state or local departments, agencies,895
1015	972		authorities, and organizations at the discretion of such entities, for specific projects of896
1016	973		interest to such entities; and897
1017		-	(5) Appropriations made to the GDAC Project
1018		-	pursuant to the General Appropriations898
	974	+	(5) Appropriations made to the GDAC Project pursuant to the General Appropriations898
1019	975		Act or a supplementary appropriations Act."899
1020	976		SECTION 17.900
1021	977		Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended901
1022	978		in Article 7 of Chapter 4, relating to medical assistance generally, by adding a new Code902
1023	979		section to read as follows:903
1024	980		"49-4-152.7.904
1025	981		(a)(1) On and after January 1, 2024, the department shall ensure that the Medicaid905
1026	982		program includes:906
1027	983		(A) Reimbursement for psychological diagnostic assessments and treatment under907
1028	984		Current Procedural Terminology (CPT) Code 90791 and family therapy services under908
1029	985		CPT Codes 90846 and 90847 under the Psychological and Therapy Services Medicaid909
1030	986		provider manual, including for all practitioners indicated in such manual;910
1031	987		(B) Reimbursement for services provided by licensed professional counselors, licensed911
1032	988		marriage and family therapists, and certified peer support specialists in federally912
1033	989		qualified health centers, as defined in 42 U.S.C. Section 1905(l)(2)(B);913
1034	990		(C) Psychiatric hospitals as an eligible facility type for providing inpatient psychiatric914
1035	991		facility services for persons under the age of 21 years enrolled in the fee-for-service915
1036	992		delivery system of Medicaid;916
1037	993		(D) Reevaluation and updating of Medicaid reimbursement rates for autism spectrum917
1038	994		disorder diagnostic assessments and services, in collaboration with the Department of918
1039	995		Public Health, the Department of Behavioral Health and Developmental Disabilities,919
1040	996		the Georgia Chapter of the American Academy of Pediatrics, the Marcus Autism920 23 LC 33 9464S
1041	997		H. B. 520 (SUB)
1042	998		- 37 -
1043	999		Center, the Anna Shaw Children's Institute, and other relevant medical organizations,921
1044	1000		to identify the full array of qualified provider types who can diagnose, treat, and922
1045	1001		support autism spectrum disorders and policy solutions for barriers to diagnosing and923
1046	1002		treating autism spectrum disorders, reflecting evidence-based medical standards for924
1047	1003		diagnosing;925
1048	1004		(E) Reimbursement for eligible justice involved youth ages 18 to 21 years; and926
1049	1005		(F) The provision of specialized therapeutic foster services for persons under the age927
1050	1006		of 21 years and, when appropriate, their caregivers and family of origin, to enable a928
1051	1007		recipient to manage and work toward resolution of emotional, behavioral, or psychiatric929
1052	1008		problems and to support reunification with his or her family of origin in a highly930
1053	1009		supportive, individualized, and flexible home setting.931
1054	1010		(2) No later than December 1, 2023, the department shall submit any necessary Medicaid932
1055	1011		state plan amendment or waiver request to the United States Department of Health and933
1056	1012		Human Services to implement the provisions of this Code section.934
1057	1013		(b) No later than December 1, 2023, the department shall undertake the necessary steps,935
1058	1014		including but not limited to, changing any rules, regulations, or policies necessary to secure936
1059	1015		approval from the United States Department of Health and Human Services under the937
1060	1016		Social Security Act to allow the usage of Medicaid or other federal funds received by the938
1061	1017		state to provide any of the following: housing supports; employment supports; nutrition939
1062	1018		supports; and case management, outreach, and education services to eligible recipients and940
1063	1019		their caregivers, if the recipient is under the age of 19 years."941
1064	1020		SECTION 18.942
1065	1021		Said title is further amended by repealing and reserving Code Section 49-5-224, relating to943
1066	1022		submission of an annual report by the commissioner of behavioral health and developmental944
1067	1023		disabilities and contents of the report.945 23 LC 33 9464S
1068	1024		H. B. 520 (SUB)
1069	1025		- 38 -
1070		-	SECTION 19.
