23 LC 33 9519
S. B. 331
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Senate Bill 331
By: Senators Robertson of the 29th, Kirkpatrick of the 32nd and Watson of the 1st
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug
1
abuse treatment and education programs, so as to provide for the certification of recovery2
residences; to provide for definitions; to authorize the Department of Community Health to3
contract with or designate a certifying organization; to prohibit the operation of a recovery4
residence without certification; to provide for applications; to provide for requirements; to5
provide for inspections; to provide specific information on certifications; to provide for6
background checks for certain personnel; to provide for renewals; to provide for a registry;7
to provide for categories of recovery residences; to provide for rights of residents; to provide8
for a training and technical assistance program; to provide for zoning requirements; to9
provide for outcome data; to provide for denials and appeals; to provide for a complaint10
process; to provide for confidentiality of records; to provide for rules and regulations; to11
provide for related matters; to repeal conflicting laws; and for other purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
SECTION 1.14
Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse15
treatment and education programs, is amended by adding a new article to read as follows:16 23 LC 33 9519
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"ARTICLE 417
26-5-100.18
As used in this article, the term:19
(1) 'Applicant' means any individual, organization, or entity that has applied for20
certification of a recovery residence.21
(2) 'Certified recovery residence' means a recovery residence that has completed the22
application process and been approved for certification by the department.23
(3) 'Certifying organization' means an organization under contract with or otherwise24
designated by the department and tasked with the responsibility of certifying recovery25
residences under this article.26
(4) 'Community residence' means a residential living arrangement for unrelated27
individuals with disabilities living as a single functional family in a single dwelling unit28
who are in need of the mutual support furnished by other residents of the community29
residence as well as support services, if any, provided by the staff, if any, of the30
community residence. A community residence seeks to emulate a biological family to31
foster normalization of its residents and integrate them into the surrounding community.32
Its primary purpose is to provide shelter and support in a family-like environment. Such33
term shall not include any other group living arrangement for unrelated individuals who34
are not disabled.35
(5) 'Co-occurring disorder' means the coexistence of both a mental health and a36
substance use disorder.37
(6) 'Department' means the Department of Community Health.38
(7) 'House manager' means an individual, either designated by the owner or operator of39
a certified recovery residence or elected by the residents of a certified recovery residence,40
who may or may not live on site and is or may be responsible for the day-to-day41
operation of the certified recovery residence, including, but not limited to, interviewing42 23 LC 33 9519
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potential residents, resident acceptance and welcoming procedures, resolution of resident43
disputes, maintenance of resident records, and ensuring resident adherence to the policies44
and procedures of the recovery residence. Such term shall not include self-run,45
self-supported recovery homes.46
(8) 'Licensed drug and alcohol treatment service provider' means any individual or entity47
that is licensed, registered, or certified within this state to treat substance use disorders48
or that has a Drug Addiction Treatment Act of 2000 waiver from the Substance Abuse49
and Mental Health Services Administration to treat individuals with opioid use disorder50
using medications approved for that indication by the federal Food and Drug51
Administration.52
(9) 'Operator' means the lawful owner or lessee of a recovery residence or an individual53
employed and designated by the owner or lessee of the recovery residence to have54
primary responsibility for oversight of the recovery residence, including, but not limited55
to, hiring and termination of recovery residence staff, recovery residence maintenance,56
and responding to complaints being investigated by the department. Such term is not57
applicable to a Level 1 recovery residence as described in Code Section 26-5-108.58
(10) 'Peer support worker' means an individual with the lived experience of recovery59
from a substance use disorder who provides nonclinical, strength-based support to others60
experiencing similar challenges.61
(11) 'Recovery' means a process of change through which individuals improve their62
health and wellness, live a self-directed life, and strive to reach their full potential.63
(12) 'Recovery residence' means a type of community residence that provides a safe,64
healthy, family-like, substance-free living environment that supports individuals in65
recovery from substance use disorders. Recovery residences:66
(A) Emulate a biological family;67
(B) Are centered on peer support and community integration;68 23 LC 33 9519
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(C) Benefit individuals in recovery by reinforcing the skills and choices that help69
support sustained recovery from substance use disorders, providing a supportive peer70
community to which residents are accountable, and ensuring access to mutual aid71
groups, recovery support services, and other needed services and supports; and72
(D) May be located in single-family homes, multifamily dwellings, and mixed-use73
