SB188: SB188 Georgia Adult and Aging Services Agency; create

25 LC 60 0073 Senate Bill 188 By: Senators Esteves of the 35th, Jones II of the 22nd, Islam Parkes of the 7th, Jackson of the 41st, Kemp of the 38th and others A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 6 of Title 49 of the Official Cod e of Georgia Annotated,1 relating to general provisions relative to services for the agi ng, so as to create the Georgia2 Adult and Aging Services Agency; to provide for definitions; to provide for the creation of3 the Georgia Adult and Aging Services Board; to provide for membership, powers, and duties;4 to provide for an agency executive director; to provide for executive personnel; to provide5 for transfer of property, personnel, and funding from the Department of Human Services and6 the Division of Aging Services; to provide for further authorizations; to provide for receipt7 of funds and appropriations; to provide for an annual report; to provide for related matters;8 to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Article 1 of Chapter 6 of Title 49 of the Official Code of Geor gia Annotated, relating to12 general provisions relative to services for the aging, is amended by repealing said article in13 its entirety and enacting a new Article 1 to read as follows:14 S. B. 188 - 1 - 25 LC 60 0073 "ARTICLE 115 49-6-1.16 (a) The constantly increasing proportion of older people within the population of this state17 and the increasing gravity of the human distress and the loss accruing to the entire society18 as a result of the limitations and disadvantages confronting ol der people in maintaining19 their economic self-sufficiency and personal well-being and rea lizing their maximum20 potential as contributors to their community, state, and nation are matters of profound21 import and concern for all the people of this state.22 (b) It is, therefore, necessary and of the utmost importance to encourage the development23 and maintenance within this state of a comprehensive and coordinated network of public24 and private facilities for the alleviation or correction of these limitations and disadvantages25 and to encourage the conducting of continuous study and researc h into the needs and26 problems of older people under present and future economic and social conditions because27 it is essential for the prevention of dependency and the conservation of human values and28 a necessity in safeguarding and fostering the general welfare.29 (c) It is, therefore, declared to be the intent of the General Assembly by the passage of this30 article to provide for encouragement of the development, maintenance, and coordination31 of the aforementioned facilities.32 49-6-2.33 As used in this article, the term:34 (1) 'Adult guardianship services' means the services provided by the agency to adults35 when the local probate court has determined that the adult needs a guardian and appoints36 the agency as the guardian of last resort.37 (2) 'Adult services' means programs and services for adults, including but not limited to38 programs and services authorized by the federal Older Americans Act of 1965 and other39 S. B. 188 - 2 - 25 LC 60 0073 state and federal laws, regulations, grants, initiatives, demonstration programs, and pilot40 programs or supported through private initiatives that are provided by the agency, that are41 in addition to aging services.42 (3) 'Agency' means the Georgia Adult and Aging Services Agency.43 (4) 'Aging services' means those programs and services for older adults and persons with44 disabilities that are principally focused on home and community based services, including45 but not limited to programs and services authorized by the federal Older Americans Act46 of 1965 and other state and federal laws, regulations, grants, initiatives, demonstration47 programs, and pilot programs or supported through private initiatives that are provided48 by the agency.49 (5) 'Alzheimer's and Related Dementias State Plan' shall have the same meaning as 'state50 plan' as set forth in Code Section 49-6-91.51 (6) 'Board' means the Georgia Adult and Aging Services Board.52 (7) 'Director' means the executive director of the agency selected by the board.53 (8) 'Older adult' means an individual who is 60 years of age or older or who otherwise54 qualifies for aging services by the terms of the program, grant, or initiative under which55 the individual is being served.56 (9) 'Person with disabilities' means an individual having a physical or mental impairment57 that substantially limits one or more of the major life activities.58 (10) 'Regulations' means regulations made by the director with the approval of the board59 and promulgated in the manner prescribed by law.60 49-6-3.61 (a) There is created the Georgia Adult and Aging Services Board. The board shall consist62 of seven members who work or have worked in the area of adult or aging services, who are63 recipients of adult or aging services, or who are eligible to receive services provided by the64 agency; provided, however, that two members shall be older adults.65 S. B. 188 - 3 - 25 LC 60 0073 (b) The members of the board shall be appointed as follows: tw o members shall be66 appointed by the Governor, two members shall be appointed by the Speaker of the House67 of Representatives, two members shall be appointed by the Lieutenant Governor and one68 member shall be appointed by the director. The first members shall be appointed to take69 office on July 1, 2025, for initial terms as follows: three such members shall be appointed70 for terms of one year, two such members shall be appointed for terms of two years, and two71 such members shall be appointed for terms of three years. Thereafter, the successors shall72 be appointed by the respective appointing authority upon the expiration of the respective73 terms of office for terms of three years. All such members shall serve until their successors74 are appointed and qualified. Such members shall be eligible fo r reappointment to75 successive terms of office as members of the board.76 (c) Vacancies in office shall be filled