Georgia 2025-2026 Regular Session

Georgia House Bill HB584 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 HB 584/AP
2		-	House Bill 584 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Petrea of the 166
4		-	th
5		-	, Dempsey of the 13
6		-	th
7		-	, Taylor of the 173
8		-	rd
9		-	, Stephens
10		-	of the 164
11		-	th
12		-	, LaHood of the 175
13		-	th
14		-	, and others
	1	+	25 LC 57 0270S
	2	+	The Senate Committee on Health and Human Services offered the following
	3	+	substitute to HB 584:
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Titles 26, 31, and 37 of the Official Code of Georgia Annotated, relating to food,
18		-	1
	6	+	To amend Titles 26, 31, and 37 of the Official Code of Georgia Annotated, relating to food,1
19	7		drugs, and cosmetics, health, and mental health, respectively, so as to reassign licensing and2
20	8		oversight of drug abuse treatment and education programs, narcotic treatment programs,3
21	9		community living arrangements, and adult residential mental health programs from the4
22	10		Department of Community Health to the Department of Behavioral Health and5
23	11		Developmental Disabilities; to provide for departmental regulation of such licensed6
24	12		programs; to provide for definitions; to provide for a schedule of fees; to provide for7
25	13		departmental enforcement; to provide civil penalties; to provide for the promulgation of rules8
26	14		and regulations; to authorize the issuance of emergency orders in certain circumstances; to9
27	15		provide for emergency plans; to authorize on-site inspections; to provide protections for10
28	16		residents and former residents in community living arrangements; to require reports by11
29	17		certain persons concerning suspected abuse or exploitation; to provide for the Department12
30	18		of Behavioral Health and Developmental Disabilities and certain law enforcement agency13
31	19		duties; to provide for confidentiality of reports; to provide immunity for certain persons; to14
32	20		prohibit retaliation; to revise and provide definitions; to amend various titles of the Official15
33	21		Code of Georgia Annotated, so as to make conforming changes; to provide for related16
34	22		matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.17
35		-	H. B. 584
36		-	- 1 - 25 HB 584/AP
37		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
38		-	18
	23	+	- 1 - 25 LC 57 0270S
	24	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:18
39	25		PART I 19
40	26		Drug Abuse Treatment and Education Programs and Narcotic Treatment Programs20
41	27		SECTION 1-1.21
42	28		Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics,22
43	29		is amended in Chapter 5, relating to drug abuse treatment and education programs, by23
44	30		revising Code Section 26-5-3, relating to definitions, as follows:24
45	31		"26-5-3.25
46	32		As used in this article, the term:26
47		-	(1) 'Department' means the Department of Community
48		-	Behavioral Health and27
	33	+	(1) 'Department' means the Department of Community Behavioral Health and27
49	34		Developmental Disabilities or its successor.28
50	35		(2) 'Drug abuse treatment and education program' means any system of treatment or29
51	36		therapeutic advice or counsel provided for the rehabilitation of drug dependent persons30
52	37		and shall include programs offered in the following types of facilities:31
53	38		(A) Residential care centers. A facility staffed by professional and paraprofessional32
54	39		persons offering treatment or therapeutic programs for drug dependent persons who live33
55	40		on the premises; and34
56	41		(B) Nonresidential care centers. A non-live-in facility, staffed by professional and35
57	42		paraprofessional persons, offering treatment or therapeutic programs for drug36
58	43		dependent persons who do not live on the premises.37
59	44		(3) 'Drug dependent person' means a person who is in imminent danger of becoming38
60	45		dependent upon or addicted to the use of drugs or who habitually lacks self-control as to39
61	46		the use of drugs or who uses drugs to the extent that his or her health is substantially40
62	47		impaired or endangered or his or her social or economic function is substantially41
63	48		disrupted.42
64		-	H. B. 584
65		-	- 2 - 25 HB 584/AP
66		-	(4) 'Drugs' means any substance defined as a drug by federal or Georgia law or any other
67		-	43
	49	+	- 2 - 25 LC 57 0270S
	50	+	(4) 'Drugs' means any substance defined as a drug by federal or Georgia law or any other43
68	51		chemical substance which may be used in lieu of a drug to obtain similar effects, with the44
69	52		exception of alcohol and its derivatives.45
70		-	(5) 'Governing body' means the county board of health
71		-	community service board, the46
	53	+	(5) 'Governing body' means the county board of health community service board, the46
72	54		partnership, the corporation, the association, or the person or group of persons who47
73	55		maintains and controls the program and who is legally responsible for the operation.48
74	56		(6) 'License' means the official permit issued by the director department which authorizes49
75	57		the holder to operate a drug abuse treatment and education program for the term provided50
76	58		therein.51
77	59		(7) 'Licensee' means any person holding a license or provisional license issued by the52
78	60		director department under this article.53
79	61		(8) 'Program' means the drug abuse treatment and education program."54
80	62		SECTION 1-2.55
81	63		Said title is further amended in said chapter by revising Code Section 26-5-6, relating to56
82	64		promulgation of rules and regulations, as follows:57
83	65		"26-5-6.58
84	66		The department is authorized and directed to create and promulgate all rules and59
85	67		regulations necessary for the implementation of this article. Any rule and regulation60
86	68		created by the Department of Community Health and in effect on December 31, 2025, shall61
87	69		continue to be in effect and shall be enforceable by the department until such time as such62
88	70		rule or regulation is amended or revoked by the department."63
89	71		SECTION 1-3.64
90	72		Said title is further amended in said chapter by revising Code Section 26-5-7, relating to65
91	73		license required, as follows:66
92		-	H. B. 584
93		-	- 3 - 25 HB 584/AP
94		-	"26-5-7.
95		-	67
	74	+	- 3 - 25 LC 57 0270S
	75	+	"26-5-7.67
96	76		No governing body shall operate a drug abuse treatment and education program without68
97		-	having a valid license or provisional license issued pursuant to this article. Any license or
98		-	69
	77	+	having a valid license or provisional license issued pursuant to this article. Any license or69
99	78		provisional license issued to a program by the Department of Community Health on70
100	79		December 31, 2025, shall be valid until revoked or renewed by the department, surrendered71
101	80		by the licensee, or otherwise terminated."72
102	81		SECTION 1-4.73
103	82		Said title is further amended in said chapter by revising Code Section 26-5-10, relating to74
104	83		issuance of license and revocation of suspension, as follows:75
105	84		"26-5-10.76
106	85		(a) The department may, upon submission of an application, with proof of accreditation77
107	86		by a voluntary accreditation agency approved by the department, issue a license based upon78
108	87		the findings of the accreditation agency. The Such license may be issued without an79
109	88		on-site visit by the department representative. Any denial, suspension, or revocation of the80
110	89		voluntary accreditation agency shall result in an automatic revocation or suspension of the81
111	90		license issued under pursuant to this Code section, and the holder must apply licensee shall82
112	91		reapply for a new license as provided for in this article.83
113	92		(b) The department shall not be bound by any policy or practice of the Department of84
114	93		Community Health in effect on December 31, 2025, in determining whether to issue a85
115	94		license based on the findings of an accreditation agency pursuant to subsection (a) of this86
116	95		Code section."87
117	96		SECTION 1-5.88
118	97		Said title is further amended in said chapter by revising Code Section 26-5-23, relating to89
119	98		publication of annual report, as follows:90
120		-	H. B. 584
121		-	- 4 - 25 HB 584/AP
122		-	"26-5-23.
