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,
drugs, and cosmetics, health, and mental health, respectively, so as to reassign licensing and
oversight of drug abuse treatment and education 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; to provide for departmental regulation of such licensed
programs; to provide for definitions; to provide for a schedule of fees; to provide for
departmental enforcement; to provide civil penalties; to provide for the promulgation of rules
and regulations; to authorize the issuance of emergency orders in certain circumstances; to
provide for emergency plans; to authorize on-site inspections; to provide protections for
residents and former residents in community living arrangements; to require reports by
certain persons concerning suspected abuse or exploitation; to provide for the Department
of Behavioral Health and Developmental Disabilities and certain law enforcement agency
duties; to provide for confidentiality of reports; to provide immunity for certain persons; to
prohibit retaliation; to revise and provide definitions; to amend various titles of the Official
Code of Georgia Annotated, so as to make conforming changes; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
Drug Abuse Treatment and Education Programs and Narcotic Treatment Programs
SECTION 1-1.
Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics,
is amended in Chapter 5, relating to drug abuse treatment and education programs, by
revising Code Section 26-5-3, relating to definitions, as follows:
"26-5-3.
As used in this article, the term:
(1) 'Department' means the Department of <del>Community</del> <ins>Behavioral</ins> Health <ins>and
Developmental Disabilities</ins> or its successor.
(2) 'Drug abuse treatment and education program' means any system of treatment or
therapeutic advice or counsel provided for the rehabilitation of drug dependent persons
and shall include programs offered in the following types of facilities:
(A) Residential care centers. A facility staffed by professional and paraprofessional
persons offering treatment or therapeutic programs for drug dependent persons who live
on the premises; and
(B) Nonresidential care centers. A non-live-in facility, staffed by professional and
paraprofessional persons, offering treatment or therapeutic programs for drug
dependent persons who do not live on the premises.
(3) 'Drug dependent person' means a person who is in imminent danger of becoming
dependent upon or addicted to the use of drugs or who habitually lacks self-control as to
the use of drugs or who uses drugs to the extent that his <ins>or her</ins> health is substantially
impaired or endangered or his <ins>or her</ins> social or economic function is substantially
disrupted.
(4) 'Drugs' means any substance defined as a drug by federal or Georgia law or any other
chemical substance which may be used in lieu of a drug to obtain similar effects, with the
exception of alcohol and its derivatives.
(5) 'Governing body' means the <del>county board of health</del> <ins>community service board,</ins> the
partnership, the corporation, the association, or the person or group of persons who
maintains and controls the program and who is legally responsible for the operation.
(6) 'License' means the official permit issued by the <del>director</del> <ins>department</ins> which authorizes
the holder to operate a drug abuse treatment and education program for the term provided
therein.
(7) 'Licensee' means any person holding a license or provisional license issued by the
<del>director</del> <ins>department</ins> under this article.
(8) 'Program' means the drug abuse treatment and education program."
SECTION 1-2.
Said title is further amended in said chapter by revising Code Section 26-5-6, relating to
promulgation of rules and regulations, as follows:
"26-5-6.
The department is authorized and directed to create and promulgate all rules and
regulations necessary for the implementation of this article. <ins>Any rule and regulation
created by the Department of Community Health and in effect on December 31, 2025, shall
continue to be in effect and shall be enforceable by the department until such time as such
rule or regulation is amended or revoked by the department."
</ins> SECTION 1-3.
Said title is further amended in said chapter by revising Code Section 26-5-7, relating to
license required, as follows:
"26-5-7.
No governing body shall operate a drug abuse treatment and education program without
having a valid license or provisional license issued pursuant to this article. <ins>Any license or
provisional license issued to a program by the Department of Community Health on
December 31, 2025, shall be valid until revoked or renewed by the department, surrendered
by the licensee, or otherwise terminated."
</ins> SECTION 1-4.
Said title is further amended in said chapter by revising Code Section 26-5-10, relating to
issuance of license and revocation of suspension, as follows:
"26-5-10.
<ins>(a)</ins> The department may, upon submission of an application, with proof of accreditation
by a voluntary accreditation agency approved by the department, issue a license based upon
the findings of the accreditation agency. <del>The</del> <ins>Such</ins> license may be issued without an
on-site visit by the department representative. Any denial, suspension, or revocation of the
voluntary accreditation agency shall result in an automatic revocation or suspension of the
license issued <del>under</del> <ins>pursuant to</ins> this Code section, and the <del>holder must apply</del> <ins>licensee shall
reapply</ins> for a new license as provided for in this article.
<ins>(b) The department shall not be bound by any policy or practice of the Department of
Community Health in effect on December 31, 2025, in determining whether to issue a
license based on the findings of an accreditation agency pursuant to subsection (a) of this
Code section."
</ins> SECTION 1-5.
Said title is further amended in said chapter by revising Code Section 26-5-23, relating to
publication of annual report, as follows:
"26-5-23.
The <del>Department of Community Health and the Department of Behavioral Health and
Developmental Disabilities</del> <ins>department</ins> shall publish an annual report using data from the
department's central registry data base on the number of patients in enrolled treatment, the
number of patients discharged from treatment, each patient's state of residence, and <ins>any
</ins> other information <ins>as</ins> determined by the <del>departments</del> <ins>department.</ins> Such published report
shall exclude patient identifying information and be compliant with state and federal laws."
SECTION 1-6.
Said title is further amended in said chapter by revising Code Section 26-5-41, relating to
definitions regarding enforcement of narcotic treatment programs, as follows:
"26-5-41.
As used in this article, the term:
(1) 'Department' means the Department of <del>Community</del> <ins>Behavioral</ins> Health <ins>and
Developmental Disabilities</ins> <del>or its successor.
</del> (2) 'Governing body' means the <del>county board of health</del> <ins>community service board,</ins> the
partnership, the corporation, the association, or the person or group of persons who
maintains and controls a narcotic treatment program, who is legally responsible for its
operation, and who holds the license <ins>or provisional license</ins> to operate that program.
(3) 'License' means the official permit issued by the department that authorizes the holder
to operate a narcotic treatment program for the term provided therein.
(4) 'Licensee' means any person holding a license or provisional license issued by the
department under this article.
(5) 'Narcotic treatment program' means any system of treatment provided for chronic
heroin or opiate-like drug-dependent individuals that administers narcotic drugs under
physicians' orders either for detoxification purposes or for maintenance treatment in a
rehabilitative context offered by any <del>county board of health</del> <ins>community service board,
</ins>
partnership, corporation, association, or person or groups of persons engaged in such
administration.
