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

25 HB 584/AP House Bill 584 (AS PASSED HOUSE AND SENATE) By: Representatives Petrea of the 166th, Dempsey of the 13th, Taylor of the 173rd, Stephens of the 164th, LaHood of the 175th, and others A BILL TO BE ENTITLED AN ACT To amend Titles 26, 31, and 37 of the Official Code of Georgia Annotated, relating to food,1 drugs, and cosmetics, health, and mental health, respectively, so as to reassign licensing and2 oversight of drug abuse treatment and education programs, narco tic treatment programs,3 community living arrangements, and adult residential mental hea lth programs from the4 Department of Community Health to the Department of Behavioral Health and5 Developmental Disabilities; to provide for departmental regulat ion of such licensed6 programs; to provide for definitions; to provide for a schedule of fees; to provide for7 departmental enforcement; to provide civil penalties; to provide for the promulgation of rules8 and regulations; to authorize the issuance of emergency orders in certain circumstances; to9 provide for emergency plans; to authorize on-site inspections; to provide protections for10 residents and former residents in community living arrangements ; t o r e q u i r e r e p o r t s b y11 certain persons concerning suspected abuse or exploitation; to provide for the Department12 of Behavioral Health and Developmental Disabilities and certain law enforcement agency13 duties; to provide for confidentiality of reports; to provide immunity for certain persons; to14 prohibit retaliation; to revise and provide definitions; to amend various titles of the Official15 Code of Georgia Annotated, so as to make conforming changes; to provide for related16 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.17 H. B. 584 - 1 - 25 HB 584/AP BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:18 PART I 19 Drug Abuse Treatment and Education Programs and Narcotic Treatment Programs20 SECTION 1-1.21 Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics,22 is amended in Chapter 5, relating to drug abuse treatment and e ducation programs, by23 revising Code Section 26-5-3, relating to definitions, as follows:24 "26-5-3.25 As used in this article, the term:26 (1) 'Department' means the Department of Community Behavioral H e a l t h a n d27 Developmental Disabilities or its successor.28 (2) 'Drug abuse treatment and education program' means any sys tem of treatment or29 therapeutic advice or counsel provided for the rehabilitation of drug dependent persons30 and shall include programs offered in the following types of facilities:31 (A) Residential care centers. A facility staffed by professional and paraprofessional32 persons offering treatment or therapeutic programs for drug dependent persons who live33 on the premises; and34 (B) Nonresidential care centers. A non-live-in facility, staf fed by professional and35 paraprofessional persons, offering treatment or therapeutic pro grams for drug36 dependent persons who do not live on the premises.37 (3) 'Drug dependent person' means a person who is in imminent danger of becoming38 dependent upon or addicted to the use of drugs or who habitually lacks self-control as to39 the use of drugs or who uses drugs to the extent that his or he r health is substantially40 impaired or endangered or his or her social or economic function is substantially41 disrupted.42 H. B. 584 - 2 - 25 HB 584/AP (4) 'Drugs' means any substance defined as a drug by federal or Georgia law or any other43 chemical substance which may be used in lieu of a drug to obtain similar effects, with the44 exception of alcohol and its derivatives.45 (5) 'Governing body' means the county board of health community service board, the46 partnership, the corporation, the association, or the person or group of persons who47 maintains and controls the program and who is legally responsible for the operation.48 (6) 'License' means the official permit issued by the director department which authorizes49 the holder to operate a drug abuse treatment and education program for the term provided50 therein.51 (7) 'Licensee' means any person holding a license or provision al license issued by the52 director department under this article.53 (8) 'Program' means the drug abuse treatment and education program."54 SECTION 1-2.55 Said title is further amended in said chapter by revising Code Section 26-5-6, relating to56 promulgation of rules and regulations, as follows:57 "26-5-6.58 The department is authorized and directed to create and promulg ate all rules and59 regulations necessary for the implementation of this article. Any rule and regulation60 created by the Department of Community Health and in effect on December 31, 2025, shall61 continue to be in effect and shall be enforceable by the department until such time as such62 rule or regulation is amended or revoked by the department."63 SECTION 1-3.64 Said title is further amended in said chapter by revising Code Section 26-5-7, relating to65 license required, as follows:66 H. B. 584 - 3 - 25 HB 584/AP "26-5-7.67 No governing body shall operate a drug abuse treatment and educ ation program without68 having a valid license or provisional license issued pursuant to this article. Any license or69 provisional license issued to a program by the Department of Co mmunity Health on70 December 31, 2025, shall be valid until revoked or renewed by the department, surrendered71 by the licensee, or otherwise terminated."72 SECTION 1-4.73 Said title is further amended in said chapter by revising Code Section 26-5-10, relating to74 issuance of license and revocation of suspension, as follows:75 "26-5-10.76 (a) The department may, upon submission of an application, with proof of accreditation77 by a voluntary accreditation agency approved by the department, issue a license based upon78 the findings of the accreditation agency. The Such license may be issued without an79 on-site visit by the department representative. Any denial, suspension, or revocation of the80 voluntary accreditation agency shall result in an automatic revocation or suspension of the81 license issued under pursuant to this Code section, and the holder must apply licensee shall82 reapply for a new license as provided for in this article.83 (b) The department shall not be bound by any policy or practic e of the Department of84 Community Health in effect on December 31, 2025, in determining whether to issue a85 license based on the findings of an accreditation agency pursuant to subsection (a) of this86 Code section."87 SECTION 1-5.88 Said title is further amended in said chapter by revising Code Section 26-5-23, relating to89 publication of annual report, as follows:90 H. B. 584 - 4 - 25 HB 584/AP "26-5-23.91 The Department of Community Health and the Department of Behavi oral Health and92 Developmental Disabilities department shall publish an annual report using data from the93 department's central registry data base on the number of patients in enrolled treatment, the94 number of patients discharged from treatment, each patient's st ate of residence, and any95 other information as determined by the departments department. Such published report96 shall exclude patient identifying information and be compliant with state and federal laws."97 SECTION 1-6.98 Said title is further amended in said chapter by revising Code Section 26-5-41, relating to99 definitions regarding enforcement of narcotic treatment programs, as follows:100 "26-5-41.101 As used in this article, the term:102 (1) 'Department' means the Department of Community Behavioral H e a l t h a n d103 Developmental Disabilities or its successor.104 (2) 'Governing body' means the county board of health community service board, the105 partnership, the corporation, the association, or the person or group of persons who106 maintains and controls a narcotic treatment program, who is leg ally responsible for its107 operation, and who holds the license or provisional license to operate that program.108 (3) 'License' means the official permit issued by the department that authorizes the holder109 to operate a narcotic treatment program for the term provided therein.110 (4) 'Licensee' means any person holding a license or provision al license issued by the111 department under this article.112 (5) 'Narcotic treatment program' means any system of treatment provided for chronic113 heroin or opiate-like drug-dependent individuals that administe rs narcotic drugs under114 physicians' orders either for detoxification purposes or for ma intenance treatment in a115 rehabilitative context offered by any county board of health community service board,116 H. B. 584 - 5 - 25 HB 584/AP partnership, corporation, association, or person or groups of p ersons