123		-	91
124		-	The Department of Community Health and the Department of Behavioral Health and
125		-	92
	99	+	- 4 - 25 LC 57 0270S
	100	+	"26-5-23.91
	101	+	The Department of Community Health and the Department of Behavioral Health and92
126	102		Developmental Disabilities department shall publish an annual report using data from the93
127	103		department's central registry data base on the number of patients in enrolled treatment, the94
128	104		number of patients discharged from treatment, each patient's state of residence, and any95
129	105		other information as determined by the departments department. Such published report96
130	106		shall exclude patient identifying information and be compliant with state and federal laws."97
131	107		SECTION 1-6.98
132	108		Said title is further amended in said chapter by revising Code Section 26-5-41, relating to99
133	109		definitions regarding enforcement of narcotic treatment programs, as follows:100
134	110		"26-5-41.101
135	111		As used in this article, the term:102
136	112		(1) 'Department' means the Department of Community Behavioral Health and103
137	113		Developmental Disabilities or its successor.104
138	114		(2) 'Governing body' means the county board of health community service board, the105
139	115		partnership, the corporation, the association, or the person or group of persons who106
140	116		maintains and controls a narcotic treatment program, who is legally responsible for its107
141	117		operation, and who holds the license or provisional license to operate that program.108
142	118		(3) 'License' means the official permit issued by the department that authorizes the holder109
143	119		to operate a narcotic treatment program for the term provided therein.110
144	120		(4) 'Licensee' means any person holding a license or provisional license issued by the111
145	121		department under this article.112
146	122		(5) 'Narcotic treatment program' means any system of treatment provided for chronic113
147	123		heroin or opiate-like drug-dependent individuals that administers narcotic drugs under114
148	124		physicians' orders either for detoxification purposes or for maintenance treatment in a115
149	125		rehabilitative context offered by any county board of health community service board,116
150		-	H. B. 584
151		-	- 5 - 25 HB 584/AP
152		-	partnership, corporation, association, or person or groups of persons engaged in such
153		-	117
	126	+	- 5 - 25 LC 57 0270S
	127	+	partnership, corporation, association, or person or groups of persons engaged in such117
154	128		administration.118
155	129		(6) 'Patient' means any individual who undergoes treatment in a narcotic treatment119
156	130		program."120
157	131		SECTION 1-7.121
158	132		Said title is further amended in said chapter by revising Code Section 26-5-43, relating to122
159	133		rules and regulations, as follows:123
160	134		"26-5-43.124
161	135		The department is authorized and directed to create and promulgate all rules and125
162		-	regulations necessary for the implementation of this article. Any rule and regulation
163		-	126
	136	+	regulations necessary for the implementation of this article. Any rule and regulation126
164	137		created by the Department of Community Health and in effect on December 31, 2025, shall127
165	138		continue to be in effect and shall be enforceable by the department until such time as such128
166	139		rule or regulation is amended or revoked by the department."129
167	140		SECTION 1-8.130
168	141		Said title is further amended in said chapter by revising Code Section 26-5-44, relating to131
169	142		license required, as follows:132
170	143		"26-5-44.133
171	144		No governing body shall operate a narcotic treatment program without having a valid134
172	145		license or provisional license issued pursuant to this article. Any license or provisional135
173	146		license issued to a narcotic treatment program by the Department of Community Health on136
174	147		December 31, 2025, shall be valid until revoked or renewed by the department, surrendered137
175	148		by the licensee, or otherwise terminated."138
176		-	H. B. 584
177		-	- 6 - 25 HB 584/AP
178		-	SECTION 1-9.
179		-	139
	149	+	- 6 - 25 LC 57 0270S
	150	+	SECTION 1-9.139
180	151		Said title is further amended in said chapter by revising subsection (a) of Code Section140
181	152		26-5-47, relating to application review and requirements and nontransferability, as follows:141
182	153		"(a) The department shall, consistent with the requirements of this Code section, establish142
183		-	an application review process committee. The members of the committee shall include
184		-	143
	154	+	an application review process committee. The members of the committee shall include143
185	155		representation from department staff members and the Department of Behavioral Health144
186	156		and Developmental Disabilities."145
187	157		SECTION 1-10.146
188	158		Said title is further amended in said chapter by revising Code Section 26-5-56, relating to147
189	159		confidentiality of patient information, as follows:148
190	160		"26-5-56.149
191	161		(a) For the purpose of providing more effective treatment and rehabilitation, the records150
192	162		and name of any drug dependent person who seeks or obtains treatment, therapeutic advice,151
193	163		or counsel from any program licensed under this chapter shall be confidential and shall not152
194	164		be revealed except to the extent authorized in writing by the drug dependent person153
195	165		affected; furthermore, any. Any communication by such drug dependent person to an154
196	166		authorized employee of any holder of a license any licensee shall be deemed confidential;155
197	167		provided, however, that, except for matters privileged under other laws of this state, the156
198	168		records of such person and information about such person shall be produced in response157
199	169		to a valid court order of any court of competent jurisdiction after a full and fair show-cause158
200	170		hearing and in response to a departmental request for access for licensing purposes when159
201	171		such request is accompanied by a written statement that no record of patient identifying160
202	172		information will be made.161
203	173		(b) Nothing in this Code section shall be construed to prevent the department from162
204	174		operating a central registry pursuant to Code Section 26-5-60, and nothing in this Code163
205	175		section shall prevent or inhibit narcotic treatment programs from providing the department164
206		-	H. B. 584
207		-	- 7 - 25 HB 584/AP
	176	+	- 7 - 25 LC 57 0270S
208	177		with requested information for the purpose of maintaining such central registry or for165
209	178		maintaining any other registry or database as required by federal law or regulation."166
210	179		PART II167
211	180		Departmental Reassignment168
212	181		SECTION 2-1.169
213	182		Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising170
214	183		subsection (d) of Code Section 31-2-4, relating to the department's powers, duties, functions,171
215	184		and responsibilities, divisions, directors, and contracts for health benefits, as follows:172
216	185		"(d) In addition to its other powers, duties, and functions, the department:173
217	186		(1) Shall be the lead agency in coordinating and purchasing health care benefit plans for174
218	187		state and public employees, dependents, and retirees and may also coordinate with the175
219	188		board of regents for the purchase and administration of such health care benefit plans for176
220	189		its members, employees, dependents, and retirees;177
221	190		(2) Is authorized to plan and coordinate medical education and physician work force178
222	191		issues;179
223	192		(3) Shall investigate the lack of availability of health insurance coverage and the issues180
224	193		associated with the uninsured population of this state. In particular, the department is181
225	194		authorized to investigate the feasibility of creating and administering insurance programs182
226	195		for small businesses and political subdivisions of the state and to propose cost-effective183
227	196		solutions to reducing the numbers of uninsured in this state;184
228	197		(4) Is authorized to appoint a health care work force policy advisory committee to185
229	198		oversee and coordinate work force planning activities;186
230	199		(5) Is authorized to solicit and accept donations, contributions, and gifts and receive,187
231	200		hold, and use grants, devises, and bequests of real, personal, and mixed property on188
232	201		behalf of the state to enable the department to carry out its functions and purposes;189
233		-	H. B. 584
234		-	- 8 - 25 HB 584/AP
235		-	(6) Is authorized to award grants, as funds are available, to hospital authorities, hospitals,
236		-	190
	202	+	- 8 - 25 LC 57 0270S
	203	+	(6) Is authorized to award grants, as funds are available, to hospital authorities, hospitals,190
237	204		and medical-legal partnerships for public health purposes, pursuant to Code Sections191
238	205		31-7-94 and 31-7-94.1 and paragraph (11) of this subsection;192
239	206		(7) Shall make provision for meeting the cost of hospital care of persons eligible for193
240	207		public assistance to the extent that federal matching funds are available for such194
241	208		expenditures for hospital care. To accomplish this purpose, the department is authorized195
242	209		to pay from funds appropriated for such purposes the amount required under this196
243	210		paragraph into a trust fund account which shall be available for disbursement for the cost197
244	211		of hospital care of public assistance recipients. The commissioner, subject to the198
245	212		approval of the Office of Planning and Budget, on the basis of the funds appropriated in199
246	213		any year, shall estimate the scope of hospital care available to public assistance recipients200
247	214		and the approximate per capita cost of such care. Monthly payments into the trust fund201
248	215		for hospital care shall be made on behalf of each public assistance recipient and such202
249	216		payments shall be deemed encumbered for assistance payable. Ledger accounts203
250	217		reflecting payments into and out of the hospital care fund shall be maintained for each of204
251	218		the categories of public assistance established under Code Section 49-4-3. The balance205
