Georgia 2025-2026 Regular Session

Georgia House Bill HB109 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 52 0595
2	2	House Bill 109
3	3	By: Representatives Barnes of the 86
4	4	th
5	5	, Oliver of the 84
6	6	th
7	7	, Au of the 50
8	8	th
9	9	, Hutchinson of the
10	10	106
11	11	th
12	12	, Park of the 107
13	13	th
14	14	, and others
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so
18	18	1
19	19	as to provide for a five-year pilot program for the purpose of creating emergency psychiatric2
20	20	assessment, treatment, and healing units or EmPATH units in hospitals; to provide for3
21	21	definitions; to provide for a short title; to provide for the administration of such program; to4
22	22	provide for rules and regulations; to provide for the certification of EmPATH units; to5
23	23	provide for an appropriations contingency; to provide for funding or gifts in-kind; to provide6
24	24	for exclusions; to provide for termination of such program and automatic repeal of the article;7
25	25	to provide for related matters; to repeal conflicting laws; and for other purposes.8
26	26	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
27	27	SECTION 1.10
28	28	Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in11
29	29	Chapter 1, relating to the governing and regulation of mental health, by adding a new article12
30	30	to read as follows:13
31	31	H. B. 109
32	32	- 1 - 25 LC 52 0595
33	33	"ARTICLE 814
34	34	37-1-130.15
35	35	This article shall be known and may be cited as the 'EmPATH Georgia Act.'16
36	36	37-1-131.17
37	37	As used in this article, the term:18
38	38	(1) 'Behavioral health crisis' has the same meaning as in Code Section 37-12-1.19
39	39	(2) 'Behavioral health services' means services which are designed to prevent or20
40	40	ameliorate the effects of mental or emotional illness or addictive disease.21
41	41	(3) 'Emergency psychiatric assessment, treatment, and healing unit' or 'EmPATH unit'22
42	42	means a hospital based outpatient program that:23
43	43	(A) Operates for the purpose of providing behavioral health services for individuals24
44	44	experiencing a behavioral health crisis;25
45	45	(B) Provides brief, intensive crisis treatment that shall include an evaluation by a26
46	46	psychiatrist within 24 hours of an individual's admission;27
47	47	(C) Provides other appropriate treatment or services as necessary, including, but not28
48	48	limited to, observation, detoxification, and stabilization services, and medication29
49	49	prescribed by a physician;30
50	50	(D) Provides services 24 hours a day, seven days a week to individuals on a voluntary31
51	51	and involuntary basis in a community based setting as an alternative to emergency32
52	52	department admission, inpatient hospitalization, and other higher levels of care; and33
53	53	(E) Is certified by the department and complies with applicable standards.34
54	54	(4) 'Rural county' means a county having a population of less than 50,000 according to35
55	55	the United States decennial census of 2020 or any future such census.36
56	56	(5) 'Urban county' means a county having a population equal to or greater than 50,00037
57	57	according to the United States decennial census of 2020 or any future such census.38
58	58	H. B. 109
59	59	- 2 - 25 LC 52 0595
60	60	37-1-132.39
61	61	(a) The department, in coordination with the Department of Community Health, shall40
62	62	establish a pilot program to provide grants and funding for the creation, development, and41
63	63	operation of EmPATH units.42
64	64	(b) The department, in coordination with the Department of Community Health, shall43
65	65	promulgate rules and regulations for EmPATH units, which shall include, but not be44
66	66	limited to, minimum care, facility operational, and reporting requirements. Such rules and45
67	67	regulations shall endeavor to adhere to the most recently established, medically recognized46
68	68	EmPATH model.47
69	69	(c) The department, in coordination with the Department of Community Health, shall48
70	70	establish grant criteria and make award decisions; provided, however, that at least one49
71	71	EmPATH unit shall be established in a rural county and at least one EmPATH unit shall50
72	72	be established in an urban county. Grants shall not be used to fund existing programs.51
73	73	37-1-133.52
74	74	(a) An EmPATH unit shall be designated as an emergency receiving facility under Code53
75	75	Sections 37-3-40 and 37-7-40 and an evaluating facility under Code Sections 37-3-6054
76	76	and 37-7-60, but shall not be designated as a treatment facility under Code Section 37-3-8055
77	77	or 37-7-80.56
78	78	(b) The department shall be authorized to certify EmPATH units pursuant to this article.57
79	79	37-1-134.58
80	80	(a) Any program certified as a crisis stabilization unit pursuant to this article shall be59
81	81	exempt from the requirements to obtain a certificate of need pursuant to Article 3 of60
82	82	Chapter 6 of Title 31.61
83	83	(b) This Code section is not intended to and should not be construed to affect the services62
84	84	offered by a crisis stabilization unit as defined in Code Section 37-1-29.63
85	85	H. B. 109
86	86	- 3 - 25 LC 52 0595
87	87	37-1-135.64
88	88	(a) This article shall be subject to appropriation to the department from the General65
89	89	Assembly specifically for such pilot program. The department and the Department of66
90	90	Community Health may accept and solicit private funding, public grants, in-kind gifts, or67
91	91	any other funding or donations that may be available to facilitate the purpose of the grant68
92	92	program.69
93	93	(b) No later than December 31, 2029, the department shall submit a detailed written report70
94	94	on the implementation and effectiveness of such pilot program to the Governor, the71
95	95	Speaker of the House of Representatives, the President of the Senate, and the chairpersons72
96	96	of the House Committee on Health and the Senate Health and Human Services Committee. 73
97	97	Such report shall also include recommendations as to expansion of such pilot program state74
98	98	wide.75
99	99	(c) The pilot program created by this article shall terminate five years after such program's76
100	100	start date, and this article shall be repealed by operation of law on July 1 of the year77
101	101	following the conclusion of such pilot program."78
102	102	SECTION 2.79
103	103	Said title is further amended in Article 7 of Chapter 3, relating to adult residential mental80
104	104	health services licensing, by revising paragraph (1) of Code Section 37-3-202, relating to81
105	105	definitions, as follows:82
106	106	"(1) 'Adult residential mental health program' means a subacute residential alternative83
107	107	service of four or more residential beds authorized to provide psychiatric services for84
108	108	mentally ill persons 18 years of age or older that operates 24 hours per day, (7) seven85
109	109	days per week to provide intensive short-term noninstitutional treatment to individuals86
110	110	who are temporarily in need of a 24-hour-per-day supportive therapeutic setting for87
111	111	prevention of or transition from or after acute psychiatric hospitalization. Such term shall88
112	112	not include crisis stabilization units, as defined in Code Section 37-1-29; community89
113	113	H. B. 109
114	114	- 4 - 25 LC 52 0595
115	115	living arrangements, as defined by the Department of Behavioral Health and
116	116	90
117	117	Developmental Disabilities; EmPATH units as defined in Code Section 37-1-131;
118	118	mental91
119	119	health programs conducted by accountability courts; or residential beds operated by a92
120	120	state or local public entity."93
121	121	SECTION 3.94
122	122	All laws and parts of laws in conflict with this Act are repealed.95
123	123	H. B. 109
124	124	- 5 -