by appointment by the respective appointing77 authority in the same manner as the appointment to the position on the board. An78 appointment to fill a vacancy other than by expiration of a term of office shall be for the79 balance of the unexpired term. If a vacancy remains unfilled f or six months, the board80 shall be authorized to fill the vacancy in accordance with the process described in this Code81 section.82 (d) Members of the board may be removed from office under the same conditions for83 removal from office of members of professional licensing boards provided for in Code84 Section 43-1-17.85 (e) There shall be a chairperson of the board elected by and from the membership of the86 board who shall be the presiding officer of the board. The term of the chairperson shall be87 established by rules of the board.88 (f) A quorum for transacting business shall be determined by the members of the board.89 (g) The members of the board shall receive a per diem allowance and expenses as shall be90 set and approved by the Office of Planning and Budget in confor mance with rates and91 allowances set for members of other state boards.92 S. B. 188 - 4 - 25 LC 60 0073 (h) In addition to the powers and duties set forth in this article, the board shall recommend93 to the Governor and the General Assembly changes in state progr ams, statutes, policies,94 budgets, and standards relating to aging services, the improvement of coordination among95 state and local agencies that provide aging services, and the improvement of the condition96 of citizens who are in need of the services of the agency.97 49-6-4.98 (a) The board shall select a director. The director shall hav e experience with adult or99 aging services provided by the agency with particular, demonstrated experience with home100 and community based services. The director shall serve at the pleasure of the board.101 (b) In carrying out his or her duties under this article, the director shall:102 (1) Be authorized to convene one or more panels of experts to address various adult and103 aging issues, including but not limited to health, employment, volunteering, long-term104 care, home and community based services, protective services, caregiver support, adult105 education, transportation, and housing, and may consult with experts on aging issues;106 (2) Establish policies and procedures for the operation of the agency as the director finds107 necessary for the purposes of this article, including appropria te subordinate108 administrative units within the agency;109 (3) Establish personnel requirements and hire executive personnel, including a deputy110 director, chief financial officer, and chief operating officer, and other personnel as the111 director deems necessary for the efficient performance of all functions of the agency;112 (4) Prepare and submit to the board:113 (A) An annual Alzheimer's and Related Dementias State Plan;114 (B) Annual reports of activities and expenditures;115 (C) Such plans for restructuring of the agency as the director determines appropriate116 for action by the board;117 S. B. 188 - 5 - 25 LC 60 0073 (D) Estimates of sums required for carrying out this article a nd the proposed budget118 request for comment by the board prior to the director's presentation to the Governor119 and General Assembly for their action;120 (E) Such other actions as the director believes necessary for board approval;121 (F) Prepare and present to the Governor, General Assembly, and their respective122 designees the agency's budget reports, requests, and any other financial information123 requested by the Governor, General Assembly, or their respective designees; and124 (G) Prepare and submit certification for disbursement, in accordance with regulations,125 of funds available for carrying out the purposes of this article; and126 (5) Delegate to any executive officer or other employee of the agency such of the127 director's powers and duties, except the making of regulations and the appointment of128 executive personnel, as he or she finds necessary to carry out the purposes of this article.129 49-6-5.130 (a)(1) The Georgia Adult and Aging Services Agency is created and established to131 perform the functions and assume the duties, powers, and author ity exercised by the132 Division of Aging Services within the department on June 30, 20 25. The agency133 established by this Code section shall have the functions, duti es, powers, and134 responsibilities assigned by the board and the commissioner and as assigned by or as135 provided by law.136 (2) The agency shall be assigned to the department for administrative purposes only, as137 prescribed in Code Section 50-4-3, except that the agency shall not be subject to138 paragraph (2) of subsection (a) and paragraph (4) of subsection (b) of said Code section139 providing for budget submission through the department. The ag ency shall submit its140 budget separately and directly to the Governor and the General Assembly.141 (3) On July 1, 2025, the powers, functions, duties, programs, institutions, and authority142 of the agency relating to the former Division of Aging Services within the department143 S. B. 188 - 6 - 25 LC 60 0073 shall be transferred to the agency pursuant to this article. T he agency shall take all144 necessary steps to ensure continuity of services for the older adults and persons with145 disabilities the agency serves during such transfer. The policy-making functions which146 were vested in the department as they pertained to the Division of Aging Services shall147 be vested in the agency effective July 1, 2025.148 (b) The agency shall be administered by a director appointed p ursuant to Code149 Section 49-6-4.150 (c) Any proceedings or other matters pending before the Division of Aging Services of the151 department on June 30, 2025, which relate to the functions transferred to the agency shall152 be transferred to the agency on July 1, 2025.153 (d) The agency shall assume possession and control of all reco rds, papers, equipment,154 supplies, office space, and all other tangible property possess ed