engaged in such117 administration.118 (6) 'Patient' means any individual who undergoes treatment in a narcotic treatment119 program."120 SECTION 1-7.121 Said title is further amended in said chapter by revising Code Section 26-5-43, relating to122 rules and regulations, as follows:123 "26-5-43.124 The department is authorized and directed to create and promulg ate all rules and125 regulations necessary for the implementation of this article. Any rule and regulation126 created by the Department of Community Health and in effect on December 31, 2025, shall127 continue to be in effect and shall be enforceable by the department until such time as such128 rule or regulation is amended or revoked by the department."129 SECTION 1-8.130 Said title is further amended in said chapter by revising Code Section 26-5-44, relating to131 license required, as follows:132 "26-5-44.133 No governing body shall operate a narcotic treatment program wi thout having a valid134 license or provisional license issued pursuant to this article. Any license or provisional135 license issued to a narcotic treatment program by the Department of Community Health on136 December 31, 2025, shall be valid until revoked or renewed by the department, surrendered137 by the licensee, or otherwise terminated."138 H. B. 584 - 6 - 25 HB 584/AP SECTION 1-9.139 Said title is further amended in said chapter by revising subse ction (a) of Code Section140 26-5-47, relating to application review and requirements and nontransferability, as follows:141 "(a) The department shall, consistent with the requirements of this Code section, establish142 an application review process committee. The members of the co mmittee shall include143 representation from department staff members and the Department of Behavioral Health144 and Developmental Disabilities."145 SECTION 1-10.146 Said title is further amended in said chapter by revising Code Section 26-5-56, relating to147 confidentiality of patient information, as follows:148 "26-5-56.149 (a) For the purpose of providing more effective treatment and rehabilitation, the records150 and name of any drug dependent person who seeks or obtains treatment, therapeutic advice,151 or counsel from any program licensed under this chapter shall be confidential and shall not152 be revealed except to the extent authorized in writing by the d rug dependent person153 affected; furthermore, any . Any communication by such drug dependent person to an154 authorized employee of any holder of a license any licensee shall be deemed confidential;155 provided, however, that, except for matters privileged under ot her laws of this state, the156 records of such person and information about such person shall be produced in response157 to a valid court order of any court of competent jurisdiction after a full and fair show-cause158 hearing and in response to a departmental request for access for licensing purposes when159 such request is accompanied by a written statement that no reco rd of patient identifying160 information will be made.161 (b) Nothing in this Code section shall be construed to prevent the department from162 operating a central registry pursuant to Code Section 26-5-60, and nothing in this Code163 section shall prevent or inhibit narcotic treatment programs from providing the department164 H. B. 584 - 7 - 25 HB 584/AP with requested information for the purpose of maintaining such central registry or for165 maintaining any other registry or database as required by federal law or regulation."166 PART II167 Departmental Reassignment168 SECTION 2-1.169 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising170 subsection (d) of Code Section 31-2-4, relating to the department's powers, duties, functions,171 and responsibilities, divisions, directors, and contracts for health benefits, as follows:172 "(d) In addition to its other powers, duties, and functions, the department:173 (1) Shall be the lead agency in coordinating and purchasing health care benefit plans for174 state and public employees, dependents, and retirees and may al so coordinate with the175 board of regents for the purchase and administration of such health care benefit plans for176 its members, employees, dependents, and retirees;177 (2) Is authorized to plan and coordinate medical education and physician work force178 issues;179 (3) Shall investigate the lack of availability of health insurance coverage and the issues180 associated with the uninsured population of this state. In par ticular, the department is181 authorized to investigate the feasibility of creating and administering insurance programs182 for small businesses and political subdivisions of the state and to propose cost-effective183 solutions to reducing the numbers of uninsured in this state;184 (4) Is authorized to appoint a health care work force policy a dvisory committee to185 oversee and coordinate work force planning activities;186 (5) Is authorized to solicit and accept donations, contributio ns, and gifts and receive,187 hold, and use grants, devises, and bequests of real, personal, and mixed property on188 behalf of the state to enable the department to carry out its functions and purposes;189 H. B. 584 - 8 - 25 HB 584/AP (6) Is authorized to award grants, as funds are available, to hospital authorities, hospitals,190 and medical-legal partnerships for public health purposes, purs uant to Code Sections191 31-7-94 and 31-7-94.1 and paragraph (11) of this subsection;192 (7) Shall make provision for meeting the cost of hospital care of persons eligible for193 public assistance to the extent that federal matching funds are available for such194 expenditures for hospital care. To accomplish this purpose, the department is authorized195 to pay from funds appropriated for such purposes the amount req uired under this196 paragraph into a trust fund account which shall be available for disbursement for the cost197 of hospital care of public assistance recipients. The commissi oner, subject to the198 approval of the Office of Planning and Budget, on the basis of the funds appropriated in199 any year, shall estimate the scope of hospital care available to public assistance recipients200 and the approximate per capita cost of such care. Monthly payments into the trust fund201 for hospital care shall be made on behalf of each public assist ance recipient and such202 payments shall be deemed encumbered for assistance payable. Le dger accounts203 reflecting payments into and out of the hospital care fund shall be maintained for each of204 the categories of public assistance established under Code Section 49-4-3. The balance205 of state funds in such trust fund for the payment of hospital c osts in an amount not to206 exceed the amount of federal funds held in the trust fund by the department available for207 expenditure under this paragraph shall be deemed encumbered and held in trust for the208 payment of the costs of hospital care and shall be rebudgeted f or this purpose on each209 quarterly budget required under the laws governing the expenditure of state funds. The210 state auditor shall audit the funds in the trust fund established under this paragraph in the211 same manner that any other funds disbursed by the department are audited;212 (8) Shall classify and license community living arrangements i n accordance with the213 rules and regulations promulgated by the department for the licensing and enforcement214 of licensing requirements for persons whose services are financially supported, in whole215 or in part, by funds authorized through the Department of Behav ioral Health and216 H. B. 584 - 9 - 25 HB 584/AP Developmental Disabilities. To be eligible for licensing as a community living217 arrangement, the residence and services provided must be integr ated within the local218 community. All community living arrangements licensed by the d epartment shall be219 subject to the provisions of Code Sections 31-2-8 and 31-7-2.2. No person, business220 entity, corporation, or association, whether operated for profi t or not for profit, may221 operate a community living arrangement without first obtaining a license or provisional222 license from the department. A license issued pursuant to this paragraph is not assignable223 or transferable. As used in this paragraph, the term 'communit y living arrangement'224 means any residence, whether operated for profit or not, which undertakes through its225 ownership or management to provide or arrange for the provision of housing, food, one226 or more personal services, support, care, or treatment exclusively for two or more persons227 who are not related to the owner or administrator of the residence by blood or marriage;228 (9)(8) Shall establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia229 