House Human Relations & Aging Committee
House Human Relations & Aging Committee, February 10, 2026
2025-2026 Regular Session · 341 CAP · 1 h 00 min
This is a machine transcript of the General Assembly's video, made by a speech-recognition model. It is not an official record and can mishear words, names, and numbers. Speakers are not identified. The video is the record: every timestamp links to the moment it plays.
The video is the General Assembly's, played from its Vimeo channel. Select any time below to play that moment. Watch on the General Assembly's Vimeo channel · Agenda
Summary
Written by an AI model (gpt-6.1-sol) from the transcript. It is not part of the record, and the video is what was said.
The committee held hearings on four measures and took no votes. HB 906 would require long-term care facilities with websites to link to the state ombudsman program. HB 1081 would add cognitive decline to the definition of a disabled adult for Adult Protective Services; the chair asked to meet with the sponsor and the Department of Human Services before further discussion. HR 816 would create a study committee on an abuse registry covering at-risk populations. HB 1106 would establish a fund to help nursing homes facing financial losses. Members heard testimony about gaps in abuse reporting, early intervention for adults in crisis, and nursing home finances. The chair said the committee would meet again the following week.
Bills discussed (4)
Each account covers the stretch of the meeting it names. The bill's number is said in that stretch, unless it was the only bill on a committee's agenda.
HB 906. Health; require long-term care facilities to post a link on their websites to the official website of the office of the long-term care ombudsman
From 0:19:46 · turns 2 to 22
The sponsor said HB 906 would require long-term care facilities that already have websites to post a link to Georgia’s Long-Term Care Ombudsman Program. The sponsor said contact information must already be posted inside facilities, but families and guardians need online access, especially when visits are restricted or relatives live elsewhere. The sponsor said facilities would not have to create websites and described the cost as minimal or nonexistent. Addressing concerns about penalties, the sponsor said the proposal uses the existing enforcement framework but should not punish facilities for temporarily broken links. The sponsor offered to work with the committee and facility representatives to clarify that intent. The chair confirmed that the requirement would apply only to facilities with websites and identified nursing homes, personal care homes and assisted living communities as covered settings. One committee member supported easier access for families and said adding and updating a website link should not be a technical barrier. No amendment or vote followed.
HB 1081. Handicapped persons; adults with cognitive decline to be considered disabled adults; provide
From 0:24:51 · turns 24 to 109
The sponsor said HB 1081 would add cognitive decline to the definition of a disabled adult so Adult Protective Services (APS) could reach people before a crisis worsens, including adults under 65. Citing a 2020 audit and local cases, the sponsor described gaps in referrals and case acceptance. The sponsor said the Department of Human Services (DHS) viewed existing self-neglect and mental-incapacity language as sufficient, but argued that cognitive decline is an observation, not a diagnosis. Asked who would identify it, the sponsor said relatives, officers and social workers could observe changes and make referrals. A Clayton County Police Department social worker supported earlier intervention, describing a retiree who had sent more than $50,000 to someone claiming spiritual powers. The chair raised individual-rights concerns, saying families can both report and commit abuse. The sponsor said an earlier guardianship approach had been moved to APS at DHS’s recommendation; legislative counsel indicated the APS approach would not cause the legal change associated with guardianship. The sponsor said officers would receive updated training and agreed the category would not automatically confer additional services or require testing. The chair requested a meeting with DHS and the sponsor. No vote occurred.
HR 816. House Study Committee on an At-Risk Populations Abuse Registry; create
From 0:40:55 · turns 110 to 138
The sponsor presented HR 816 to create a study committee on an at-risk populations abuse registry, saying the committee had approved the resolution unanimously the previous year but it had not advanced through Rules. The sponsor described three House members and five nonlegislative members studying Tennessee’s registry, hiring effects, appeals, removal procedures and public input. A Georgia Council on Developmental Disabilities witness said criminal-background checks miss substantiated abuse without convictions, allowing workers to change employers without disclosure. Citing state data for NOW/COMP waiver recipients, the witness said nine people died from abuse or neglect in 2024 and argued that a registry could have prevented at least two deaths. The witness also reported seven staff with at least two substantiated incidents and two with at least three. The witness described Georgia’s existing registry as limited and voluntary, and Tennessee’s as broader, with worker protections and safeguards for minor mistakes. The chair supported studying broader coverage but cautioned that legal issues were complicated. Asked about agency involvement, the witness said the Department of Community Health had expressed support, but administrative-hearings officials had not joined discussions. No vote occurred.