(6) 'Patient' means any individual who undergoes treatment in a narcotic treatment
program."
SECTION 1-7.
Said title is further amended in said chapter by revising Code Section 26-5-43, relating to
rules and regulations, as follows:
"26-5-43.
The department is authorized and directed to create and promulgate all rules and
regulations necessary for the implementation of this article. <ins>Any rule and regulation
created by the Department of Community Health and in effect on December 31, 2025, shall
continue to be in effect and shall be enforceable by the department until such time as such
rule or regulation is amended or revoked by the department."
</ins> SECTION 1-8.
Said title is further amended in said chapter by revising Code Section 26-5-44, relating to
license required, as follows:
"26-5-44.
No governing body shall operate a narcotic treatment program without having a valid
license or provisional license issued pursuant to this article. <ins>Any license or provisional
license issued to a narcotic treatment program by the Department of Community Health on
December 31, 2025, shall be valid until revoked or renewed by the department, surrendered
by the licensee, or otherwise terminated."
</ins>
SECTION 1-9.
Said title is further amended in said chapter by revising subsection (a) of Code Section
26-5-47, relating to application review and requirements and nontransferability, as follows:
"(a) The department shall, consistent with the requirements of this Code section, establish
an application review process committee. <del>The members of the committee shall include
representation from department staff members and the Department of Behavioral Health
and Developmental Disabilities."
</del> SECTION 1-10.
Said title is further amended in said chapter by revising Code Section 26-5-56, relating to
confidentiality of patient information, as follows:
"26-5-56.
<ins>(a)</ins> For the purpose of providing more effective treatment and rehabilitation, the records
and name of any drug dependent person who seeks or obtains treatment, therapeutic advice,
or counsel from any program licensed under this chapter shall be confidential and shall not
be revealed except to the extent authorized in writing by the drug dependent person
affected; <del>furthermore, any.</del> <ins>Any</ins> communication by such drug dependent person to an
authorized employee of <del>any holder of a license</del> <ins>any licensee</ins> shall be deemed confidential;
provided, however, that, except for matters privileged under other laws of this state, the
records of such person and information about such person shall be produced in response
to a valid court order of any court of competent jurisdiction after a full and fair show-cause
hearing and in response to a departmental request for access for licensing purposes when
such request is accompanied by a written statement that no record of patient identifying
information will be made.
<ins>(b) Nothing in this Code section shall be construed to prevent the department from
operating a central registry pursuant to Code Section 26-5-60, and nothing in this Code
section shall prevent or inhibit narcotic treatment programs from providing the department
</ins>
<ins>with requested information for the purpose of maintaining such central registry or for
maintaining any other registry or database as required by federal law or regulation."
</ins> PART II
Departmental Reassignment
SECTION 2-1.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising
subsection (d) of Code Section 31-2-4, relating to the department's powers, duties, functions,
and responsibilities, divisions, directors, and contracts for health benefits, as follows:
"(d) In addition to its other powers, duties, and functions, the department:
(1) Shall be the lead agency in coordinating and purchasing health care benefit plans for
state and public employees, dependents, and retirees and may also coordinate with the
board of regents for the purchase and administration of such health care benefit plans for
its members, employees, dependents, and retirees;
(2) Is authorized to plan and coordinate medical education and physician work force
issues;
(3) Shall investigate the lack of availability of health insurance coverage and the issues
associated with the uninsured population of this state. In particular, the department is
authorized to investigate the feasibility of creating and administering insurance programs
for small businesses and political subdivisions of the state and to propose cost-effective
solutions to reducing the numbers of uninsured in this state;
(4) Is authorized to appoint a health care work force policy advisory committee to
oversee and coordinate work force planning activities;
(5) Is authorized to solicit and accept donations, contributions, and gifts and receive,
hold, and use grants, devises, and bequests of real, personal, and mixed property on
behalf of the state to enable the department to carry out its functions and purposes;
(6) Is authorized to award grants, as funds are available, to hospital authorities, hospitals,
and medical-legal partnerships for public health purposes, pursuant to Code Sections
31-7-94 and 31-7-94.1 and paragraph (11) of this subsection;
(7) Shall make provision for meeting the cost of hospital care of persons eligible for
public assistance to the extent that federal matching funds are available for such
expenditures for hospital care. To accomplish this purpose, the department is authorized
to pay from funds appropriated for such purposes the amount required under this
paragraph into a trust fund account which shall be available for disbursement for the cost
of hospital care of public assistance recipients. The commissioner, subject to the
approval of the Office of Planning and Budget, on the basis of the funds appropriated in
any year, shall estimate the scope of hospital care available to public assistance recipients
and the approximate per capita cost of such care. Monthly payments into the trust fund
for hospital care shall be made on behalf of each public assistance recipient and such
payments shall be deemed encumbered for assistance payable. Ledger accounts
reflecting payments into and out of the hospital care fund shall be maintained for each of
the categories of public assistance established under Code Section 49-4-3. The balance
of state funds in such trust fund for the payment of hospital costs in an amount not to
exceed the amount of federal funds held in the trust fund by the department available for
expenditure under this paragraph shall be deemed encumbered and held in trust for the
payment of the costs of hospital care and shall be rebudgeted for this purpose on each
quarterly budget required under the laws governing the expenditure of state funds. The
state auditor shall audit the funds in the trust fund established under this paragraph in the
same manner that any other funds disbursed by the department are audited;
<del>(8) Shall classify and license community living arrangements in accordance with the
rules and regulations promulgated by the department for the licensing and enforcement
of licensing requirements for persons whose services are financially supported, in whole
or in part, by funds authorized through the Department of Behavioral Health and
</del>
<del>Developmental Disabilities. To be eligible for licensing as a community living
arrangement, the residence and services provided must be integrated within the local
community. All community living arrangements licensed by the department shall be
subject to the provisions of Code Sections 31-2-8 and 31-7-2.2. No person, business
entity, corporation, or association, whether operated for profit or not for profit, may
operate a community living arrangement without first obtaining a license or provisional
license from the department. A license issued pursuant to this paragraph is not assignable
or transferable. As used in this paragraph, the term 'community living arrangement'
means any residence, whether operated for profit or not, which undertakes through its
ownership or management to provide or arrange for the provision of housing, food, one
or more personal services, support, care, or treatment exclusively for two or more persons
who are not related to the owner or administrator of the residence by blood or marriage;
(9)(8)</del> Shall establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' a schedule of fees for licensure activities for institutions
and other health care related entities required to be licensed, permitted, registered,
certificated, or commissioned by the department pursuant to Chapter 7, 13, 23, or 44 of
this title, <del>Chapter 5 of Title 26, paragraph (8) of this subsection,</del> or Article 7 of Chapter
6 of Title 49. Such schedules shall be determined in a manner so as to help defray the
costs incurred by the department, but in no event to exceed such costs, both direct and
indirect, in providing such licensure activities. Such fees may be annually adjusted by
the department but shall not be increased by more than the annual rate of inflation as
measured by the Consumer Price Index, as reported by the Bureau of Labor Statistics of
the United States Department of Labor. All fees paid thereunder shall be paid into the
general funds of the State of Georgia. It is the intent of the General Assembly that the
proceeds from all fees imposed pursuant to this paragraph be used to support and improve
the quality of licensing services provided by the department;
<del>(10)(A)(9)(A)</del> May accept the certification or accreditation of an entity or program by
a certification or accreditation body, in accordance with specific standards, as evidence
of compliance by the entity or program with the substantially equivalent departmental
requirements for issuance or renewal of a permit or provisional permit, provided that
such certification or accreditation is established prior to the issuance or renewal of such
permits. The department may not require an additional departmental inspection of any
entity or program whose certification or accreditation has been accepted by the
department, except to the extent that such specific standards are less rigorous or less
comprehensive than departmental requirements. Nothing in this Code section shall
prohibit either departmental inspections for violations of such standards or requirements
or the revocation of or refusal to issue or renew permits, as authorized by applicable
law, or for violation of any other applicable law or regulation pursuant thereto.