252	219		of state funds in such trust fund for the payment of hospital costs in an amount not to206
253	220		exceed the amount of federal funds held in the trust fund by the department available for207
254	221		expenditure under this paragraph shall be deemed encumbered and held in trust for the208
255	222		payment of the costs of hospital care and shall be rebudgeted for this purpose on each209
256	223		quarterly budget required under the laws governing the expenditure of state funds. The210
257	224		state auditor shall audit the funds in the trust fund established under this paragraph in the211
258	225		same manner that any other funds disbursed by the department are audited;212
259		-	(8) Shall classify and license community living arrangements in accordance with the
260		-	213
	226	+	(8) Shall classify and license community living arrangements in accordance with the213
261	227		rules and regulations promulgated by the department for the licensing and enforcement214
262	228		of licensing requirements for persons whose services are financially supported, in whole215
263	229		or in part, by funds authorized through the Department of Behavioral Health and216
264		-	H. B. 584
265		-	- 9 - 25 HB 584/AP
	230	+	- 9 - 25 LC 57 0270S
266	231		Developmental Disabilities. To be eligible for licensing as a community living217
267	232		arrangement, the residence and services provided must be integrated within the local218
268	233		community. All community living arrangements licensed by the department shall be219
269	234		subject to the provisions of Code Sections 31-2-8 and 31-7-2.2. No person, business220
270	235		entity, corporation, or association, whether operated for profit or not for profit, may221
271	236		operate a community living arrangement without first obtaining a license or provisional222
272	237		license from the department. A license issued pursuant to this paragraph is not assignable223
273	238		or transferable. As used in this paragraph, the term 'community living arrangement'224
274	239		means any residence, whether operated for profit or not, which undertakes through its225
275	240		ownership or management to provide or arrange for the provision of housing, food, one226
276	241		or more personal services, support, care, or treatment exclusively for two or more persons227
277	242		who are not related to the owner or administrator of the residence by blood or marriage;228
278	243		(9)(8) Shall establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia229
279	244		Administrative Procedure Act,' a schedule of fees for licensure activities for institutions230
280	245		and other health care related entities required to be licensed, permitted, registered,231
281	246		certificated, or commissioned by the department pursuant to Chapter 7, 13, 23, or 44 of232
282	247		this title, Chapter 5 of Title 26, paragraph (8) of this subsection, or Article 7 of Chapter233
283	248		6 of Title 49. Such schedules shall be determined in a manner so as to help defray the234
284	249		costs incurred by the department, but in no event to exceed such costs, both direct and235
285	250		indirect, in providing such licensure activities. Such fees may be annually adjusted by236
286	251		the department but shall not be increased by more than the annual rate of inflation as237
287	252		measured by the Consumer Price Index, as reported by the Bureau of Labor Statistics of238
288	253		the United States Department of Labor. All fees paid thereunder shall be paid into the239
289	254		general funds of the State of Georgia. It is the intent of the General Assembly that the240
290	255		proceeds from all fees imposed pursuant to this paragraph be used to support and improve241
291	256		the quality of licensing services provided by the department;242
292		-	H. B. 584
293		-	- 10 - 25 HB 584/AP
	257	+	- 10 - 25 LC 57 0270S
294	258		(10)(A)(9)(A) May accept the certification or accreditation of an entity or program by243
295	259		a certification or accreditation body, in accordance with specific standards, as evidence244
296	260		of compliance by the entity or program with the substantially equivalent departmental245
297	261		requirements for issuance or renewal of a permit or provisional permit, provided that246
298	262		such certification or accreditation is established prior to the issuance or renewal of such247
299	263		permits. The department may not require an additional departmental inspection of any248
300	264		entity or program whose certification or accreditation has been accepted by the249
301	265		department, except to the extent that such specific standards are less rigorous or less250
302	266		comprehensive than departmental requirements. Nothing in this Code section shall251
303	267		prohibit either departmental inspections for violations of such standards or requirements252
304	268		or the revocation of or refusal to issue or renew permits, as authorized by applicable253
305	269		law, or for violation of any other applicable law or regulation pursuant thereto.254
306	270		(B) For purposes of this paragraph, the term:255
307	271		(i) 'Entity or program' means an agency, center, facility, institution, community living256
308	272		arrangement, drug abuse treatment and education program, or entity subject to257
309	273		regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title;258
310	274		Chapter 5 of Title 26; paragraph (8) of this subsection; and Article 7 of Chapter 6 of259
311	275		Title 49.260
312	276		(ii) 'Permit' means any license, permit, registration, certificate, or commission issued261
313	277		by the department pursuant to the provisions of the law cited in division (i) of this262
314	278		subparagraph;263
315	279		(11)(A)(10)(A) Is authorized to approve medical-legal partnerships that comply with264
316	280		standards and guidelines established for such programs for purposes of determining265
317	281		eligibility for grants. The department shall seek input from legal services organizations,266
318	282		community health advocacy organizations, hospitals, diagnostic and treatment centers,267
319	283		and other primary and specialty health care providers in establishing such standards and268
320	284		guidelines.269
321		-	H. B. 584
322		-	- 11 - 25 HB 584/AP
323		-	(B) For purposes of this paragraph, the term 'medical-legal partnership' means a
324		-	270
	285	+	- 11 - 25 LC 57 0270S
	286	+	(B) For purposes of this paragraph, the term 'medical-legal partnership' means a270
325	287		program conducted or established by a nonprofit entity through a collaboration pursuant271
326	288		to a written agreement between one or more medical service providers and one or more272
327	289		legal services programs, including those based within a law school, to provide legal273
328	290		services without charge to assist income-eligible individuals and their families in274
329	291		resolving legal matters or other needs that have an impact on the health of such275
330	292		individuals and families. Written agreements may include a memorandum of276
331	293		understanding or other agreement relating to the operations of the partnership and277
332	294		encompassing the rights and responsibilities of each party thereto. The medical service278
333	295		provider or providers may provide referrals of its patients to the legal services program279
334	296		or programs on matters that may potentially impact the health, health care, or the health280
335	297		care costs of a patient.281
336	298		(C) A medical-legal partnership that complies with the standards and guidelines282
337	299		established pursuant to this paragraph and has demonstrated the ability and experience283
338	300		to provide high quality patient centered legal services regarding legal matters or other284
339	301		needs that have an impact on the health of individuals and families shall be approved285
340	302		by the department.286
341	303		(D) This paragraph shall not be construed to require any medical-legal partnership or287
342	304		similar entity to seek or attain approval pursuant to this paragraph in order to operate;288
343		-	(12)
344		-	(11) In cooperation with the Department of Corrections and the State Board of289
	305	+	(12)(11) In cooperation with the Department of Corrections and the State Board of289
345	306		Pardons and Paroles, shall establish and implement a Medicaid eligibility determination290
346	307		procedure so that inmates being considered for parole who are eligible for long-term care291
347	308		services may apply for Medicaid; and292
348	309		(13)(12) Shall request federal approval for and facilitate the application of certificates293
349	310		of need for facilities capable of providing long-term care services, with Medicaid as the294
350	311		primary funding source, to inmates who are eligible for such services and funding upon295
351		-	H. B. 584
352		-	- 12 - 25 HB 584/AP
353		-	his or her release from a public institution, as such term is defined in Code Section
354		-	296
	312	+	- 12 - 25 LC 57 0270S
	313	+	his or her release from a public institution, as such term is defined in Code Section296
355	314		49-4-31."297
356	315		SECTION 2-2.298
357	316		Said title is further amended by revising subsection (a) of Code Section 31-2-8, relating to299
358	317		actions against certain applicants or licensees, as follows:300
359	318		"(a) This Code section shall be applicable to any agency, center, facility, institution,301
360	319		community living arrangement, drug abuse treatment and education program, or entity302
361	320		subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title;303
362		-	Chapter 5 of Title 26; paragraph (8) of subsection (d) of Code Section 31-2-4;
363		-	and Article304
	321	+	Chapter 5 of Title 26; paragraph (8) of subsection (d) of Code Section 31-2-4; and Article304
364	322		7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be305
365	323		used to refer to any license, permit, registration, or commission issued by the department306
366	324		pursuant to the provisions of the law cited in this subsection."307
367	325		SECTION 2-3.308
368	326		Said title is further amended by revising Code Section 31-7-2.2, relating to determination that309
369	327		patients or residents in an institution, community living arrangement, or treatment program310
370	328		are in danger, relocation of patients or residents, and suspension of admissions, as follows:311
371	329		"31-7-2.2.312