Administrative Procedure Act,' a schedule of fees for licensure activities for institutions230 and other health care related entities required to be licensed, permitted, registered,231 certificated, or commissioned by the department pursuant to Chapter 7, 13, 23, or 44 of232 this title, Chapter 5 of Title 26, paragraph (8) of this subsection, or Article 7 of Chapter233 6 of Title 49. Such schedules shall be determined in a manner so as to help defray the234 costs incurred by the department, but in no event to exceed suc h costs, both direct and235 indirect, in providing such licensure activities. Such fees may be annually adjusted by236 the department but shall not be increased by more than the annu al rate of inflation as237 measured by the Consumer Price Index, as reported by the Bureau of Labor Statistics of238 the United States Department of Labor. All fees paid thereunde r shall be paid into the239 general funds of the State of Georgia. It is the intent of the General Assembly that the240 proceeds from all fees imposed pursuant to this paragraph be used to support and improve241 the quality of licensing services provided by the department;242 H. B. 584 - 10 - 25 HB 584/AP (10)(A)(9)(A) May accept the certification or accreditation of an entity or program by243 a certification or accreditation body, in accordance with specific standards, as evidence244 of compliance by the entity or program with the substantially equivalent departmental245 requirements for issuance or renewal of a permit or provisional permit, provided that246 such certification or accreditation is established prior to the issuance or renewal of such247 permits. The department may not require an additional departmental inspection of any248 entity or program whose certification or accreditation has been accepted by the249 department, except to the extent that such specific standards a re less rigorous or less250 comprehensive than departmental requirements. Nothing in this Code section shall251 prohibit either departmental inspections for violations of such standards or requirements252 or the revocation of or refusal to issue or renew permits, as a uthorized by applicable253 law, or for violation of any other applicable law or regulation pursuant thereto.254 (B) For purposes of this paragraph, the term:255 (i) 'Entity or program' means an agency, center, facility, institution, community living256 arrangement, drug abuse treatment and education program, or entity subject to257 regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title;258 Chapter 5 of Title 26; paragraph (8) of this subsection; and Article 7 of Chapter 6 of259 Title 49.260 (ii) 'Permit' means any license, permit, registration, certificate, or commission issued261 by the department pursuant to the provisions of the law cited i n division (i) of this262 subparagraph;263 (11)(A)(10)(A) Is authorized to approve medical-legal partnerships that comply with264 standards and guidelines established for such programs for purp oses of determining265 eligibility for grants. The department shall seek input from legal services organizations,266 community health advocacy organizations, hospitals, diagnostic and treatment centers,267 and other primary and specialty health care providers in establishing such standards and268 guidelines.269 H. B. 584 - 11 - 25 HB 584/AP (B) For purposes of this paragraph, the term 'medical-legal pa rtnership' means a270 program conducted or established by a nonprofit entity through a collaboration pursuant271 to a written agreement between one or more medical service providers and one or more272 legal services programs, including those based within a law sch ool, to provide legal273 services without charge to assist income-eligible individuals a nd their families in274 resolving legal matters or other needs that have an impact on t he health of such275 individuals and families. Written agreements may include a mem orandum of276 understanding or other agreement relating to the operations of the partnership and277 encompassing the rights and responsibilities of each party thereto. The medical service278 provider or providers may provide referrals of its patients to the legal services program279 or programs on matters that may potentially impact the health, health care, or the health280 care costs of a patient.281 (C) A medical-legal partnership that complies with the standar ds and guidelines282 established pursuant to this paragraph and has demonstrated the ability and experience283 to provide high quality patient centered legal services regarding legal matters or other284 needs that have an impact on the health of individuals and families shall be approved285 by the department.286 (D) This paragraph shall not be construed to require any medical-legal partnership or287 similar entity to seek or attain approval pursuant to this paragraph in order to operate;288 (12)(11) In cooperation with the Department of Corrections and the Sta te Board of289 Pardons and Paroles, shall establish and implement a Medicaid eligibility determination290 procedure so that inmates being considered for parole who are eligible for long-term care291 services may apply for Medicaid; and292 (13)(12) Shall request federal approval for and facilitate the applica tion of certificates293 of need for facilities capable of providing long-term care services, with Medicaid as the294 primary funding source, to inmates who are eligible for such services and funding upon295 H. B. 584 - 12 - 25 HB 584/AP his or her release from a public institution, as such term is d efined in Code Section296 49-4-31."297 SECTION 2-2.298 Said title is further amended by revising subsection (a) of Code Section 31-2-8, relating to299 actions against certain applicants or licensees, as follows:300 "(a) This Code section shall be applicable to any agency, cente r, facility, institution,301 community living arrangement, drug abuse treatment and educatio n program, or entity302 subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title;303 Chapter 5 of Title 26; paragraph (8) of subsection (d) of Code Section 31-2-4; and Article304 7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be305 used to refer to any license, permit, registration, or commission issued by the department306 pursuant to the provisions of the law cited in this subsection."307 SECTION 2-3.308 Said title is further amended by revising Code Section 31-7-2.2, relating to determination that309 patients or residents in an institution, community living arrangement, or treatment program310 are in danger, relocation of patients or residents, and suspension of admissions, as follows:311 "31-7-2.2.312 (a)(1) The commissioner may order the emergency relocation of patients or residents313 from an institution subject to licensure under this chapter, a community living314 arrangement subject to licensure under paragraph (8) of subsection (d) of Code Section315 31-2-4, or a drug abuse treatment and education program subject to licensure under316 Chapter 5 of Title 26 when the commissioner he or she has determined that the patients317 or residents are subject to an imminent and substantial danger.318 (2) When an order is issued under this subsection, the commissioner shall provide for:319 H. B. 584 - 13 - 25 HB 584/AP (A) Notice to the patient or resident, his or her next of kin or guardian, and his or her320 physician of the emergency relocation and the reasons therefor;321 (B) Relocation to the nearest appropriate institution, community living arrangement,322 or drug abuse treatment and education program; and323 (C) Other protection designed to ensure the welfare and, when possible, the desires of324 the patient or resident.325 (b)(1) The commissioner may order the emergency placement of a m o n i t o r i n a n326 institution subject to licensure under this chapter, a communit y living arrangement327 subject to licensure under paragraph (8) of subsection (d) of C ode Section 31-2-4, or a328 drug abuse treatment and education program subject to licensure under Chapter 5 of329 Title 26 when one or more of the following conditions are present:330 (A) The institution, community living arrangement, or drug abu s e t r e a t m e n t a n d331 education program is operating without a permit or a license;332 (B) The department has denied application for a permit or a li cense or has initiated333 action to revoke the existing permit or license of the institut ion, community living334 arrangement, or drug abuse treatment and education program;335 (C) The institution, community living arrangement, or drug abu s e t r e a t m e n t a n d336 education program is closing or plans to close and adequate arrangements for relocation337 of the patients or residents have not been made at