23 LC 33 9464S
H. B. 520 (SUB)
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House Bill 520 (COMMITTEE SUBSTITUTE)
By: Representatives Jones of the 25
th
, Oliver of the 82
nd
, Efstration of the 104
th
, Beverly of
the 143
rd
, Cooper of the 45
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the
1
Department of Community Health, so as to provide for a study relating to referrals to2
psychiatric treatment residential facilities and crisis stabilization placements; to amend Code3
Section 33-24-59.25 of the Official Code of Georgia Annotated, relating to establishment by4
health benefit plans of step therapy protocols, exception process, time requirements, appeals,5
construction, and application, so as to provide that step therapy protocols may not be required6
for medications prescribed for the treatment of serious mental illness; to amend Title 37 of7
the Official Code of Georgia Annotated, relating to mental health, so as to provide for the8
development of state level guidance to standardize terminology relating to serious mental9
illness; to provide for county based, dedicated coordinators to provide for collaboration10
between criminal justice and behavioral health providers; to provide for the establishment11
of a state-wide public-private partnership to serve as a clearing-house; to provide for a pilot12
program to provide funding for county jails to implement validated behavioral health13
screening; to provide for a grant program for jail in-reach and reentry programs; to provide14
for a comprehensive study of the public behavioral health workforce; to provide for15
appointment of peer support specialists as members of the Behavioral Health Reform and16
Innovation Commission; to revise provisions relating to the authority of the commission; to17
direct the commission to convene a task force on inpatient beds and competency evaluations;18 23 LC 33 9464S
H. B. 520 (SUB)
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to direct the commission to convene a task force to study services for the homeless; to
19
authorize certain officials on the Behavioral Health Coordinating Council to be represented20
in meetings by a delegate or agent; to repeal provisions relating to formulation and21
publication of state plan for disability services; to revise procedures regarding emergency22
involuntary treatment for mental health and alcohol and drug dependency; to require that23
certain documents become part of the patient's clinical record; to provide for redactions; to24
amend Title 43 of the Official Code of Georgia Annotated, relating to professions and25
businesses, so as to provide for a study of certain professional licensing boards; to authorize26
the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and27
Family Therapists to waive certain requirements for applicants licensed in other jurisdictions;28
to authorize the Georgia Composite Board of Professional Counselors, Social Workers, and29
Marriage and Family Therapists to establish a professional health program to provide for30
monitoring and rehabilitation of impaired health care professionals; to authorize the Georgia31
Board of Nursing to establish a professional health program to provide for monitoring and32
rehabilitation of impaired health care professionals; to amend Article 4 of Chapter 12 of33
Title 45 of the Official Code of Georgia Annotated, relating to the Office of Planning and34
Budget, so as to revise provisions relating to the Georgia Data Analytic Center; to provide35
for definitions; to provide for a director; to establish the Georgia Data Analytic Center as the36
central data repository for the state for interagency data sharing; to provide for authority of37
the director and the center; to amend Title 49 of the Official Code of Georgia Annotated,38
relating to social services, so as to require certain coverage under the Medicaid program; to39
repeal a provision relating to the submission of an annual report by the commissioner of40
behavioral health and developmental disabilities; to provide for the establishment of the41
Georgia Health Care Professionals Data System by the Georgia Board of Health Care42
Workforce; to provide for definitions; to provide for collaboration with state licensing43
boards; to provide for a publicly accessible website; to provide for collection of data from44
state licensing boards; to provide for specified data; to provide for student loan repayment45 23 LC 33 9464S
H. B. 520 (SUB)
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for mental health and substance use professionals serving in certain capacities; to provide for
46
definitions; to authorize the board to approve applications; to provide for eligibility47
requirements; to provide for loan repayment agreements and conditions; to provide for rules48
and regulations; to provide for appropriations contingency; to amend Article 1 of Chapter 849
of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative50
to the Department of Community Affairs, so as to address ways to increase supportive51
housing development for the "familiar faces" population; to provide for an annual report; to52
provide for related matters; to repeal conflicting laws; and for other purposes.53
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:54
SECTION 1.55
Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department56
of Community Health, is amended by adding a new Code section to read as follows:57
"31-2-17.
58
(a) The department shall work with the Department of Behavioral Health and59
Developmental Disabilities to conduct a study to review the department's policies and60
practices and recommend changes to enable the Department of Juvenile Justice and the61
Department of Human Services to:62
(1) Serve as a referral source for psychiatric treatment residential facilities; and63
(2) Develop a direct referral process to enable the Department of Juvenile Justice and the64
Department of Human Services to secure facilities for juveniles in their care to crisis65
stabilization placements.66
(b) The department shall complete such studies and submit its findings and67
recommendations to the Governor and the General Assembly no later than68
December 1, 2023.69
(c) This Code section shall stand repealed on December 1, 2023."70 23 LC 33 9464S
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SECTION 2.
71
Code Section 33-24-59.25 of the Official Code of Georgia Annotated, relating to72
establishment by health benefit plans of step therapy protocols, exception process, time73
requirements, appeals, construction, and application, is amended by adding a new subsection74
to read as follows:75
"(e.1) A health benefit plan shall not impose a step therapy protocol for a prescription drug
76
prescribed for the treatment of serious mental illness, as defined by the department."77
SECTION 3.78
Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by79
adding new Code sections to Article 2 of Chapter 1, relating to the powers and duties of the80
Department of Behavioral Health and Developmental Disabilities, to read as follows:81
"37-1-30.82
(a) The department, in collaboration with the Behavioral Health Reform and Innovation83
Commission, Department of Corrections, Department of Juvenile Justice, Department of84
Community Supervision, and other relevant mental health, judicial, and law enforcement85
officials and experts, shall develop state level guidance to standardize terminology to aid86
in facilitating communication, streamlining information sharing, establishing shared87
baseline data, setting measurable goals, and measuring progress among state and local88
agencies and other entities. Such standardized terminology shall include development of89
a single shared definition of 'serious mental illness' that is consistently used by community90
services boards, corrections agencies, courts, law enforcement, and community supervision91
entities. Such standardized terminology may also include the development of single92
definitions for homeless individuals, recidivism, and other related terms. A preliminary93
single shared definition of 'serious mental illness' and any other associated definitions shall94
be proposed no later than December 1, 2023.95 23 LC 33 9464S
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(b) No later than December 1, 2023, the department shall begin conducting a pilot rollout96
at select sites to test the use of the standardized definitions and associated guidance to make97
any adjustments necessary to ensure it is scalable for a successful rollout statewide.98
(c) A single shared definition of 'serious mental illness' and any other associated99
definitions shall be finalized and adopted by the department and the other affected state100
agencies no later than December 31, 2023.101
37-1-31.102
(a) Subject to available funding, the department shall employ or contract with, or provide103
funding for one or more community service boards to employ or contract with, individuals104
to serve as county based, dedicated coordinators to provide for collaboration between105
criminal justice and behavioral health providers. Such collaboration shall assist in ensuring106
that available behavioral health resources are utilized to their full potential and that any107
barriers to access such resources are minimized, that individuals experiencing a mental108
health crisis who do not pose a public safety risk get the care they need and do not go to109
jail, and that jail admissions are decreased for people with mental illness.110
(b) The role of such dedicated coordinators shall be to:111
(1) Facilitate the building of strong collaborative relationships between local law112
enforcement agencies and local behavioral health providers;113
(2) Provide for continuous work engaging with referral sources, including providing114
training, providing pamphlets, and being available to law enforcement; and115
(3) To liaise between key law enforcement and behavioral health partners to better utilize116
the existing resources in this state, including, but not limited to, crisis stabilization units117
established pursuant to Code Section 37-1-29 and co-responder programs established118
pursuant to Chapter 12 of this title.119 23 LC 33 9464S
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37-1-32.120
(a) The department shall be authorized to coordinate the establishment of a state-wide121
public-private partnership to serve as a clearing-house and resource for best practices,122
information, and resources that support developing and sustaining practices for 'familiar123
faces.' Such clearing-house may be housed at an institution of higher education, a124