(B) For purposes of this paragraph, the term:
(i) 'Entity or program' means an agency, center, facility, institution, <del>community living
arrangement, drug abuse treatment and education program,</del> or entity subject to
regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title;
<del>Chapter 5 of Title 26; paragraph (8) of this subsection;</del> and Article 7 of Chapter 6 of
Title 49.
(ii) 'Permit' means any license, permit, registration, certificate, or commission issued
by the department pursuant to the provisions of the law cited in division (i) of this
subparagraph;
<del>(11)(A)(10)(A)</del> Is authorized to approve medical-legal partnerships that comply with
standards and guidelines established for such programs for purposes of determining
eligibility for grants. The department shall seek input from legal services organizations,
community health advocacy organizations, hospitals, diagnostic and treatment centers,
and other primary and specialty health care providers in establishing such standards and
guidelines.
(B) For purposes of this paragraph, the term 'medical-legal partnership' means a
program conducted or established by a nonprofit entity through a collaboration pursuant
to a written agreement between one or more medical service providers and one or more
legal services programs, including those based within a law school, to provide legal
services without charge to assist income-eligible individuals and their families in
resolving legal matters or other needs that have an impact on the health of such
individuals and families. Written agreements may include a memorandum of
understanding or other agreement relating to the operations of the partnership and
encompassing the rights and responsibilities of each party thereto. The medical service
provider or providers may provide referrals of its patients to the legal services program
or programs on matters that may potentially impact the health, health care, or the health
care costs of a patient.
(C) A medical-legal partnership that complies with the standards and guidelines
established pursuant to this paragraph and has demonstrated the ability and experience
to provide high quality patient centered legal services regarding legal matters or other
needs that have an impact on the health of individuals and families shall be approved
by the department.
(D) This paragraph shall not be construed to require any medical-legal partnership or
similar entity to seek or attain approval pursuant to this paragraph in order to operate;
<del>(12)(11)</del> In cooperation with the Department of Corrections and the State Board of
Pardons and Paroles, shall establish and implement a Medicaid eligibility determination
procedure so that inmates being considered for parole who are eligible for long-term care
services may apply for Medicaid; and
<del>(13)(12)</del> Shall request federal approval for and facilitate the application of certificates
of need for facilities capable of providing long-term care services, with Medicaid as the
primary funding source, to inmates who are eligible for such services and funding upon
his or her release from a public institution, as such term is defined in Code Section
49-4-31."
SECTION 2-2.
Said title is further amended by revising subsection (a) of Code Section 31-2-8, relating to
actions against certain applicants or licensees, as follows:
"(a) This Code section shall be applicable to any agency, center, facility, institution,
community living arrangement, drug abuse treatment and education program, or entity
subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title;
Chapter 5 of Title 26; <del>paragraph (8) of subsection (d) of Code Section 31-2-4;</del> and Article
7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be
used to refer to any license, permit, registration, or commission issued by the department
pursuant to the provisions of the law cited in this subsection."
SECTION 2-3.
Said title is further amended by revising Code Section 31-7-2.2, relating to determination that
patients or residents in an institution, community living arrangement, or treatment program
are in danger, relocation of patients or residents, and suspension of admissions, as follows:
"31-7-2.2.
(a)(1) The commissioner may order the emergency relocation of patients or residents
from an institution subject to licensure under this chapter, <del>a community living
arrangement subject to licensure under paragraph (8) of subsection (d) of Code Section
31-2-4, or a drug abuse treatment and education program subject to licensure under
Chapter 5 of Title 26</del> when <del>the commissioner</del> <ins>he or she</ins> has determined that the patients
or residents are subject to an imminent and substantial danger.
(2) When an order is issued under this subsection, the commissioner shall provide for:
(A) Notice to the patient or resident, his or her next of kin or guardian, and his or her
physician of the emergency relocation and the reasons therefor;
(B) Relocation to the nearest appropriate institution, <del>community living arrangement,
or drug abuse treatment and education program;</del> and
(C) Other protection designed to ensure the welfare and, when possible, the desires of
the patient or resident.
(b)(1) The commissioner may order the emergency placement of a monitor in an
institution subject to licensure under this chapter, <del>a community living arrangement
subject to licensure under paragraph (8) of subsection (d) of Code Section 31-2-4, or a
drug abuse treatment and education program subject to licensure under Chapter 5 of
Title 26</del> when one or more of the following conditions are present:
(A) The institution, <del>community living arrangement, or drug abuse treatment and
education program</del> is operating without a permit or a license;
(B) The department has denied application for a permit or a license or has initiated
action to revoke the existing permit or license of the institution, <del>community living
arrangement, or drug abuse treatment and education program;
</del> (C) The institution, <del>community living arrangement, or drug abuse treatment and
education program</del> is closing or plans to close and adequate arrangements for relocation
of the patients or residents have not been made at least 30 days before the date of
closure; or
(D) The health, safety, security, rights, or welfare of the patients or residents cannot
be adequately assured by the institution, <del>community living arrangement, or drug abuse
treatment and education program.