372	330		(a)(1) The commissioner may order the emergency relocation of patients or residents313
373	331		from an institution subject to licensure under this chapter, a community living314
374	332		arrangement subject to licensure under paragraph (8) of subsection (d) of Code Section315
375	333		31-2-4, or a drug abuse treatment and education program subject to licensure under316
376	334		Chapter 5 of Title 26 when the commissioner he or she has determined that the patients317
377	335		or residents are subject to an imminent and substantial danger.318
378	336		(2) When an order is issued under this subsection, the commissioner shall provide for:319
379		-	H. B. 584
380		-	- 13 - 25 HB 584/AP
381		-	(A) Notice to the patient or resident, his or her next of kin or guardian, and his or her
382		-	320
	337	+	- 13 - 25 LC 57 0270S
	338	+	(A) Notice to the patient or resident, his or her next of kin or guardian, and his or her320
383	339		physician of the emergency relocation and the reasons therefor;321
384		-	(B) Relocation to the nearest appropriate institution, community living arrangement,
385		-	322
	340	+	(B) Relocation to the nearest appropriate institution, community living arrangement,322
386	341		or drug abuse treatment and education program; and323
387	342		(C) Other protection designed to ensure the welfare and, when possible, the desires of324
388	343		the patient or resident.325
389	344		(b)(1) The commissioner may order the emergency placement of a monitor in an326
390	345		institution subject to licensure under this chapter, a community living arrangement327
391	346		subject to licensure under paragraph (8) of subsection (d) of Code Section 31-2-4, or a328
392	347		drug abuse treatment and education program subject to licensure under Chapter 5 of329
393	348		Title 26 when one or more of the following conditions are present:330
394	349		(A) The institution, community living arrangement, or drug abuse treatment and331
395	350		education program is operating without a permit or a license;332
396	351		(B) The department has denied application for a permit or a license or has initiated333
397	352		action to revoke the existing permit or license of the institution, community living334
398	353		arrangement, or drug abuse treatment and education program;335
399	354		(C) The institution, community living arrangement, or drug abuse treatment and336
400	355		education program is closing or plans to close and adequate arrangements for relocation337
401	356		of the patients or residents have not been made at least 30 days before the date of338
402	357		closure; or339
403	358		(D) The health, safety, security, rights, or welfare of the patients or residents cannot340
404	359		be adequately assured by the institution, community living arrangement, or drug abuse341
405	360		treatment and education program.342
406	361		(2) A monitor may be placed, pursuant to this subsection, in an institution, community343
407	362		living arrangement, or drug abuse treatment and education program for no more than ten344
408	363		days, during which time the monitor shall observe conditions and compliance with any345
409	364		recommended remedial action of the department by the institution, community living346
410		-	H. B. 584
411		-	- 14 - 25 HB 584/AP
	365	+	- 14 - 25 LC 57 0270S
412	366		arrangement, or drug abuse treatment and education program. The monitor shall report347
413	367		to the department. The monitor shall not assume any administrative responsibility within348
414	368		the institution, community living arrangement, or drug abuse treatment and education349
415	369		program nor shall the monitor be liable for any actions of the institution, community350
416	370		living arrangement, or drug abuse treatment and education program. The costs of placing351
417	371		a monitor in an institution, community living arrangement, or drug abuse treatment and352
418	372		education program shall be paid by the institution, community living arrangement, or353
419	373		drug abuse treatment and education program unless the order placing the monitor is354
420	374		determined to be invalid in a contested case proceeding under subsection (d) of this Code355
421	375		section, in which event the costs shall be paid by the state.356
422	376		(c)(1) The commissioner may order the emergency prohibition of admissions to an357
423	377		institution subject to licensure under this chapter, a community living arrangement358
424	378		subject to licensure under paragraph (8) of subsection (d) of Code Section 31-2-4, or359
425	379		program subject to licensure under Chapter 5 of Title 26 when such institution,360
426	380		community living arrangement, or drug abuse treatment and education program has failed361
427	381		to correct a violation of departmental permit rules or regulations within a reasonable362
428	382		period of time, as specified in the department's corrective order, and the violation:363
429	383		(A) Could jeopardize the health and safety of the residents or patients in the institution,364
430	384		community living arrangement, or drug abuse treatment and education program if365
431	385		allowed to remain uncorrected; or366
432	386		(B) Is a repeat violation over a 12 month period, which is intentional or due to gross367
433	387		negligence.368
434	388		(2) Admission to an institution, community living arrangement, or drug abuse treatment369
435	389		and education program may be suspended until the violation has been corrected or until370
436	390		the department has determined that the institution, community living arrangement, or371
437	391		drug abuse treatment and education program has undertaken the action necessary to effect372
438	392		correction of the violation.373
439		-	H. B. 584
440		-	- 15 - 25 HB 584/AP
441		-	(d) The commissioner may issue emergency orders pursuant to this Code section only if
442		-	374
	393	+	- 15 - 25 LC 57 0270S
	394	+	(d) The commissioner may issue emergency orders pursuant to this Code section only if374
443	395		authorized by rules and regulations of the department. Unless otherwise provided in the375
444	396		order, an emergency order shall become effective immediately. The department shall hold376
445		-	a preliminary hearing within ten days following a request therefor by any institution,
446		-	377
	397	+	a preliminary hearing within ten days following a request therefor by any institution,377
447	398		community living arrangement, or drug abuse treatment and education program affected378
448	399		by an emergency order. If, at the preliminary hearing, the order is determined by the379
449	400		department to be invalid, that order shall thereupon become void and of no effect. If, at the380
450	401		preliminary hearing, the order is determined by the department to be valid, that381
451	402		determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia382
452	403		Administrative Procedure Act,' and that order shall remain in effect until determined383
453	404		invalid in a proceeding regarding the contested case or until rescinded by the384
454	405		commissioner, whichever is earlier. For purposes of this subsection, an emergency order385
455	406		is valid only if the order is authorized to be issued under this Code section and rules and386
456	407		regulations relating thereto.387
457	408		(e) The powers provided by this Code section are cumulative of all other powers of the388
458	409		department, board, and commissioner."389
459	410		SECTION 2-4.390
460	411		Said title is further amended by revising paragraph (3) of Code Section 31-7-430, relating391
461	412		to definitions relative to designated essential caregivers, as follows:392
462	413		"(3) 'Long-term care facility' means a skilled nursing home, intermediate care home,393
463	414		personal care home, assisted living community, community living arrangement, or394
464	415		inpatient hospice facility licensed or permitted to operate pursuant to this chapter and any395
465	416		community living arrangement licensed by the Department of Behavioral Health and396
466	417		Developmental Disabilities pursuant to Article 1 of Chapter 13 of Title 37."397
467	418		SECTION 2-5.398
468		-	H. B. 584
469		-	- 16 - 25 HB 584/AP
470		-	Said title is further amended by revising paragraph (3) of Code Section 31-8-81, relating to
471		-	399
	419	+	- 16 - 25 LC 57 0270S
	420	+	Said title is further amended by revising paragraph (3) of Code Section 31-8-81, relating to399
472	421		definitions relative to reporting abuse or exploitation, as follows:400
473	422		"(3) 'Long-term care facility' or 'facility' means any skilled nursing home, intermediate401
474		-	care home, assisted living community, or
475		-	personal care home, or community living402
	423	+	care home, assisted living community, or personal care home, or community living402
476	424		arrangement now or hereafter subject to regulation and licensure by the department."403
477	425		PART III404
478	426		Departmental Regulation of Licensed Programs405
479	427		SECTION 3-1.406
480	428		Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by407
481	429		adding a new article to Chapter 2, relating to administration of mental health, developmental408
482	430		disabilities, addictive disabilities, and other disability services, to read as follows:409
483	431		"ARTICLE 3410
484	432		37-2-70.411
485	433		(a) As used in this article, the term:412
486	434		(1) 'Adult residential mental health program' means a program licensed by the413
487	435		department under Article 7 of Chapter 3 of this title.414
488	436		(2) 'Applicant' means any individual affiliated with a partnership, corporation,415
489	437		association, or individuals or groups of individuals submitting an application to operate416
490	438		an adult residential mental health program, community living arrangement, drug abuse417
491	439		treatment and education program, or narcotic treatment program.418
492	440		(3) 'Community living arrangement' means a group home licensed by the department419
493	441		under Chapter 13 of this title.420
494		-	H. B. 584
495		-	- 17 - 25 HB 584/AP
	442	+	- 17 - 25 LC 57 0270S
496	443		(4) 'Drug abuse treatment and education program' means a treatment program licensed421
497	444		by the department under Article 1 of Chapter 5 of Title 26.422
498	445		(5) 'License' means the official permit issued by the department on or after January 1,423