nonprofit organization, or such other entity deemed appropriate by the department and shall125
draw on the expertise of affected state agencies, law enforcement agencies, local behavioral126
health care providers, and other experts and entities. Such clearing-house may:127
(1) Provide technical assistance to counties;128
(2) Host events to improve information sharing across local governments, law129
enforcement, public safety agencies, community service boards, crisis and other130
behavioral health providers, and courts;131
(3) Provide expert advisement on developing and implementing diversion programs and132
assisting jails in implementing behavioral health screening;133
(4) Disseminate and share evidence based practices and best practices among counties;134
(5) Act as a central repository for information and resources related to criminal justice,135
juvenile justice, mental health, and substance abuse; and136
(6) Coordinate and organize the process of the state interagency justice, mental health,137
and substance abuse work group with the outcomes of the local projects for state and138
local policy and budget developments and system planning.139
(b) The clearing-house shall be authorized to provide annual reports to the General140
Assembly on:141
(1) The effect various initiatives have had on meeting the needs of adults and juveniles142
who have a mental illness, substance abuse disorder, or co-occurring mental health and143
substance abuse disorders, and whether such initiatives have resulted in a reduction in the144
number of forensic commitments to state mental health treatment facilities;145 23 LC 33 9464S
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(2) The effect on the availability and accessibility of effective community based mental146
health and substance abuse treatment services for adults and juveniles who have a mental147
illness, substance abuse disorder, or co-occurring mental health and substance abuse148
disorders; and149
(3) How community diversion alternatives have reduced incarceration and commitments150
to state mental health treatment facilities.151
(c) As used in this Code section, the term 'familiar faces' means individuals with serious152
mental illness who have frequent contact with the criminal justice, homeless, and153
behavioral health systems.154
37-1-33.155
(a) Subject to appropriations or other available funding, the department shall:156
(1) Conduct a pilot program to provide funding for county jails to implement validated157
behavioral health screening. The purpose of the pilot program shall be to expand the use158
of best practice behavioral health screening in jail credentialing and standards. Pilot159
funding will enable county jails to conduct screening for mental illness and divert160
individuals from jail who should be connected or reconnected to services and treatment,161
which can result in improved quality of life for the individual, decreased recidivism, and162
decreased costs and use of resources by the county and state. The department shall163
identify best practice models in this state and nationally for screening, brief intervention,164
and referral to treatment services to aid pilot funding recipients in establishing or165
improving their behavioral health screening programs and protocols; and166
(2) Establish a grant program to build local capacity with funding and technical167
assistance for one or more counties to create or expand collaborative jail in-reach and168
reentry programs. Such programs focus on 'familiar faces' and strive to reduce recidivism169
by pairing individuals exiting incarceration with community resources to assist them in170
becoming self-sufficient. Such programs can provide access to resources such as needed171 23 LC 33 9464S
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medications, shelter, peer support, drug treatment, job skills training, mental health172
treatment, employment, and housing.173
(b) The department shall provide an annual report to the Governor and the General174
Assembly on any grant funding disbursed pursuant to the pilot program or grant program175
established pursuant to this Code section, including any progress toward the goals of the176
state and its counties resulting from such pilot program or grant program, and any177
recommendations as to the expansion of such pilot or grant program statewide.178
(c) As used in this Code section, the term 'familiar faces' means individuals with serious179
mental illness who have frequent contact with the criminal justice, homeless, and180
behavioral health systems.181
37-1-34.182
(a) The department shall conduct a comprehensive study of the public behavioral health183
workforce in this state, including staffing at the department, state behavioral health care184
facilities, and community service boards to identify gaps and challenges in such workforce,185
including the availability of culturally and linguistically responsive services, better186
understand recruitment and retention challenges among such workforce, and allow for187
targeted solutions to address shortages impacting those most in need of behavioral health188
care in this state.189
(b) Such study shall include a review of staffing levels, salaries, vacancy rates, and a190
comparison to private practice salaries and salaries of public behavioral health workforce191
staff members in surrounding states.192
(c) The department shall complete such study and submit its findings and193
recommendations to the Governor, the General Assembly, the Behavioral Health Reform194
and Innovation Commission, and the Office of Health Strategy and Coordination no later195
than December 1, 2023.196
(d) This Code section shall stand repealed on December 1, 2023."197 23 LC 33 9464S
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SECTION 4.
198
Said title is further amended in Code Section 37-1-112, relating to the members, terms,199
officers, and operational matters of the Behavioral Health Reform and Innovation200
Commission, by revising subsection (a) as follows:201
"(a) The commission shall be composed of 24
26 members as follows:202
(1) The following members appointed by the Governor:203
(A) A chairperson;204
(B) A psychiatrist who specializes in children and adolescents;205
(C) A psychiatrist who specializes in adults;206
(D) A health care provider with expertise in traumatic brain injuries;207
(E) A state education official with broad experience in education policy;208
(F) A chief executive officer of a mental health facility;209
(G) A forensic psychologist;210
(H) A local education official; and211
(I) A professional who specializes in substance abuse and addiction;212
(2) The following members appointed by the President of the Senate:213
(A) Two members of the Senate;214
(B) A sheriff;215
(C) A licensed clinical behavioral health professional;216
(D) A behavioral health advocate; and217
(E) A representative of a community service board; and218
(F) A peer support specialist;219
(3) The following members appointed by the Speaker of the House of Representatives:220
(A) Two members of the House of Representatives;221
(B) A police chief;222
(C) A licensed clinical behavioral health professional;223
(D) A behavioral health advocate; and224 23 LC 33 9464S
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(E) A judge who presides in an accountability court, as defined in Code Section
225
15-1-18; and
226
(F) A peer support specialist; and227
(4) The following members appointed by the Chief Justice of the Supreme Court of228
Georgia:229
(A) One Justice of the Supreme Court of Georgia; and230
(B) Two judges."231
SECTION 5.232
Said title is further amended in Code Section 37-1-114.1, relating to the authority of the233
Behavioral Health Reform and Innovation Commission, by revising paragraph (2) as follows:234
"(2) Coordinate initiatives to assist local communities in keeping people with serious235
mental illness out of county and municipal jails and detention facilities, including236
juvenile detention, and, facilitated by nationally recognized experts, to improve outcomes237
for individuals who have frequent contact with the criminal justice, homeless, and238
behavioral health systems, termed 'familiar faces,' including, but not limited to:239
(A) Serving as liaison to state and local leaders to inform policy and funding priorities;240
(B) Collaborating with the Department of Behavioral Health and Developmental241
Disabilities and other relevant agencies to develop Developing a shared definition of242
'serious mental illness' in consultation with relevant mental health, judicial, and law243
enforcement officials and experts pursuant to Code Section 37-1-30;244
(C) Exploring funding options to implement universal screening upon admission into245
a county or municipal jail or detention facility;246
(D) Developing proposed state guidelines, tools, and templates to facilitate sharing of247
information among state and local entities compliant with state and federal privacy248
laws;249 23 LC 33 9464S
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(E) Adopting recommendations to promote the use of pre-arrest diversion strategies
250
that reduce revocations and reduce unnecessary contact with the criminal
justice251
system;252
(F) Developing a shared definition for 'high utilization' in consultation with relevant253
behavioral health and criminal justice experts;254
(G) Implementing improvements to data sharing across and between local and state255
agencies;256
(H) Improving strategies to refer and connect individuals to needed community based257
health and social services, including addressing gaps in continuity of care;258
(I) Leading a comprehensive, multiyear plan to further expand Expanding the use of259
and support for forensic peer monitors; and260
(J) Analyzing best practices to address and ameliorate the increase in chronic261
homelessness among persons with behavioral health and substance abuse disorder,262
particularly the challenges of unsheltered homelessness, and formulating263
recommendations for policies and funding to address such issues, considering the best264
practices of other states and the permissible use of all available funding sources;"265
SECTION 6.266
Said title is further amended by adding new Code sections to Article 6 of Chapter 1, relating267
to the Behavioral Health Reform and Innovation Commission, to read as follows:268
"37-1-115.2.269
(a) The commission shall convene a task force on reviewing and building a continuum of270
care to ensure access to and appropriate use of the behavioral health system and the271
criminal justice system. The task force shall:272
(1) Undertake a study on access to inpatient behavioral health beds in this state,273