HB 1106. Nursing Home Supplemental Fund; establish and provide a purpose
From 0:54:00 · turns 139 to 161
The sponsor said HB 1106 would establish a nursing home stabilization fund providing targeted, temporary assistance to facilities demonstrating losses greater than $1 million, with accountability, transparency and state oversight. The sponsor argued that federal Medicaid reductions, rising costs and narrow operating margins threaten access to care. Citing a Brown University study, the sponsor said Georgia could lose up to 37 nursing homes and senior care facilities, displacing residents and delaying hospital discharges. A witness for Sadie G. Mays Health and Rehabilitation Center supported the fund. The witness said 85 percent of residents were low-income and reported Medicaid reimbursement of $243 against costs of $280 per resident per day. The witness described a $37 daily shortfall for each of 100 Medicaid residents and annual losses exceeding $1.4 million. The witness also reported longer Medicaid application waits, denials and rising operating costs. The chair said about 73 percent of Georgia nursing home residents use Medicaid and said the state had continued increasing reimbursement funding. The chair distinguished the proposal as a separate supplemental fund and reiterated that the meeting was hearing-only. No vote occurred.
Transcript
165 turns. Select a time to play that moment of the video.
- 0:18:35
All right. I think we're gonna get started. Representative Smith. Well, a- actually, let's just call the meeting to order first, and, uh, we have, uh... Do we have a quorum? We're doing hearing only anyway today, but, um, let's just see how many we've got. We got Scott, and we have McDonald. Six. Three there. Okay, gotcha. All right. Everybody loves those 8:00 meetings. Do. All right. Well, uh, we're, we're, we're hearing, we're trying to, uh, we've had several bills that have not been heard, and Representative Hilton is gonna update us on a measure that we, uh, dealt with last year, and we're gonna, we're gonna deal with that later.
- 0:19:15
We're gonna hear from Representative Smith first. And, uh, again, we, we have very limited time. Rules will be in here in less than an hour, and so we're gonna very expeditiously go through each measure to understand, Representative, uh, uh, the purpose of the measure and why w- why it's important. Okay? And let me get you... Where are we at on here? Podium. Here you go, sir. Representative Smith.
- 0:19:41
Thank you, Mr. Chairman, and members of the committee. Today, I bring before you HB 906. It's a very straightforward bill that requires long-term care facilities, uh, with a website to post a link to the official long- Georgia Long Term Care Ombudsman Program. Now, currently, Georgia law already requires ombudsman contact information to be posted inside facilities. What it does not do is require that information be available online. Now, this committee previously passed this concept a few years ago, but we simply ran out of time, uh, that year to make it to the House floor.
- 0:20:18
The reason I brought this legislation back today is because access to information has only become more important. Today, families and legal guardians often look online first when they have concerns about a loved one's care. HB 906 ensures they can find that information about the ombudsman program remotely without having to be inside the facility. That access is especially important when in-person visitation is limited, as we saw during the COVID-19 pandemic.
- 0:20:50
I would also like to address the concerns that has been raised to me regarding penalties. Under current law, penalties already exist for failing to post information about the ombudsman program inside the facility, and HB 906 ties into that existing framework. However, I want to be very clear about my intent. This bill is about awareness and not punishment. Unlike signage in a facility, a website link may not be checked often, and as you may know, links may break for a variety of reasons, including updates or just simply oversight, and I don't want facilities fined or reprimanded for temporary issues.
- 0:21:32
For that reason, I am committed to working with this committee and the facilities representatives to ensure the bill reflects that intent clearly. I also want to be clear about what this bill does not do. It does not require facilities to create a website, and it has no or minimum associated cost with it. Also, other states have already taken this approach. For example, Texas enacted this legislation in 2021. At the end of the day, HB 906 is about access to information for residents and families and ensuring awareness of an advocacy program that already exists in Georgia law.
- 0:22:11
Uh, with that, Mr. Chairman, I'm happy to answer any questions.
- 0:22:17
Thank you very much. Thank you, Representative. We'll, uh, see if we have any questions. I do wanna mention first, so just as a reminder to all the members that are here, uh, uh, this requirement that you alluded to, to be posted in prominent display on the walls of, uh, long-term care facilities relates to nursing homes and personal care homes and assisted living communities. Those are the three that I'm aware of. So that is already a requirement.
- 0:22:47
Yeah.
- 0:22:48
Um, my question, so this would not require someone to have a website if they don't have one. It would require that if they have a website and are one of those three facilities, that they would post ac- how you access the Long-Term Care Ombudsman. Is that correct, sir?
- 0:23:06
That is correct, Mr. Chairman.
- 0:23:07
Okay. Are there any questions from the committee? All right. We, yep, we have one. Um, let me get the right... I don't see. It's not flashing. Let's see. What number are you?
- 0:23:23
Uh, 83. 83, 83, 83. All right.
- 0:23:30
We don't have an 83.
- 0:23:31
Working?
- 0:23:32
Yes.
- 0:23:32
There we go. Thank you, Chairman.
- 0:23:34
Oh.