structures.74
(13) 'Registry' means the list of certified recovery residences maintained by the75
department that have applied for certification and have been approved or denied by the76
department or for whom the department has revoked certification.77
(14) 'Resident' means an individual who resides in a recovery residence.78
(15) 'Staff' means employees, contractors, or volunteers who provide monitoring,79
assistance, or other services for the use and benefit of a recovery residence and its80
residents. Such term may include, but is not limited to, a house manager, peer support81
workers, and on-site counselors.82
(16) 'Substance-free' means being free from the use of alcohol, illicit drugs, and the illicit83
use of prescribed drugs. Such term shall not prohibit medications prescribed, dispensed,84
or administered by a licensed healthcare professional, such as pharmacotherapies85
specifically approved by the federal Food and Drug Administration for treatment of86
substance use disorder as well as other medications approved by the Food and Drug87
Administration for the treatment of co-occurring disorders, when such medications are88
taken as directed.89
(17) 'Substance use disorder' means a pattern of use of alcohol or other drugs leading to90
impairment that meets the applicable diagnostic criteria delineated in the American91
Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders92
(DSM-5) or the World Health Organization's International Classification of Diseases, in93
effect as of July 1, 2023, or as the department may further define such term by rule and94
regulation.95 23 LC 33 9519
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26-5-101.96
(a) The department shall be authorized to contract with or designate a certifying97
organization to perform one or more of the functions of the department pursuant to this98
article.99
(b) No individual or organization shall operate a recovery residence unless it has received100
certification from the department pursuant to this article. Applicants shall submit a101
completed application to the department that includes, at a minimum:102
(1) The name of the individual or organization making application for certification;103
(2) The proposed name, if any, of the recovery residence;104
(3) The address and telephone number of the recovery residence;105
(4) The applicant's address and telephone number, if different from the address and106
telephone number of the recovery residence;107
(5) The applicant's email address or, if an organization, the email address of the person108
responsible for the application;109
(6) The name and contact information of the applicant's parent organization, if110
applicable;111
(7) The maximum number of residents to be housed in the recovery residence;112
(8) The square footage of space per person per bedroom;113
(9) The name, address, and telephone number of the operator of the recovery residence,114
if different from the applicant;115
(10) The applicant's signature and date signed; and116
(11) Any other information required by the department by rules and regulations.117
(c) Applicants shall submit a nonrefundable application fee in an amount to be determined118
by the department by rule and regulation.119
(d) The department shall issue a certification upon approval of a recovery residence's120
application and inspection conducted pursuant to Code Section 26-5-103. Applications121
shall be approved or denied within 30 days of receiving all required documentation and122 23 LC 33 9519
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completing the required inspection. The certification shall automatically terminate two123
years after issuance, if not renewed or if an extension is not granted.124
26-5-102.125
The department shall:126
(1) Establish a voluntary certification process for recovery residences;127
(2) Establish an exception clause for 'squatters' rights' for certified recovery residences;128
(3) Mandate a minimum amount of annual continuing education training to maintain129
certification;130
(4) Require that the first year of certification is provisional and require 18 hours of131
continuing education in the first year of certification;132
(5) Require the certified recovery residence to post the certification where easily visible133
for the public to see;134
(6) Require the certified recovery residence to use a data-capturing electronic system to135
track outcomes and ensure evidence based data are provided; and136
(7) Require the certified recovery residence to use an electronic form of invoicing to bill137
clients and retain records of payments.138
26-5-103.139
(a) Upon receiving a completed application, the department shall conduct an on-site140
inspection of the recovery residence for the purpose of ensuring the residence is in141
compliance with the requirements of this article and meets the standards for certification.142
(b) The department shall inspect each certified recovery residence at least biennially to143
ensure continued compliance with the requirements of this article and may conduct144
additional inspections to confirm correction of any deficiencies or for the purpose of145
investigating a complaint.146 23 LC 33 9519
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(c) If the department identifies a deficiency in an application, the applicant shall have 30147
days from the date of the notification of the deficiency to correct the deficiency, unless an148
extension is granted by the department.149
(d) If the department identifies a deficiency following inspection of a recovery residence,150
during either the application process or any subsequent inspection, or as a result of a151
verified complaint from a resident or staff member, the department or its contractor shall152