including the current capacity of inpatient behavioral health beds, the number of beds for274
varying acuity levels, the location of beds, the percentage of beds being used by in-state275 23 LC 33 9464S
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residents and out-of-state residents, the number of such beds deemed necessary to meet276
the needs of the state, and make recommendations for any needed capacity building.277
Such study shall also include a review of the continuum of crisis services to determine278
if changes can be made in other points on the continuum that could relieve capacity needs279
on inpatient behavioral health beds, including examining the need for non-crisis280
resources, such as psychiatric respite beds and other resources and services to all for281
interventions before a crisis occurs. Such study may also include: (i) recommendations282
on the implementation or expansion of programs that provide continued care for youth283
with behavioral health needs and substance use or abuse issues for youth referred by core284
providers, schools, and the community outreach programs, which shall be based on285
collaboration with the Interagency's Director's Team, the Behavioral Health Coordinating286
Council, and the Multi-Agency Treatment for Children (MATCH) team; and (ii)287
evaluation of the need for establishing, or contracting with, additional residential288
treatment facilities and crisis stabilization units for Georgians with acute autism spectrum289
disorder and methods of funding of any needed increase in treatment capacity. The study290
shall base any recommendations on outcomes, including, but not limited to, decreasing291
wait times for placement to services and streamlining care connections while keeping292
individuals in the community when that is the most appropriate setting for them;293
(2) Conduct a formal review of challenges with getting competency evaluation and294
restoration services in Georgia. Such formal review shall include identifying promising295
and best practices for reducing wait times for competency evaluations and document296
successful diversion 'off-ramps' to limit criminal justice involvement when appropriate.297
In conducting such review, the task force shall:298
(A) Identify current services and resources available for individuals in the criminal299
justice system who have been found incompetent to stand trial;300
(B) Analyze current trends of competency referrals by county and the impact of any301
diversion projects or stepping-up initiatives;302 23 LC 33 9464S
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(C) Analyze selected case reviews and other data to identify risk levels of those303
individuals, service usage, housing status, and health insurance status prior to being304
jailed;305
(D) Research how other states address this issue, including funding and structure of306
community competency restoration programs, and jail based programs; and307
(E) Develop recommendations to address the growing number of individuals deemed308
incompetent to stand trial, including increasing prevention and diversion efforts,309
providing a timely and efficient process for reducing the amount of time individuals310
remain in the criminal justice system, determining how to provide and fund competency311
restoration services in the community, and defining the role of the counties and state312
in providing competency restoration;313
(3) Review state forensic laws, regulations, and policies affecting the interaction of314
individuals with behavioral health issues between the criminal justice system and the315
behavioral health system; and316
(4) Conduct a study of means to increase available capacity of child and adolescent317
substance misuse intensive outpatient programs.318
(b) The task force shall complete such studies and submit its findings and319
recommendations from each to the commission, the Governor, the General Assembly, and320
the Office of Health Strategy and Coordination no later than December 1, 2023.321
37-1-115.3.322
(a) The commission shall convene a task force to examine issues relating to the impact of323
behavioral health on the state's homeless population. Task force members shall be324
appointed by the chairperson of the commission and shall be composed of relevant state325
and local officials, representatives of advocacy groups, experts, and other stakeholders.326
(b) The task force shall be directed to:327 23 LC 33 9464S
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(1) Identify all state and local government agencies, nonprofit organizations and others328
that are providing services and expending funds to help the homeless population and329
identify all funding sources;330
(2) Make recommendations on how to better coordinate such government agencies and331
nonprofit organizations, services, and money;332
(3) Make recommendations on creating a system for government agencies and nonprofit333
organizations to share data about individuals being served;334
(4) Study and make recommendations on ways to improve the transition from the335
Department of Corrections to the community as it relates to housing and wrap-around336
services to increase the likelihood that the person remains housed; and337
(5) Make overall recommendations on ways to decrease the number of individuals who338
have a behavioral health issue and are homeless.339
(c) The task force shall complete such duties and submit its findings and recommendations340
to the commission, the Governor, the General Assembly, and the Office of Health Strategy341
and Coordination no later than December 1, 2023."342
SECTION 7.343
Said title is further amended in Code Section 37-1-122, relating to funding opportunity344
announcement, requirements, assistance, and announcement of awards with respect to345
assisted outpatient treatment, by revising subsection (c) as follows:346
"(c) The funding opportunity announcement shall require each application to include, in347
addition to any other information the department may choose to require:348
(1) A detailed three-year program budget, including identification of the source or349
sources of the applicant's independent budget contribution;350
(2) A plan to identify and serve a population composed of persons meeting the following351
criteria, including the number of patients anticipated to participate in the program over352
the course of each year of grant support:353 23 LC 33 9464S
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(A) The person is 18 years of age or older;354
(B) The person is suffering from a mental health or substance use disorder which has355
been clinically documented by a health care provider licensed to practice in Georgia;356
(C) There has been a clinical determination by a physician or psychologist that the357
person is unlikely to survive safely in the community without supervision;358
(D) The person has a history of lack of compliance with treatment for his or her mental359
health or substance use disorder, in that at least one of the following is true:360
(i) The person's mental health or substance use disorder has, at least twice within the361
previous 36 months, been a substantial factor in necessitating hospitalization or the362
receipt of services in a forensic or other mental health unit of a correctional facility,363
not including any period during which such person was hospitalized or incarcerated364
immediately preceding the filing of the petition; or365
(ii) The person's mental health or substance use disorder has resulted in one or more366
acts of serious and violent behavior toward himself or herself or others or threatens367
or attempts to cause serious physical injury to himself or herself or others within the368
preceding 48 months, not including any period in which such person was hospitalized369
or incarcerated immediately preceding the filing of the petition;370
(E) The person has been offered an opportunity to participate in a treatment plan by the371
department, a state mental health facility, a community service board, or a private372
provider under contract with the department and such person continues to fail to engage373
in treatment;374
(F) The person's condition is substantially deteriorating;375
(G) Participation in the assisted outpatient treatment program would be the least376
restrictive placement necessary to ensure such person's recovery and stability;377
(H) In view of the person's treatment history and current behavior, such person is in378
need of assisted outpatient treatment in order to prevent a relapse or deterioration that379 23 LC 33 9464S
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would likely result in grave disability or serious harm to himself or herself or others;380
and381
(I) It is likely that the person may benefit from assisted outpatient treatment.382
(3)(2) For each element of assisted outpatient treatment, a statement of how the applicant383
proposes to incorporate such element into its own practice of assisted outpatient384
treatment;385
(4)(3) A commitment by the applicant that it shall honor the provisions of any legally386
enforceable psychiatric advance directive of any person receiving involuntary outpatient387
treatment;388
(5)(4) A description of the evidence based treatment services and case management389
model or models that the applicant proposes to utilize;390
(6)(5) A description of any dedicated staff positions the applicant proposes to establish;391
(7)(6) A letter of support from the sheriff of any county where the applicant proposes to392
provide assisted outpatient treatment;393
(8)(7) A flowchart representing the proposed assisted outpatient treatment process, from394
initial case referral to transition to voluntary care; and395
(9)(8) A description of the applicant's plans to establish a stakeholder workgroup,396
consisting of representatives of each of the agencies, entities, and communities deemed397
essential to the functioning of the assisted outpatient treatment program, for purposes of398
internal oversight and program improvement."399
SECTION 8.400
Said title is further amended in Code Section 37-2-4, relating to the Behavioral Health401
Coordinating Council, membership, meetings, and obligations, by revising subsection (c) and402
adding a new subsection as follows:403
"(c) Meetings of the council shall be held quarterly, or more frequently, on the call of the404
chairperson. Meetings of the council shall be held with no less than five days' public notice405 23 LC 33 9464S
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for regular meetings and with such notice as the bylaws may prescribe for special meetings.