- 0:23:36
And thank you, Representative Smith, for bringing, uh, what I think is a really positive bill that just offers transparency and easy access for family members. Uh, and just wanted to point out, um, it just really expands the opportunity for advocates and family members to know where to turn, uh, in an, an emergency situation pr- potentially, and maybe family members who are not local to, uh, participate in the care of their loved ones. So I really appreciate you bringing this bill. Uh, the other thing I would say in terms of, you know, the support of a link on a website, you know, pretty standard operating procedure.
- 0:24:11
If you have a website, links, um, probably one of the easiest, uh, things to add and to update. So, um, given a background in technology, just offer that as probably not, um, a barrier, uh, for if you have a website. Thank you.
- 0:24:27
Thank you for those comments.
- 0:24:33
Any other questions to the committee? Representative, thank you very much. That was succinct and, uh, well, well-prepared. Thank you, sir.
- 0:24:40
Thank you, Mr. Chairman.
- 0:24:47
Representative Neal,
- 0:24:51
HB 1081.
- 0:24:56
And again, Representative, um, the purpose and why we need this measure and can't live without it.
- 0:25:08
Thank you so much.
- 0:25:30
Make sure it doesn't fall off. That's better.
- 0:25:38
There we go.
- 0:25:47
Thank you to the committee. Thank you to the chair.
- 0:25:52
Today I bring to you 1081. A veteran who slowly declines mentally over a matter of weeks and then months from harmless to repeated arrests and jail time. A local elderly person who came to my local city hall when he needed a bath, uh, utilities and more because he couldn't take care of himself. A senior in South Georgia who was in a house hoarded in filth, utilities off, no family, couldn't take care of themselves. That is what brings me here today.
- 0:26:24
People who are in crisis, and yet initially they have not broken the law, but they are falling through the cracks. Either they are not supported by their cases not being accepted, or there's a chance that a potential follow-up from those assigned cases may be lacking, or they may simply not be reported because they fall outside the current parameter. That is what brings me here today. After reviewing countless documents and in- and interviewing a number of individuals to include attorneys that specialize in this work, I have been in pursuit of answering one singular question: Where is the gap?
- 0:26:54
There are a few gaps to address based on the 2020 Department of Audits investigation into Adult Protective Services that occurred a few years ago, since some of those items are still unresolved. But the initial step I'm taking today with this bill is to address the code. After reviewing a number of options, we have found that expanding the definition of disabled persons to include cognitive decline would accomplish the initial goal of catching people that may fall through the cracks, not committing a crime, yet not over the age of 65 and not a victim of anything.
- 0:27:29
I am simply expanding the definition of disabled persons to include cognitive decline to help us capture those people before they have gone too far, because cognitive decline is an observation, not a diagnosis. Now, what brings us here today? By expanding this, it allows for us to put a statutory definition of disabled adult into the OCGA, and we are expanding who must be reported and served by Adult Protective Services when law enforcement, hospitals, banks, and others encounter someone in crisis.
- 0:28:06
We're trying to catch them before they get to their worst. Um, I provided a number of documents, uh, to include the Department of Audits investigation, the executive summary, where they also highlight some of these, um, aspects that I'm bringing up today to include DHS agreeing with it on page two of that document. I also have Ms. Sabrina Calloway with the Clayton County Police Department Social Services, who has encountered one of the individuals I've mentioned, who was a veteran and was declining over a matter of a year. And then I also have a letter from the City of Morrow city manager, um, who encountered the senior that, uh, continued to come to their location because their utilities were off.
- 0:28:44
They had issues with someone who got into their bank accounts, um, and started taking their money. They couldn't keep their utilities on. And then I did have some testimony from South Georgia that could not get up here today from the Brunswick area. Uh, they send their apologies. And I stand for any questions.
- 0:29:07
All right. As we wait for some questions, I have a few for you myself, Representative. So, um, first of all, uh, APS and DHS- Mm-hmm
- 0:29:17
... do they have, have you met with them in this matter?
- 0:29:19
I have met with them numerous times.
- 0:29:20
And are, by the way, are they here today? Have you anybody from-
- 0:29:24
I am not sure
- 0:29:25
... DHS? See no one? Um, what was their position when you discussed this, if any at all?
- 0:29:30
Um, yeah, so their position was they felt like self-neglect was already in the code. They felt like, um, I think mental incapacitation was already in the code. But what myself, other partners, um, other clinicians, and our legislative council kept trying to explain to them is that this is expanding cognitive decline. And cognitive decline is different from those things, um, because it's an observation before you get to the worst of the worst. Our biggest issue is catching people too late, um, and then them falling through the gaps if they are caught, because based on this, um, Department of Audits report, it's been shown that there are a variety of reasons that they pass on cases.
- 0:30:11
And since we haven't, you know, captured that information, our goal is to, to see if we can just expand the code to capture whoever else we might miss, um, and then try to address other issues that were located in the, in the, uh, audit that was done. All right. Any, any questions?
- 0:30:28
Mm-hmm.