require the applicant or operator, if different from the applicant, to submit a plan of153
correction to correct the deficiency within a specified time period. The plan of correction154
shall include the steps that will be taken by the recovery residence or its operator to correct155
the deficiency and the time frame within which such corrections will be made. The156
department shall establish the deadline for submission of the plan of correction based on157
each recovery residence's specific circumstances and the deficiencies which are required158
to be corrected.159
26-5-104.160
(a) A certification issued to an approved recovery residence applicant shall specify the161
following:162
(1) The name of the holder of the certification, which may be the individual applicant or163
the name of the parent organization;164
(2) The address to which the certification applies;165
(3) The maximum number of persons to reside in the recovery residence; and166
(4) The expiration date.167
(b) Certifications shall be publicly displayed in the recovery residence.168
(c) Certifications issued pursuant to this article shall not be transferred to an address other169
than the one specified on the certification.170 23 LC 33 9519
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26-5-105.171
(a) As used in this Code section, the term:172
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of173
whether an appeal of the conviction has been sought.174
(2) 'Crime' means:175
(A) Serious offenses related to healthcare fraud;176
(B) Patient brokering;177
(C) Criminal use of confidential personal information; and178
(D) Abuse, neglect, or exploitation of vulnerable persons.179
(3)(A) 'Criminal record' means any of the following:180
(i) Conviction of a crime;181
(ii) Arrest, charge, and sentencing for a crime where:182
(I) A plea of nolo contendere was entered to the charge;183
(II) First offender treatment without adjudication of guilt pursuant to the charge184
was granted; or185
(III) Adjudication or sentence was otherwise withheld or not entered on the charge;186
or187
(iii) Arrest and being charged for a crime if the charge is pending, unless the time for188
prosecuting such crime has expired pursuant to Chapter 3 of Title 17.189
(B) Such term shall not include an owner, operator, director, or chief financial officer190
for whom at least five years have elapsed from the date of any of the events described191
in subparagraph (A) of this paragraph.192
(4) 'GCIC' means the Georgia Crime Information Center established under Article 2 of193
Chapter 3 of Title 35.194
(5) 'GCIC information' means criminal history record information as defined in Code195
Section 35-3-30.196 23 LC 33 9519
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(6) 'Records check application' means fingerprints in such form and of such quality as197
prescribed by the Georgia Crime Information Center and under standards adopted by the198
Federal Bureau of Investigation and a records search fee to be established by the199
department by rule and regulation, payable in such form as the department may direct to200
cover the cost of obtaining criminal background information pursuant to this Code201
section.202
(b)(1) Prior to approving any certification for a recovery residence and periodically as203
established by the department by rules and regulations, the department shall require all204
owners, operators, directors, and chief financial officers to submit a records check205
application. The department shall establish a uniform method of obtaining such records206
check applications.207
(2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph,208
the department shall transmit to the GCIC the fingerprints and records search fee from209
each fingerprint records check application in accordance with Code Section 35-3-35.210
Upon receipt thereof, the GCIC shall promptly transmit the fingerprints to the Federal211
Bureau of Investigation for a search of bureau records and an appropriate report and212
shall promptly conduct a search of its records and records to which it has access.213
Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the214
GCIC shall notify the department in writing of any criminal record or if there is no such215
finding. After a search of Federal Bureau of Investigation records and fingerprints and216
upon receipt of the bureau's report, the department shall make a determination about the217
criminal record of an owner, operator, director, or chief financial officer and shall218
notify such owner, operator, director, or chief financial officer in writing as to the219
department's determination as to whether such owner, operator, director, or chief220
financial officer has or does not have a criminal record.221
(B) The department may either perform criminal background checks under agreement222
with the GCIC or contract with the GCIC and appropriate law enforcement agencies223 23 LC 33 9519
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which have access to the GCIC and the Federal Bureau of Investigation information to224
have those agencies perform for the department criminal background checks for225
owners, operators, directors, and chief financial officers. The department or the226
appropriate law enforcement agencies may charge reasonable fees for performing227
criminal background checks.228
(3) The department's determination regarding the criminal record of an owner, operator,229
director, or chief financial officer, or any action by the department revoking or refusing230
to grant a certificate based on such determination, shall constitute a contested case for231
purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except232
that any hearing required to be held pursuant thereto may be held reasonably233
expeditiously after such determination or action by the department.234