</del> (2) A monitor may be placed, pursuant to this subsection, in an institution, <del>community
living arrangement, or drug abuse treatment and education program</del> for no more than ten
days, during which time the monitor shall observe conditions and compliance with any
recommended remedial action of the department by the institution, <del>community living
</del>
<del>arrangement, or drug abuse treatment and education program.</del> The monitor shall report
to the department. The monitor shall not assume any administrative responsibility within
the institution, <del>community living arrangement, or drug abuse treatment and education
program</del> nor shall the monitor be liable for any actions of the institution, <del>community
living arrangement, or drug abuse treatment and education program.</del> The costs of placing
a monitor in an institution, <del>community living arrangement, or drug abuse treatment and
education program</del> shall be paid by the institution, <del>community living arrangement, or
drug abuse treatment and education program</del> unless the order placing the monitor is
determined to be invalid in a contested case proceeding under subsection (d) of this Code
section, in which event the costs shall be paid by the state.
(c)(1) The commissioner may order the emergency prohibition of admissions to an
institution subject to licensure under this chapter, <del>a community living arrangement
subject to licensure under paragraph (8) of subsection (d) of Code Section 31-2-4, or
program subject to licensure under Chapter 5 of Title 26</del> when such institution,
<del>community living arrangement, or drug abuse treatment and education program</del> has failed
to correct a violation of departmental permit rules or regulations within a reasonable
period of time, as specified in the department's corrective order, and the violation:
(A) Could jeopardize the health and safety of the residents or patients in the institution,
<del>community living arrangement, or drug abuse treatment and education program</del> if
allowed to remain uncorrected; or
(B) Is a repeat violation over a 12 month period, which is intentional or due to gross
negligence.
(2) Admission to an institution, <del>community living arrangement, or drug abuse treatment
and education program</del> may be suspended until the violation has been corrected or until
the department has determined that the institution, <del>community living arrangement, or
drug abuse treatment and education program</del> has undertaken the action necessary to effect
correction of the violation.
(d) The commissioner may issue emergency orders pursuant to this Code section only if
authorized by rules and regulations of the department. Unless otherwise provided in the
order, an emergency order shall become effective immediately. The department shall hold
a preliminary hearing within ten days following a request therefor by any institution,
<del>community living arrangement, or drug abuse treatment and education program</del> affected
by an emergency order. If, at the preliminary hearing, the order is determined by the
department to be invalid, that order shall thereupon become void and of no effect. If, at the
preliminary hearing, the order is determined by the department to be valid, that
determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' and that order shall remain in effect until determined
invalid in a proceeding regarding the contested case or until rescinded by the
commissioner, whichever is earlier. For purposes of this subsection, an emergency order
is valid only if the order is authorized to be issued under this Code section and rules and
regulations relating thereto.
(e) The powers provided by this Code section are cumulative of all other powers of the
department, board, and commissioner."
SECTION 2-4.
Said title is further amended by revising paragraph (3) of Code Section 31-7-430, relating
to definitions relative to designated essential caregivers, as follows:
"(3) 'Long-term care facility' means a skilled nursing home, intermediate care home,
personal care home, assisted living community, <del>community living arrangement,</del> or
inpatient hospice facility licensed or permitted to operate pursuant to this chapter <ins>and any
community living arrangement licensed by the Department of Behavioral Health and
Developmental Disabilities pursuant to Article 1 of Chapter 13 of Title 37."
</ins> SECTION 2-5.
Said title is further amended by revising paragraph (3) of Code Section 31-8-81, relating to
definitions relative to reporting abuse or exploitation, as follows:
"(3) 'Long-term care facility' or 'facility' means any skilled nursing home, intermediate
care home, assisted living community, <ins>or</ins> personal care home, <del>or community living
arrangement</del> now or hereafter subject to regulation and licensure by the department."
PART III
Departmental Regulation of Licensed Programs
SECTION 3-1.
Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by
adding a new article to Chapter 2, relating to administration of mental health, developmental
disabilities, addictive disabilities, and other disability services, to read as follows:
<ins>"ARTICLE 3
37-2-70.
(a) As used in this article, the term:
(1) 'Adult residential mental health program' means a program licensed by the
department under Article 7 of Chapter 3 of this title.
(2) 'Applicant' means any individual affiliated with a partnership, corporation,
association, or individuals or groups of individuals submitting an application to operate
an adult residential mental health program, community living arrangement, drug abuse
treatment and education program, or narcotic treatment program.
(3) 'Community living arrangement' means a group home licensed by the department
under Chapter 13 of this title.
</ins>
<ins>(4) 'Drug abuse treatment and education program' means a treatment program licensed
by the department under Article 1 of Chapter 5 of Title 26.
(5) 'License' means the official permit issued by the department on or after January 1,
2026; provided, however, that such term shall also include an official permit issued by
the Department of Community Health on December 31, 2025.
(6) 'Licensee' means any person holding a license issued by the department to operate an
adult residential mental health program, community living arrangement, drug abuse
treatment and education program, or narcotic treatment program.
(7) 'Narcotic treatment program' means a treatment program licensed by the department
under Article 2 of Chapter 5 of Title 26.
37-2-71.
The department shall establish by rule adopted pursuant to Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act,' a schedule of fees for licensure activities for adult
residential mental health programs, community living arrangements, drug treatment and
education programs, and narcotic treatment programs required to be licensed by the
department. Such schedules shall be determined in a manner so as to help defray the costs
incurred by the department, but in no event to exceed such costs, both direct and indirect,
in providing such licensure activities. Such fees may be annually adjusted by the
department but shall not be increased by more than the annual rate of inflation as measured
by the Consumer Price Index as reported by the Bureau of Labor Statistics of the United
States Department of Labor. All fees paid thereunder shall be paid into the general fund
of the State of Georgia. It is the intent of the General Assembly that the proceeds from all
fees imposed pursuant to this Code section be used to support and improve the quality of
licensing services provided by the department.
37-2-72.