- 0:30:28
Yep. We have a question from Representative Lupton, which should be right there.
- 0:30:33
There we go. Ooh. Wow. My, my God. My God. My God. Thank you for, uh, for this. W-
- 0:30:42
And this defines cognitive decline.
- 0:30:45
Yes.
- 0:30:45
And you s- you said that this is a, an observation, not a-
- 0:30:49
Diagnosis
- 0:30:49
... like a medical diagnosis.
- 0:30:51
Yes.
- 0:30:51
So in this case, would anyone having contact with that elderly person be the person determining whether cognitive decline is happening? Like, who, who, who is the observer here who makes the final decision this is cognitive decline?
- 0:31:05
So I know, I know across the state we've expanded our services. A lot of police departments have social workers that come with them.
- 0:31:10
Okay.
- 0:31:10
Um, and also I have Ms. Sabrina Calloway here that can explain that 'cause she's, uh, one of the people that would do that work.
- 0:31:15
Okay.
- 0:31:16
Um, but initially, um, because it's an observation, you, you observe the, the aspects of cognitive decline.
- 0:31:23
Mm-hmm.
- 0:31:23
Uh, even if you don't know the word per se-
- 0:31:25
Right
- 0:31:25
... when you see these traits of them diminishing, then they would make the appropriate call to either their social services if they have it at the police department, or try to make the initial, uh, case to DHS. That's if they'll take you.
- 0:31:40
Okay. Okay.
- 0:31:41
Yeah.
- 0:31:41
So like a family member might be the-
- 0:31:44
Yes
- 0:31:44
... might say, "Hey, DHS, my, my relative is experiencing this." Okay.
- 0:31:47
Right. So our fear, our fear is that what's, what has possibly h- been happening is we fear that if we don't put enough words, if we don't f- you know, expand it properly or use the right terms, a case could be passed on-
- 0:32:00
Mm-hmm
- 0:32:01
... just because they didn't say the one thing that would deem them-
- 0:32:03
Gotcha
- 0:32:04
... d- demonstrate they need help. You know, from, from-
- 0:32:05
Right
- 0:32:06
... concepts like, oh, you're poor but not poor enough.
- 0:32:08
Gotcha.
- 0:32:08
Or, you know, that kind of concept. Yeah.
- 0:32:10
Okay.
- 0:32:10
Yeah.
- 0:32:10
Thank you.
- 0:32:12
And then also so if Ms. Sabrina Calloway could also give you all a professional opinion on the difference of cognitive decline if the chair is open. Mr. Chair? Do you mind if the commission gives a-
- 0:32:24
Oh my goodness. That's-
- 0:32:25
... a difference of cognitive decline for the purposes of the committee?
- 0:32:28
Yeah, we have a question, but yeah, do that first.
- 0:32:29
Okay. Go ahead.
- 0:32:30
Go right ahead.
- 0:32:32
Just say who you are and your profession.
- 0:32:37
Good morning. My name is Sabrina Calloway. I'm currently the clinical social worker with the Clayton County Police Department located in Jonesboro, Georgia. Um, adding this cognitive decline to the current APS definition would assist someone like me. I get referrals when officers come into contact with citizens, and it's usually from a family member that has a concern. Currently, um, I can, I encourage the family members to make a report to APS, but there's nothing that I can do because, um, APS, in my experience, only comes in when it's the worst of the worst.
- 0:33:22
So therefore, if it's, um, financial and the son has a, and this is a case, but he has concern about his mom, who's retired, has utilized over $50,000 to a, um, priest with, um, magical powers. And she is coherent. She is, um, you can have a conversation with her, but is this going to eventually lead to financial exploitation?
- 0:33:54
And I would say, in my experience, yes. The only thing I have in my tool belt is to encourage him to go to, um, probate court to try to become, you know, the POA, the power of attorney, over her financials because at this point, from law enforcement, they're trying to investigate the person that continues to reach out to her. But unfortunately, a lot of these are out of our country, and there's no recoup, um, getting that money back.
- 0:34:28
Thank you so much for that. I'm gonna ask a question, if you don't mind, and if, if you can't answer that, that's okay. Um, I've spent many, many years serving the frail elderly, and fa- it's, it's interesting with families because oftentimes families are the first to notice there is a problem and people are being exploited. Families, sadly, are also the number one most likely individuals. 90% of abuse and neglect comes from families, so both ways. So, uh, this may have nothing to do with this.
- 0:35:01
We have legislative counsel here, so I want to ask this question. Um, oftentimes families are seeking guardianship, and they're making these same kind of cases in order to receive guardianship. That has to be done through probate. But would this in any way, oftentimes against the will of the, b- typically against the will of the individual, as you know. So we're always trying to balance, first we've got to protect the frail elderly and the disabled and intellectually disabled, whoever.