(4) Neither the GCIC, the department, any law enforcement agency, nor the employees235
of any such entities shall be responsible for the accuracy of information nor have any236
liability for defamation, invasion of privacy, negligence, or any other claim in connection237
with any dissemination of information or determination based thereon pursuant to this238
Code section.239
(c) All information received from the Federal Bureau of Investigation or the GCIC shall240
be for the exclusive purpose of approving or denying the granting of a certification to a241
recovery residence and shall not be released or otherwise disclosed to any other person or242
agency. All such information collected by the department shall be maintained by the243
department pursuant to laws regarding and the rules or regulations of the Federal Bureau244
of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or245
disclosure of any such information shall be as prescribed pursuant to laws regarding and246
rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable.247
(d) The requirements of this Code section are supplemental to any requirements for a248
certification application or other requirements imposed by this article.249 23 LC 33 9519
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(e) The department shall promulgate written rules and regulations reasonable and250
necessary to implement the provisions of this Code section.251
(f) If any owner, operator, director, or chief financial officer of a certified recovery252
residence is arrested for, found guilty of, or enters a plea of nolo contendere to, regardless253
of adjudication, any crime while acting in that capacity, the certified recovery residence254
shall take steps to remove such individual from that position and shall notify the255
department within three business days after such removal. The department shall revoke the256
certification of any recovery residence that fails to comply with this subsection.257
26-5-106.258
At least 60 days prior to the expiration of certification, a certified recovery residence shall259
submit a renewal application and any required fee to the department in a format required260
by the department. Upon inspection and determination by the department that the recovery261
residence continues to meet the requirements of this article, the department shall reissue262
a certification for a period of two years.263
26-5-107.264
(a) The department shall allow applicants to submit initial and renewal applications265
through an online portal that includes the ability to upload supporting documentation and266
electronically pay any required fees.267
(b) The department shall publish and maintain a registry on the department's website of268
all certified recovery residences which shall be accessible to governmental entities,269
licensed drug and alcohol treatment service providers, and the public. Such registry shall270
be updated at least monthly.271
26-5-108.272
Certified recovery residences shall be categorized as follows:273 23 LC 33 9519
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(1) Level 1 – A Level 1 peer-run recovery residence provides no on-site paid staff or274
operator of the recovery residence. Level 1 recovery residences are self-governed and275
democratically run. No on-site services are provided at a Level 1 recovery residence, and276
there are no paid staff within the residence.277
(2) Level 2 – A Level 2 recovery residence provides an on-site house manager or278
managers who are often compensated by free or reduced recovery residence fees.279
Residents participate in the governance of the residence in concert with the recovery280
residence staff and operator. Level 2 recovery residences provide community or house281
meetings, peer recovery supports, and involvement in self-help or off-site treatment282
services.283
(3) Level 3 – A Level 3 recovery residence provides a paid house manager,284
administrative support, and a certified peer recovery support service provider. Resident285
participation in recovery residence governance varies, with most limited to senior resident286
participation. Level 3 recovery residences provide community or house meetings, peer287
recovery supports, mutual support groups and clinical services in the community, peer288
or professional life skills training on site, and peer recovery support services. They may289
also provide other programmatic services, delivered by either peer or paid staff, but do290
not offer clinical services on site.291
(4) Level 4 – A Level 4 recovery residence is much more structured than other levels of292
support. Resident stays in a Level 4 recovery residence are typically briefer than in other293
recovery residences, and residents may transfer from a Level 4 recovery residence to a294
Level 1, 2, or 3 recovery residence. Level 4 recovery residences provide on-site clinical295
services delivered by paid and licensed or otherwise credentialed staff, administrative296
support, mutual support group meetings, life skills training, and peer recovery support297
services.298 23 LC 33 9519
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26-5-109.299
(a) Notwithstanding any other provision of law or any rights or obligations under state law300
to the contrary, a certified recovery residence may terminate a resident's tenancy in the301
recovery residence in accordance with the recovery residence's approved termination or302
relapse policy and the signed resident agreement. In the case of a resident who is303
terminated from a Level 3 or Level 4 recovery residence, the recovery residence should304
make a reasonable effort to link such individual to more appropriate support or care, to the305
extent such support or care is available, and subject to the willingness of the terminated306
resident to accept such support or care.307