406
Each member shall be given written or electronic notice of all meetings. All meetings of407
the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or408
transcripts shall be kept of all meetings of the council and shall include a record of the409
votes of each member, specifying the yea or nay vote or absence of each member, on all410
questions and matters coming before the council, and minutes or transcripts of each411
meeting shall be posted on the state agency website of each council member designee. No412
member may abstain from a vote other than for reasons constituting disqualification to the413
satisfaction of a majority of a quorum of the council on a recorded vote. Except as
414
provided in subsection (c.1) of this Code section, no No member of the council shall be415
represented by a delegate or agent. Any member who misses three duly posted meetings416
of the council over the course of a calendar year shall be replaced by an appointee of the417
Governor unless the council chairperson officially excuses each such absence.418
(c.1) The commissioner of behavioral health and developmental disabilities, the419
commissioner of early care and learning, the commissioner of community health, the420
commissioner of public health, the commissioner of human services, the commissioner of421
juvenile justice, the commissioner of corrections, the commissioner of community422
supervision, the commissioner of community affairs, the commissioner of the Technical423
College System of Georgia, the Commissioner of Labor, and the State School424
Superintendent shall each be authorized to be represented by a delegate or agent at any425
meeting of the council or subcommittee meeting. Any such delegate or agent shall be426
counted toward a quorum, shall have all voting privileges as the member's delegate or427
agent, and shall not be considered an absence of the member."428
SECTION 9.429
Said title is further amended by repealing and reserving Code Section 37-2-7, relating to430
formulation and publication of state plan for disability services.431 23 LC 33 9464S
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SECTION 10.
432
Said title is further amended in Code Section 37-3-41, relating to emergency admission based433
on physician's certification or court order, report by apprehending officer, entry of treatment434
order into patient's clinical record, and authority of other personnel to act under statute, by435
revising subsections (b) and (c) as follows:436
"(b) The appropriate court of the county in which a person may be found may issue an437
order commanding any peace officer to take such person into custody and deliver him or438
her forthwith for examination, either to the nearest available emergency receiving facility439
serving the county in which the patient is found, where such person shall be received for440
examination, or to a physician who has agreed to examine such patient and who will441
provide, where appropriate, a certificate pursuant to subsection (a) of this Code section to442
permit delivery of such patient to an emergency receiving facility pursuant to subsection (a)443
of this Code section. Such order may only be issued if based either upon an unexpired444
physician's certificate, as provided in subsection (a) of this Code section, or upon the445
affidavits of at least two persons who attest that, within the preceding 48 hours, they have446
seen the person to be taken into custody and that, based upon observations contained in447
their affidavit, they have reason to believe such person is a mentally ill person requiring448
involuntary treatment. Such physician's certificate or affidavits shall be affixed to the court
449
order; provided, however, that information personally identifying the affiants shall be450
redacted and concealed. The court order shall expire seven days after it is executed.451
(c) Any peace officer taking into custody and delivering for examination a person, as452
authorized by subsection (a) or (b) of this Code section, shall execute a written report453
detailing the circumstances under which such person was taken into custody. Such peace454
officer shall provide to the emergency receiving facility the report and either the The report455
and either the physician's certificate or court order authorizing such taking into custody,456
including such information which is required to be affixed pursuant to subsection (b) of this457 23 LC 33 9464S
H. B. 520 (SUB)
- 19 -
Code section, or the physician's certificate, if there is no court order. Such documents shall458
be made a part of the patient's clinical record."459
SECTION 11.460
Said title is further amended in Code Section 37-7-41, relating to emergency involuntary461
treatment, who may certify need, delivery for examination, and report of delivery required,462
by revising subsections (b) and (c) as follows:463
"(b) The appropriate court of the county in which a person may be found may issue an464
order commanding any peace officer to take such person into custody and deliver him465
forthwith for examination, either to the nearest available emergency receiving facility466
serving the county in which the patient is found, where such person shall be received for467
examination, or to a physician who has agreed to examine such patient and who will468
provide, where appropriate, a certificate pursuant to subsection (a) of this Code section to469
permit delivery of such patient to an emergency receiving facility pursuant to subsection (a)470
of this Code section. Such order may only be issued if based either upon an unexpired471
physician's certificate, as provided in subsection (a) of this Code section, or upon the472
affidavits of at least two persons who attest that, within the preceding 48 hours, they have473
seen the person to be taken into custody and that, based upon observations contained in474
their affidavit, they have reason to believe such person is an alcoholic, a drug dependent475
individual, or a drug abuser requiring involuntary treatment. Such physician's certificate476
or affidavits shall be affixed to the court order; provided, however, that information477
personally identifying the affiants shall be redacted and concealed. The court order shall478
expire seven days after it is executed.479
(c) Any peace officer taking into custody and delivering for examination a person, as480
authorized by subsection (a) or (b) of this Code section, shall execute a written report481
detailing the circumstances under which such person was taken into custody. Such peace482
officer shall provide to the emergency receiving facility the report and either the The report483 23 LC 33 9464S
H. B. 520 (SUB)
- 20 -
and either the physician's certificate or court order authorizing such custody, including such484
information which is required to be affixed to the court order pursuant to subsection (b) of485
this Code section, or the physician's certificate, if there is no court order. Such documents486
shall be made a part of the patient's record."487
SECTION 12.488
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,489
is amended by adding a new Code section to read as follows:490
"43-1-2.1.491
(a) The Office of Health Strategy and Coordination shall conduct a study of licensing492
requirements of professional licensing boards that license behavioral health care493
professionals in this state to identify any barriers to entry or licensure to ensure the state494
has sufficient workforce to address the needs of the state. The study shall include the495
following designated professional licensing boards under the purview of the professional496
licensing division, with respect to the health care providers who primarily provide497
treatment or diagnosis of mental health or substance use disorders that each board498
regulates:499
(1) Georgia Composite Board of Professional Counselors, Social Workers, and Marriage500
and Family Therapists;501
(2) State Board of Examiners of Psychologists; and502
(3) Georgia Board of Nursing.503
(b) The study shall identify ways to modernize licensing practices by: (1) reviewing and504
updating its systems and processes used by designated professional licensing boards to505
receive and review license applications and renewals; (2) creating a pathway for506
foreign-trained practitioners to gain licensure in Georgia, including licensure by507
endorsement or temporary licensure under supervision pending final licensure; and (3)508
reviewing and updating practicum and supervision requirements for licensure to more509 23 LC 33 9464S
H. B. 520 (SUB)
- 21 -
closely align with requirements in surrounding states. Such study shall include the review510
of licensure laws, regulations, and policies in this state to identify any barriers or511
impediments to licensure.512
(c) The office of the Secretary of State and its professional licensing division shall provide513
full cooperation with the Office of Health Strategy and Coordination in conducting its514
study, including providing all data and information relevant to the study as requested by515
the office.516
(d) The Office of Health Strategy and Coordination shall complete such study and submit517
its findings and recommendations to the Governor, the General Assembly, the Secretary518
of State, and the Behavioral Health Reform and Innovation Commission no later than519
December 1, 2023.520
(e) This Code section shall stand repealed in its entirety by operation of law on521
December 1, 2023."522
SECTION 13.523
Said title is further amended in Chapter 10A, relating to professional counselors, social524
workers, and marriage and family therapists, by revising Code Section 43-10A-10, relating525
to licensure without examination, as follows:526
"43-10A-10.527
(a) The board may issue a license without examination to any applicant licensed in a528
specialty under the laws of another jurisdiction having requirements for licensure in that529
specialty which are substantially equal to the licensure requirements for that specialty in530
this state.531
(b) The board shall be authorized to waive all or a portion of the experience requirements532
for any applicant licensed under the laws of another jurisdiction who has maintained full533
licensure in good standing in such jurisdiction for a minimum of two years."534 23 LC 33 9464S
H. B. 520 (SUB)
- 22 -
SECTION 14.
535
Said title is further amended in Chapter 10A, relating to professional counselors, social536
workers, and marriage and family therapists, by adding a new Code section to read as537
follows:538
"43-10A-24.