</ins>
<ins>(a) The department shall have the authority to take any of the actions enumerated in
subsection (b) of this Code section upon a finding that the applicant or licensee has:
(1) Knowingly made any false statement of material information in connection with the
application for a license, or in statements made or on documents submitted to the
department as part of an inspection, survey, or investigation, or in the alteration or
falsification of records maintained by the adult residential mental health program,
community living arrangement, drug treatment and education program, or narcotic
treatment program;
(2) Failed or refused to provide the department with access to the premises subject to
regulation or information pertinent to the initial or continued licensing of the adult
residential mental health program, community living arrangement, drug treatment and
education program, or narcotic treatment program;
(3) Failed to comply with the licensing requirements of this state; or
(4) Failed to comply with any provision of this Code section.
(b) When the department finds that any applicant or licensee has violated any provision
of subsection (a) of this Code section or laws, rules, regulations, or formal orders related
to the initial or continued licensing of an adult residential mental health program,
community living arrangement, drug treatment and education program, or narcotic
treatment program, the department, subject to notice and opportunity for hearing, may take
any of the following actions:
(1) Refuse to grant a license; provided, however, that the department may refuse to grant
a license without holding a hearing prior to taking such action;
(2) Administer a public reprimand;
(3) Suspend any license for a definite period or for an indefinite period in connection
with any condition which may be attached to the restoration of such license;
(4) Prohibit any applicant or licensee from allowing a person who previously was
involved in the management or control, as defined by rule, of any adult residential mental
</ins>
<ins>health program, community living arrangement, drug treatment and education program,
or narcotic treatment program which has had its license or application revoked or denied
within the past 12 months to be involved in the management or control of such program
or arrangement;
(5) Revoke any license;
(6) Impose a fine of up to $2,000.00 per day for each violation of a law, rule, regulation,
or formal order related to the initial or ongoing licensing of any applicant or licensee, up
to a total of $40,000.00; or
(7) Limit or restrict any license as the department deems necessary for the protection of
the public, including, but not limited to, restricting some or all services of or admissions
into an adult residential mental health program, community living arrangement, drug
treatment and education program, or narcotic treatment program for a time certain.
In taking any of the actions enumerated in this subsection, the department shall consider
the seriousness of the violation, including the circumstances, extent, and gravity of the
prohibited acts, and the hazard or potentional hazard created to the health or safety of the
public.
(c) The department may deny a license or otherwise restrict a license from any applicant
who has had a license denied, revoked, or suspended within one year of the date of an
application or who has transferred ownership or governing authority of an adult residential
mental health program, community living arrangement, drug treatment and education
program, or narcotic treatment program subject to regulation by the department within one
year of the date of a new application when such transfer was made in order to avert denial,
revocation, or suspension of a license or to avert the payment of fines assessed by the
department pursuant to this Code section.
(d) With regard to any contested case instituted by the department pursuant to this Code
section or other provisions of law which may now or hereafter authorize remedial or
disciplinary grounds and action, the department may, in its discretion, dispose of the action
</ins>
<ins>so instituted by settlement. In such cases, all parties, successors, and assigns to any
settlement agreement shall be bound by the terms specified therein, and violation thereof
by any applicant or licensee shall constitute grounds for any action enumerated in
subsection (b) of this Code section.
(e) The department shall have the authority to make public or private investigations or
examinations inside or outside of this state to determine whether the provisions of this
Code section or any other law, rule, regulation, or formal order relating to the licensing of
any adult residential mental health program, community living arrangement, drug treatment
and education program, or narcotic treatment program has been violated. Such
investigations may be initiated at any time, in the discretion of the department, and may
continue during the pendency of any action initiated by the department pursuant to
subsection (b) of this Code section.
(f) For the purpose of conducting any investigation, inspection, or survey, the department
shall have the authority to require the production of any books, records, papers, or other
information related to the initial or continued licensing of any adult residential mental
health program, community living arrangement, drug treatment and education program, or
narcotic treatment program.
(g) Pursuant to the investigation, inspection, and enforcement powers given to the
department by this Code section and other applicable laws, the department may assess
against an adult residential mental health program, community living arrangement, drug
treatment and education program, or narcotic treatment program reasonable and necessary
expenses incurred by the department pursuant to any administrative or legal action required
by the failure of such program or arrangement to fully comply with the provisions of any
law, rule, regulation, or formal order related to the initial or continued licensing.
Assessments shall not include attorney's fees and expenses of litigation, shall not exceed
other actual expenses, and shall only be assessed if such investigation, inspection, or
</ins>
<ins>enforcement actions result in adverse findings, as finally determined by the department,
pursuant to administrative or legal action.
(h) For any action taken or any proceeding held under this Code section or under color of
law, except for gross negligence or willful or wanton misconduct, the department, when
acting in its official capacity, shall be immune from liability and suit to the same extent that
any judge of any court of general jurisdiction in this state would be immune.
(i) In an administrative or legal proceeding under this Code section, a person or entity
claiming an exemption or an exception granted by law, rule, regulation, or formal order has
the burden of proving such exemption or exception.
(j) This Code section and all actions resulting from its provisions shall be administered in
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(k) The provisions of this Code section shall be supplemental to and shall not operate to
prohibit the department from acting pursuant to any provisions of law which may now or
hereafter authorize remedial or disciplinary grounds and action for the department. In
cases where such other provisions of law so authorize other disciplinary grounds and
actions, but this Code section limits such grounds or actions, such other provisions shall
apply.
(l) The department is authorized to promulgate rules and regulations to implement the
provisions of this Code section.
37-2-73.
(a)(1) The commissioner may order the emergency relocation of residents from an adult
residential mental health program, community living arrangement, drug treatment and
education program, or narcotic treatment program subject to licensure by the department
when he or she has determined that the residents are subject to an imminent and
substantial danger.
(2) When an order is issued under this subsection, the commissioner shall provide for:
</ins>
<ins>(A) Notice to the resident and his or her next of kin or guardian of the emergency
relocation and the reasons therefor;
(B) Relocation to the nearest appropriate adult residential mental health program,
community living arrangement, drug treatment and education program, narcotic
treatment program, or other appropriate setting; and
(C) Other protection designed to ensure the welfare and, when possible, the desires of
the resident.
(b)(1) The commissioner may order the emergency placement of a monitor in an adult
residential mental health program, community living arrangement, drug treatment and
education program, or narcotic treatment program, subject to licensure by the department,
when one or more of the following conditions are present:
(A) The adult residential mental health program, community living arrangement, drug
treatment and education program, or narcotic treatment program is operating without
a permit or a license;
(B) The department has denied application for a permit or a license or has initiated
action to revoke the existing permit or license of the licensee;
(C) The adult residential mental health program, community living arrangement, drug
treatment and education program, or narcotic treatment program is closing or plans to
close and adequate arrangements for relocation of the residents have not been made at
least 30 days before the date of closure; or
(D) The health, safety, security, rights, or welfare of the residents cannot be adequately
assured by the adult residential mental health program, community living arrangement,
drug treatment and education program, or narcotic treatment program.