least 30 day s before the date of338 closure; or339 (D) The health, safety, security, rights, or welfare of the pa tients or residents cannot340 be adequately assured by the institution, community living arrangement, or drug abuse341 treatment and education program.342 (2) A monitor may be placed, pursuant to this subsection, in an institution, community343 living arrangement, or drug abuse treatment and education program for no more than ten344 days, during which time the monitor shall observe conditions and compliance with any345 recommended remedial action of the department by the institutio n, community living346 H. B. 584 - 14 - 25 HB 584/AP arrangement, or drug abuse treatment and education program. The monitor shall report347 to the department. The monitor shall not assume any administrative responsibility within348 the institution, community living arrangement, or drug abuse tr eatment and education349 program nor shall the monitor be liable for any actions of the institu tion, community350 living arrangement, or drug abuse treatment and education program. The costs of placing351 a monitor in an institution, community living arrangement, or drug abuse treatment and352 education program shall be paid by the institution, community living arrangement , or353 drug abuse treatment and education program unless the order placing the monitor is354 determined to be invalid in a contested case proceeding under subsection (d) of this Code355 section, in which event the costs shall be paid by the state.356 (c)(1) The commissioner may order the emergency prohibition of admissions to an357 institution subject to licensure under this chapter, a communit y living arrangement358 subject to licensure under paragraph (8) of subsection (d) of C ode Section 31-2-4, or359 program subject to licensure under Chapter 5 of Title 26 when such institution,360 community living arrangement, or drug abuse treatment and education program has failed361 to correct a violation of departmental permit rules or regulati ons within a reasonable362 period of time, as specified in the department's corrective order, and the violation:363 (A) Could jeopardize the health and safety of the residents or patients in the institution,364 community living arrangement, or drug abuse treatment and educa tion program i f365 allowed to remain uncorrected; or366 (B) Is a repeat violation over a 12 month period, which is intentional or due to gross367 negligence.368 (2) Admission to an institution, community living arrangement, or drug abuse treatment369 and education program may be suspended until the violation has been corrected or until370 the department has determined that the institution, community l iving arrangement, or371 drug abuse treatment and education program has undertaken the action necessary to effect372 correction of the violation.373 H. B. 584 - 15 - 25 HB 584/AP (d) The commissioner may issue emergency orders pursuant to this Code section only if374 authorized by rules and regulations of the department. Unless otherwise provided in the375 order, an emergency order shall become effective immediately. The department shall hold376 a preliminary hearing within ten days following a request there for by any institution,377 community living arrangement, or drug abuse treatment and education program affected378 by an emergency order. If, at the preliminary hearing, the order is determined by the379 department to be invalid, that order shall thereupon become void and of no effect. If, at the380 preliminary hearing, the order is determined by the department to be valid, that381 determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia382 Administrative Procedure Act,' and that order shall remain in e ffect until determined383 invalid in a proceeding regarding the contested case or until r escinded by the384 commissioner, whichever is earlier. For purposes of this subsection, an emergency order385 is valid only if the order is authorized to be issued under this Code section and rules and386 regulations relating thereto.387 (e) The powers provided by this Code section are cumulative of all other powers of the388 department, board, and commissioner."389 SECTION 2-4.390 Said title is further amended by revising paragraph (3) of Code Section 31-7-430, relating391 to definitions relative to designated essential caregivers, as follows:392 "(3) 'Long-term care facility' means a skilled nursing home, in termediate care home,393 personal care home, assisted living community, community living arrangement , or394 inpatient hospice facility licensed or permitted to operate pursuant to this chapter and any395 community living arrangement licensed by the Department of Beha vioral Health and396 Developmental Disabilities pursuant to Article 1 of Chapter 13 of Title 37."397 SECTION 2-5.398 H. B. 584 - 16 - 25 HB 584/AP Said title is further amended by revising paragraph (3) of Code Section 31-8-81, relating to399 definitions relative to reporting abuse or exploitation, as follows:400 "(3) 'Long-term care facility' or 'facility' means any skilled nursing home, intermediate401 care home, assisted living community, or personal care home, or community living402 arrangement now or hereafter subject to regulation and licensure by the department."403 PART III404 Departmental Regulation of Licensed Programs405 SECTION 3-1.406 Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by407 adding a new article to Chapter 2, relating to administration of mental health, developmental408 disabilities, addictive disabilities, and other disability services, to read as follows:409 "ARTICLE 3410 37-2-70.411 (a) As used in this article, the term:412 (1) 'Adult residential mental health program' means a program licensed by the413 department under Article 7 of Chapter 3 of this title.414 (2) 'Applicant' means any in dividual affiliated with a partner ship, corporation,415 association, or individuals or groups of individuals submitting an application to operate416 an adult residential mental health program, community living arrangement, drug abuse417 treatment and education program, or narcotic treatment program.418 (3) 'Community living arrangement' means a group home licensed by the department419 under Chapter 13 of this title.420 H. B. 584 - 17 - 25 HB 584/AP (4) 'Drug abuse treatment and education program' means a treatment program licensed421 by the department under Article 1 of Chapter 5 of Title 26.422 (5) 'License' means the official permit issued by the departme nt on or after January 1,423 2026; provided, however, that such term shall also include an official permit issued by424 the Department of Community Health on December 31, 2025.425 (6) 'Licensee' means any person holding a license issued by the department to operate an426 adult residential mental health program, community living arran gement, drug abuse427 treatment and education program, or narcotic treatment program.428 (7) 'Narcotic treatment program' means a treatment program licensed by the department429 under Article 2 of Chapter 5 of Title 26.430 37-2-71.431 The department shall establish by rule adopted pursuant to Chap ter 13 of Title 50, the432 'Georgia Administrative Procedure Act,' a schedule of fees for licensure activities for adult433 residential mental health programs, community living arrangements, drug treatment and434 education programs, and narcotic treatment programs required to be licensed by the435 department. Such schedules shall be determined in a manner so as to help defray the costs436 incurred by the department, but in no event to exceed such costs, both direct and indirect,437 in providing such licensure activities. Such fees may be annua lly adjusted by the438 department but shall not be increased by more than the annual rate of inflation as measured439 by the Consumer Price Index as reported by the Bureau of Labor Statistics of the United440 States Department of Labor. All fees paid thereunder shall be paid into the general fund441 of the State of Georgia. It is the intent of the General Assembly that the proceeds from all442 fees imposed pursuant to this Code section be used to support and improve the quality of443 licensing services provided by the department.444 37-2-72.445 H. B. 584 - 18 - 25 HB 584/AP (a) The department shall have the authority to take any of the actions enumerated in446 subsection (b) of this Code section upon a finding that the applicant or licensee has:447 (1) Knowingly made any false statement of material information in connection with the448 application for a license, or in statements made or on document s submitted to the449 department as part of an insp ection, survey, or investigation, or in the alteration or450 falsification of records maintained by the adult residential me ntal health