- 0:35:32
But at the same time, we've got to balance their rights. Would this impact that in any way, shape, or form that you know of? And you may not, and I might ask legislative counsel to weigh in on that as well if they can.
- 0:35:44
Uh, thank you for the question.
- 0:35:44
But you go first, Representative.
- 0:35:46
Yes. Thank you for the question. So, um, this bill was originally a guardianship bill. Um, and the first meeting with DHS, we were assessing do I need to stay in the guardianship code. Um, I didn't wanna do, if I didn't have to, I didn't wanna do anything related to taking rights, expanding rights, 'cause, you know, that gets a little messy. And it's actually DHS that recommended I shift over to the APS, Adult Protective Services code, to do my, uh, submission there.
- 0:36:13
Because of that concern I just raised?
- 0:36:15
Well, actually-
- 0:36:16
Is that fair?
- 0:36:16
... no, you know, uh, legislative counsel did a fantastic job writing, drafting that version of the bill. Um, I sent it to a few attorneys to include, uh, Department of Behavioral Health. They all thought the bill was still pretty solid, but DHS was just preferring that if I could shift to another code section, I'd do that. And, um, that's what I did.
- 0:36:32
Mr. Hennessey, any comments on that?
- 0:36:36
Uh, I would say 1.6.
- 0:36:40
Yeah. Okay. Perfect. Uh, it is my understanding that in part it could work in the guardianship code. However, with the recommendation-
- 0:36:51
To move it to APS. I don't see any rights being impacted or sort of the legal shift that comes with guardianship under APS. Thank you, sir. Representative Bonner has a question. Thank you. I thank you for bringing the bill. It, um, it sounds like we're simply establishing a, a, essentially a common definition- Yes ... so that when, uh, as to Representative Love just kinda comment, if whether it's a social worker or whether it's a, a patrolman- Mm-hmm ...
- 0:37:22
that has an interaction w- with one of these folks and, and they, and they write it as a part of their report- Mm-hmm ... this, everybody has an understanding of what that is, correct? Yes. Okay. Yes. And so do you, do you envision that, um, our, you know, our non-social workers, but our frontline officers receive trai- And I'm assuming they receive routine training on report writing and, and, uh, you know, current definitions, that kind of thing. Is that- Yes ... would that be a part of that as well? Yes. So, um, upon changing the law, and we've met, moving the bill through the House and Senate, um, yes, this will become, they c- they already, so they already have a training that occurs on this topic.
- 0:38:00
But if we change this definition, th- this will also be added into their yearly, um, uh, legislative update that they have. So they will, you know, become aware of, hey, all of these other things are what you look for when you encounter these individuals. But if you look at the Department of Audits report that I submitted, um, and then talking to people such as, um, Ms. Callaway and others, um, oftentimes, currently law enforcement doesn't, um, do the recommendation because they don't know the words. They don't know, and I think this brings out the most simplistic forms of the, um, of the symptoms that you can use to, uh, help get these things reported.
- 0:38:38
Right. And, and again, to be clear, the, it, it's not a diagnosis. So, so being put in this category under this code does not automatically entitle this individual to any additional services that would not already be available to them, correct? That is correct. So DHS did have a question, um, or we were, we were challenging one another on, um, this being an observation or not, and, uh, it has been confirmed that this is an observation, not a diagnosis, therefore there shouldn't be any additional, uh, testing necessary.
- 0:39:10
Thank you. Thank you.
- 0:39:15
Any other questions to the committee? Okay, hearing none, uh, representative, let's do this. Let's meet with, um, uh, departments don't make law, we do, but it is important that the people that do this every day- Yes ... uh, in the interest of protecting the most vulnerable in our state, we know their cause and goal is noble. Yeah. Uh, let's sit down with them, you and I. Okay. Let's meet with, uh, with, uh, DHS- Mm-hmm ... in the measure. Mm-hmm. And, uh, and then we'll discuss it further today. We're, we're just hearing, uh, we're trying to learn your intent- Yeah ...
- 0:39:47
and understand fully your measure, uh, from the lack of questions. Now, I think we've done that. You've done a great job. Yeah. So, well, point of per- personal priv- privilege, I just wanna make sure that we s- understand that no matter what we do, uh, losing one person in this system is one too many. Um, so that's why I think it's important, uh, even if we have to push back against DHS. Thank you. Understood. Thank you, Representative. Representative Hilton. All the members should now have a copy of last year's study committee.
- 0:40:22
Representative Hilton. Thank you, Mr. Chairman, members of the committee. I've got a group across the street waiting for me, so I'm gonna make this brief and impact. Be brief, be impactful, and be gone. Um, thank you, Mr. Chairman, members of the committee, for what you guys do to protect our most vulnerable populations. I think this house resolution falls underneath that effort, and I'll ask my good friend Rena to come on up from Georgia Council on Developmental Disabilities. This, uh, resolution we considered last year, it actually passed out of this committee unanimously. Uh, I'm reading from LC620213S, uh, House Resolution 816, which creates a study committee to look at creating an at-risk populations abuse registry.