539
(a) As used in this Code section, the term:540
(1) 'Entity' means an organization or medical professional association which conducts541
professional health programs.542
(2) 'Health care professional' means any individual licensed, certified, or permitted by543
the board under this chapter.544
(3) 'Impaired' means the inability of a health care professional to practice with reasonable545
skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,546
chemicals, or any other type of material, or as a result of any mental or physical547
condition.548
(4) 'Professional health program' means a program established for the purposes of549
monitoring and rehabilitation of impaired health care professionals.550
(b) The board shall be authorized to conduct a professional health program to provide551
monitoring and rehabilitation of impaired health care professionals in this state. To this552
end, the board shall be authorized to enter into a contract with an entity for the purpose of553
establishing and conducting such professional health program, including, but not limited554
to:555
(1) Monitoring and rehabilitation of impaired health care professionals for the purpose556
of ensuring the fitness of each such health care professional to resume or continue557
practice of his or her health care profession while maintaining the safety of the public;558
(2) Performing duties related to paragraph (10) of subsection (a) of Code559
Section 43-10A-17; and560
(3) Performing such other related activities as determined by the board.561 23 LC 33 9464S
H. B. 520 (SUB)
- 23 -
(c) Notwithstanding the provisions of subsection (k) of Code Section 43-1-2 and Code562
Section 43-10A-17, the board shall be authorized to provide pertinent information563
regarding health care professionals, as determined by the board and in its sole discretion,564
to the entity for its purposes in conducting a professional health program pursuant to this565
Code section.566
(d) All information, interviews, reports, statements, memoranda, or other documents567
furnished to the entity by the board or other source or produced by the entity and any568
findings, conclusions, recommendations, or reports resulting from the monitoring or569
rehabilitation of health care professionals pursuant to this Code section are declared to be570
privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,571
relating to open records. All such records of the entity shall be confidential and shall be572
used by such entity and its employees and agents only in the exercise of the proper function573
of the entity pursuant to its contract with the board. Such information, interviews, reports,574
statements, memoranda, or other documents furnished to or produced by the entity and any575
findings, conclusions, recommendations, or reports resulting from the monitoring or576
rehabilitation of health care professionals shall not be available for court subpoenas or for577
discovery proceedings.578
(e) An impaired health care professional who participates in a professional health program579
conducted pursuant to this Code section shall bear all costs associated with such580
participation.581
(f) Any entity that contracts with the board pursuant to this Code section shall be immune582
from any liability, civil or criminal, that might otherwise be incurred or imposed, for the583
performance of any functions or duties under the contract if performed in accordance with584
the terms of such contract and the provisions of this Code section."585 23 LC 33 9464S
H. B. 520 (SUB)
- 24 -
SECTION 15.
586
Said title is further amended in Chapter 26, relating to nurses, by adding a new article to read587
as follows:588
"ARTICLE 5
589
43-26-70.590
(a) As used in this Code section, the term:591
(1) 'Board' means the Georgia Board of Nursing.592
(2) 'Entity' means an organization or medical professional association which conducts593
professional health programs.594
(3) 'Health care professional' means any individual licensed, certified, or permitted by595
the board under this chapter.596
(4) 'Impaired' means the inability of a health care professional to practice with reasonable597
skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,598
chemicals, or any other type of material, or as a result of any mental or physical599
condition.600
(5) 'Professional health program' means a program established for the purposes of601
monitoring and rehabilitation of impaired health care professionals.602
(b) The board shall be authorized to conduct a professional health program to provide603
monitoring and rehabilitation of impaired health care professionals in this state. To this604
end, the board shall be authorized to enter into a contract with an entity for the purpose of605
establishing and conducting such professional health program, including, but not limited606
to:607
(1) Monitoring and rehabilitation of impaired health care professionals for the purpose608
of ensuring the fitness of each such health care professional to resume or continue609
practice of his or her health care profession while maintaining the safety of the public;610 23 LC 33 9464S
H. B. 520 (SUB)
- 25 -
(2) Performing duties related to paragraph (2) of Code Section 43-26-11; and611
(3) Performing such other related activities as determined by the board.612
(c) Notwithstanding the provisions of subsection (k) of Code Section 43-1-2 and Code613
Section 43-26-11, the board shall be authorized to provide pertinent information regarding614
health care professionals, as determined by the board and in its sole discretion, to the entity615
for its purposes in conducting a professional health program pursuant to this Code section.616
(d) All information, interviews, reports, statements, memoranda, or other documents617
furnished to the entity by the board or other source or produced by the entity and any618
findings, conclusions, recommendations, or reports resulting from the monitoring or619
rehabilitation of health care professionals pursuant to this Code section are declared to be620
privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,621
relating to open records. All such records of the entity shall be confidential and shall be622
used by such entity and its employees and agents only in the exercise of the proper function623
of the entity pursuant to its contract with the board. Such information, interviews, reports,624
statements, memoranda, or other documents furnished to or produced by the entity and any625
findings, conclusions, recommendations, or reports resulting from the monitoring or626
rehabilitation of health care professionals shall not be available for court subpoenas or for627
discovery proceedings.628
(e) An impaired health care professional who participates in a professional health program629
conducted pursuant to this Code section shall bear all costs associated with such630
participation.631
(f) Any entity that contracts with the board pursuant to this Code section shall be immune632
from any liability, civil or criminal, that might otherwise be incurred or imposed, for the633
performance of any functions or duties under the contract if performed in accordance with634
the terms of such contract and the provisions of this Code section."635 23 LC 33 9464S
H. B. 520 (SUB)
- 26 -
SECTION 16.
636
Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the637
Office of Planning and Budget, is amended by revising Part 3, relating to the Georgia Data638
Analytic Center, as follows:639
"Part 3640
45-12-150.641
As used in this part, the term:642
(1) 'Aggregated data' means information that has been combined into groups showing643
averages or other summary statistics and that is not individually identifiable information.644
(2) 'De-identified data' means information that does not identify an individual, for which645
there is no reasonable basis to believe that the information can be used to identify an646
individual, and that meets the requirements for de-identification of protected health647
information as defined under HIPAA.648
(2.1)(A) 'Executive state agency' means any agency, authority, board, bureau,
649
commission, department, division, office, or other unit of the executive branch of state650
government whether established by or pursuant to the Constitution of the State of651
Georgia, the Official Code of Georgia Annotated, any administrative rule or regulation,652
or any executive order.653
(B) Such term shall not include:654
(i) The legislative or judicial branches of state government;655
(ii) Any political subdivision;656
(iii) The Georgia State Financing and Investment Commission; or657
(iv) The Board of Regents of the University System of Georgia.658
(3) 'GDAC Project' means the Georgia Data Analytic Center established pursuant to this659
part.660 23 LC 33 9464S
H. B. 520 (SUB)
- 27 -
(3.1)(A) 'Government information' means any information created, received,661
maintained, or stored by, or otherwise in the control of, an executive state agency,662
regardless of the form or the media on which the information is recorded.663
(B) Such term shall not include:664
(i) Investigative records of law enforcement agencies;665
(ii) Confidential investigative records related to an ongoing investigation and any666
related information classified as confidential; or667
(iii) Confidential advisory opinions requested or given by the office of the inspector668
general.669
(4) 'Health data' means information that is created or received by a state agency or670
department an executive state agency that relates to the past, present, or future physical671
or mental health or condition of an individual or the past, present, or future payment for672
the provision of health care services to an individual.673
(5) 'HIPAA' means the federal Health Insurance Portability and Accountability Act of674
1996, P.L. 104-191, and any regulations promulgated thereunder by the United States675
secretary of health and human services.676
(6) 'Individually identifiable information' means information that identifies an individual677
or for which there is a reasonable basis to believe that the information can be used to678
identify an individual.679
(7) 'IRB' means an institutional review board designated by the office and established680
pursuant to federal regulations (45 C.F.R. Section 46) with a nation-wide assurance for681
the protection of human subjects approved by the United States Department of Health and682
Human Services, Office for Human Research Protections, to review and monitor research683
involving human subjects to ensure that such subjects are protected from harm and that684
the rights of such subjects are adequately protected.685
(8) 'Office' means the Office of Planning and Budget.686 23 LC 33 9464S
H. B. 520 (SUB)
- 28 -
(9) 'Protected health information' has the same meaning as provided for under HIPAA
687
in effect as of July 1, 2019.688
(10) 'Research' means a systematic investigation, including research development,689
testing, and evaluation, which is designed to develop or contribute to generalizable690
knowledge as defined pursuant to 45 C.F.R. Section 46.102(d).691
(11) 'Researcher' means a public or private entity that conducts research under the review692
and monitoring of an IRB and has received approval from the data steward for the693
purpose of requested data elements.694
45-12-150.1.