program,451 community living arrangement, drug treatment and education prog ram, or narcotic452 treatment program;453 (2) Failed or refused to provide the department with access to the premises subject to454 regulation or information pertinent to the initial or continued licensing of the adult455 residential mental health program, community living arrangement , drug treatment and456 education program, or narcotic treatment program;457 (3) Failed to comply with the licensing requirements of this state; or458 (4) Failed to comply with any provision of this Code section.459 (b) When the department finds that any applicant or licensee h as violated any provision460 of subsection (a) of this Code section or laws, rules, regulations, or formal orders related461 to the initial or continued licensi ng of an adult residential m ental health program,462 community living arrangement, drug treatment and education prog ram, or narcotic463 treatment program, the department, subject to notice and opportunity for hearing, may take464 any of the following actions:465 (1) Refuse to grant a license; provided, however, that the department may refuse to grant466 a license without holding a hearing prior to taking such action;467 (2) Administer a public reprimand;468 (3) Suspend any license for a definite period or for an indefi nite period in connection469 with any condition which may be attached to the restoration of such license;470 (4) Prohibit any applicant or licensee from allowing a person who previously was471 involved in the management or control, as defined by rule, of any adult residential mental472 H. B. 584 - 19 - 25 HB 584/AP health program, community living arrangement, drug treatment and education program,473 or narcotic treatment program which has had its license or application revoked or denied474 within the past 12 months to be involved in the management or control of such program475 or arrangement;476 (5) Revoke any license;477 (6) Impose a fine of up to $2,000.00 per day for each violation of a law, rule, regulation,478 or formal order related to the initial or ongoing licensing of any applicant or licensee, up479 to a total of $40,000.00; or480 (7) Limit or restrict any license as the department deems necessary for the protection of481 the public, including, but not limited to, restricting some or all services of or admissions482 into an adult residential mental health program, community livi ng arrangement, drug483 treatment and education program, or narcotic treatment program for a time certain.484 In taking any of the actions enumerated in this subsection, the department shall consider485 the seriousness of the violation, including the circumstances, extent, and gravity of the486 prohibited acts, and the hazard or potentional hazard created to the health or safety of the487 public.488 (c) The department may deny a license or otherwise restrict a license from any applicant489 who has had a license denied, revoked, or suspended within one year of the date of an490 application or who has transferred ownership or governing authority of an adult residential491 mental health program, community living arrangement, drug treat ment and education492 program, or narcotic treatment program subject to regulation by the department within one493 year of the date of a new application when such transfer was made in order to avert denial,494 revocation, or suspension of a license or to avert the payment of fines assessed by the495 department pursuant to this Code section.496 (d) With regard to any contested case instituted by the department pursuant to this Code497 section or other provisions of law which may now or hereafter a uthorize remedial or498 disciplinary grounds and action, the department may, in its discretion, dispose of the action499 H. B. 584 - 20 - 25 HB 584/AP so instituted by settlement. In such cases, all parties, succe ssors, and assigns to any500 settlement agreement shall be bound by the terms specified therein, and violation thereof501 by any applicant or licensee shall constitute grounds for any a ction enumerated in502 subsection (b) of this Code section.503 (e) The department shall have the authority to make public or private investigations or504 examinations inside or outside of this state to determine wheth er the provisions of this505 Code section or any other law, rule, regulation, or formal order relating to the licensing of506 any adult residential mental health program, community living arrangement, drug treatment507 and education program, or narcotic treatment program has been v iolated. Such508 investigations may be initiated at any time, in the discretion of the department, and may509 continue during the pendency of any action initiated by the dep artment pursuant to510 subsection (b) of this Code section.511 (f) For the purpose of conducting any investigation, inspection, or survey, the department512 shall have the authority to require the production of any books , records, papers, or other513 information related to the initial or continued licensing of an y adult residential mental514 health program, community living arrangement, drug treatment and education program, or515 narcotic treatment program.516 (g) Pursuant to the investigation, inspection, and enforcement powers given to the517 department by this Code section and other applicable laws, the department may assess518 against an adult residential mental health program, community living arrangement, drug519 treatment and education program, or narcotic treatment program reasonable and necessary520 expenses incurred by the department pursuant to any administrative or legal action required521 by the failure of such program or arrangement to fully comply with the provisions of any522 law, rule, regulation, or formal order related to the initial o r continued licensing.523 Assessments shall not include attorney's fees and expenses of litigation, shall not exceed524 other actual expenses, and shall only be assessed if such inves tigation, inspection, or525 H. B. 584 - 21 - 25 HB 584/AP enforcement actions result in adverse findings, as finally dete rmined by the department,526 pursuant to administrative or legal action.527 (h) For any action taken or any proceeding held under this Code section or under color of528 law, except for gross negligence or willful or wanton misconduc t, the department, when529 acting in its official capacity, shall be immune from liability and suit to the same extent that530 any judge of any court of general jurisdiction in this state would be immune.531 (i) In an administrative or legal proceeding under this Code s ection, a person or entity532 claiming an exemption or an exception granted by law, rule, regulation, or formal order has533 the burden of proving such exemption or exception.534 (j) This Code section and all actions resulting from its provisions shall be administered in535 accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'536 (k) The provisions of this Code section shall be supplemental to and shall not operate to537 prohibit the department from acting pursuant to any provisions of law which may now or538 hereafter authorize remedial or disciplinary grounds and action for the department. In 539 cases where such other provisions of law so authorize other dis ciplinary grounds and540 actions, but this Code section limits such grounds or actions, such other provisions shall541 apply.542 (l) The department is authorized to promulgate rules and regul ations to implement the543 provisions of this Code section.544 37-2-73.545 (a)(1) The commissioner may order the emergency relocation of residents from an adult546 residential mental health program, community living arrangement , drug treatment and547 education program, or narcotic treatment program subject to licensure by the department548 when he or she has determined that the residents are subject to an imminent and549 substantial danger.550 (2) When an order is issued under this subsection, the commissioner shall provide for:551 H. B. 584 - 22 - 25 HB 584/AP (A) Notice to the resident and his or her next of kin or guard ian of the emergency552 relocation and the reasons therefor;553 (B) Relocation to the nearest appropriate adult residential me ntal health program,554 community living arrangement, drug treatment and education prog ram, narcotic555 treatment program, or other appropriate setting; and556 (C) Other protection designed to ensure the welfare and, when possible, the desires of557 the resident.558 (b)(1) The commissioner may order the emergency placement of a monitor in an adult559 residential mental health program, community living arrangement , drug treatment and560 education program, or narcotic treatment program, subject to licensure by the department,561 when