and controlled by the155 department as of June 30, 2025, in the department administration of the Division of Aging156 Services. All funds attributable to the Division of Aging Services and its programs from157 state, federal, and any other public or private source shall be transferred to the agency on158 July 1, 2025.159 (e) On July 1, 2025, the agency shall receive custody of any state owned property in the160 custody of the department on June 30, 2025, which pertains to t he functions transferred161 from the Division of Aging Services to the agency.162 (f) Prior to July 1, 2025, the Office of Planning and Budget shall calculate, in consultation163 with the department and the Division of Aging Services, the amo unt of all funds of, or164 attributable to, the Division of Aging Services and its program s from any source that is165 used to provide administrative or other services within the dep artment. The amount166 calculated shall be transferred to the agency on July 1, 2025.167 (g) All officers, employees, and agents of the Division of Aging Services who, on June 30,168 2025, are engaged in the performance of a function or duty whic h shall be vested in the169 agency on July 1, 2025, by this article, shall be automatically transferred to the agency on170 S. B. 188 - 7 - 25 LC 60 0073 July 1, 2025. An equivalent number of positions or funds of the department which provide171 administrative support to the Division of Aging Services shall be transferred to the agency172 on July 1, 2025. Such persons shall be subject to the employment practices and policies173 of the agency on and after July 1, 2025, but shall receive comp ensation and benefits174 consistent with the compensation and benefits of other employee s of the department175 holding positions substantially the same as the transferred emp loyees; the compensation176 and benefits of such transferred employees shall not be reduced . Employees who are177 subject to the rules of the State Personnel Board and who are transferred to the agency shall178 retain all existing rights under such rules. Accrued annual and sick leave shall be retained179 by such employees as employees of the agency. The department shall be responsible for180 payment of the accrued Fair Labor Standards Act compensatory ti me possessed by such181 employees. Such accrued compensatory time shall be used by or paid to such employees182 prior to July 1, 2025.183 (h)(1) The agency is the designated state unit for purposes of administering the Older184 Americans Act of 1965 and related programs and services, the Alzheimer's and Related185 Dementias State Plan, long-term services and supports, adult gu ardianship services186 provided by the Division of Aging Services, all other services provided by the Division187 of Aging Services, and all other programs and services appropriate to the agency.188 (2) The agency shall conform to federal standards in all respects necessary for receiving189 federal grants, and the director is authorized and empowered to effect such changes as190 may, from time to time, be necessary in order to comply with such standards.191 (3) The agency shall take all necessary steps to secure at a minimum the same level of192 benefits provided pursuant to relevant federal statutes and appropriations received by the193 Division of Aging Services of the department prior to June 30, 2025. The department194 shall also amend the Alzheimer's and Related Dementias State Plan if necessary to meet195 federal funding requirements.196 S. B. 188 - 8 - 25 LC 60 0073 (4) The agency is authorized to employ, on a full-time or part-time basis, such medical,197 psychiatric, social work, supervisory, institutional, and other professional personnel and198 such clerical and other employees as may be necessary to discha rge the duties of the199 agency under this article. The agency is also authorized to contract for such professional200 services as may be necessary.201 (5) Classified employees of the agency under this article shal l in all instances be202 employed and dismissed in accordance with rules and regulations of the State Personnel203 Board.204 (i) The agency shall succeed to all rules, regulations, polici es, procedures, and205 administrative orders of the department which are in effect on June 30, 2025, and which206 relate to the functions of the Division of Aging Services. Such rules, regulations, policies,207 procedures, and administrative orders shall remain in effect un til amended, repealed,208 superseded, or nullified by proper authority or as otherwise provided by law.209 (j) The rights, privileges, entitlements, and duties of partie s to contracts, leases,210 agreements, and other transactions entered into before July 1, 2025, by the department or211 the Division of Aging Services pertaining to the Division of Aging Services shall continue212 to exist, and none of such rights, privileges, entitlements, an d duties are impaired or213 diminished by reason of the transfer of the functions to the ag ency provided for in this214 article. In all such instances, the agency shall be substitute d for the department or the215 Division of Aging Services, and the agency shall succeed to the rights, privileges,216 entitlements, and duties under such contracts, leases, agreements, and other transactions.217 (k) The agency shall design service delivery regions as appropriate to the programs and218 services it administers and shall be exempt from Code Section 50-4-7.219 (l)(1) The agency shall oversee the independent operation of t he long-term care220 ombudsman program through the office of the state long-term care ombudsman.221 (2) The long-term care ombudsman shall be hired by the directo r and shall act222 independently of the director, agency, and board.223 S. B. 188 - 9 - 25 LC 60 0073 (3) The agency shall support the office of the state long-term care ombudsman with224 administrative functions.225 (4) Determination and implementation of policies and procedures and other substantive226 operations of the long-term care ombudsman program shall be the responsibility of the227 office of the state