- 0:41:02
So this would be a registry. Uh, do you need a copy down there? No one has it. No one has it. It's the yellow one.
- 0:41:13
Stand by. It's on the way. Stand by. And a document as well.
- 0:41:26
Good paper.
- 0:41:29
Sixty to ninety seconds, and you're fast. Yeah, yeah, yeah.
- 0:42:08
And Chairman, if you would, um, s- you know, start from the top again. Oh, let me start from the top. You know, it's like children, it's like children, uh, absent in the summertime- Yeah ... when we're absent a session, uh-
- 0:42:19
You know, the c- we come back and we've forgotten it all. So, uh, take it from the top. Yes, sir. It was, uh, such a good resolution, I figured you didn't even need a copy of it, but now you got it. So, um, this is House Resolution 816. Once again, LC620213S. Uh, this committee considered this resol- resolution last year, passed it out unanimously. Uh, we ran rules at the end there, so it didn't get out of rules. But, uh, this looks at creating a study committee, uh, looking at at-risk populations, creating an abuse registry.
- 0:42:51
Uh, this would be comprised of three members from the House and then five non-legislative members, Commissioner of Public Health or designee, a citizen from an advocacy organization for disabilities, for elder rights, uh, Prosecuting Attorney's Council, and then a citizen with either, uh, intellectual disabilities or, or someone in a care facility. Uh, this, the purpose of the, uh, resolution is to look at, uh, do a comprehensive review of Tennessee's abuse registry, look at the phys- the feasibility of setting up something similar here in Georgia.
- 0:43:23
Uh, what impact would that potentially have on any employment or hiring? Uh, consider any appropriate, uh, mechanisms for appeal or, or getting off that registry, uh, and then solicit input and feedback from, uh, the broader community. So, uh, with that, I'm gonna turn it over to Rena, who will give a update on what other states have done, uh, in this area.
- 0:43:49
Thank you, Mr. Chairman and members of the committee for the opportunity to be here today. I'm Rena Harris, and I'm with the Georgia Council on Developmental Disabilities. We're here today because Georgia has a serious and dangerous gap in how we protect people who are at risk of abuse, neglect, and exploitation. We're missing a basic tool that other states already use to prevent harm. Specifically, we're asking this committee to consider the need for a cross-agency, cross-population, at-risk populations abuse registry.
- 0:44:21
The information I'm about to share is specific to people with intellectual and developmental disabilities who receive services through the NOW/COMP waiver. According to the Department of Behavioral Health and Developmental Disabilities' own substantiated abuse and neglect data, in 2024, nine Georgians with intellectual and developmental disabilities died as a result of abuse or neglect. These were not unavoidable tragedies. At least two of these deaths could have been prevented with an abuse and neglect registry.
- 0:44:56
In those cases, the alleged perpetrators had already committed substantiated abuse or neglect prior to this incident. However, because they were never criminally convicted, they were allowed to continue working with people with disabilities. When they changed employers, there was no system in place to flag their history. Without an at-risk populations abuse registry, critical information was kept from the very people who needed it the most. The person with the disability did not know, the family did not know, the provider hiring the staff person did not know.
- 0:45:33
The only parties who knew were the perpetrator and DBHDD. The failure of transparency allowed known abusers to move freely within Georgia's disability service system and aging service system, placing vulnerable people directly in harm's way. The result was preventable loss of life, and without action, this will happen again. To put this into further context, in 2024, seven staff committed two or more substantiated incidents of abuse, neglect, or exploitation.
- 0:46:07
Two staff members committed three or more substantiated incidents. Under current regulations, they could still be out there today working with people with disabilities or older adults. And this data only reflects abuse against people with IDD who receive the NOW and COMP waivers. If we included assisted living facilities, nursing homes, or other settings serving older adults or people with disabilities, the scope of the problem would be far greater. Here's how the system works.
- 0:46:37
DBHDD's background check unit reviews fingerprint data and determines whether an individual is eligible, ineligible, or undetermined for employment. That determination is sent to the employer. However, without a criminal conviction, a person with substantiated abuse is not flagged. They're free to continue working with people with IDD. They can also work in a nursing home, an assisted living facility, or be hired directly by a family to care for a loved one in the family home.
- 0:47:10
Georgia does technically have an abuse registry, but it's extremely limited. It only applies to people receiving at-home care. It only includes perpetrators who have a criminal conviction, and it is completely voluntary. The perpetrator decides whether they appear on the registry and whether to grant access to each potential employer. That is not a protection system. Other states have figured this out. Tennessee has a publicly available cross-agency, cross-population registry that includes substantiated abuse, neglect, and misappropriation of funds.