499	446		2026; provided, however, that such term shall also include an official permit issued by424
500	447		the Department of Community Health on December 31, 2025.425
501	448		(6) 'Licensee' means any person holding a license issued by the department to operate an426
502	449		adult residential mental health program, community living arrangement, drug abuse427
503	450		treatment and education program, or narcotic treatment program.428
504	451		(7) 'Narcotic treatment program' means a treatment program licensed by the department429
505	452		under Article 2 of Chapter 5 of Title 26.430
506	453		37-2-71.431
507	454		The department shall establish by rule adopted pursuant to Chapter 13 of Title 50, the432
508	455		'Georgia Administrative Procedure Act,' a schedule of fees for licensure activities for adult433
509	456		residential mental health programs, community living arrangements, drug treatment and434
510	457		education programs, and narcotic treatment programs required to be licensed by the435
511	458		department. Such schedules shall be determined in a manner so as to help defray the costs436
512	459		incurred by the department, but in no event to exceed such costs, both direct and indirect,437
513	460		in providing such licensure activities. Such fees may be annually adjusted by the438
514	461		department but shall not be increased by more than the annual rate of inflation as measured439
515	462		by the Consumer Price Index as reported by the Bureau of Labor Statistics of the United440
516	463		States Department of Labor. All fees paid thereunder shall be paid into the general fund441
517	464		of the State of Georgia. It is the intent of the General Assembly that the proceeds from all442
518	465		fees imposed pursuant to this Code section be used to support and improve the quality of443
519	466		licensing services provided by the department.444
520	467		37-2-72.445
521		-	H. B. 584
522		-	- 18 - 25 HB 584/AP
	468	+	- 18 - 25 LC 57 0270S
523	469		(a) The department shall have the authority to take any of the actions enumerated in446
524	470		subsection (b) of this Code section upon a finding that the applicant or licensee has:447
525	471		(1) Knowingly made any false statement of material information in connection with the448
526	472		application for a license, or in statements made or on documents submitted to the449
527	473		department as part of an inspection, survey, or investigation, or in the alteration or450
528	474		falsification of records maintained by the adult residential mental health program,451
529	475		community living arrangement, drug treatment and education program, or narcotic452
530	476		treatment program;453
531	477		(2) Failed or refused to provide the department with access to the premises subject to454
532	478		regulation or information pertinent to the initial or continued licensing of the adult455
533	479		residential mental health program, community living arrangement, drug treatment and456
534	480		education program, or narcotic treatment program;457
535	481		(3) Failed to comply with the licensing requirements of this state; or458
536	482		(4) Failed to comply with any provision of this Code section.459
537	483		(b) When the department finds that any applicant or licensee has violated any provision460
538	484		of subsection (a) of this Code section or laws, rules, regulations, or formal orders related461
539	485		to the initial or continued licensing of an adult residential mental health program,462
540	486		community living arrangement, drug treatment and education program, or narcotic463
541	487		treatment program, the department, subject to notice and opportunity for hearing, may take464
542	488		any of the following actions:465
543	489		(1) Refuse to grant a license; provided, however, that the department may refuse to grant466
544	490		a license without holding a hearing prior to taking such action;467
545	491		(2) Administer a public reprimand;468
546	492		(3) Suspend any license for a definite period or for an indefinite period in connection469
547	493		with any condition which may be attached to the restoration of such license;470
548	494		(4) Prohibit any applicant or licensee from allowing a person who previously was471
549	495		involved in the management or control, as defined by rule, of any adult residential mental472
550		-	H. B. 584
551		-	- 19 - 25 HB 584/AP
	496	+	- 19 - 25 LC 57 0270S
552	497		health program, community living arrangement, drug treatment and education program,473
553	498		or narcotic treatment program which has had its license or application revoked or denied474
554	499		within the past 12 months to be involved in the management or control of such program475
555	500		or arrangement;476
556	501		(5) Revoke any license;477
557	502		(6) Impose a fine of up to $2,000.00 per day for each violation of a law, rule, regulation,478
558	503		or formal order related to the initial or ongoing licensing of any applicant or licensee, up479
559	504		to a total of $40,000.00; or480
560	505		(7) Limit or restrict any license as the department deems necessary for the protection of481
561	506		the public, including, but not limited to, restricting some or all services of or admissions482
562	507		into an adult residential mental health program, community living arrangement, drug483
563	508		treatment and education program, or narcotic treatment program for a time certain.484
564	509		In taking any of the actions enumerated in this subsection, the department shall consider485
565	510		the seriousness of the violation, including the circumstances, extent, and gravity of the486
566	511		prohibited acts, and the hazard or potentional hazard created to the health or safety of the487
567	512		public.488
568	513		(c) The department may deny a license or otherwise restrict a license from any applicant489
569	514		who has had a license denied, revoked, or suspended within one year of the date of an490
570	515		application or who has transferred ownership or governing authority of an adult residential491
571	516		mental health program, community living arrangement, drug treatment and education492
572	517		program, or narcotic treatment program subject to regulation by the department within one493
573	518		year of the date of a new application when such transfer was made in order to avert denial,494
574	519		revocation, or suspension of a license or to avert the payment of fines assessed by the495
575	520		department pursuant to this Code section.496
576	521		(d) With regard to any contested case instituted by the department pursuant to this Code497
577	522		section or other provisions of law which may now or hereafter authorize remedial or498
578	523		disciplinary grounds and action, the department may, in its discretion, dispose of the action499
579		-	H. B. 584
580		-	- 20 - 25 HB 584/AP
	524	+	- 20 - 25 LC 57 0270S
581	525		so instituted by settlement. In such cases, all parties, successors, and assigns to any500
582	526		settlement agreement shall be bound by the terms specified therein, and violation thereof501
583	527		by any applicant or licensee shall constitute grounds for any action enumerated in502
584	528		subsection (b) of this Code section.503
585	529		(e) The department shall have the authority to make public or private investigations or504
586	530		examinations inside or outside of this state to determine whether the provisions of this505
587	531		Code section or any other law, rule, regulation, or formal order relating to the licensing of506
588	532		any adult residential mental health program, community living arrangement, drug treatment507
589	533		and education program, or narcotic treatment program has been violated. Such508
590	534		investigations may be initiated at any time, in the discretion of the department, and may509
591	535		continue during the pendency of any action initiated by the department pursuant to510
592	536		subsection (b) of this Code section.511
593	537		(f) For the purpose of conducting any investigation, inspection, or survey, the department512
594	538		shall have the authority to require the production of any books, records, papers, or other513
595	539		information related to the initial or continued licensing of any adult residential mental514
596	540		health program, community living arrangement, drug treatment and education program, or515
597	541		narcotic treatment program.516
598	542		(g) Pursuant to the investigation, inspection, and enforcement powers given to the517
599	543		department by this Code section and other applicable laws, the department may assess518
600	544		against an adult residential mental health program, community living arrangement, drug519
601	545		treatment and education program, or narcotic treatment program reasonable and necessary520
602	546		expenses incurred by the department pursuant to any administrative or legal action required521
603	547		by the failure of such program or arrangement to fully comply with the provisions of any522
604	548		law, rule, regulation, or formal order related to the initial or continued licensing.523
605	549		Assessments shall not include attorney's fees and expenses of litigation, shall not exceed524
606	550		other actual expenses, and shall only be assessed if such investigation, inspection, or525
607		-	H. B. 584
608		-	- 21 - 25 HB 584/AP
	551	+	- 21 - 25 LC 57 0270S
609	552		enforcement actions result in adverse findings, as finally determined by the department,526
610	553		pursuant to administrative or legal action.527
611	554		(h) For any action taken or any proceeding held under this Code section or under color of528
612	555		law, except for gross negligence or willful or wanton misconduct, the department, when529
613	556		acting in its official capacity, shall be immune from liability and suit to the same extent that530
614	557		any judge of any court of general jurisdiction in this state would be immune.531
615	558		(i) In an administrative or legal proceeding under this Code section, a person or entity532
616	559		claiming an exemption or an exception granted by law, rule, regulation, or formal order has533
617	560		the burden of proving such exemption or exception.534
618	561		(j) This Code section and all actions resulting from its provisions shall be administered in535
619	562		accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'536
620	563		(k) The provisions of this Code section shall be supplemental to and shall not operate to537