1071		-	946
	1026	+	SECTION 19.946
1072	1027		Said title is further amended by adding new Code sections to Chapter 10, relating to the947
1073	1028		Georgia Board of Health Care Workforce, to read as follows:948
1074		-	"49-10-6.
1075		-	949
	1029	+	"49-10-6.949
1076	1030		(a) As used in this Code section, the term:950
1077	1031		(1) 'Licensed health care professional' means the following health care professionals951
1078	1032		licensed or certified by a state licensing board:952
1079	1033		(A) Physicians, acupuncturists, physician assistants, respiratory care professionals,953
1080	1034		clinical perfusionists, orthotists, prosthetists, cosmetic laser practitioners, and genetic954
1081	1035		counselors;955
1082	1036		(B) Pharmacists and pharmacy technicians;956
1083	1037		(C) Dentists and dental hygienists;957
1084	1038		(D) Chiropractors;958
1085	1039		(E) Optometrists;959
1086	1040		(F) Occupational therapists and occupational therapy assistants;960
1087	1041		(G) Physical therapists and physical therapist assistants;961
1088	1042		(H) Audiologists and speech-language pathologists;962
1089	1043		(I) Psychologists;963
1090	1044		(J) Licensed practical nurses, registered professional nurses, and advanced practice964
1091	1045		registered nurses, including certified nurse midwives, nurse practitioners, certified965
1092	1046		registered nurse anesthetists, and clinical nurse specialists in psychiatric/mental health;966
1093	1047		(K) Emergency medical technicians, paramedics, and cardiac technicians;967
1094	1048		(L) Podiatrists;968
1095	1049		(M) Dietitians; and969
1096	1050		(N) Professional counselors, social workers, and marriage and family therapists.970
1097	1051		(2) 'State licensing board' means:971
1098	1052		(A) Georgia Composite Medical Board;972 23 LC 33 9464S
1099	1053		H. B. 520 (SUB)
1100	1054		- 39 -
1101	1055		(B) State Board of Pharmacy;973
1102	1056		(C) Georgia Board of Dentistry;974
1103	1057		(D) Georgia Board of Chiropractic Examiners;975
1104	1058		(E) State Board of Optometry;976
1105	1059		(F) State Board of Occupational Therapy;977
1106	1060		(G) State Board of Physical Therapy;978
1107	1061		(H) State Board of Examiners for Speech-Language Pathology and Audiology;979
1108	1062		(I) State Board of Examiners of Psychologists;980
1109	1063		(J) Georgia Board of Nursing;981
1110	1064		(K) Department of Public Health;982
1111	1065		(L) State Board of Podiatry Examiners;983
1112	1066		(M) Georgia Board of Examiners of Licensed Dietitians; and984
1113	1067		(N) Georgia Composite Board of Professional Counselors, Social Workers, and985
1114	1068		Marriage and Family Therapists.986
1115	1069		(b) In collaboration with state licensing boards, the board shall create and maintain the987
1116	1070		Georgia Health Care Professionals Data System for the purposes of collecting and988
1117	1071		disseminating nonidentifying descriptive data on licensed health care professionals in this989
1118	1072		state. The board shall compile existing information on licensed health care professionals990
1119	1073		into a single repository of information easily accessible to the public from the board's991
1120	1074		website. The data system shall provide information to the public regarding the992
1121	1075		demographics and geographical distribution of licensed health care professionals in this993
1122	1076		state. The data system shall contain no individually identifying information regarding any994
1123	1077		licensed health care professional.995
1124	1078		(c) State licensing boards shall provide the data contained in subsection (d) of this Code996
1125	1079		section upon request by the board or up to two times annually as required by the board.997
1126	1080		The board shall work with state licensing boards regarding the manner, form, and content998
1127	1081		for the reporting of such data. The board shall be authorized to enter into memoranda of999 23 LC 33 9464S
1128	1082		H. B. 520 (SUB)
1129	1083		- 40 -
1130	1084		agreement with individual state licensing boards for purposes of data transmission criteria1000
1131	1085		pursuant to this Code section.1001
1132	1086		(d) State licensing boards shall provide the following data to the board for its licensed1002
1133	1087		health care professionals who are in active practice:1003
1134	1088		(1) Age;1004
1135	1089		(2) Race;1005
1136	1090		(3) Gender;1006
1137	1091		(4) Ethnicity;1007
1138	1092		(5) Languages spoken;1008