(2) A monitor may be placed, pursuant to this subsection, in an adult residential mental
health program, community living arrangement, drug treatment and education program,
or narcotic treatment program for no more than ten days, during which time the monitor
shall observe conditions and compliance with any recommended remedial action of the
</ins>
<ins>department. The monitor shall report to the department. The monitor shall not assume
any administrative responsibility within the adult residential mental health program,
community living arrangement, drug treatment and education program, or narcotic
treatment program, nor shall the monitor be liable for any actions of the licensee. The
costs of placing a monitor in an adult residential mental health program, community
living arrangement, drug treatment and education program, or narcotic treatment program
shall be paid by the licensee unless the order placing the monitor is determined to be
invalid in a contested case proceeding under subsection (d) of this Code section, in which
event, the costs shall be paid by the state.
(c)(1) The commissioner may order the emergency prohibition of admissions to an adult
residential mental health program, community living arrangement, drug treatment and
education program, or narcotic treatment program when such licensee has failed to
correct a violation of departmental permit rules or regulations within a reasonable period
of time, as specified in the department's corrective order, and the violation:
(A) Could jeopardize the health and safety of the residents if allowed to remain
uncorrected; or
(B) Is a repeat violation over a 12 month period, which is intentional or due to gross
negligence.
(2) Admission to new residents may be suspended until the violation has been corrected
or until the department has determined that the licensee has undertaken the action
necessary to effect correction of the violation.
(d) The commissioner may issue emergency orders pursuant to this Code section only if
authorized by rules and regulations of the department. Unless otherwise provided in any
such order, an emergency order shall become effective immediately. The department shall
provide an opportunity for a preliminary hearing within ten days following a request
therefor by any adult residential mental health program, community living arrangement,
drug treatment and education program, or narcotic treatment program affected by an
</ins>
<ins>emergency order. If, at the preliminary hearing, the order is determined by the department
to be invalid, such order shall thereupon become void and of no effect. If, at the
preliminary hearing, the order is determined by the department to be valid, such
determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' and such order shall remain in effect until determined
invalid in a proceeding regarding the contested case or until rescinded by the
commissioner, whichever is earlier. For purposes of this subsection, an emergency order
is valid only if the order is authorized to be issued under this Code section and rules and
regulations relating thereto.
(e) The powers provided by this Code section shall be in addition to all other powers of
the department, board, and commissioner."
</ins> SECTION 3-2.
Said title is further amended by revising paragraphs (1) and (3) of Code Section 37-3-202,
relating to definitions regarding adult residential mental health services licenses, as follows:
"(1) 'Adult residential mental health program' means a subacute residential alternative
service of four or more residential beds authorized to provide psychiatric services for
mentally ill persons 18 years of age or older that operates 24 hours per day, 7 days per
week to provide intensive short-term noninstitutional treatment to individuals who are
temporarily in need of a 24-hour-per-day supportive therapeutic setting for prevention of
or transition from or after acute psychiatric hospitalization. Such term shall not include
crisis stabilization units, as defined in Code Section 37-1-29; community living
arrangements, as defined <del>by the Department of Behavioral Health and Developmental
Disabilities</del> <ins>in Code Section 37-13-1;</ins> mental health programs conducted by
accountability courts; or residential beds operated by a state or local public entity."
"(3) 'Department' means the Department of <del>Community</del> <ins>Behavioral</ins> Health <ins>and
Developmental Disabilities."
</ins>
SECTION 3-3.
Said title is further amended by revising subsection (b) of Code Section 37-3-205, relating
to regulatory and licensing authority, as follows:
"(b) The department is further authorized to issue, deny, suspend, or revoke <del>licenses</del> <ins>a
license</ins> or take other enforcement actions against <del>licensees or applicants</del> <ins>a licensee or
applicant</ins> as provided in <del>Code Section 31-2-8</del> <ins>Article 3 of Chapter 2 of this title."
</ins> SECTION 3-4.
Said title is further amended by revising subsection (a) of Code Section 37-3-206, relating
to licensing requirements and funding contingency, as follows:
"(a) On and after <del>July 1, 2025</del> <ins>January 1, 2026,</ins> no governing body shall operate an adult
residential mental health program without having a valid license or provisional license
issued pursuant to this article; provided, however, that hospitals licensed in accordance
with Chapter 7 of Title 31 are exempt from this article unless the hospital is operating an
adult residential mental health program that is separate and distinct from the licensed
hospital."
SECTION 3-5.
Said title is further amended by revising Code Section 37-3-208.1, relating to one-time
provisional license, as follows:
"Between July 1, 2022, and <del>June 30, 2025,</del> <ins>December 31, 2025,</ins> the <del>department</del> <ins>Department
of Community Health</ins> shall be authorized to grant a one-time provisional license for an
adult residential mental health program to an existing licensed personal care home that
substantially complies with the requirements of this article for a period not to extend
beyond <del>June 30,</del> <ins>December 31,</ins> 2025."
SECTION 3-6.
Said title is further amended by revising subsection (a) of Code Section 37-3-211, relating
to denial, suspension, or revocation of license, as follows:
"(a) The department is authorized to deny, suspend, or revoke a license issued under this
chapter for a violation of this chapter or a rule or regulation adopted under this chapter or
to take other disciplinary actions against <del>licensees</del> <ins>a licensee</ins> as provided in <del>Code Section
31-2-8</del> <ins>Article 3 of Chapter 2 of this title."
</ins> SECTION 3-7.
Said title is further amended by revising subsections (a), (c), and (d) of Code Section
37-3-215, relating to unlicensed residential mental health program and penalty, as follows:
"(a) On and after <del>July 1, 2025,</del> <ins>January 1, 2026,</ins> a <del>facility</del> <ins>program</ins> shall be deemed to be
an 'unlicensed adult residential mental health program' if it is unlicensed and not exempt
from licensure under this article and:
(1) The <del>facility</del> <ins>program</ins> is providing services and is operating as an adult residential
mental health program;
(2) The <del>facility</del> <ins>program</ins> is held out as or represented as providing services and operating
as an adult residential mental health program; or
(3) The <del>facility</del> <ins>program</ins> represents itself as a licensed adult residential mental health
program."