- 0:47:48
Providers play a key role in the assessment process. Tennessee has built-in due process, protections for workers, and mechanisms to retain otherwise good staff. Over several years, they worked through the challenges. They created levels of infractions and safeguards for minor issues such as accidental medication errors. Georgia does not need to reinvent the wheel.
- 0:48:12
With a study committee, we can learn directly from Tennessee and return to the General Assembly with clear options, guardrails, and fiscal considerations. We can also speak with Texas, Kentucky, Utah, and other states that have found a way to make this work. We can hear from people with disabilities, family members, state agencies, provider associations, and direct support professional advocates. At its core, this is about doing our best to protect people who rely on the state of Georgia for their care and ensuring known abusers cannot continue moving unchecked throughout our systems.
- 0:48:48
Thank you for your time, and I'm happy to answer your questions.
- 0:48:53
Thank you. I wanna emphasize, uh, you, you mentioned, uh, IDD waivers, uh, now comp, the specific IDD, uh, at-risk populations- Yes ... in this, uh, draft, uh, would encompass, uh, frail elderly, the, the, the intellectually disabled- Mm-hmm ... you know, traumatic brain injury, anybody that's at risk. So- Yes ... it's, it's, it's broad and should be. Um, I, I'm gonna, we're gonna answer some questions, but I first wanna give you, uh, a story. I got a call maybe two weeks ago from a, um, a provider of services to, um, frail seniors.
- 0:49:34
Um, you know, it doesn't matter what type of service, but a provider of services. And they had hired someone who had no criminal record, and who was approved to work there, and was working there, and they just decided in the middle of the night to leave. When they left, uh, a multitude of seniors were unattended. Um, there was no crime charged for that, even though she abandoned those.
- 0:50:06
So that individual, uh, there's no record, can go to work, and that was, that was this particular lady's concern was, she's just gonna go work somewhere else, and it is what it is. Mm-hmm. So it's an important issue. My f- uh, my friend, the chairman, is a passionate advocate for the disabled, as am I, and I appreciate what we're trying to get to. It is complicated. Yes. Some of these issues relate to, uh, uh, criminal justice reform, where we've excluded certain things from being available on criminal record checks coming back.
- 0:50:38
Uh, so it's very complicated, so we need to be very careful, and that's why we're considering this again. We have a question from, I believe that's Representative Cannon.
- 0:50:49
Thank you, Mr. Chair. Thank you, Mr. Chair. Um, just, uh, questions about the members and officers. I'm sure 1... Question where? Lines 26 to 27. Where? So, um, taking it from DCH and how they feel about it since that refers to a DPH instead, and then what are the examples of organizations on line 27?
- 0:51:19
Why don't you talk about, so 27 is, uh... advocacy organization. I mean, there's- Yes. Um, when, when this was written, um, it was representation from Georgia's Protection and Advocacy organization, the Georgia Advocacy Office, who, um, ensures the rights of people with disabilities around Georgia. Right. So what does DCH feel? How do they feel? What is their position on removing this from their purview and putting it into the Department of Public Health's purview?
- 0:51:55
Um, w- we didn't talk to, specifically to DCH about moving their registry because it, it's different than their registry, although this could make their registry unnecessary and figure out a way to, to combine it into this. Um, but when we spoke with DCH about this particular resolution, um, they, they stated that it would not be difficult to do, that a registry is not difficult to put into place.
- 0:52:29
And in a, in a subsequent conversation, they said they had no problem with it, and they were all for it, that we needed to speak with OSA, um, the Office of Administrative Hearings. And, um, we tried to get OSA to the table, and were unfortunately not successful. With a study committee, um, we could hear directly from OSA. Thank you. And can I get the last word just to update my meeting- I don't... for this year? Yeah.
- 0:53:02
Thank you. And, and by the way, um, Chairman, that was a perfect example that you gave of something that would be considered for the registry, and I promise we didn't plan that.
- 0:53:16
Thank you. Thank you, ma'am. Any other questions of the committee? All right. Thank you. Chairman, thank you so much, and thank you, ma'am, for being here with us. I think, uh, Representative Berry, if, is, would it be okay if we hold you to next week? We have rules coming in. I think we may not have enough time to give you fair. I can, I can be brief if you want. You can be brief? All right. All right. Let's be real brief. I promised I'd get out of the way here.
- 0:53:53
Thank you, Mr. Chairman, and members of the committee. I will be brief. It is my pleasure to b- bring before you today HB 1106, working from LC 60-0259 to establish a nursing home stabilization fund. So I think we have a lot of similar bills that get presented, uh, before us, but I think this falls in that same tradition, and I start by laying out some facts
- 0:54:13
Because of the passage of H.R.1 in Washington, our nation will see a total of one trillion dollars in losses to our Medicaid program. For Georgia providers, that means additional pressure on a system that is already stretched thin. Nursing homes in our state, particularly in rural and underserved communities, operate on very narrow margins. They're dealing with rising labor costs, higher acuity patients, and inflation in everything from food to utilities. When reimbursement drops in that environment, closure becomes a real possibility. Working from an independent study from Brown University that states Georgia stands to lose up to thirty-seven nursing homes and senior care facilities.
