HB584: HB584 Health; reassign licensing and oversight of certain treatments and programs from Departments of Community Health to Behavioral Health and Developmental Disabilities

Right now the Department of Community Health licenses and regulates several kinds of care facilities in Georgia, including drug abuse treatment programs, narcotic treatment programs, community living arrangements (group homes for people with developmental disabilities), and adult residential mental health programs. This bill shifts that licensing, inspection, and enforcement authority to the Department of Behavioral Health and Developmental Disabilities. The bill rewrites definitions across Titles 26, 31, and 37 of the Georgia Code to reflect the new department in charge, sets up a fee schedule for licensing activities, and gives the new department power to fine, suspend, or revoke licenses, order emergency relocations of residents, place monitors in troubled facilities, and conduct on-site inspections. It also creates a new legal framework for community living arrangements requiring abuse and exploitation reports from staff and certain professionals, with confidentiality protections and anti-retaliation rules. Existing licenses issued by the Department of Community Health remain valid after the transfer. The changes take effect January 1, 2026.

• Transfers licensing, inspection, and enforcement authority over drug abuse treatment programs, narcotic treatment programs, community living arrangements, and adult residential mental health programs from the Department of Community Health to the Department of Behavioral Health and Developmental Disabilities.
• Creates a new fee schedule for licensing these programs, capped at the department's actual costs and limited in annual increases to the rate of inflation.
• Allows the department to fine violators up to $2,000 per day per violation, up to a total of $40,000, and to suspend, revoke, or refuse licenses after notice and a hearing.
• Gives the department authority to order emergency relocation of residents, place monitors in facilities for up to ten days, and halt new admissions when health or safety violations go uncorrected.
• Requires certain professionals, including group home staff, therapists, coroners, and emergency medical personnel, to report suspected abuse or exploitation of residents in community living arrangements within 24 hours.
• Keeps all licenses and administrative rules issued by the Department of Community Health before December 31, 2025 valid until they are renewed, revoked, or replaced by the new department.

The bill affects operators and residents of drug abuse treatment programs, narcotic treatment programs, group homes (community living arrangements), and adult residential mental health programs in Georgia, along with the Department of Community Health, the Department of Behavioral Health and Developmental Disabilities, local law enforcement agencies, and professionals such as therapists, emergency responders, coroners, and clergy who must report suspected abuse.

Facility operators will now apply for licenses, pay fees, and face inspections and penalties from a different state agency, which could change how quickly violations are addressed. Residents of group homes gain new abuse and exploitation reporting protections, and staff at these facilities face new mandatory reporting duties with confidentiality and anti-retaliation safeguards.

• Part I revises O.C.G.A. Chapter 5 of Title 26 so the 'department' for drug abuse treatment and narcotic treatment programs becomes Behavioral Health and Developmental Disabilities, while preserving Community Health's rules and licenses issued through December 31, 2025.
• Part II amends O.C.G.A. § 31-2-4 and related Title 31 sections to remove community living arrangement licensing from Community Health's listed duties and update definitions of 'long-term care facility' to include arrangements licensed by the new department.
• Part III adds a new Article 3 to O.C.G.A. Chapter 2 of Title 37 setting up licensing fees, enforcement powers (fines up to $40,000, license suspension or revocation), emergency relocation orders, and monitor placements for the transferred program types.
• Part III also moves the one-time provisional license authority for adult residential mental health programs from the Department of Community Health, extending the deadline to December 31, 2025, before the new licensing regime under Behavioral Health and Developmental Disabilities takes over.
• Part IV creates a new Chapter 13 of Title 37 establishing licensing standards, disaster preparedness plan requirements, on-site inspection authority, and a full abuse and exploitation reporting system for community living arrangements, including mandatory reporters, confidentiality rules, and anti-retaliation protections.
• Section 5-1 sets the effective date for the entire Act as January 1, 2026.

1. 2025-05-01Effective Date 2026-01-01
2. 2025-05-01Act 44
3. 2025-05-01House Date Signed by Governor (House)
4. 2025-04-08House Sent to Governor (House)
5. 2025-03-28House Agreed Senate Amend or Sub (House)
6. 2025-03-20Senate Passed/Adopted By Substitute (Senate)
7. 2025-03-20Senate Third Read (Senate)
8. 2025-03-18Senate Read Second Time (Senate)

• Jesse Petrea (R, HD-166)Primary sponsor
• Katie Dempsey (R, HD-013)
• Darlene Taylor (R, HD-173)
• Ron Stephens (R, HD-164)
• John LaHood (R, HD-175)
• Brian Prince (D, HD-132)
• Bo Hatchett (R, SD-050)

1. PassedHouse voteMarch 4, 2025

   171 yea, 0 nay (3 not voting, 6 absent)

   Passage: House Vote #189

2. PassedSenate voteMarch 20, 2025

   52 yea, 0 nay (0 not voting, 4 absent)

   Passage By Substitute: Senate Vote #261

3. PassedHouse voteMarch 28, 2025

   163 yea, 0 nay (4 not voting, 13 absent)

   Agree To Senate Substitute: House Vote #338

• behavioral health licensing
• group homes
• mental health programs
• drug treatment programs
• state agency reorganization