695
(a) The office shall hire a GDAC director to serve as the executive head of the GDAC.696
(b) The GDAC director shall have the authority to review data sharing disputes between697
executive state agencies where a data request made by one agency to another is denied698
following a department or agency's finding that transmission or access would violate state699
or federal law. At the request of an agency, the GDAC director shall perform a review of700
a data request and issue a final determination as to whether such transmission or access to701
data from one agency to another would violate state or federal law. In the event that the702
GDAC director's final determination concludes that such transmission or access to data703
does not violate state or federal law, the final determination shall have the effect of704
overturning the agency's finding and compelling it to cooperate with the data transfer as705
requested by the requesting agency. The GDAC director's review shall include706
consideration of an analysis from the state agency or department whose data are being707
requested. If a state agency is aggrieved by a final determination by the GDAC director708
pursuant to this subsection, such agency shall be authorized to appeal such determination709
to the Governor's Executive Counsel for resolution. The GDAC director and the710
Governor's Executive Counsel, at their sole discretion, shall each be authorized to consult711
with the Attorney General on any disputes between executive state agencies.712 23 LC 33 9464S
H. B. 520 (SUB)
- 29 -
(c) The GDAC director shall form a data advisory group to assist in carrying out its713
responsibilities under this Code section. The data advisory group shall be composed of the714
following individuals:715
(1) The GDAC director;716
(2) The executive director of the Georgia Technology Authority; and717
(3) At least two representatives of entities that, in their regular course of business, use718
the type of data that will be made available by the GDAC for public consumption.719
45-12-151.720
(a) No later than September 1, 2019, the office shall establish an operational Georgia Data721
Analytic Center capable of securely receiving, maintaining, and transmitting data in722
accordance with this part and with the HIPAA and 42 C.F.R. Part 2 privacy and security723
standards applicable to this part. The office may employ staff to assist with carrying out724
the functions associated with the establishment and maintenance of the GDAC Project.725
(b) The office shall ensure the procurement of hardware, software, and a data base system726
capable of performing analytics at scale and capable of evaluating all data to the extent727
required to carry out the purposes of the GDAC Project pursuant to this part. Further, the728
office shall procure sufficient management services to develop and maintain the system.729
(c) Notwithstanding any provision of this part to the contrary, the GDAC Project shall730
serve as the designated central data repository for the state from which data can be released731
to requesting agencies. The GDAC shall seek to receive and maintain individually732
identifiable data but transmit de-identified data wherever possible and shall only receive,733
maintain, and transmit individually identifiable information if permitted by this Code734
section and other applicable law and if the information is in a form and format that are735
secured to prevent disclosure of individually identifiable information. If the GDAC is736
facilitating with the transfer of data from one state agency to another through its central737
data repository or other method, the GDAC may receive, maintain, and transmit738 23 LC 33 9464S
H. B. 520 (SUB)
- 30 -
individually identifiable information as permitted by this Code section and other applicable739
law if the information is in a form and format that are secured to prevent disclosure of740
individually identifiable information agreed to by the releasing and requesting agencies.741
(d) Through the office, the GDAC is vested with the authority to carry out the following742
responsibilities:743
(1) Advise executive state agencies regarding state best practices concerning the creation744
and maintenance of data;745
(2) Coordinate data analytics and transparency master planning for executive state746
agencies and provide leadership regarding state data analytics and transparency;747
(3) Facilitate the sharing and use of executive state agency data between executive state748
agencies, and with the public;749
(4) Establish policies and mechanisms that remove legal or technical reasons to decline750
data sharing requests;751
(5) Establish required timetables for the exchange of data between and among state752
agencies and departments;753
(6) Establish an enterprise data and information strategy, including development of a754
state-wide enterprise memorandum of understanding and data sharing agreement template755
or templates for use by executive state agencies;756
(7) Create and maintain a state data plan to enhance standardization and integration of757
data systems and data management practices across all executive state agencies;758
(8) Create an enterprise data inventory that accounts for all datasets used within agency759
information systems and that indicates whether each data set may be made publicly760
available and if the data set is currently available to the public;761
(9) Identify ways to use and share existing data for business intelligence and predictive762
analytic opportunities; and763
(10) Identify strategies to combine internal and external data sources.764 23 LC 33 9464S
H. B. 520 (SUB)
- 31 -
45-12-152.
765
Oversight of the operation of the GDAC Project
established pursuant to this part shall be766
vested in the office. The GDAC Project shall receive, maintain, and transmit data only as767
permitted by this part and as approved by the office and the executive state agency or768
department whose data are requested. The office's responsibilities with respect to this part769
shall include:770
(1) Identification of data that have been created, received, or maintained by executive771
state agencies or departments that may be appropriate for receipt, maintenance, and772
transmission by the GDAC Project in furtherance of the purposes of this part;773
(2) Prior to the receipt of data by the GDAC Project, review and approval of the774
appropriateness of such receipt, including consideration of the following factors:775
(A) Whether the transmitting agency or department has authority to collect the data776
proposed to be received by the GDAC Project, particularly if the data include777
individually identifiable information;778
(B) Whether collection of the data proposed to be received by the GDAC Project is779
expected to further the purposes of this part, namely, the improvement of public health780
and the safety, security, and well-being of Georgia residents; and781
(C) Whether reasonable efforts have been made to ensure that the GDAC Project will782
receive only the appropriate data needed to accomplish the purposes of this part;783
(3) Prior to the receipt or transmission of data by the GDAC Project, review and784
approval of any necessary data use agreements or business associate agreements with any785
person or entity from which or to which information is received or transmitted in786
compliance with all applicable privacy and security standards, including, but not limited787
to, HIPAA and 42 C.F.R. Part 2, when such data include individually identifiable788
information that is protected health information;789
(4) Adopting and publishing policies and procedures for the efficient and transparent790
operation of the GDAC Project, including, but not limited to, the following:791 23 LC 33 9464S
H. B. 520 (SUB)
- 32 -
(A) Privacy and data security policies and procedures that comply with the applicable
792
federal and state privacy and security statutes and regulations, including HIPAA and
793
42 C.F.R. Part 2;794
(B) Data access policies and procedures that allow access by a public or private entity,795
including a researcher, only when such access request meets the standards set forth in796
the data access policies and procedures and has been approved by the office and the797
appropriate executive state agency or department. When data access is requested by798
any public or private entity, including a researcher, for the purpose of conducting799
research, the office shall only approve access to data after review and approval by an800
IRB, and such access shall be limited to data identified in approved IRB research801
protocols and only for the period of the approval. In no event shall the office approve802
access to health data that identifies, or that may be used to identify, rates of payment803
by a private entity for the provision of health care services to an individual unless the804
entity seeking access agrees to keep such information confidential and to prevent public805
disclosure of such data or the rates of payment derived from such data;806
(C) Data retention policies requiring that data be returned to transmitting executive807
state agencies or departments or destroyed when it is no longer in the state's interest to808
promote analysis of such data and in accordance with applicable HIPAA regulations809
and 42 C.F.R. Part 2, data use agreements, and provisions of IRB approvals;810
(D) Policies to require researchers to consult with subject matter experts in the data sets811
being linked on a specific project. The purpose of such consultation shall be to help812
researchers understand and interpret the data being linked to a specific project; and813
(E) Policies that establish processes to engage researchers and academic institutions814
across Georgia to help set research priorities and promote the use of the GDAC Project815
to accelerate population health research in this state;816
(5) Communicating to all executive state agencies and departments that each executive817
