25 LC 46 1148
House Bill 677
By: Representatives Dempsey of the 13
th
, Taylor of the 173
rd
, Hawkins of the 27
th
, Hatchett
of the 155
th
, and Oliver of the 84
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to
1
general provisions of health, so as to provide for certain placement procedures for children2
upon discharge from a hospital or psychiatric residential treatment facility in certain3
circumstances; to amend Article 1 of Chapter 20A of Title 33 of the Official Code of Georgia4
Annotated, relating to patient protection, so as to provide for per diem payments to hospitals5
or psychiatric residential treatment facilities in certain circumstances; to amend Chapter 21A6
of Title 33 of the Official Code of Georgia Annotated, the "Medicaid Care Management7
Organizations Act," so as to provide for per diem payments to hospitals or psychiatric8
residential treatment facilities in certain circumstances; to provide for related matters; to9
provide for applicability; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general13
provisions of health, is amended by adding a new Code section to read as follows:14
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"31-1-26.15
(a) As used in this Code section, the term 'acute psychiatric care' means a level of care that16
is highly structured for patients who are a risk to themselves or others.17
(b) Every hospital and psychiatric residential treatment facility in this state shall adhere18
to the following procedures for instances in which the parent, guardian, or legal custodian19
of a child who has received psychiatric care or acute psychiatric care at such hospital or20
facility fails to resume custody of such child within 48 hours of a physician's discharge21
order from such hospital or facility:22
(1) A task force shall be assembled which shall consist of a care coordinator, licensed23
psychiatrist, and a representative of the Department of Human Services, the Department24
of Behavioral Health and Developmental Disabilities, the commercial health insurer of25
the child, if applicable, and the Medicaid care management organization of the child, if26
applicable; and27
(2) Such task force shall without delay make a medical placement of the child into an28
appropriate environment for that child."29
SECTION 2.30
Article 1 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to31
patient protection, is amended by adding a new Code section to read as follows:32
"33-20A-11.33
(a) As used in this Code section, the term 'acute psychiatric care' means a level of care that34
is highly structured for patients who are a risk to themselves or others.35
(b) All managed care organizations in this state contracting with hospitals or psychiatric36
residential treatment facilities to provide insurance coverage for psychiatric or acute37
psychiatric care shall provide payment to such hospitals or facilities in the event that the38
parent, guardian, or legal custodian of a child who has received such care at such hospital39
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or facility fails to resume custody of such child within 48 hours of a physician's discharge40
order from such hospital or facility.41
(c) Such coverage shall provide for payment to the hospital or psychiatric residential42
treatment facility for every day after a physician's discharge order of such child that the43
child is not medically placed in an appropriate environment for that child, as follows:44
(1) Six hundred and fifty dollars for psychiatric care at a psychiatric residential treatment45
facility; or46
(2) Seven hundred and eighty dollars for acute psychiatric care provided by a hospital,47
psychiatric residential treatment facility, or other facility if such facility includes a crisis48
stabilization unit or qualified residential treatment program.49
(d) The payments referenced in subsection (c) of this Code section shall only be required50
to be paid to such hospital or facility until such time as the child is medically placed in an51
appropriate environment for that child."52
SECTION 3.53
Chapter 21A of Title 33 of the Official Code of Georgia Annotated, the "Medicaid Care54
Management Organizations Act," is amended by adding a new Code section to read as55
follows:56
"33-21A-15.57
(a) As used in this Code section, the term 'acute psychiatric care' means a level of care that58
is highly structured for patients who are a risk to themselves or others.59
(b) All care organizations in this state contracting with hospitals or psychiatric residential60
treatment facilities to provide psychiatric or acute psychiatric care shall provide insurance61
coverage requiring payment to such hospitals or facilities in the event that the parent,62
guardian, or legal custodian of a child who has received acute psychiatric care at such63
hospital or facility fails to resume custody of such child within 48 hours of a physician's64
discharge order from such hospital or facility.65
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(c) Such coverage shall provide for payment to the hospital or psychiatric residential66
treatment facility for every day after a physician's discharge order of such child that the67
child is not medically placed in an appropriate environment for that child, as follows:68
(1) Six hundred and fifty dollars for psychiatric care at a psychiatric residential treatment69
facility; or70
(2) Seven hundred and eighty dollars for acute psychiatric care provided by a hospital,71
psychiatric residential treatment facility, or other facility if such facility includes a crisis72
stabilization unit or qualified residential treatment program.73
(d) The payments referenced in subsection (c) of this Code section shall only be required74
to be paid to such hospital or facility until such time as the child is medically placed in an75
appropriate environment for that child.76
(e) To implement the provisions of this Code section, the department shall, when77
necessary, submit a Medicaid state plan amendment or waiver request to the United States78
Department of Health and Human Services."79
SECTION 4.80
This Act shall apply to all policies, contracts, and certificates executed, delivered, issued for81
delivery, continued, or renewed in this state on or after January 1, 2026.82
SECTION 5.83
All laws and parts of laws in conflict with this Act are repealed.84
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