1139	1093		(6) Location of practice; and1009
1140	1094		(7) License type.1010
1141	1095		(e) The board shall be authorized to seek federal or other sources of funding necessary to1011
1142	1096		support the creation and maintenance of the Georgia Health Care Professionals Data1012
1143	1097		System.1013
1144	1098		49-10-7.1014
1145	1099		(a) As used in this Code section, the term:1015
1146	1100		(1) 'Eligible applicant' means a person who:1016
1147	1101		(A) Is a legal resident of the State of Georgia as established by rules and regulations1017
1148	1102		of the board;1018
1149	1103		(B) Is a mental health or substance use professional licensed in this state; and1019
1150	1104		(C)(i) Provides services to underserved youth in this state; or1020
1151	1105		(ii) Practices in unserved geographic areas or communities in this state that are1021
1152	1106		disproportionately impacted by social determinants of health, as determined by the1022
1153	1107		board.1023
1154	1108		(2) 'Mental health or substance use professional' means a psychiatrist, psychologist,1024
1155	1109		professional counselor, social worker, marriage and family therapist, clinical nurse1025 23 LC 33 9464S
1156	1110		H. B. 520 (SUB)
1157	1111		- 41 -
1158	1112		specialist in psychiatric/mental health, or other licensed mental or behavioral health1026
1159	1113		clinician or specialist.1027
1160	1114		(3) 'Recipient' means an eligible applicant who applied for and was approved by the1028
1161	1115		board for student loan repayment under this Code section.1029
1162	1116		(4) 'Student loan' means debt incurred by an eligible applicant that is:1030
1163	1117		(A) Evidenced by a promissory note which required the funds received to be used to1031
1164	1118		pay for the cost of attendance for the undergraduate, graduate, or professional education1032
1165	1119		of the eligible applicant;1033
1166	1120		(B) Not in default at the time of application for repayment under this Code section; and1034
1167	1121		(C) Not subject to an existing service obligation or to repayment through another1035
1168	1122		student loan repayment or loan forgiveness program or as a condition of employment.1036
1169	1123		(b) The board shall have the authority to approve the applications of eligible applicants1037
1170	1124		submitted in accordance with rules and regulations established by the board governing the1038
1171	1125		student loan repayment application process.1039
1172	1126		(c) The board is authorized to provide for the repayment of student loans held by recipients1040
1173	1127		in consideration of the recipient performing services as a mental health or substance use1041
1174	1128		professional in accordance with subparagraph (a)(1)(C) of this Code section.1042
1175	1129		(d)(1) Each recipient before being granted any student loan repayment shall enter into1043
1176	1130		a student loan repayment agreement with the board agreeing to the terms and conditions1044
1177	1131		upon which the student loan repayment is granted, including such terms and conditions1045
1178	1132		set forth in this Code section.1046
1179	1133		(2) The board shall have the power to terminate a student loan repayment agreement at1047
1180	1134		any time for any cause deemed sufficient by the board, provided that such power shall not1048
1181	1135		be arbitrarily or unreasonably exercised.1049
1182	1136		(e) Each student loan repayment agreement entered into under the authority granted in this1050
1183	1137		Code section shall:1051 23 LC 33 9464S
1184	1138		H. B. 520 (SUB)
1185	1139		- 42 -
1186	1140		(1) Provide for repayment of the recipient's student loans in a total amount to be1052
1187	1141		determined by the board, but not exceeding the total student loan debt of the recipient,1053
1188	1142		to be paid out in installments made each 12 months over a term of not more than five1054
1189	1143		years. A student loan repayment made pursuant to this Code section shall be paid in such1055
1190	1144		manner as the board shall establish by rules and regulations;1056
1191	1145		(2) Provide that any payment made by the board under a student loan repayment1057
1192	1146		agreement shall be made in consideration of services rendered by the recipient1058
1193	1147		performing services as a mental health or substance use professional in accordance with1059
1194	1148		subparagraph (a)(1)(C) of this Code section;1060
1195	1149		(3) Provide that the board shall make a payment toward the recipient's student loans, in1061