"(c) In addition to other remedies available to the department, the civil penalty authorized
by subsection (b) of this Code section shall be doubled if the <ins>program</ins> owner or operator
continues to operate the unlicensed adult residential mental health program, after receipt
of notice pursuant to subsection (b) of this Code section.
(d) The <ins>program</ins> owner or operator of an unlicensed adult residential mental health
program who is assessed a civil penalty in accordance with this Code section may <del>have
</del>
<del>review of such civil penalty by</del> appeal <ins>such civil penalty</ins> to the superior court in the county
in which the action arose or to the Superior Court of Fulton County."
SECTION 3-8.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is
amended by revising paragraphs (7) of Code Section 16-5-100, relating to definitions
relevant to protection of elder persons, as follows:
"(7) 'Long-term care facility' means any skilled nursing facility, intermediate care home,
assisted living community, <del>community living arrangement,</del> or personal care home subject
to regulation and licensure by the Department of Community Health <ins>and any community
living arrangement licensed by the Department of Behavioral Health and Developmental
Disabilities pursuant to Article 1 of Chapter 13 of Title 37."
</ins> SECTION 3-9.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
by revising subsection (d) of Code Section 50-18-160, relating to individuals or nonprofit
organizations, as follows:
"(12) Collection and use of personal information as permitted by statute, rule, or
regulation for purposes of administration of programs and services, regulatory oversight,
and ensuring compliance by prospective and approved contractors:
(A) By the Department of Human Services for purposes authorized in Article 1 of
Chapter 2 of Title 49;
(B) By the Department of Behavioral Health and Developmental Disabilities for
purposes authorized in <ins>Chapter 5 of Title 26 and</ins> Title 37;
(C) By the Department of Community Health for purposes authorized in <del>Chapter 5 of
Title 26, Title 31, Article 7 of Chapter 3 of Title 37,</del> Article 1 of Chapter 18 of Title 45,
Article 7 of Chapter 4 of Title 49, or Article 7 of Chapter 6 of Title 49; and
(D) By the Department of Juvenile Justice for purposes authorized in Chapter 4A of
Title 49."
PART IV
Community Living Arrangements
SECTION 4-1.
Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by
adding a new chapter to read as follows:
<ins>"CHAPTER 13
ARTICLE 1
37-13-1.
As used in this article, the term:
(1) 'Community living arrangement' means a group home that serves up to four
individuals with a developmental disability who require intense levels of residential
support and which services are financially supported, in whole or in part, by funds
authorized through the department and provides a range of interventions that focuses on
training and support in one or more of the following areas:
(A) Eating and drinking;
(B) Toileting;
(C) Personal grooming and healthcare;
(D) Dressing;
(E) Communication;
(F) Interpersonal relationships;
(G) Mobility;
(H) Home management; and
</ins>
<ins>(I) Use of leisure time.
(2) 'License' means the official permit issued by the department which authorizes the
holder to operate a community living arrangement for the term provided therein.
(3) 'Licensee' means any person holding a license issued by the department under this
article.
37-13-2.
(a) The department is authorized and directed to create and promulgate all rules and
regulations necessary for the implementation of this article; provided, however, that such
rules and regulations shall include physical plant health and safety standards, supplies,
services, staffing, admission agreements, resident rights, records, medications, nutrition,
discharge and transfer, and procedures addressing changes in condition or serious or
unusual incidents.
(b)(1) The department shall require a licensee to have a regularly rehearsed disaster
preparedness plan with which staff and residents shall comply in cases of emergent
events including, but not limited to, natural disasters, pandemics, fires, or interruption of
essential services such as a electrical power, heat, and water supply.
(2) Such disaster preparedness plan shall include written procedures with which staff
shall comply in the event of an emergency and shall include care of the resident,
notification of other individuals responsible for the resident, and plans for transportation,
alternative living arrangements or sheltering in place, emergency energy sources, or other
appropriate services.
(c) Any rule and regulation relating to community living arrangements created by the
Department of Community Health and in effect on December 31, 2025, shall continue to
be in effect and shall be enforceable by the department until such time as such rule or
regulation is amended or revoked by the department.
</ins>
<ins>37-13-3.
(a) No person, business entity, corporation, or association, whether operated for profit or
not for profit, may operate a community living arrangement without first obtaining a
license or provisional license issued by the department. A license issued by the department
is neither assignable nor transferable.
(b) Any license issued to a community living arrangement by the Department of
Community Health on December 31, 2025, shall be valid until renewed or revoked by the
department, surrendered by the licensee, or otherwise terminated.
37-13-4.
(a) The department shall be authorized to conduct periodic on-site inspections of any
licensee in this state.
(b) The department may accept proof of accreditation by a nationally recognized
healthcare accreditation body, in accordance with specific standards, as evidence of
compliance with one or more departmental requirements for issuance or renewal of a
license or provisional license.
(c) The department shall not be bound by any policy or practice of the Department of
Community Health in effect on December 31, 2025, in determining whether to issue a
license based on the findings of an accreditation agency pursuant to subsection (b) of this
Code section.
ARTICLE 2
37-13-20.
As used in this article, the term:
(1) 'Abuse' means any intentional or grossly negligent act or series of acts or intentional
or grossly negligent omission to act which causes injury to a resident, including, but not
</ins>
<ins>limited to, assault or battery, failure to provide treatment or care, or sexual harassment
of a resident.
(2) 'Community living arrangement' means any group home licensed by the department
pursuant to Article 1 of this chapter.
(3) 'Exploitation' means the illegal or improper use of a resident or a resident's resources
through undue influence, coercion, harassment, duress, deception, false representation,
false pretenses, or other similar means for one's own or another's profit or advantage.
(4) 'Resident' means any person receiving treatment or care in a community living
arrangement.
37-13-21.
(a) Any of the following persons who have reasonable cause to believe that a resident or
former resident has been abused or exploited while residing in a community living
arrangement shall immediately make a report as described in subsection (d) of this Code
section by telephone or in person to the department and to the appropriate law enforcement
agency or prosecuting attorney:
(1) Administrators, managers, or other employees of a community living arrangement;
(2) Physical therapists;
(3) Occupational therapists;
(4) Coroners;
(5) Medical examiners;
(6) Emergency medical services personnel, as such individuals are defined in Code
Section 31-11-49;
(7) Any person who is certified as an emergency medical technician, cardiac technician,
paramedic, or first responder pursuant to Chapter 11 of Title 31;
(8) Employees of a public or private agency engaged in professional health related
services to residents; and
</ins>
<ins>(9) Clergy members.
