25 LC 52 0595
House Bill 109
By: Representatives Barnes of the 86
th
, Oliver of the 84
th
, Au of the 50
th
, Hutchinson of the
106
th
, Park of the 107
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so
1
as to provide for a five-year pilot program for the purpose of creating emergency psychiatric2
assessment, treatment, and healing units or EmPATH units in hospitals; to provide for3
definitions; to provide for a short title; to provide for the administration of such program; to4
provide for rules and regulations; to provide for the certification of EmPATH units; to5
provide for an appropriations contingency; to provide for funding or gifts in-kind; to provide6
for exclusions; to provide for termination of such program and automatic repeal of the article;7
to provide for related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in11
Chapter 1, relating to the governing and regulation of mental health, by adding a new article12
to read as follows:13
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"ARTICLE 814
37-1-130.15
This article shall be known and may be cited as the 'EmPATH Georgia Act.'16
37-1-131.17
As used in this article, the term:18
(1) 'Behavioral health crisis' has the same meaning as in Code Section 37-12-1.19
(2) 'Behavioral health services' means services which are designed to prevent or20
ameliorate the effects of mental or emotional illness or addictive disease.21
(3) 'Emergency psychiatric assessment, treatment, and healing unit' or 'EmPATH unit'22
means a hospital based outpatient program that:23
(A) Operates for the purpose of providing behavioral health services for individuals24
experiencing a behavioral health crisis;25
(B) Provides brief, intensive crisis treatment that shall include an evaluation by a26
psychiatrist within 24 hours of an individual's admission;27
(C) Provides other appropriate treatment or services as necessary, including, but not28
limited to, observation, detoxification, and stabilization services, and medication29
prescribed by a physician;30
(D) Provides services 24 hours a day, seven days a week to individuals on a voluntary31
and involuntary basis in a community based setting as an alternative to emergency32
department admission, inpatient hospitalization, and other higher levels of care; and33
(E) Is certified by the department and complies with applicable standards.34
(4) 'Rural county' means a county having a population of less than 50,000 according to35
the United States decennial census of 2020 or any future such census.36
(5) 'Urban county' means a county having a population equal to or greater than 50,00037
according to the United States decennial census of 2020 or any future such census.38
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37-1-132.39
(a) The department, in coordination with the Department of Community Health, shall40
establish a pilot program to provide grants and funding for the creation, development, and41
operation of EmPATH units.42
(b) The department, in coordination with the Department of Community Health, shall43
promulgate rules and regulations for EmPATH units, which shall include, but not be44
limited to, minimum care, facility operational, and reporting requirements. Such rules and45
regulations shall endeavor to adhere to the most recently established, medically recognized46
EmPATH model.47
(c) The department, in coordination with the Department of Community Health, shall48
establish grant criteria and make award decisions; provided, however, that at least one49
EmPATH unit shall be established in a rural county and at least one EmPATH unit shall50
be established in an urban county. Grants shall not be used to fund existing programs.51
37-1-133.52
(a) An EmPATH unit shall be designated as an emergency receiving facility under Code53
Sections 37-3-40 and 37-7-40 and an evaluating facility under Code Sections 37-3-6054
and 37-7-60, but shall not be designated as a treatment facility under Code Section 37-3-8055
or 37-7-80.56
(b) The department shall be authorized to certify EmPATH units pursuant to this article.57
37-1-134.58
(a) Any program certified as a crisis stabilization unit pursuant to this article shall be59
exempt from the requirements to obtain a certificate of need pursuant to Article 3 of60
Chapter 6 of Title 31.61
(b) This Code section is not intended to and should not be construed to affect the services62
offered by a crisis stabilization unit as defined in Code Section 37-1-29.63
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37-1-135.64
(a) This article shall be subject to appropriation to the department from the General65
Assembly specifically for such pilot program. The department and the Department of66
Community Health may accept and solicit private funding, public grants, in-kind gifts, or67
any other funding or donations that may be available to facilitate the purpose of the grant68
program.69
(b) No later than December 31, 2029, the department shall submit a detailed written report70
on the implementation and effectiveness of such pilot program to the Governor, the71
Speaker of the House of Representatives, the President of the Senate, and the chairpersons72
of the House Committee on Health and the Senate Health and Human Services Committee. 73
Such report shall also include recommendations as to expansion of such pilot program state74
wide.75
(c) The pilot program created by this article shall terminate five years after such program's76
start date, and this article shall be repealed by operation of law on July 1 of the year77
following the conclusion of such pilot program."78
SECTION 2.79
Said title is further amended in Article 7 of Chapter 3, relating to adult residential mental80
health services licensing, by revising paragraph (1) of Code Section 37-3-202, relating to81
definitions, as follows:82
"(1) 'Adult residential mental health program' means a subacute residential alternative83
service of four or more residential beds authorized to provide psychiatric services for84
mentally ill persons 18 years of age or older that operates 24 hours per day, (7) seven85
days per week to provide intensive short-term noninstitutional treatment to individuals86
who are temporarily in need of a 24-hour-per-day supportive therapeutic setting for87
prevention of or transition from or after acute psychiatric hospitalization. Such term shall88
not include crisis stabilization units, as defined in Code Section 37-1-29; community89
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living arrangements, as defined by the Department of Behavioral Health and
90
Developmental Disabilities; EmPATH units as defined in Code Section 37-1-131;
mental91
health programs conducted by accountability courts; or residential beds operated by a92
state or local public entity."93
SECTION 3.94
All laws and parts of laws in conflict with this Act are repealed.95
H. B. 109
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