(b)(1) A resident whose tenancy is terminated pursuant to subsection (a) of this Code308
section, or who has voluntarily left the recovery residence permanently, shall have 30309
days from the date of termination or the date of voluntary departure to make a written310
request to the certified recovery residence for the return of any personal property left in311
such residence by the tenant on his or her departure.312
(2) Upon receipt of a request as specified in paragraph (1) of this subsection, the certified313
recovery residence shall return any personal property belonging to the resident within 60314
days from the date of the request.315
(3) The recovery residence shall not be bound to indefinitely retain the personal property316
of a resident whose tenancy is terminated or who has voluntarily permanently left the317
residence, nor shall it be responsible for the relocation, storage, or safeguarding of such318
property. Certified recovery residences shall specify the length of time it will retain319
personal property beyond the 30 day period specified in paragraph (1) of this subsection320
in the documentation provided to prospective or new residents at the time of their321
application to the certified recovery residence, but such time period shall not be less than322
any amount of time required by law.323 23 LC 33 9519
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(4) If a resident appeals termination pursuant to subsection (c) of this Code section, the324
time periods provided for in paragraphs (1) through (3) of this subsection shall be stayed325
during the pendency of the appeal.326
(c) A resident whose tenancy has been terminated by a certified recovery residence can file327
a complaint with the department within 30 days of the termination to appeal such328
termination. The resident may not remain on the premises of the certified recovery329
residence during the pendency of the appeal.330
26-5-110.331
The department shall develop a training and technical assistance program for the benefit332
of certified recovery residences to:333
(1) Assist owners, operators, house managers, and other staff with:334
(A) Developing an understanding of the statutes and regulations applicable to recovery335
residences in this state;336
(B) Completing the application process for certification; and337
(C) Providing information regarding the day-to-day operation of certified recovery338
residences;339
(2) Assist newly certified recovery residences with any questions or issues that might340
arise;341
(3) Encourage consistency in standards among certified recovery residences;342
(4) Improve the quality and effectiveness of recovery residences and their ability to serve343
diverse communities; and344
(5) Promote a collaborative relationship between certified recovery residences and the345
department.346 23 LC 33 9519
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26-5-111.347
(a) Except as otherwise provided for in this article, and notwithstanding any other law or348
rule or regulation to the contrary, any state, county, or local zoning ordinance enacted in349
this state:350
(1) Shall treat a recovery residence as a residential use of property which shall have all351
rights and responsibilities accorded to a residential use property; and352
(2) Shall not subject the recovery residence to any restrictions, prohibitions, or other353
provisions, including provisions related to building or fire codes, that are not also354
applicable to residential uses in similar types of structures, whether single-family355
detached, single-family attached, or multifamily structures, in the same zoning district if356
occupied by a single family.357
(b) When the number of tenants in a recovery residence does not exceed the number of358
unrelated people allowed by a jurisdiction's zoning laws, the recovery residence shall be359
allowed to locate within such jurisdiction.360
26-5-112.361
(a) Certified recovery residences shall collect outcome data regarding their residents in the362
following areas in order to assess the effectiveness of the level of care provided by the363
recovery residence:364
(1) Abstinence from substance use;365
(2) Change in employment or education status;366
(3) Change in earnings;367
(4) Housing stability;368
(5) Admissions and readmissions to treatment;369
(6) Criminal justice involvement;370
(7) Child welfare involvement;371
(8) Civic engagement;372 23 LC 33 9519
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(9) Access to needed physical health services, behavioral health services, and social373
services;374
(10) Access to private or public health insurance;375
(11) Length of stay in the recovery residence; and376
(12) Number of terminations due to relapse.377
(b) Certified recovery residences shall report outcome data to the department on a378
quarterly basis in such form and in such manner as the department may provide by rule and379
regulation. All such data submitted shall be de-identified to remove any personally380
identifiable information.381
(c) The department, in collaboration with the Department of Behavioral Health and382
Developmental Disabilities, may conduct an environmental scan and needs assessment383
study to determine the recovery housing needs of this state and the location and adequacy384
of available recovery residences to meet that need. Such study may assess the adequacy385
of recovery housing in each of the following areas:386
(1) Adequacy relative to population in all areas of the state;387
(2) Adequacy of low-cost or subsidized recovery residences; and388
(3) Adequacy for underserved and difficult-to-serve populations, including parents with389
children; pregnant women; re-entry populations; persons living with HIV; ethnic, racial,390
and other minorities; and physically disabled persons.391
(d) The department shall analyze data collected pursuant to this Code section and shall392