long-term care ombudsman and shall be separate and independent of228 the director, agency, and board.229 49-6-6.230 (a) The agency shall constitute the designated state agency to handle all programs of the231 federal government relating to the aging and requiring acts within this state which are not232 the specific responsibility of another state agency under provisions of federal or state law.233 Authority is conferred upon the agency to accept and disburse any funds available or which234 might become available pursuant to the purposes set out in this article.235 (b) The agency shall study, investigate, promote, plan, and execute a program to meet the236 present and future needs of older adults of this state, and it shall receive the cooperation of237 all other state departments and agencies in carrying out a coordinated program.238 (c) It shall also be the duty of the agency to encourage and a ssist in the development of239 programs for older adults in the counties, towns, and cities of this state. The agency shall240 consult and cooperate with public and private agencies, county and municipal officers and241 agencies, and any federal or state agency or officer for the pu rpose of promoting242 coordination between state and local plans and programs and between state and interstate243 plans and programs for older adults.244 (d) The agency shall provide such adult services as the Govern or or General Assembly245 shall determine appropriate to the agency, including adult guardianship services.246 49-6-7.247 The agency is authorized to:248 S. B. 188 - 10 - 25 LC 60 0073 (1) Promote the health of and medical services for older adult s by working with249 professional associations, hospitals, and institutions;250 (2) Promote the rehabilitation of incapacitated adults and older adults;251 (3) Establish a state-wide coordinated program with participat ion of employers,252 employee's organizations, and state and local agencies to promo te greater and more253 suitable employment opportunities for older adults;254 (4) Establish a program of research and education on housing by either public or private255 means as well as by the establishment of self-sustaining cooperative dwelling projects for256 older adults;257 (5) Plan and promote recreational facilities for older adults;258 (6) Develop a program of education designed for older adults on subjects of particular259 concern to them;260 (7) Encourage further research in the colleges and universities of this state on problems261 of older adults;262 (8) Encourage training of personnel to handle problems of older adults;263 (9) Promote community education in the problems of older adults through institutions,264 publications, radio, television, and the press;265 (10) Provide consultation to communities and groups developing state-wide or local266 services for older adults;267 (11) Provide consultation to the various departments of state government concerning268 matters relating to older adults;269 (12) Inquire into and make recommendations to the appropriate agencies, public or270 private, on any matter affecting the behavior, care, or welfare of older adults;271 (13) Enlist the aid of public and private agencies concerned w ith the welfare of older272 adults and study and report on the functions and facilities of governmental agencies and273 institutions charged with the care, control, protection, and rehabilitation of older adults;274 S. B. 188 - 11 - 25 LC 60 0073 (14) Serve as a communications clearing-house for information in the large and complex275 fields of human relationships with respect to older adults;276 (15) Conduct or participate financially in conducting demonstr ation projects with277 counties, municipalities, or public or private agencies concerned with problems of older278 adults; and279 (16) Appoint such committees as it deems necessary for carrying out the purposes of this280 article. Members of such committees shall not be entitled to compensation.281 49-6-8.282 The agency is authorized to utilize funds made available from appropriations by Congress,283 gifts or grants from private sources, appropriations by the General Assembly, or transfer284 of funds from other state agencies or departments, including fu nds from the Home285 Delivered Meals, Transportation Services for the Elderly, and P reschool Children with286 Special Needs Fund provided for in Code Section 49-1-7, provide d that such special287 funding relates to providing adult and aging services.288 49-6-9.289 The agency may receive and accept on behalf of the state any grant or grant-in-aid from the290 federal government or any grant, gift, bequest, or devise from any other source and title291 shall pass to the state unless otherwise specified by the grantor.292 49-6-10.293 Beginning in 2026, it shall be the duty of the agency to submit an annual report to the294 Governor and to notify the General Assembly of such report on or before January 1 of each295 year. Such report shall set forth the results of the agency's studies, accomplishments, and296 recommendations, if any, for legislation. The agency shall not be required to distribute297 copies of the annual report to the members of the General Assem bly but shall notify the298 S. B. 188 - 12 - 25 LC 60 0073 members of the availability of the report in the manner which it deems to be most effective299 and efficient.300 49-6-11.301 All expenses incurred in administering and carrying this article into effect shall be paid out302 of funds appropriated by the General Assembly for such purpose or out of such other funds303 as may be made available.304 49-6-12.305 The director is authorized and empowered, with the approval of the board, to accept and306 use gifts made unconditionally, by will or otherwise, for carrying out the purposes of this307 article. Gifts made under such conditions as are proper and consistent with this article may308 be so accepted and shall be held, invested, reinvested, and use d in accordance with the309 conditions of the gift."310 SECTION 2.311 All laws and parts of laws in conflict with this Act are repealed.312 S. B. 188 - 13 -