(b) Persons required to make a report pursuant to subsection (a) of this Code section shall
also make a written report to the department within 24 hours after making the initial report.
(c) Any other person who has knowledge that a resident or former resident has been
abused or exploited while residing in a community living arrangement may report or cause
a report to be made to the department or the appropriate law enforcement agency.
(d) An initial report of suspected abuse or exploitation shall include the following:
(1) The name and address of the person making the report, unless such person is not
required to make a report pursuant to subsection (a) of this Code section;
(2) The name and address of the resident or former resident for which abuse or
exploitation is suspected;
(3) The name and address of the community living arrangement;
(4) The name and extent of any known injuries or the condition relating to, or resulting
from, the suspected abuse or exploitation;
(5) The suspected cause of the abuse or exploitation; and
(6) Any other information which the reporter reasonably believes might be helpful in
determining the cause of the resident's or former resident's injuries or condition and in
determining the identity of the person or persons responsible for the suspected abuse or
exploitation.
(e) The department shall maintain accurate records which shall include all reports of
suspected abuse or exploitation, the results of all investigations and administrative or
judicial proceedings, and a summary of actions taken to assist the resident or former
resident.
(f) Any suspected abuse or exploitation which is required to be reported by any person
pursuant to this Code section shall be reported notwithstanding that the reasonable cause
to believe such abuse or exploitation has occurred or is occurring is based in whole or in
part upon any communication to that person which is otherwise made privileged or
</ins>
<ins>confidential by law; provided, however, that a member of the clergy shall not be required
to report such matters confided to him or her solely within the context of confession or
other similar communication required to be kept confidential under church doctrine or
practice. When a clergy member receives information about abuse or exploitation from
any other source, such clergy member shall comply with the reporting requirements of this
Code section, even though the clergy member may have also received a report of such
matters from the confession of the perpetrator.
37-13-22.
(a) Immediately after the receipt of any report of suspected abuse or exploitation, the
department shall make and document a determination as to whether such report requires
an investigation. The department may, through its rules, regulations, or policies, limit the
scope of any investigation and may delegate all or part of its authority to investigate to the
appropriate law enforcement agency or other appropriate investigating agencies. If such
delegation occurs, the agency to which authority has been delegated shall report the results
of its investigation to the department immediately upon completion of such investigation.
(b) The investigation shall determine the nature, cause, and extent of the suspected abuse
or exploitation reported, an assessment of the current condition of the resident or former
resident, and an assessment of any needed action or service. Where appropriate, the
investigation shall include a prompt in-person visit to the resident or former resident.
(c) The investigating agency shall collect and preserve all evidence relating to, or resulting
from, the suspected abuse or exploitation.
(d) All state, county, and municipal law enforcement agencies, employees of community
living arrangements, and other appropriate persons shall cooperate with the department or
investigating agency in the administration of this article.
37-13-23.
</ins>
<ins>(a) Upon the receipt of the results of an investigation conducted pursuant to Code Section
37-13-22, the department, in cooperation with the investigating agency, shall immediately
evaluate such results to determine what actions, if any, shall be taken to assist the resident
or former resident.
(b) The department or agency designated by the department shall assist to prevent further
harm to a resident or former resident who has been abused or exploited. The department
may also take appropriate legal actions to assure the safety and welfare of all other
residents of the community living arrangement where necessary.
(c) Within a reasonable time, not to exceed 30 days, after it has initiated action to assist
a resident or former resident, the department shall determine the current condition of the
resident or former resident, whether the abuse or exploitation has been abated, and whether
continued assistance is necessary.
(d) If, as a result of any investigation pursuant to this article, a determination is made that
a resident or former resident has been abused or exploited, the department shall contact the
appropriate prosecuting authority and provide all information and evidence to such
prosecuting authority.
37-13-24.
(a) Any agency or person who in good faith makes a report or provides information or
evidence pursuant to this article shall be immune from liability for such actions.
(b) Neither the department nor its employees, when acting in good faith and with
reasonable diligence, shall have any liability for defamation, invasion of privacy,
negligence, or any other claim in connection with the collection or release of information
pursuant to this article and neither shall be subject to suit based upon any such claims.
37-13-25.
</ins>
<ins>The identities of the resident or former resident, the alleged perpetrator, and the person or
persons making a report or providing information or evidence pursuant to this article shall
not be disclosed to the public unless required to be revealed in court proceedings or upon
the written consent of the person whose identity is to be revealed or as otherwise required
by law. Upon the resident's or the former resident's, or his or her representative's, request,
the department shall make information obtained in an abuse or exploitation report and
investigation available to the allegedly abused or exploited resident, the allegedly abused
or exploited former resident, or his or her representative for inspection or duplication,
except that such disclosure shall be made without revealing the identity of any other
resident, the person making the report, or persons providing information by name or
inference. For the purpose of this Code section, the term 'representative' means any person
authorized in writing by the resident or former resident or appointed by an appropriate
court to act upon the resident's or former resident's behalf. The term 'representative' also
means a family member of a deceased or physically or mentally impaired resident or
former resident unable to grant authorization; provided, however, that such family
members who do not have written or court authorization shall not be authorized by this
Code section to receive the resident's or former resident's clinical records as defined in
Code Section 37-3-1, 37-4-2, or 37-7-1. Nothing in this Code section shall be construed
to deny agencies participating in joint investigations at the request of and with the
department, or conducting separate investigations of abuse or exploitation within an
agency's scope of authority, or law enforcement personnel who are conducting an
investigation into any criminal offense in which a resident or former resident is a victim
from having access to such records.
37-13-26.
No person or community living arrangement shall discriminate or retaliate in any manner
against any person for making a report or providing information pursuant to this article or
</ins>
<ins>against any resident or former resident who is the subject of a report. Nothing in this Code
section shall be construed to prohibit the termination of the relationship between the
community living arrangement and the resident for reasons other than that the community
living arrangement has been made the subject of a report, that such a report has been made,
or that information has been provided pursuant to this article.
37-13-27.
The department shall prepare a written notice describing the reporting requirements set
forth in this article. Such notice shall be distributed to all community living arrangements
in this state, and copies thereof shall be posted in conspicuous locations within community
living arrangements."
</ins> PART V
Effective date
SECTION 5-1.
This Act shall become effective on January 1, 2026.
PART VI
Repealer
SECTION 6-1.
All laws and parts of laws in conflict with this Act are repealed.