- 0:54:49
Before you is a study and a spreadsheet, and I, the spreadsheet should be before you all, um, of nursing homes at serious risk of closure. You see no distinguishment from rural or urban counties. You see Barrow, Barrow County on here. You see Fulton County. You see a whole wealth of counties where nursing homes will close. Um, and these harmful Medicaid cuts will affect every corner of our state, including some of our own districts. When a nursing home closes, the impact ripples. Residents are displaced, often far from their families. Hospital discharges slow down because there is nowhere for patients to transition.
- 0:55:22
So HB 1106 creates the Nursing Home Stabilization Fund to give the state a tool to respond before a temporary financial crisis becomes a permanent loss of access to care. The fund will allow targeted, time-limited assistance to facilities that demonstrate a need of greater than a million dollars in losses with clear requirements for accountability, transparency, and state oversight. This is not about rewarding poor management. It's about protecting residents and ensuring continuity of care while providers work towards long-term stability. And, Mr. Chairman, with your permission, I do have a provider here, um, from Sadie G.
- 0:55:53
Mays Nursing Home, which is in my district, who would just continue to, um, talk about the Medicaid losses on their facility.
- 0:56:02
Very well, ma'am. Thank you. Thank you for being here.
- 0:56:07
Yes.
- 0:56:07
Good morning. How are you all? Yes, my name is Shirley Coleman, and I'm with the, um, Sadie G. Mays Health and Rehabilitation Center. Uh, it's a s- it's a nonprofit skilled nurse- nursing facility. We're located off Martin Luther King Drive, uh, about three miles west of the Mercedes-Benz Stadium, and we've been faithfully serving the sick and elderly citizens of Georgia for seventy-nine years in March. So we're here, um, today to support, um, the Nursing Home Stabilization Fund.
- 0:56:39
Eighty-five percent of Sadie G. Mays' residents are low income, and the Medicaid program is their primary source of income. Our Medicaid reimbursement rates have been trending downward over the last several years while our costs to operate have been rising. Our current Medicaid reimbursement rate is two hundred forty-three dollars, while our cost is two hundred eighty dollars, resulting in a thirty-seven dollar shortfall per person per day. And with our current system of census of one hundred Medicaid residents, that adds up to over one point four million dollars in one year.
- 0:57:14
So, um, the recent changes to Medicaid have made it even more challenging for our residents to get Medicaid. Uh, wait times are longer and many are denied. Qualifying has become more difficult, and the current Medicaid reimbursement rates are not really sufficient to cover the rising costs of nurse salaries, food, equipment, medical supplies, personal care items, not to mention the rehabilitation therapies and medications that Medicaid doesn't even cover.
- 0:57:46
Um, so the latest challenges are placing even more financial strain on our operations, and more cuts to Medicaid are expected over the next ten years. We believe that Sadie G. Mays and other nursing homes like ours provide a valuable service to the state of Georgia by caring for its aging citizens who have physical and mental frailties. To sustain this vital mission, we urgently need additional support from the state. The nursing home population is expected to spike in the next few years as the oldest baby boomers enter their eighties, and they're living longer.
- 0:58:24
So to help support our operations and offset ongoing losses due to low Medicaid reimbursement, we're asking you to please initiate the Nursing Home Stabilization Fund. Thank you for your consideration.
- 0:58:39
Thank you. Thank you, ma'am.
- 0:58:41
Mm-hmm.
- 0:58:41
Um, so, um-
- 0:58:44
I'll take the next one
- 0:58:45
... very important. Uh, obviously, skilled nursing facility is vital. About seventy-three percent of Georgia's nursing home population are on Medicaid. Um, we, every year, I'm on health appropriations, we continue to, that Medicaid rate rises every year. As you know, more money in there this year, and there will be in the big budget as well. So we continue to ensure that in Georgia, the most vulnerable, the people that Medicaid was created for, we're spending more and more on those populations every year. That's a good thing.
- 0:59:15
What you presented today is some, uh, new separate supplemental fund.
- 0:59:19
Mm-hmm.
- 0:59:20
I appreciate you doing so. And, uh, again, we're just doing the hearing only today.
- 0:59:24
Of course.
- 0:59:24
And so, uh, thank you. Thank you, Representative.
- 0:59:27
Thank you.
- 0:59:27
I want to make sure now we all understand each measure that's been presented to the committee, and, uh, we'll meet again next week, okay?
- 0:59:34
Thank you.
- 0:59:34
We're gonna get out the way before Rule steps in. Thank you, members. Thank you for being here. We are adjourned.