1196	1150		an amount set forth in the agreement, for each 12 months the recipient performs services1062
1197	1151		as a mental health or substance use professional in accordance with1063
1198	1152		subparagraph (a)(1)(C) of this Code section; and1064
1199	1153		(4) Require that the recipient shall remain a legal resident of the state as established by1065
1200	1154		rules and regulations of the board; maintain licensure in this state as a mental health or1066
1201	1155		substance use professional; and perform services as a mental health or substance use1067
1202	1156		professional in accordance with subparagraph (a)(1)(C) of this Code section at all times1068
1203	1157		during the term of the agreement.1069
1204	1158		(f) The board shall adopt such rules and regulations as are reasonable and necessary to1070
1205	1159		implement the provisions of this Code section.1071
1206	1160		(g) Student loan repayment for recipients having entered into a student loan repayment1072
1207	1161		agreement with the board pursuant to this Code section shall be contingent upon the1073
1208	1162		appropriation of funds by the General Assembly for the purposes of this Code section in1074
1209	1163		annual appropriations Acts of the General Assembly."1075 23 LC 33 9464S
1210	1164		H. B. 520 (SUB)
1211	1165		- 43 -
1212		-	SECTION 20.
1213		-	1076
	1166	+	SECTION 20.1076
1214	1167		Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to1077
1215	1168		general provisions relative to the Department of Community Affairs, is amended by adding1078
1216	1169		a new Code section to read as follows:1079
1217		-	"50-8-19.
1218		-	1080
	1170	+	"50-8-19.1080
1219	1171		(a) The department shall undertake the following actions to address ways to increase1081
1220	1172		supportive housing development for the 'familiar faces' population:1082
1221	1173		(1) No later than December 1, 2023, issue guidance on the establishment of tenant1083
1222	1174		selection plans that do not create criminal record related barriers to housing unrelated to1084
1223	1175		fitness as a tenant. The department shall seek to leverage United States Department of1085
1224	1176		Housing and Urban Development (HUD) guidance and their funding and administrative1086
1225	1177		authority, including a review of its own regulations and policies to identify and reduce1087
1226	1178		barriers, to limit use of criminal history information only to circumstances directly1088
1227	1179		affecting suitability as a tenant, such as limiting 'look-back' periods for certain offenses1089
1228	1180		or focusing on violent or property crimes only;1090
1229	1181		(2) Assess feasibility of housing set-asides for the 'familiar faces' population and1091
1230	1182		inventory current programs, such as the HOME American Rescue Plan Program1092
1231	1183		(HOME-ARP), the Housing Choice Voucher program, and other key existing housing1093
1232	1184		and voucher programs, to determine what level of these resources could be set aside for1094
1233	1185		the 'familiar faces' population;1095
1234	1186		(3) Increase supportive housing development for the 'familiar faces' population, by1096
1235	1187		establishing incentives in the department's annual Qualified Allocation Plan (QAP) to1097
1236	1188		allocate resources to increase supportive housing supply, such as Low Income Housing1098
1237	1189		Tax Credits (LIHTC), to finance new housing supply for the 'familiar faces' population;1099
1238	1190		and1100
1239	1191		(4) Identify ways to seed a landlord incentive fund with federal funding to be matched1101
1240	1192		with private funds and allocated regionally in order to incentivize more landlords to rent1102 23 LC 33 9464S
1241	1193		H. B. 520 (SUB)
1242	1194		- 44 -
1243	1195		to the 'familiar faces' population, such as leasing incentive payments and risk mitigation1103
1244	1196		funds.1104
1245	1197		(b) The department shall submit an annual report to the Governor and the General1105
1246	1198		Assembly regarding the status and progress of the initiatives contained in this Code section.1106
1247	1199		(c) As used in this Code section, the term 'familiar faces' means individuals with serious1107
1248	1200		mental illness who have frequent contact with the criminal justice, homeless, and1108
1249	1201		behavioral health systems."1109
1250	1202		SECTION 21.1110
1251	1203		All laws and parts of laws in conflict with this Act are repealed.1111