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GeorgiaHB 5842025-2026 Regular SessionHouseWALLET

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

Sponsored By: Katie Dempsey (Republican), John LaHood (Republican), Jesse Petrea (Republican), Brian Prince (Democrat), Ron Stephens (Republican), Darlene Taylor (Republican)

Became Law

Public and Community HealthHealth and Human ServicesGeneral Bill

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 0 costs, 4 mixed.

Licensing fees and penalties for providers

Starting January 1, 2026, DBHDD can deny, suspend, limit, or revoke licenses and issue public reprimands. It can fine up to $2,000 per day, capped at $40,000 per enforcement action, with notice and a chance for a hearing. The department will set licensing fees that cannot exceed actual licensing costs; fees can rise each year by no more than inflation and go to the state’s general fund. Providers with approved national accreditation can get a license without an on-site visit, but if accreditation is denied, suspended, or revoked, the tied license is automatically suspended or revoked and you must reapply. The department can also deny or restrict applications if you had a license denied, revoked, or suspended within the past year or transferred ownership within a year to avoid enforcement or fines.

DBHDD now licenses behavioral programs

Beginning January 1, 2026, the Department of Behavioral Health and Developmental Disabilities (DBHDD) licenses and oversees adult residential mental health programs, community living arrangements, drug treatment and education programs, and narcotic treatment programs. Licenses and provisional licenses issued by the old agency as of December 31, 2025 stay valid until renewed, revoked, surrendered, or otherwise ended. The old agency’s rules in place on December 31, 2025 remain in force until DBHDD changes or revokes them. Any older laws that conflict with this act no longer apply. The act takes effect January 1, 2026.

Stronger investigations and emergency protections

Beginning January 1, 2026, DBHDD can investigate programs, subpoena records, and charge licensees for reasonable and necessary investigation and case expenses when violations are found. Attorney’s fees are not charged, and the department and its staff are immune from liability except for gross negligence or willful misconduct. The commissioner can order emergency moves of residents, place an emergency monitor for up to 10 days, and suspend or stop admissions when there is imminent danger or uncorrected safety violations. The licensee pays relocation or monitor costs unless a reviewing body later rules the order invalid, and expedited hearing rights apply.

Stronger rules for community group homes

If you run a community living arrangement, you must hold a license before operating. DBHDD sets rules for buildings, staffing, resident rights, records, medication handling, nutrition, transfers, and disaster plans that are practiced regularly. Administrators, managers, therapists, EMS, clergy, and health staff must report suspected abuse right away and file a written report within 24 hours. Starting January 1, 2026, DBHDD‑licensed community living arrangements are treated as long‑term care facilities, giving residents the protections and reporting rules tied to that status.

More time to license mental health homes

The deadline to hold a license for an adult residential mental health program is moved to January 1, 2026. Until then, programs may operate without a DBHDD license or provisional license. Existing licensed personal care homes get more time to seek a one‑time provisional license; the application window runs through December 31, 2025. After January 1, 2026, running a program without a license or provisional license is prohibited.

Data use and annual public reports

Beginning January 1, 2026, DBHDD may collect personal information to run programs, oversee care, and check contractor compliance under state and federal privacy laws. Each year, the departments publish one report from their registry with counts of people enrolled and discharged and the state they live in. The report does not include identifying details.

Sponsors & Cosponsors

Sponsors

  • Katie Dempsey

    Republican • House

  • John LaHood

    Republican • House

  • Jesse Petrea

    Republican • House

  • Brian Prince

    Democrat • House

  • Ron Stephens

    Republican • House

  • Darlene Taylor

    Republican • House

Cosponsors

  • Bo Hatchett

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 386 • No: 0

House vote • 3/28/2025

Agree to Senate Substitute

Yes: 163 • No: 0

Senate vote • 3/20/2025

PASSAGE BY SUBSTITUTE

Yes: 52 • No: 0

House vote • 3/4/2025

PASSAGE

Yes: 171 • No: 0

Actions Timeline

  1. Effective Date

    1/1/2026

  2. House Date Signed by Governor

    5/1/2025House

  3. Act 44

    5/1/2025

  4. House Sent to Governor

    4/8/2025House

  5. House Agreed Senate Amend or Sub

    3/28/2025House

  6. Senate Third Read

    3/20/2025Senate

  7. Senate Passed/Adopted By Substitute

    3/20/2025Senate

  8. Senate Read Second Time

    3/18/2025Senate

  9. Senate Committee Favorably Reported By Substitute

    3/13/2025Senate

  10. Senate Read and Referred

    3/6/2025Senate

  11. House Third Readers

    3/4/2025House

  12. House Passed/Adopted

    3/4/2025House

  13. House Committee Favorably Reported

    2/27/2025House

  14. House Second Readers

    2/26/2025House

  15. House First Readers

    2/24/2025House

  16. House Hopper

    2/21/2025House

Bill Text

  • HB 584/AP* (v5)

    PDF

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