621	564		prohibit the department from acting pursuant to any provisions of law which may now or538
622	565		hereafter authorize remedial or disciplinary grounds and action for the department. In 539
623	566		cases where such other provisions of law so authorize other disciplinary grounds and540
624	567		actions, but this Code section limits such grounds or actions, such other provisions shall541
625	568		apply.542
626	569		(l) The department is authorized to promulgate rules and regulations to implement the543
627	570		provisions of this Code section.544
628	571		37-2-73.545
629	572		(a)(1) The commissioner may order the emergency relocation of residents from an adult546
630	573		residential mental health program, community living arrangement, drug treatment and547
631	574		education program, or narcotic treatment program subject to licensure by the department548
632	575		when he or she has determined that the residents are subject to an imminent and549
633	576		substantial danger.550
634	577		(2) When an order is issued under this subsection, the commissioner shall provide for:551
635		-	H. B. 584
636		-	- 22 - 25 HB 584/AP
	578	+	- 22 - 25 LC 57 0270S
637	579		(A) Notice to the resident and his or her next of kin or guardian of the emergency552
638	580		relocation and the reasons therefor;553
639	581		(B) Relocation to the nearest appropriate adult residential mental health program,554
640	582		community living arrangement, drug treatment and education program, narcotic555
641	583		treatment program, or other appropriate setting; and556
642	584		(C) Other protection designed to ensure the welfare and, when possible, the desires of557
643	585		the resident.558
644	586		(b)(1) The commissioner may order the emergency placement of a monitor in an adult559
645	587		residential mental health program, community living arrangement, drug treatment and560
646	588		education program, or narcotic treatment program, subject to licensure by the department,561
647	589		when one or more of the following conditions are present:562
648	590		(A) The adult residential mental health program, community living arrangement, drug563
649	591		treatment and education program, or narcotic treatment program is operating without564
650	592		a permit or a license;565
651	593		(B) The department has denied application for a permit or a license or has initiated566
652	594		action to revoke the existing permit or license of the licensee;567
653	595		(C) The adult residential mental health program, community living arrangement, drug568
654	596		treatment and education program, or narcotic treatment program is closing or plans to569
655	597		close and adequate arrangements for relocation of the residents have not been made at570
656	598		least 30 days before the date of closure; or571
657	599		(D) The health, safety, security, rights, or welfare of the residents cannot be adequately572
658	600		assured by the adult residential mental health program, community living arrangement,573
659	601		drug treatment and education program, or narcotic treatment program.574
660	602		(2) A monitor may be placed, pursuant to this subsection, in an adult residential mental575
661	603		health program, community living arrangement, drug treatment and education program,576
662	604		or narcotic treatment program for no more than ten days, during which time the monitor577
663	605		shall observe conditions and compliance with any recommended remedial action of the578
664		-	H. B. 584
665		-	- 23 - 25 HB 584/AP
	606	+	- 23 - 25 LC 57 0270S
666	607		department. The monitor shall report to the department. The monitor shall not assume579
667	608		any administrative responsibility within the adult residential mental health program,580
668	609		community living arrangement, drug treatment and education program, or narcotic581
669	610		treatment program, nor shall the monitor be liable for any actions of the licensee. The582
670	611		costs of placing a monitor in an adult residential mental health program, community583
671	612		living arrangement, drug treatment and education program, or narcotic treatment program584
672	613		shall be paid by the licensee unless the order placing the monitor is determined to be585
673	614		invalid in a contested case proceeding under subsection (d) of this Code section, in which586
674	615		event, the costs shall be paid by the state.587
675	616		(c)(1) The commissioner may order the emergency prohibition of admissions to an adult588
676	617		residential mental health program, community living arrangement, drug treatment and589
677	618		education program, or narcotic treatment program when such licensee has failed to590
678	619		correct a violation of departmental permit rules or regulations within a reasonable period591
679	620		of time, as specified in the department's corrective order, and the violation:592
680	621		(A) Could jeopardize the health and safety of the residents if allowed to remain593
681	622		uncorrected; or594
682	623		(B) Is a repeat violation over a 12 month period, which is intentional or due to gross595
683	624		negligence.596
684	625		(2) Admission to new residents may be suspended until the violation has been corrected597
685	626		or until the department has determined that the licensee has undertaken the action598
686	627		necessary to effect correction of the violation.599
687	628		(d) The commissioner may issue emergency orders pursuant to this Code section only if600
688	629		authorized by rules and regulations of the department. Unless otherwise provided in any601
689	630		such order, an emergency order shall become effective immediately. The department shall602
690	631		provide an opportunity for a preliminary hearing within ten days following a request603
691	632		therefor by any adult residential mental health program, community living arrangement,604
692	633		drug treatment and education program, or narcotic treatment program affected by an605
693		-	H. B. 584
694		-	- 24 - 25 HB 584/AP
	634	+	- 24 - 25 LC 57 0270S
695	635		emergency order. If, at the preliminary hearing, the order is determined by the department606
696	636		to be invalid, such order shall thereupon become void and of no effect. If, at the607
697	637		preliminary hearing, the order is determined by the department to be valid, such608
698	638		determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia609
699	639		Administrative Procedure Act,' and such order shall remain in effect until determined610
700	640		invalid in a proceeding regarding the contested case or until rescinded by the611
701	641		commissioner, whichever is earlier. For purposes of this subsection, an emergency order612
702	642		is valid only if the order is authorized to be issued under this Code section and rules and613
703	643		regulations relating thereto.614
704	644		(e) The powers provided by this Code section shall be in addition to all other powers of615
705	645		the department, board, and commissioner."616
706	646		SECTION 3-2.617
707	647		Said title is further amended by revising paragraphs (1) and (3) of Code Section 37-3-202,618
708	648		relating to definitions regarding adult residential mental health services licenses, as follows:619
709	649		"(1) 'Adult residential mental health program' means a subacute residential alternative620
710	650		service of four or more residential beds authorized to provide psychiatric services for621
711	651		mentally ill persons 18 years of age or older that operates 24 hours per day, 7 days per622
712	652		week to provide intensive short-term noninstitutional treatment to individuals who are623
713	653		temporarily in need of a 24-hour-per-day supportive therapeutic setting for prevention of624
714	654		or transition from or after acute psychiatric hospitalization. Such term shall not include625
715	655		crisis stabilization units, as defined in Code Section 37-1-29; community living626
716	656		arrangements, as defined by the Department of Behavioral Health and Developmental627
717	657		Disabilities in Code Section 37-13-1; mental health programs conducted by628
718	658		accountability courts; or residential beds operated by a state or local public entity."629
719	659		"(3) 'Department' means the Department of Community Behavioral Health and630
720	660		Developmental Disabilities."631
721		-	H. B. 584
722		-	- 25 - 25 HB 584/AP
723		-	SECTION 3-3.
724		-	632
	661	+	- 25 - 25 LC 57 0270S
	662	+	SECTION 3-3.632
725	663		Said title is further amended by revising subsection (b) of Code Section 37-3-205, relating633
726	664		to regulatory and licensing authority, as follows:634
727		-	"(b) The department is further authorized to issue, deny, suspend, or revoke licenses
728		-	a635
	665	+	"(b) The department is further authorized to issue, deny, suspend, or revoke licenses a635
729	666		license or take other enforcement actions against licensees or applicants a licensee or636
730	667		applicant as provided in Code Section 31-2-8 Article 3 of Chapter 2 of this title."637
731	668		SECTION 3-4.638
732	669		Said title is further amended by revising subsection (a) of Code Section 37-3-206, relating639
733	670		to licensing requirements and funding contingency, as follows:640
734	671		"(a) On and after July 1, 2025 January 1, 2026, no governing body shall operate an adult641
735	672		residential mental health program without having a valid license or provisional license642
736	673		issued pursuant to this article; provided, however, that hospitals licensed in accordance643
737	674		with Chapter 7 of Title 31 are exempt from this article unless the hospital is operating an644
738	675		adult residential mental health program that is separate and distinct from the licensed645
739	676		hospital."646
740	677		SECTION 3-5.647
741	678		Said title is further amended by revising Code Section 37-3-208.1, relating to one-time648
742	679		provisional license, as follows:649
743	680		"Between July 1, 2022, and June 30, 2025, December 31, 2025, the department Department650
744	681		of Community Health shall be authorized to grant a one-time provisional license for an651
745	682		adult residential mental health program to an existing licensed personal care home that652
746	683		substantially complies with the requirements of this article for a period not to extend653
747	684		beyond June 30, December 31, 2025."654
748		-	H. B. 584
749		-	- 26 - 25 HB 584/AP
750		-	SECTION 3-6.