one or more of the following conditions are present:562 (A) The adult residential mental health program, community living arrangement, drug563 treatment and education program, or narcotic treatment program is operating without564 a permit or a license;565 (B) The department has denied application for a permit or a li cense or has initiated566 action to revoke the existing permit or license of the licensee;567 (C) The adult residential mental health program, community living arrangement, drug568 treatment and education program, or narcotic treatment program is closing or plans to569 close and adequate arrangements for relocation of the residents have not been made at570 least 30 days before the date of closure; or571 (D) The health, safety, security, rights, or welfare of the residents cannot be adequately572 assured by the adult residential mental health program, community living arrangement,573 drug treatment and education program, or narcotic treatment program.574 (2) A monitor may be placed, pursuant to this subsection, in an adult residential mental575 health program, community living arrangement, drug treatment and education program,576 or narcotic treatment program for no more than ten days, during which time the monitor577 shall observe conditions and compliance with any recommended remedial action of the578 H. B. 584 - 23 - 25 HB 584/AP department. The monitor shall report to the department. The monitor shall not assume579 any administrative responsibility within the adult residential mental health program,580 community living arrangement, drug treatment and education prog ram, or narcotic581 treatment program, nor shall the monitor be liable for any acti ons of the licensee. The582 costs of placing a monitor in an adult residential mental healt h program, community583 living arrangement, drug treatment and education program, or narcotic treatment program584 shall be paid by the licensee unless the order placing the moni tor is determined to be585 invalid in a contested case proceeding under subsection (d) of this Code section, in which586 event, the costs shall be paid by the state.587 (c)(1) The commissioner may order the emergency prohibition of admissions to an adult588 residential mental health program, community living arrangement , drug treatment and589 education program, or narcotic treatment program when such lice nsee has failed to590 correct a violation of departmental permit rules or regulations within a reasonable period591 of time, as specified in the department's corrective order, and the violation:592 (A) Could jeopardize the health and safety of the residents if allowed to remain593 uncorrected; or594 (B) Is a repeat violation over a 12 month period, which is intentional or due to gross595 negligence.596 (2) Admission to new residents may be suspended until the violation has been corrected597 or until the department has determined that the licensee has un dertaken the action598 necessary to effect correction of the violation.599 (d) The commissioner may issue emergency orders pursuant to this Code section only if600 authorized by rules and regulations of the department. Unless otherwise provided in any601 such order, an emergency order shall become effective immediately. The department shall602 provide an opportunity for a preliminary hearing within ten day s following a request603 therefor by any adult residential mental health program, community living arrangement,604 drug treatment and education program, or narcotic treatment pro gram affected by an605 H. B. 584 - 24 - 25 HB 584/AP emergency order. If, at the preliminary hearing, the order is determined by the department606 to be invalid, such order shall thereupon become void and of no e f f e c t . I f , a t t h e607 preliminary hearing, the order is determined by the department to be valid, such608 determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia609 Administrative Procedure Act,' and such order shall remain in e ffect until determined610 invalid in a proceeding regarding the contested case or until r escinded by the611 commissioner, whichever is earlier. For purposes of this subsection, an emergency order612 is valid only if the order is authorized to be issued under this Code section and rules and613 regulations relating thereto.614 (e) The powers provided by this Code section shall be in addition to all other powers of615 the department, board, and commissioner."616 SECTION 3-2.617 Said title is further amended by revising paragraphs (1) and (3) of Code Section 37-3-202,618 relating to definitions regarding adult residential mental health services licenses, as follows:619 "(1) 'Adult residential mental health program' means a subacute residential alternative620 service of four or more residential beds authorized to provide psychiatric services for621 mentally ill persons 18 years of age or older that operates 24 hours per day, 7 days per622 week to provide intensive short-term noninstitutional treatment to individuals who are623 temporarily in need of a 24-hour-per-day supportive therapeutic setting for prevention of624 or transition from or after acute psychiatric hospitalization. Such term shall not include625 crisis stabilization units, as defined in Code Section 37-1-29; community living626 arrangements, as defined by the Department of Behavioral Health and Developmental627 Disabilities in Code Section 37-13-1 ; mental health programs conducted by628 accountability courts; or residential beds operated by a state or local public entity."629 "(3) 'Department' means the Department of Community Behavioral H e a l t h a n d630 Developmental Disabilities."631 H. B. 584 - 25 - 25 HB 584/AP SECTION 3-3.632 Said title is further amended by revising subsection (b) of Code Section 37-3-205, relating633 to regulatory and licensing authority, as follows:634 "(b) The department is further authorized to issue, deny, suspe nd, or revoke licenses a635 license or take other enforcement actions against licensees or applica nts a licensee or636 applicant as provided in Code Section 31-2-8 Article 3 of Chapter 2 of this title."637 SECTION 3-4.638 Said title is further amended by revising subsection (a) of Code Section 37-3-206, relating639 to licensing requirements and funding contingency, as follows:640 "(a) On and after July 1, 2025 January 1, 2026, no governing body shall operate an adult641 residential mental health program without having a valid licens e or provisional license642 issued pursuant to this article; provided, however, that hospit als licensed in accordance643 with Chapter 7 of Title 31 are exempt from this article unless the hospital is operating an644 adult residential mental health program that is separate and di stinct from the licensed645 hospital."646 SECTION 3-5.647 Said title is further amended by revising Code Section 37-3-208 .1, relating to one-time648 provisional license, as follows:649 "Between July 1, 2022, and June 30, 2025, December 31, 2025, the department Department650 of Community Health shall be authorized to grant a one-time provisional license fo r an651 adult residential mental health program to an existing licensed personal care home that652 substantially complies with the requirements of this article fo r a period not to extend653 beyond June 30, December 31, 2025."654 H. B. 584 - 26 - 25 HB 584/AP SECTION 3-6.655 Said title is further amended by revising subsection (a) of Code Section 37-3-211, relating656 to denial, suspension, or revocation of license, as follows:657 "(a) The department is authorized to deny, suspend, or revoke a license issued under this658 chapter for a violation of this chapter or a rule or regulation adopted under this chapter or659 to take other disciplinary actions against licensees a licensee as provided in Code Section660 31-2-8 Article 3 of Chapter 2 of this title."661 SECTION 3-7.662 Said title is further amended by revising subsections (a), (c), and (d) of Code Section663 37-3-215, relating to unlicensed residential mental health program and penalty, as follows:664 "(a) On and after July 1, 2025, January 1, 2026, a facility program shall be deemed to be665 an 'unlicensed adult residential mental health program' if it is unlicensed and not exempt666 from licensure under this article and:667 (1) The facility program is providing services and is operating as an adult residential668 mental health program;669 (2) The facility program is held out as or represented as providing services and operating670 as an adult residential mental health program; or671 (3) The facility program represents itself as a licensed adult residential mental healt h672 program."673 "(c) In addition to other remedies available to the department, the civil penalty authorized674 by subsection (b) of this Code section