state agency or department shall, upon request of the office, make available to the office818 23 LC 33 9464S
H. B. 520 (SUB)
- 33 -
through the GDAC Project all data housed within its respective office pursuant to policies819
established pursuant to this Code section;820
(6)(A) Establishing the process by which each executive state agency or department821
is required, in consultation with the office, to identify and submit to the office a822
minimum of two distinct policy concerns that may be studied in an integrated823
information environment in order to identify evidence based solutions to such policy824
concerns; and825
(B) Establishing procedures for ranking the submission and selection of such policy826
concerns considered by the office to be of greatest concern to the health, safety,827
security, and well-being of Georgia's citizens; and828
(7) Establishing a process to set research priorities that utilize the GDAC Project to829
provide effective and efficient policy management for the state.830
45-12-153.831
(a) Any executive state agency or department that creates, receives, or maintains publicly832
supported program, fiscal, or health data shall, only after execution of an enforceable data833
use, data sharing, or other similar agreement that is acceptable to the executive state agency834
or department, transmit or allow access to such data as is necessary and appropriate to835
further the purposes of this part and shall cooperate with GDAC Project requests for receipt836
of or access to such data. Notwithstanding the foregoing, any executive state agency or837
department shall not be required to transmit data which it creates, receives, or maintains838
to the GDAC Project or to allow access to such data if the Attorney General's review or the839
applicable executive state agency's or department's review determines that such840
transmission or access would violate state or federal law. The Attorney General's review841
shall include consideration of an analysis from the executive state agency or department842
whose data are being requested and shall include the reason, if any, that the requested data843
cannot be transmitted or allowed for access to the GDAC as an agent of the state agency844 23 LC 33 9464S
H. B. 520 (SUB)
- 34 -
or department as provided in subsection (c) of this Code section. In the event that the845
provisions of this part with respect to interagency data sharing conflict with any other846
provisions of the Code, this part shall take precedence.847
(b) This Code section shall not prohibit the office or any agency or department from848
creating, receiving, maintaining, or transmitting data in data systems that are separate and849
distinct from the GDAC Project.850
(c) The GDAC is considered to be an agent of all executive state agencies sharing851
government information and is an authorized receiver of government information under the852
statutory or administrative law that governs such government information.853
(d) Interagency and intra-agency data sharing under this part shall not constitute a854
disclosure or release under any statutory or administrative law that governs the government855
information. In no event shall government information accessed, received, or obtained by856
the GDAC, which is protected by any form of confidentiality or privilege, cause such857
information to be subject to disclosure, including, but not limited to, disclosure pursuant858
to Code Sections 50-18-70 and 50-18-72.859
45-12-154.860
(a) No later than July 1, 2020, upon the receipt of data by the GDAC Project pursuant to861
this part, and on an annual basis thereafter, the office shall publish a report that is made862
available and accessible to the General Assembly consisting of:863
(1) A description of the implementation of the GDAC Project, including identification864
of the sources and types of data received and maintained by the GDAC Project over the865
prior 12 months;866
(2) A list of all aggregated data maintained by the GDAC Project;867
(3) A description of each IRB approved disclosure of data or data sets by the GDAC868
Project;869
(4) A list of publications and other reports based on GDAC Project data;870 23 LC 33 9464S
H. B. 520 (SUB)
- 35 -
(5) A strategic plan for achieving the purposes of this part during the successive 12
871
month period; and872
(6) Any other information deemed appropriate by the office.873
(b) To further the objectives of the General Assembly and the GDAC's reporting to the
874
General Assembly, a presumption of data sharing between the executive state agencies is875
hereby established. Such presumption of data sharing shall override all state laws to the876
contrary but shall not interfere with any agency's ability to require data sharing agreements877
to ensure data protection and security and compliance with federal law and regulations.878
45-12-154.1.879
The administrator of the GDAC Project shall prepare an annual unified report regarding880
complaints filed for suspected violations of mental health parity laws. Such annual unified881
report shall comprise data received from the Department of Insurance pursuant to882
subsection (g) of Code Section 33-1-27 and data received from the Department of883
Community Health pursuant to subsection (g) of Code Section 33-21A-13. Such annual884
unified report shall be completed and made publicly available beginning April 1, 2024, and885
annually thereafter.886
45-12-155.887
The office may apply for and receive funding in relation to the GDAC Project from the888
following sources:889
(1) Grants from research or other private entities;890
(2) Fees paid by persons or entities requesting access to GDAC Project data or the891
performance of analyses by the GDAC Project, which fees have been approved by the892
office to support the cost of preparing data for access or performing analyses;893
(3) Federal grants;894 23 LC 33 9464S
H. B. 520 (SUB)
- 36 -
(4) Grants or other financial assistance from state or local departments, agencies,
895
authorities, and organizations at the discretion of such entities, for specific projects of896
interest to such entities; and897
(5) Appropriations made to the GDAC Project
pursuant to the General Appropriations898
Act or a supplementary appropriations Act."899
SECTION 17.900
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended901
in Article 7 of Chapter 4, relating to medical assistance generally, by adding a new Code902
section to read as follows:903
"49-4-152.7.904
(a)(1) On and after January 1, 2024, the department shall ensure that the Medicaid905
program includes:906
(A) Reimbursement for psychological diagnostic assessments and treatment under907
Current Procedural Terminology (CPT) Code 90791 and family therapy services under908
CPT Codes 90846 and 90847 under the Psychological and Therapy Services Medicaid909
provider manual, including for all practitioners indicated in such manual;910
(B) Reimbursement for services provided by licensed professional counselors, licensed911
marriage and family therapists, and certified peer support specialists in federally912
qualified health centers, as defined in 42 U.S.C. Section 1905(l)(2)(B);913
(C) Psychiatric hospitals as an eligible facility type for providing inpatient psychiatric914
facility services for persons under the age of 21 years enrolled in the fee-for-service915
delivery system of Medicaid;916
(D) Reevaluation and updating of Medicaid reimbursement rates for autism spectrum917
disorder diagnostic assessments and services, in collaboration with the Department of918
Public Health, the Department of Behavioral Health and Developmental Disabilities,919
the Georgia Chapter of the American Academy of Pediatrics, the Marcus Autism920 23 LC 33 9464S
H. B. 520 (SUB)
- 37 -
Center, the Anna Shaw Children's Institute, and other relevant medical organizations,921
to identify the full array of qualified provider types who can diagnose, treat, and922
support autism spectrum disorders and policy solutions for barriers to diagnosing and923
treating autism spectrum disorders, reflecting evidence-based medical standards for924
diagnosing;925
(E) Reimbursement for eligible justice involved youth ages 18 to 21 years; and926
(F) The provision of specialized therapeutic foster services for persons under the age927
of 21 years and, when appropriate, their caregivers and family of origin, to enable a928
recipient to manage and work toward resolution of emotional, behavioral, or psychiatric929
problems and to support reunification with his or her family of origin in a highly930
supportive, individualized, and flexible home setting.931
(2) No later than December 1, 2023, the department shall submit any necessary Medicaid932
state plan amendment or waiver request to the United States Department of Health and933
Human Services to implement the provisions of this Code section.934
(b) No later than December 1, 2023, the department shall undertake the necessary steps,935
including but not limited to, changing any rules, regulations, or policies necessary to secure936
approval from the United States Department of Health and Human Services under the937
Social Security Act to allow the usage of Medicaid or other federal funds received by the938
state to provide any of the following: housing supports; employment supports; nutrition939
supports; and case management, outreach, and education services to eligible recipients and940
their caregivers, if the recipient is under the age of 19 years."941
SECTION 18.942
Said title is further amended by repealing and reserving Code Section 49-5-224, relating to943
submission of an annual report by the commissioner of behavioral health and developmental944
disabilities and contents of the report.945 23 LC 33 9464S
H. B. 520 (SUB)
- 38 -
SECTION 19.
946
Said title is further amended by adding new Code sections to Chapter 10, relating to the947
Georgia Board of Health Care Workforce, to read as follows:948
"49-10-6.