751		-	655
	685	+	- 26 - 25 LC 57 0270S
	686	+	SECTION 3-6.655
752	687		Said title is further amended by revising subsection (a) of Code Section 37-3-211, relating656
753	688		to denial, suspension, or revocation of license, as follows:657
754	689		"(a) The department is authorized to deny, suspend, or revoke a license issued under this658
755	690		chapter for a violation of this chapter or a rule or regulation adopted under this chapter or659
756		-	to take other disciplinary actions against licensees
757		-	a licensee as provided in Code Section660
	691	+	to take other disciplinary actions against licensees a licensee as provided in Code Section660
758	692		31-2-8 Article 3 of Chapter 2 of this title."661
759	693		SECTION 3-7.662
760	694		Said title is further amended by revising subsections (a), (c), and (d) of Code Section663
761	695		37-3-215, relating to unlicensed residential mental health program and penalty, as follows:664
762	696		"(a) On and after July 1, 2025, January 1, 2026, a facility program shall be deemed to be665
763	697		an 'unlicensed adult residential mental health program' if it is unlicensed and not exempt666
764	698		from licensure under this article and:667
765	699		(1) The facility program is providing services and is operating as an adult residential668
766	700		mental health program;669
767	701		(2) The facility program is held out as or represented as providing services and operating670
768	702		as an adult residential mental health program; or671
769	703		(3) The facility program represents itself as a licensed adult residential mental health672
770	704		program."673
771	705		"(c) In addition to other remedies available to the department, the civil penalty authorized674
772	706		by subsection (b) of this Code section shall be doubled if the program owner or operator675
773	707		continues to operate the unlicensed adult residential mental health program, after receipt676
774	708		of notice pursuant to subsection (b) of this Code section.677
775	709		(d) The program owner or operator of an unlicensed adult residential mental health678
776	710		program who is assessed a civil penalty in accordance with this Code section may have679
777		-	H. B. 584
778		-	- 27 - 25 HB 584/AP
	711	+	- 27 - 25 LC 57 0270S
779	712		review of such civil penalty by appeal such civil penalty to the superior court in the county680
780	713		in which the action arose or to the Superior Court of Fulton County."681
781	714		SECTION 3-8.682
782	715		Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is683
783	716		amended by revising paragraphs (7) of Code Section 16-5-100, relating to definitions684
784	717		relevant to protection of elder persons, as follows:685
785	718		"(7) 'Long-term care facility' means any skilled nursing facility, intermediate care home,686
786	719		assisted living community, community living arrangement, or personal care home subject687
787	720		to regulation and licensure by the Department of Community Health and any community688
788	721		living arrangement licensed by the Department of Behavioral Health and Developmental689
789	722		Disabilities pursuant to Article 1 of Chapter 13 of Title 37."690
790	723		SECTION 3-9.691
791	724		Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended692
792	725		by revising subsection (d) of Code Section 50-18-160, relating to individuals or nonprofit693
793	726		organizations, as follows:694
794	727		"(12) Collection and use of personal information as permitted by statute, rule, or695
795	728		regulation for purposes of administration of programs and services, regulatory oversight,696
796	729		and ensuring compliance by prospective and approved contractors:697
797	730		(A) By the Department of Human Services for purposes authorized in Article 1 of698
798	731		Chapter 2 of Title 49;699
799	732		(B) By the Department of Behavioral Health and Developmental Disabilities for700
800	733		purposes authorized in Chapter 5 of Title 26 and Title 37;701
801	734		(C) By the Department of Community Health for purposes authorized in Chapter 5 of702
802	735		Title 26, Title 31, Article 7 of Chapter 3 of Title 37, Article 1 of Chapter 18 of Title 45,703
803	736		Article 7 of Chapter 4 of Title 49, or Article 7 of Chapter 6 of Title 49; and704
804		-	H. B. 584
805		-	- 28 - 25 HB 584/AP
806		-	(D) By the Department of Juvenile Justice for purposes authorized in Chapter 4A of
807		-	705
	737	+	- 28 - 25 LC 57 0270S
	738	+	(D) By the Department of Juvenile Justice for purposes authorized in Chapter 4A of705
808	739		Title 49."706
809	740		PART IV707
810	741		Community Living Arrangements708
811	742		SECTION 4-1.709
812	743		Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by710
813	744		adding a new chapter to read as follows:711
814		-	"CHAPTER 13
815		-	712
	745	+	"CHAPTER 13712
816	746		ARTICLE 1713
817	747		37-13-1.714
818	748		As used in this article, the term:715
819	749		(1) 'Community living arrangement' means a group home that serves up to four716
820	750		individuals with a developmental disability who require intense levels of residential717
821	751		support and which services are financially supported, in whole or in part, by funds718
822	752		authorized through the department and provides a range of interventions that focuses on719
823	753		training and support in one or more of the following areas:720
824	754		(A) Eating and drinking;721
825	755		(B) Toileting;722
826	756		(C) Personal grooming and healthcare;723
827	757		(D) Dressing;724
828	758		(E) Communication;725
829	759		(F) Interpersonal relationships;726
830	760		(G) Mobility;727
831	761		(H) Home management; and728
832		-	H. B. 584
833		-	- 29 - 25 HB 584/AP
	762	+	- 29 - 25 LC 57 0270S
834	763		(I) Use of leisure time.729
835	764		(2) 'License' means the official permit issued by the department which authorizes the730
836	765		holder to operate a community living arrangement for the term provided therein.731
837	766		(3) 'Licensee' means any person holding a license issued by the department under this732
838	767		article.733
839	768		37-13-2.734
840	769		(a) The department is authorized and directed to create and promulgate all rules and735
841	770		regulations necessary for the implementation of this article; provided, however, that such736
842	771		rules and regulations shall include physical plant health and safety standards, supplies,737
843	772		services, staffing, admission agreements, resident rights, records, medications, nutrition,738
844	773		discharge and transfer, and procedures addressing changes in condition or serious or739
845	774		unusual incidents.740
846	775		(b)(1) The department shall require a licensee to have a regularly rehearsed disaster741
847	776		preparedness plan with which staff and residents shall comply in cases of emergent742
848	777		events including, but not limited to, natural disasters, pandemics, fires, or interruption of743
849	778		essential services such as a electrical power, heat, and water supply.744
850	779		(2) Such disaster preparedness plan shall include written procedures with which staff745
851	780		shall comply in the event of an emergency and shall include care of the resident,746
852	781		notification of other individuals responsible for the resident, and plans for transportation,747
853	782		alternative living arrangements or sheltering in place, emergency energy sources, or other748
854	783		appropriate services.749
855	784		(c) Any rule and regulation relating to community living arrangements created by the750
856	785		Department of Community Health and in effect on December 31, 2025, shall continue to751
857	786		be in effect and shall be enforceable by the department until such time as such rule or752
858	787		regulation is amended or revoked by the department.753
859		-	H. B. 584
860		-	- 30 - 25 HB 584/AP
	788	+	- 30 - 25 LC 57 0270S
861	789		37-13-3.754
862	790		(a) No person, business entity, corporation, or association, whether operated for profit or755
863	791		not for profit, may operate a community living arrangement without first obtaining a756
864	792		license or provisional license issued by the department. A license issued by the department757
865	793		is neither assignable nor transferable.758
866	794		(b) Any license issued to a community living arrangement by the Department of759
867	795		Community Health on December 31, 2025, shall be valid until renewed or revoked by the760
868	796		department, surrendered by the licensee, or otherwise terminated.761
869	797		37-13-4.762
870	798		(a) The department shall be authorized to conduct periodic on-site inspections of any763
871	799		licensee in this state.764
872	800		(b) The department may accept proof of accreditation by a nationally recognized765
873	801		healthcare accreditation body, in accordance with specific standards, as evidence of766
874	802		compliance with one or more departmental requirements for issuance or renewal of a767
875	803		license or provisional license.768
876	804		(c) The department shall not be bound by any policy or practice of the Department of769
877	805		Community Health in effect on December 31, 2025, in determining whether to issue a770
878	806		license based on the findings of an accreditation agency pursuant to subsection (b) of this771
879	807		Code section.772
880	808		ARTICLE 2773
881	809		37-13-20.774
882	810		As used in this article, the term:775
883	811		(1) 'Abuse' means any intentional or grossly negligent act or series of acts or intentional776
884	812		or grossly negligent omission to act which causes injury to a resident, including, but not777
885		-	H. B. 584
886		-	- 31 - 25 HB 584/AP
	813	+	- 31 - 25 LC 57 0270S
887	814		limited to, assault or battery, failure to provide treatment or care, or sexual harassment778
888	815		of a resident.779
889	816		(2) 'Community living arrangement' means any group home licensed by the department780
890	817		pursuant to Article 1 of this chapter.781
891	818		(3) 'Exploitation' means the illegal or improper use of a resident or a resident's resources782
892	819		through undue influence, coercion, harassment, duress, deception, false representation,783
893	820		false pretenses, or other similar means for one's own or another's profit or advantage.784
894	821		(4) 'Resident' means any person receiving treatment or care in a community living785
895	822		arrangement.786
896	823		37-13-21.787
897	824		(a) Any of the following persons who have reasonable cause to believe that a resident or788
898	825		former resident has been abused or exploited while residing in a community living789
899	826		arrangement shall immediately make a report as described in subsection (d) of this Code790
900	827		section by telephone or in person to the department and to the appropriate law enforcement791
901	828		agency or prosecuting attorney:792
902	829		(1) Administrators, managers, or other employees of a community living arrangement;793
903	830		(2) Physical therapists;794
904	831		(3) Occupational therapists;795
905	832		(4) Coroners;796
906	833		(5) Medical examiners; 797