shall be doubled if the program owner or operator675 continues to operate the unlicensed adult residential mental health program, after receipt676 of notice pursuant to subsection (b) of this Code section.677 ( d ) T h e p r o g r a m owner or operator of an unlicensed adult residential mental he alth678 program who is assessed a civil penalty in accordance with this Code section may have679 H. B. 584 - 27 - 25 HB 584/AP review of such civil penalty by appeal such civil penalty to the superior court in the county680 in which the action arose or to the Superior Court of Fulton County."681 SECTION 3-8.682 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is683 amended by revising paragraphs (7) of Code Section 16-5-100, re lating to definitions684 relevant to protection of elder persons, as follows:685 "(7) 'Long-term care facility' means any skilled nursing facility, intermediate care home,686 assisted living community, community living arrangement, or personal care home subject687 to regulation and licensure by the Department of Community Health and any community688 living arrangement licensed by the Department of Behavioral Health and Developmental689 Disabilities pursuant to Article 1 of Chapter 13 of Title 37."690 SECTION 3-9.691 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended692 by revising subsection (d) of Code Section 50-18-160, relating to individuals or nonprofit693 organizations, as follows:694 "(12) Collection and use of personal information as permitted b y statute, rule, or695 regulation for purposes of administration of programs and services, regulatory oversight,696 and ensuring compliance by prospective and approved contractors:697 (A) By the Department of Human Services for purposes authorize d in Article 1 of698 Chapter 2 of Title 49;699 (B) By the Department of Behavioral Health and Developmental D isabilities for700 purposes authorized in Chapter 5 of Title 26 and Title 37;701 (C) By the Department of Community Health for purposes authorized in Chapter 5 of702 Title 26, Title 31, Article 7 of Chapter 3 of Title 37, Article 1 of Chapter 18 of Title 45,703 Article 7 of Chapter 4 of Title 49, or Article 7 of Chapter 6 of Title 49; and704 H. B. 584 - 28 - 25 HB 584/AP (D) By the Department of Juvenile Justice for purposes authori zed in Chapter 4A of705 Title 49."706 PART IV707 Community Living Arrangements708 SECTION 4-1.709 Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by710 adding a new chapter to read as follows:711 "CHAPTER 13712 ARTICLE 1713 37-13-1.714 As used in this article, the term:715 (1) 'Community living arrangement' means a group home that ser ves up to four716 individuals with a developmental disability who require intense levels of residential717 support and which services are financially supported, in whole or in part, by funds718 authorized through the department and provides a range of interventions that focuses on719 training and support in one or more of the following areas:720 (A) Eating and drinking;721 (B) Toileting;722 (C) Personal grooming and healthcare;723 (D) Dressing;724 (E) Communication;725 (F) Interpersonal relationships;726 (G) Mobility;727 (H) Home management; and728 H. B. 584 - 29 - 25 HB 584/AP (I) Use of leisure time.729 (2) 'License' means the official permit issued by the departme nt which authorizes the730 holder to operate a community living arrangement for the term provided therein.731 (3) 'Licensee' means any person holding a license issued by th e department under this732 article.733 37-13-2.734 (a) The department is authorized and directed to create and pr omulgate all rules and735 regulations necessary for the implementation of this article; provided, however, that such736 rules and regulations shall include physical plant health and s afety standards, supplies,737 services, staffing, admission agreements, resident rights, records, medications, nutrition,738 discharge and transfer, and procedures addressing changes in co ndition or serious or739 unusual incidents.740 (b)(1) The department shall require a licensee to have a regul arly rehearsed disaster741 preparedness plan with which staff and residents shall comply i n cases of emergent742 events including, but not limited to, natural disasters, pandemics, fires, or interruption of743 essential services such as a electrical power, heat, and water supply.744 (2) Such disaster preparedness plan shall include written proc edures with which staff745 shall comply in the event of an emergency and shall include car e of the resident,746 notification of other individuals responsible for the resident, and plans for transportation,747 alternative living arrangements or sheltering in place, emergency energy sources, or other748 appropriate services.749 (c) Any rule and regulation relating to community living arran gements created by the750 Department of Community Health and in effect on December 31, 2025, shall continue to751 be in effect and shall be enforceable by the department until s uch time as such rule or752 regulation is amended or revoked by the department.753 H. B. 584 - 30 - 25 HB 584/AP 37-13-3.754 (a) No person, business entity, corporation, or association, whether operated for profit or755 not for profit, may operate a community living arrangement with out first obtaining a756 license or provisional license issued by the department. A license issued by the department757 is neither assignable nor transferable.758 (b) Any license issued to a community living arrangement by th e Department of759 Community Health on December 31, 2025, shall be valid until renewed or revoked by the760 department, surrendered by the licensee, or otherwise terminated.761 37-13-4.762 (a) The department shall be authorized to conduct periodic on- site inspections of any763 licensee in this state.764 (b) The department may accept proof of accreditation by a nati onally recognized765 healthcare accreditation body, in accordance with specific stan dards, as evidence of766 compliance with one or more departmental requirements for issua nce or renewal of a767 license or provisional license.768 (c) The department shall not be bound by any policy or practic e of the Department of769 Community Health in effect on December 31, 2025, in determining whether to issue a770 license based on the findings of an accreditation agency pursuant to subsection (b) of this771 Code section.772 ARTICLE 2773 37-13-20.774 As used in this article, the term:775 (1) 'Abuse' means any intentional or grossly negligent act or series of acts or intentional776 or grossly negligent omission to act which causes injury to a resident, including, but not777 H. B. 584 - 31 - 25 HB 584/AP limited to, assault or battery, failure to provide treatment or care, or sexual harassment778 of a resident.779 (2) 'Community living arrangement' means any group home licensed by the department780 pursuant to Article 1 of this chapter.781 (3) 'Exploitation' means the illegal or improper use of a resident or a resident's resources782 through undue influence, coercion, harassment, duress, deception, false representation,783 false pretenses, or other similar means for one's own or another's profit or advantage.784 (4) 'Resident' means any person receiving treatment or care in a community living785 arrangement.786 37-13-21.787 (a) Any of the following persons who have reasonable cause to believe that a resident or788 former resident has been abused or exploited while residing in a community living789 arrangement shall immediately make a report as described in subsection (d) of this Code790 section by telephone or in person to the department and to the appropriate law enforcement791 agency or prosecuting attorney:792 (1) Administrators, managers, or other employees of a community living arrangement;793 (2) Physical therapists;794 (3) Occupational therapists;795 (4) Coroners;796 (5) Medical examiners; 797 (6) Emergency medical services personnel, as such individuals are defined in Code798 Section 31-11-49;799 (7) Any person who is certified as an emergency medical technician, cardiac technician,800 paramedic, or first responder pursuant to Chapter 11 of Title 31;801 (8) Employees of a public or private agency engaged in profess ional health related802 services to residents; and803 H. B. 584 - 32 - 25 HB 584/AP (9) Clergy members.804 (b) Persons required to make a report pursuant to subsection (a) of this Code section shall805 also make a written report to the department within 24 hours after making the initial report.806 (c) Any other person who has knowledge that a resident or form er resident has been807 abused or exploited while residing in a community living arrangement may report or cause808 a report to be made to the department or the appropriate law enforcement agency.809 (d) An