949
(a) As used in this Code section, the term:950
(1) 'Licensed health care professional' means the following health care professionals951
licensed or certified by a state licensing board:952
(A) Physicians, acupuncturists, physician assistants, respiratory care professionals,953
clinical perfusionists, orthotists, prosthetists, cosmetic laser practitioners, and genetic954
counselors;955
(B) Pharmacists and pharmacy technicians;956
(C) Dentists and dental hygienists;957
(D) Chiropractors;958
(E) Optometrists;959
(F) Occupational therapists and occupational therapy assistants;960
(G) Physical therapists and physical therapist assistants;961
(H) Audiologists and speech-language pathologists;962
(I) Psychologists;963
(J) Licensed practical nurses, registered professional nurses, and advanced practice964
registered nurses, including certified nurse midwives, nurse practitioners, certified965
registered nurse anesthetists, and clinical nurse specialists in psychiatric/mental health;966
(K) Emergency medical technicians, paramedics, and cardiac technicians;967
(L) Podiatrists;968
(M) Dietitians; and969
(N) Professional counselors, social workers, and marriage and family therapists.970
(2) 'State licensing board' means:971
(A) Georgia Composite Medical Board;972 23 LC 33 9464S
H. B. 520 (SUB)
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(B) State Board of Pharmacy;973
(C) Georgia Board of Dentistry;974
(D) Georgia Board of Chiropractic Examiners;975
(E) State Board of Optometry;976
(F) State Board of Occupational Therapy;977
(G) State Board of Physical Therapy;978
(H) State Board of Examiners for Speech-Language Pathology and Audiology;979
(I) State Board of Examiners of Psychologists;980
(J) Georgia Board of Nursing;981
(K) Department of Public Health;982
(L) State Board of Podiatry Examiners;983
(M) Georgia Board of Examiners of Licensed Dietitians; and984
(N) Georgia Composite Board of Professional Counselors, Social Workers, and985
Marriage and Family Therapists.986
(b) In collaboration with state licensing boards, the board shall create and maintain the987
Georgia Health Care Professionals Data System for the purposes of collecting and988
disseminating nonidentifying descriptive data on licensed health care professionals in this989
state. The board shall compile existing information on licensed health care professionals990
into a single repository of information easily accessible to the public from the board's991
website. The data system shall provide information to the public regarding the992
demographics and geographical distribution of licensed health care professionals in this993
state. The data system shall contain no individually identifying information regarding any994
licensed health care professional.995
(c) State licensing boards shall provide the data contained in subsection (d) of this Code996
section upon request by the board or up to two times annually as required by the board.997
The board shall work with state licensing boards regarding the manner, form, and content998
for the reporting of such data. The board shall be authorized to enter into memoranda of999 23 LC 33 9464S
H. B. 520 (SUB)
- 40 -
agreement with individual state licensing boards for purposes of data transmission criteria1000
pursuant to this Code section.1001
(d) State licensing boards shall provide the following data to the board for its licensed1002
health care professionals who are in active practice:1003
(1) Age;1004
(2) Race;1005
(3) Gender;1006
(4) Ethnicity;1007
(5) Languages spoken;1008
(6) Location of practice; and1009
(7) License type.1010
(e) The board shall be authorized to seek federal or other sources of funding necessary to1011
support the creation and maintenance of the Georgia Health Care Professionals Data1012
System.1013
49-10-7.1014
(a) As used in this Code section, the term:1015
(1) 'Eligible applicant' means a person who:1016
(A) Is a legal resident of the State of Georgia as established by rules and regulations1017
of the board;1018
(B) Is a mental health or substance use professional licensed in this state; and1019
(C)(i) Provides services to underserved youth in this state; or1020
(ii) Practices in unserved geographic areas or communities in this state that are1021
disproportionately impacted by social determinants of health, as determined by the1022
board.1023
(2) 'Mental health or substance use professional' means a psychiatrist, psychologist,1024
professional counselor, social worker, marriage and family therapist, clinical nurse1025 23 LC 33 9464S
H. B. 520 (SUB)
- 41 -
specialist in psychiatric/mental health, or other licensed mental or behavioral health1026
clinician or specialist.1027
(3) 'Recipient' means an eligible applicant who applied for and was approved by the1028
board for student loan repayment under this Code section.1029
(4) 'Student loan' means debt incurred by an eligible applicant that is:1030
(A) Evidenced by a promissory note which required the funds received to be used to1031
pay for the cost of attendance for the undergraduate, graduate, or professional education1032
of the eligible applicant;1033
(B) Not in default at the time of application for repayment under this Code section; and1034
(C) Not subject to an existing service obligation or to repayment through another1035
student loan repayment or loan forgiveness program or as a condition of employment.1036
(b) The board shall have the authority to approve the applications of eligible applicants1037
submitted in accordance with rules and regulations established by the board governing the1038
student loan repayment application process.1039
(c) The board is authorized to provide for the repayment of student loans held by recipients1040
in consideration of the recipient performing services as a mental health or substance use1041
professional in accordance with subparagraph (a)(1)(C) of this Code section.1042
(d)(1) Each recipient before being granted any student loan repayment shall enter into1043
a student loan repayment agreement with the board agreeing to the terms and conditions1044
upon which the student loan repayment is granted, including such terms and conditions1045
set forth in this Code section.1046
(2) The board shall have the power to terminate a student loan repayment agreement at1047
any time for any cause deemed sufficient by the board, provided that such power shall not1048
be arbitrarily or unreasonably exercised.1049
(e) Each student loan repayment agreement entered into under the authority granted in this1050
Code section shall:1051 23 LC 33 9464S
H. B. 520 (SUB)
- 42 -
(1) Provide for repayment of the recipient's student loans in a total amount to be1052
determined by the board, but not exceeding the total student loan debt of the recipient,1053
to be paid out in installments made each 12 months over a term of not more than five1054
years. A student loan repayment made pursuant to this Code section shall be paid in such1055
manner as the board shall establish by rules and regulations;1056
(2) Provide that any payment made by the board under a student loan repayment1057
agreement shall be made in consideration of services rendered by the recipient1058
performing services as a mental health or substance use professional in accordance with1059
subparagraph (a)(1)(C) of this Code section;1060
(3) Provide that the board shall make a payment toward the recipient's student loans, in1061
an amount set forth in the agreement, for each 12 months the recipient performs services1062
as a mental health or substance use professional in accordance with1063
subparagraph (a)(1)(C) of this Code section; and1064
(4) Require that the recipient shall remain a legal resident of the state as established by1065
rules and regulations of the board; maintain licensure in this state as a mental health or1066
substance use professional; and perform services as a mental health or substance use1067
professional in accordance with subparagraph (a)(1)(C) of this Code section at all times1068
during the term of the agreement.1069
(f) The board shall adopt such rules and regulations as are reasonable and necessary to1070
implement the provisions of this Code section.1071
(g) Student loan repayment for recipients having entered into a student loan repayment1072
agreement with the board pursuant to this Code section shall be contingent upon the1073
appropriation of funds by the General Assembly for the purposes of this Code section in1074
annual appropriations Acts of the General Assembly."1075 23 LC 33 9464S
H. B. 520 (SUB)
- 43 -
SECTION 20.
1076
Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to1077
general provisions relative to the Department of Community Affairs, is amended by adding1078
a new Code section to read as follows:1079
"50-8-19.
1080
(a) The department shall undertake the following actions to address ways to increase1081
supportive housing development for the 'familiar faces' population:1082
(1) No later than December 1, 2023, issue guidance on the establishment of tenant1083
selection plans that do not create criminal record related barriers to housing unrelated to1084
fitness as a tenant. The department shall seek to leverage United States Department of1085
Housing and Urban Development (HUD) guidance and their funding and administrative1086
authority, including a review of its own regulations and policies to identify and reduce1087
barriers, to limit use of criminal history information only to circumstances directly1088
affecting suitability as a tenant, such as limiting 'look-back' periods for certain offenses1089
or focusing on violent or property crimes only;1090
(2) Assess feasibility of housing set-asides for the 'familiar faces' population and1091
inventory current programs, such as the HOME American Rescue Plan Program1092
(HOME-ARP), the Housing Choice Voucher program, and other key existing housing1093
and voucher programs, to determine what level of these resources could be set aside for1094
the 'familiar faces' population;1095
(3) Increase supportive housing development for the 'familiar faces' population, by1096
establishing incentives in the department's annual Qualified Allocation Plan (QAP) to1097
allocate resources to increase supportive housing supply, such as Low Income Housing1098
Tax Credits (LIHTC), to finance new housing supply for the 'familiar faces' population;1099
and1100
(4) Identify ways to seed a landlord incentive fund with federal funding to be matched1101
with private funds and allocated regionally in order to incentivize more landlords to rent1102 23 LC 33 9464S
H. B. 520 (SUB)
- 44 -
to the 'familiar faces' population, such as leasing incentive payments and risk mitigation1103
funds.1104
(b) The department shall submit an annual report to the Governor and the General1105
Assembly regarding the status and progress of the initiatives contained in this Code section.1106
(c) As used in this Code section, the term 'familiar faces' means individuals with serious1107
mental illness who have frequent contact with the criminal justice, homeless, and1108
behavioral health systems."1109
SECTION 21.1110
All laws and parts of laws in conflict with this Act are repealed.1111