907	834		(6) Emergency medical services personnel, as such individuals are defined in Code798
908	835		Section 31-11-49;799
909	836		(7) Any person who is certified as an emergency medical technician, cardiac technician,800
910	837		paramedic, or first responder pursuant to Chapter 11 of Title 31;801
911	838		(8) Employees of a public or private agency engaged in professional health related802
912	839		services to residents; and803
913		-	H. B. 584
914		-	- 32 - 25 HB 584/AP
	840	+	- 32 - 25 LC 57 0270S
915	841		(9) Clergy members.804
916	842		(b) Persons required to make a report pursuant to subsection (a) of this Code section shall805
917	843		also make a written report to the department within 24 hours after making the initial report.806
918	844		(c) Any other person who has knowledge that a resident or former resident has been807
919	845		abused or exploited while residing in a community living arrangement may report or cause808
920	846		a report to be made to the department or the appropriate law enforcement agency.809
921	847		(d) An initial report of suspected abuse or exploitation shall include the following:810
922	848		(1) The name and address of the person making the report, unless such person is not811
923	849		required to make a report pursuant to subsection (a) of this Code section;812
924	850		(2) The name and address of the resident or former resident for which abuse or813
925	851		exploitation is suspected;814
926	852		(3) The name and address of the community living arrangement;815
927	853		(4) The name and extent of any known injuries or the condition relating to, or resulting816
928	854		from, the suspected abuse or exploitation;817
929	855		(5) The suspected cause of the abuse or exploitation; and818
930	856		(6) Any other information which the reporter reasonably believes might be helpful in819
931	857		determining the cause of the resident's or former resident's injuries or condition and in820
932	858		determining the identity of the person or persons responsible for the suspected abuse or821
933	859		exploitation.822
934	860		(e) The department shall maintain accurate records which shall include all reports of823
935	861		suspected abuse or exploitation, the results of all investigations and administrative or824
936	862		judicial proceedings, and a summary of actions taken to assist the resident or former825
937	863		resident.826
938	864		(f) Any suspected abuse or exploitation which is required to be reported by any person827
939	865		pursuant to this Code section shall be reported notwithstanding that the reasonable cause828
940	866		to believe such abuse or exploitation has occurred or is occurring is based in whole or in829
941	867		part upon any communication to that person which is otherwise made privileged or830
942		-	H. B. 584
943		-	- 33 - 25 HB 584/AP
	868	+	- 33 - 25 LC 57 0270S
944	869		confidential by law; provided, however, that a member of the clergy shall not be required831
945	870		to report such matters confided to him or her solely within the context of confession or832
946	871		other similar communication required to be kept confidential under church doctrine or833
947	872		practice. When a clergy member receives information about abuse or exploitation from834
948	873		any other source, such clergy member shall comply with the reporting requirements of this835
949	874		Code section, even though the clergy member may have also received a report of such836
950	875		matters from the confession of the perpetrator.837
951	876		37-13-22.838
952	877		(a) Immediately after the receipt of any report of suspected abuse or exploitation, the839
953	878		department shall make and document a determination as to whether such report requires840
954	879		an investigation. The department may, through its rules, regulations, or policies, limit the841
955	880		scope of any investigation and may delegate all or part of its authority to investigate to the842
956	881		appropriate law enforcement agency or other appropriate investigating agencies. If such843
957	882		delegation occurs, the agency to which authority has been delegated shall report the results844
958	883		of its investigation to the department immediately upon completion of such investigation.845
959	884		(b) The investigation shall determine the nature, cause, and extent of the suspected abuse846
960	885		or exploitation reported, an assessment of the current condition of the resident or former847
961	886		resident, and an assessment of any needed action or service. Where appropriate, the848
962	887		investigation shall include a prompt in-person visit to the resident or former resident.849
963	888		(c) The investigating agency shall collect and preserve all evidence relating to, or resulting850
964	889		from, the suspected abuse or exploitation.851
965	890		(d) All state, county, and municipal law enforcement agencies, employees of community852
966	891		living arrangements, and other appropriate persons shall cooperate with the department or853
967	892		investigating agency in the administration of this article.854
968	893		37-13-23.855
969		-	H. B. 584
970		-	- 34 - 25 HB 584/AP
	894	+	- 34 - 25 LC 57 0270S
971	895		(a) Upon the receipt of the results of an investigation conducted pursuant to Code Section856
972	896		37-13-22, the department, in cooperation with the investigating agency, shall immediately857
973	897		evaluate such results to determine what actions, if any, shall be taken to assist the resident858
974	898		or former resident.859
975	899		(b) The department or agency designated by the department shall assist to prevent further860
976	900		harm to a resident or former resident who has been abused or exploited. The department861
977	901		may also take appropriate legal actions to assure the safety and welfare of all other862
978	902		residents of the community living arrangement where necessary.863
979	903		(c) Within a reasonable time, not to exceed 30 days, after it has initiated action to assist864
980	904		a resident or former resident, the department shall determine the current condition of the865
981	905		resident or former resident, whether the abuse or exploitation has been abated, and whether866
982	906		continued assistance is necessary.867
983	907		(d) If, as a result of any investigation pursuant to this article, a determination is made that868
984	908		a resident or former resident has been abused or exploited, the department shall contact the869
985	909		appropriate prosecuting authority and provide all information and evidence to such870
986	910		prosecuting authority.871
987	911		37-13-24.872
988	912		(a) Any agency or person who in good faith makes a report or provides information or873
989	913		evidence pursuant to this article shall be immune from liability for such actions.874
990	914		(b) Neither the department nor its employees, when acting in good faith and with875
991	915		reasonable diligence, shall have any liability for defamation, invasion of privacy,876
992	916		negligence, or any other claim in connection with the collection or release of information877
993	917		pursuant to this article and neither shall be subject to suit based upon any such claims.878
994	918		37-13-25.879
995		-	H. B. 584
996		-	- 35 - 25 HB 584/AP
	919	+	- 35 - 25 LC 57 0270S
997	920		The identities of the resident or former resident, the alleged perpetrator, and the person or880
998	921		persons making a report or providing information or evidence pursuant to this article shall881
999	922		not be disclosed to the public unless required to be revealed in court proceedings or upon882
1000	923		the written consent of the person whose identity is to be revealed or as otherwise required883
1001	924		by law. Upon the resident's or the former resident's, or his or her representative's, request,884
1002	925		the department shall make information obtained in an abuse or exploitation report and885
1003	926		investigation available to the allegedly abused or exploited resident, the allegedly abused886
1004	927		or exploited former resident, or his or her representative for inspection or duplication,887
1005	928		except that such disclosure shall be made without revealing the identity of any other888
1006	929		resident, the person making the report, or persons providing information by name or889
1007	930		inference. For the purpose of this Code section, the term 'representative' means any person890
1008	931		authorized in writing by the resident or former resident or appointed by an appropriate891
1009	932		court to act upon the resident's or former resident's behalf. The term 'representative' also892
1010	933		means a family member of a deceased or physically or mentally impaired resident or 893
1011	934		former resident unable to grant authorization; provided, however, that such family 894
1012	935		members who do not have written or court authorization shall not be authorized by this895
1013	936		Code section to receive the resident's or former resident's clinical records as defined in896
1014	937		Code Section 37-3-1, 37-4-2, or 37-7-1. Nothing in this Code section shall be construed897
1015	938		to deny agencies participating in joint investigations at the request of and with the898
1016	939		department, or conducting separate investigations of abuse or exploitation within an899
1017	940		agency's scope of authority, or law enforcement personnel who are conducting an900
1018	941		investigation into any criminal offense in which a resident or former resident is a victim901
1019	942		from having access to such records.902
1020	943		37-13-26.903
1021	944		No person or community living arrangement shall discriminate or retaliate in any manner904
1022	945		against any person for making a report or providing information pursuant to this article or905
1023		-	H. B. 584
1024		-	- 36 - 25 HB 584/AP
	946	+	- 36 - 25 LC 57 0270S
1025	947		against any resident or former resident who is the subject of a report. Nothing in this Code906
1026	948		section shall be construed to prohibit the termination of the relationship between the907
1027	949		community living arrangement and the resident for reasons other than that the community908
1028	950		living arrangement has been made the subject of a report, that such a report has been made,909
1029	951		or that information has been provided pursuant to this article.910
1030	952		37-13-27.911
1031	953		The department shall prepare a written notice describing the reporting requirements set912
1032	954		forth in this article. Such notice shall be distributed to all community living arrangements913
1033	955		in this state, and copies thereof shall be posted in conspicuous locations within community914
1034	956		living arrangements."915
1035	957		PART V916
1036	958		Effective date917
1037	959		SECTION 5-1.918
1038	960		This Act shall become effective on January 1, 2026.919
1039	961		PART VI920
1040	962		Repealer921
1041	963		SECTION 6-1.922
1042	964		All laws and parts of laws in conflict with this Act are repealed.923
1043		-	H. B. 584
1044	965		- 37 -