initial report of suspected abuse or exploitation shall include the following:810 (1) The name and address of the person making the report, unle ss such person is not811 required to make a report pursuant to subsection (a) of this Code section;812 (2) The name and address of the resident or former resident fo r which abuse or813 exploitation is suspected;814 (3) The name and address of the community living arrangement;815 (4) The name and extent of any known injuries or the condition relating to, or resulting816 from, the suspected abuse or exploitation;817 (5) The suspected cause of the abuse or exploitation; and818 (6) Any other information which the reporter reasonably believ es might be helpful in819 determining the cause of the resident's or former resident's in juries or condition and in820 determining the identity of the person or persons responsible for the suspected abuse or821 exploitation.822 (e) The department shall maintain accurate records which shall include all reports of823 suspected abuse or exploitation, the results of all investigati ons and administrative or824 judicial proceedings, and a summary of actions taken to assist the resident or former825 resident.826 (f) Any suspected abuse or exploitation which is required to b e reported by any person827 pursuant to this Code section shall be reported notwithstanding that the reasonable cause828 to believe such abuse or exploitation has occurred or is occurring is based in whole or in829 part upon any communication to that person which is otherwise m ade privileged or830 H. B. 584 - 33 - 25 HB 584/AP confidential by law; provided, however, that a member of the clergy shall not be required831 to report such matters confided to him or her solely within the context of confession or832 other similar communication required to be kept confidential un der church doctrine or833 practice. When a clergy member receives information about abuse or exploitation from834 any other source, such clergy member shall comply with the reporting requirements of this835 Code section, even though the clergy member may have also recei ved a report of such836 matters from the confession of the perpetrator.837 37-13-22.838 (a) Immediately after the receipt of any report of suspected a buse or exploitation, the839 department shall make and document a determination as to whethe r such report requires840 an investigation. The department may, through its rules, regulations, or policies, limit the841 scope of any investigation and may delegate all or part of its authority to investigate to the842 appropriate law enforcement agency or other appropriate investigating agencies. If such843 delegation occurs, the agency to which authority has been delegated shall report the results844 of its investigation to the department immediately upon completion of such investigation.845 (b) The investigation shall determine the nature, cause, and extent of the suspected abuse846 or exploitation reported, an assessment of the current condition of the resident or former847 resident, and an assessment of any needed action or service. W here appropriate, the848 investigation shall include a prompt in-person visit to the resident or former resident.849 (c) The investigating agency shall collect and preserve all evidence relating to, or resulting850 from, the suspected abuse or exploitation.851 (d) All state, county, and municipal law enforcement agencies, employees of community852 living arrangements, and other appropriate persons shall cooperate with the department or853 investigating agency in the administration of this article.854 37-13-23.855 H. B. 584 - 34 - 25 HB 584/AP (a) Upon the receipt of the results of an investigation conducted pursuant to Code Section856 37-13-22, the department, in cooperation with the investigating agency, shall immediately857 evaluate such results to determine what actions, if any, shall be taken to assist the resident858 or former resident.859 (b) The department or agency designated by the department shall assist to prevent further860 harm to a resident or former resident who has been abused or exploited. The department861 may also take appropriate legal actions to assure the safety an d welfare of all other862 residents of the community living arrangement where necessary.863 (c) Within a reasonable time, not to exceed 30 days, after it has initiated action to assist864 a resident or former resident, the department shall determine the current condition of the865 resident or former resident, whether the abuse or exploitation has been abated, and whether866 continued assistance is necessary.867 (d) If, as a result of any investigation pursuant to this article, a determination is made that868 a resident or former resident has been abused or exploited, the department shall contact the869 appropriate prosecuting authority and provide all information a nd evidence to such870 prosecuting authority.871 37-13-24.872 (a) Any agency or person who in good faith makes a report or p rovides information or873 evidence pursuant to this article shall be immune from liability for such actions.874 (b) Neither the department nor its employees, when acting in g ood faith and with875 reasonable diligence, shall have any liability for defamation, invasion of privacy,876 negligence, or any other claim in connection with the collection or release of information877 pursuant to this article and neither shall be subject to suit based upon any such claims.878 37-13-25.879 H. B. 584 - 35 - 25 HB 584/AP The identities of the resident or former resident, the alleged perpetrator, and the person or880 persons making a report or providing information or evidence pursuant to this article shall881 not be disclosed to the public unless required to be revealed in court proceedings or upon882 the written consent of the person whose identity is to be revealed or as otherwise required883 by law. Upon the resident's or the former resident's, or his or her representative's, request,884 the department shall make information obtained in an abuse or e xploitation report and885 investigation available to the allegedly abused or exploited resident, the allegedly abused886 or exploited former resident, or his or her representative for inspection or duplication,887 except that such disclosure shall be made without revealing the identity of any other888 resident, the person making the report, or persons providing in formation by name or889 inference. For the purpose of this Code section, the term 'representative' means any person890 authorized in writing by the resident or former resident or app ointed by an appropriate891 court to act upon the resident's or former resident's behalf. The term 'representative' also892 means a family member of a deceased or physically or mentally i mpaired resident or 893 former resident unable to grant authorization; provided, howeve r, that such family 894 members who do not have written or court authorization shall no t be authorized by this895 Code section to receive the resident's or former resident's cli nical records as defined in896 Code Section 37-3-1, 37-4-2, or 37-7-1. Nothing in this Code section shall be construed897 to deny agencies participating in joint investigations at the r equest of and with the898 department, or conducting separate investigations of abuse or e xploitation within an899 agency's scope of authority, or law enforcement personnel who a re conducting an900 investigation into any criminal offense in which a resident or former resident is a victim901 from having access to such records.902 37-13-26.903 No person or community living arrangement shall discriminate or retaliate in any manner904 against any person for making a report or providing information pursuant to this article or905 H. B. 584 - 36 - 25 HB 584/AP against any resident or former resident who is the subject of a report. Nothing in this Code906 section shall be construed to prohibit the termination of the r elationship between the907 community living arrangement and the resident for reasons other than that the community908 living arrangement has been made the subject of a report, that such a report has been made,909 or that information has been provided pursuant to this article.910 37-13-27.911 The department shall prepare a written notice describing the re porting requirements set912 forth in this article. Such notice shall be distributed to all community living arrangements913 in this state, and copies thereof shall be posted in conspicuous locations within community914 living arrangements."915 PART V916 Effective date917 SECTION 5-1.918 This Act shall become effective on January 1, 2026.919 PART VI920 Repealer921 SECTION 6-1.922 All laws and parts of laws in conflict with this Act are repealed.923 H. B. 584 - 37 -