issue an annual report to the Governor and the General Assembly assessing the393
effectiveness of certified recovery residences within this state. The department shall make394
such annual report available on its website for use by the public.395
26-5-113.396
(a) The department may deny any certification applied for under this article that does not397
fulfill the minimum requirements which the department shall prescribe by rules and398 23 LC 33 9519
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regulations and may suspend or revoke a certification which has been issued if an applicant399
or a certified recovery residence violates any of such rules and regulations; provided,400
however, that, before any order is entered denying a certification applied for or suspending401
or revoking a certification previously granted, the applicant or certified recovery residence,402
as the case may be, shall be afforded an opportunity for a hearing as provided for in403
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'404
(b) Notice of a proposed suspension or revocation of a certification shall be provided in405
writing by the department to any certified recovery residence so affected within 90 days406
after the open enrollment period has closed or the grounds are discovered. Within ten days407
from receipt of such notice, the certified recovery residence so affected may request a408
hearing before the department. Upon receipt of such request for hearing in proper form,409
the department shall schedule a hearing within a reasonable time, but not later than 90 days410
after receiving such request.411
(c) Denial, suspension, or revocation of a recovery residence's certification should be a412
'last resort' measure with regard to violations that do not impact the health, welfare, or413
safety of residents, staff, or others on the premises of a recovery residence.414
26-5-114.415
(a) The department shall establish a toll-free telephone number or an online complaint416
form, or both, to receive complaints from residents, staff, and the general public regarding417
certified recovery residences.418
(b) The department shall receive and review complaints that:419
(1) Are based on the complainant's first-hand knowledge regarding the allegations;420
(2) Concern the health of residents and safety of the certified recovery residence;421
(3) Concern management of the recovery residence, including, but not limited to, house422
environment, financial procedures, staffing, house rules, improper handling of resident423
terminations, and recovery support environment; or424 23 LC 33 9519
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(4) Concern illegal activities or threats.425
(c)(1) Complaints received by the department pursuant to this Code section regarding426
illegal activities or threats shall be immediately referred to law enforcement in the427
jurisdiction where the certified recovery residence is located.428
(2) The department shall investigate complaints relating to paragraphs (1) through (3)429
of subsection (b) of this Code section which are received via the toll-free telephone430
number or online complaint form, or via referral from a certifying organization, and may431
take any action necessary to conduct such investigation, including, but not limited to,432
interviewing the operator, house manager, staff, and residents of the certified recovery433
residence and conducting an inspection of the premises.434
(d) If, upon completion of the investigation, the department determines that the complaint435
is well-founded, the department shall notify the operator of the actions required to bring436
the certified recovery residence into compliance with this article.437
(e) A certified recovery residence that has been notified by the department pursuant to438
subsection (d) of this Code section of actions required to bring the certified recovery439
residence into compliance with this article shall file a plan of correction with the440
department within the time required by the department based on the nature of the441
complaint. The plan shall outline all steps the certified recovery residence will take to442
correct any deficiencies identified and shall include the time period within which such443
deficiencies will be corrected.444
(f) The outcome of any complaint investigation shall be subject to review in accordance445
with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'.446
(g) When making a complaint pursuant to this Code section, an individual shall be447
required to disclose his or her identity to the department; provided, however, that, during448
any investigation of the complaint, the department, to the extent practicable, shall not449
disclose the identity of the complainant.450 23 LC 33 9519
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26-5-115.451
(a) Records of residents maintained by certified recovery residences are confidential and452
shall not be released without the signed consent of the individual who is the subject of the453
record. Such records may be subject to the Health Insurance Portability and Accountability454
Act of 1996, 42 U.S.C. Section 290dd-2, 42 C.F.R. Part 2, and applicable state statutes and455
regulations regarding the confidentiality of such records.456
(b) The department shall not maintain any personally identifiable information regarding457
any resident of a certified recovery residence in connection with its role under this article.458
26-5-116.459
The promulgation of reasonable and necessary rules and regulations, the conduct of460
administrative hearings, and judicial review of the department's actions shall be subject to461
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"462
SECTION 2.463
All laws and parts of laws in conflict with this Act are repealed.464