GeorgiaHB 5842025-2026 Regular SessionHouse

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)

Signed by Governor

Public and Community HealthHealth and Human ServicesGeneral Bill

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Bill Overview

Analyzed Economic Effects

10 provisions identified: 5 benefits, 3 costs, 2 mixed.

Caregiver access and elder protections cover homes

Community living homes licensed under the behavioral health department’s community living program are included in designated essential caregiver rules. Residents of these homes are covered by rules addressing access to a designated caregiver. The law also includes these licensed homes in the facility definition used for Georgia’s elder-person protections.

Disability homes need licenses and emergency plans

The behavioral health department licenses homes serving up to four people with developmental disabilities who need intense residential support. Covered homes receive at least some department-authorized funding, and operators need a license or provisional license that cannot be transferred. The department sets operating and resident-protection standards, can inspect homes, and can accept recognized accreditation as proof of compliance. Each home must keep and regularly rehearse an emergency plan that staff and residents follow during emergencies. Plans must cover care, contact notices, transport, alternate shelter or sheltering in place, and emergency power during disasters, pandemics, fires, and utility outages.

Prompt abuse reporting for disability home residents

Community living homes leave the older long-term-care abuse-reporting definition and have a separate reporting framework beginning January 1, 2026. Required reporters with reasonable cause to suspect abuse or exploitation must immediately contact the behavioral health department and law enforcement or prosecutors. This covers current or former residents harmed while living there, and a written report to the department is due within 24 hours. Clergy are exempt only for information received solely in a confession or similar communication that church doctrine or practice requires keeping confidential. The department must send reporting notices to every community living home, and homes must post them where people can see them.

State must assess disability home abuse reports

The behavioral health department must immediately document whether a community living home abuse or exploitation report requires investigation. Investigations assess the suspected harm, the resident’s condition, and needed services, with an in-person visit where appropriate. The department must evaluate findings, help prevent further harm, and reassess safety and continued assistance within 30 days after assistance begins. Confirmed abuse or exploitation findings and evidence must go to the appropriate prosecutor. Beginning January 1, 2026, records rules do not block joint investigations requested by the department, authorized abuse investigations, or criminal investigations involving resident victims.

Resident privacy protections and agency data access

The behavioral health department gets authority to collect and use personal information for legally permitted program, oversight, and contractor purposes. Community Health’s listed authority no longer covers the transferred drug-treatment and specified behavioral health programs. Good-faith abuse reporters receive liability protection; the department and staff receive protections when acting in good faith with reasonable diligence. Report identities generally stay private, except for disclosures required by law or court proceedings, or allowed by written consent. Affected residents, former residents, and qualifying representatives can review investigation records, with other protected identities withheld. Beginning January 1, 2026, retaliation against reporters or residents named in reports is prohibited, but unrelated reasons can justify ending a resident’s stay.

Treatment programs move to behavioral health oversight

Beginning January 1, 2026, Georgia’s behavioral health department takes over licensing from the Department of Community Health. This covers drug treatment and education, narcotic treatment, adult residential mental health programs, and community living homes. Community Health rules in effect December 31, 2025, remain enforceable until changed or revoked. Covered drug treatment, narcotic treatment, and community living home licenses continue until renewed, revoked, surrendered, or otherwise ended. The behavioral health department also publishes an annual report on drug treatment enrollment and discharges. When licensing based on approved voluntary accreditation findings, it is not bound by Community Health policies from December 31, 2025.

Residential mental health programs need licenses

Beginning January 1, 2026, adult residential mental health programs must have a valid license or provisional license. Licensed hospitals are exempt unless they run a program separate from the hospital. From July 1, 2022, through December 31, 2025, existing licensed personal care homes had a one-time provisional licensing option. Homes had to substantially meet licensing requirements, and those provisional licenses could not extend beyond December 31, 2025. That temporary option has expired.

Treatment operators face fines and license sanctions

The behavioral health department can investigate the four covered treatment and residential program types for licensing violations. Grounds include material false statements, blocked access or information, and failure to meet licensing laws, rules, or orders. It can reprimand operators, deny, suspend, revoke, or restrict licenses, and fine up to $2,000 per day per violation. Total fines cannot exceed $40,000 in one enforcement action. It can bar managers tied to denials or revocations within 12 months, and deny or restrict applications involving license actions or sanction-evading transfers within one year.

Treatment providers face fees and enforcement costs

The behavioral health department must set licensing fees for residential mental health programs, community living homes, drug treatment, and narcotic treatment. Fees cannot exceed its direct and indirect licensing costs, and yearly increases cannot exceed the Consumer Price Index inflation rate. Fee money goes to Georgia’s general fund. After final adverse findings, the department can also charge programs reasonable and necessary actual investigation, inspection, or enforcement expenses. Those charges exclude attorney fees and litigation expenses.

Emergency safeguards and costs for treatment programs

Community Health’s specified emergency powers no longer cover community living homes or drug treatment and education programs. The behavioral health commissioner can relocate residents facing imminent and substantial danger and place monitors for up to 10 days. Monitor grounds include unlicensed operation, licensing actions, inadequate closure arrangements, or inability to protect residents’ health, safety, rights, or welfare. Admissions can be stopped after failure to correct violations that threaten safety or repeat intentional or grossly negligent violations within 12 months. Emergency orders require agency rules; programs can request a preliminary hearing within 10 days, and timely requests require a hearing within 10 days. Licensees pay monitor costs unless a contested case finds the order invalid; then the state pays.

Sponsors & Cosponsors

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 • Other: 4

Senate vote • 3/20/2025

PASSAGE BY SUBSTITUTE

Yes: 52 • No: 0

House vote • 3/4/2025

PASSAGE

Yes: 171 • No: 0 • Other: 3

Actions Timeline

Effective Date
1/1/2026
House Date Signed by Governor
5/1/2025House
Act 44
5/1/2025
House Sent to Governor
4/8/2025House
House Agreed Senate Amend or Sub
3/28/2025House
Senate Third Read
3/20/2025Senate
Senate Passed/Adopted By Substitute
3/20/2025Senate
Senate Read Second Time
3/18/2025Senate
Senate Committee Favorably Reported By Substitute
3/13/2025Senate
Senate Read and Referred
3/6/2025Senate
House Third Readers
3/4/2025House
House Passed/Adopted
3/4/2025House
House Committee Favorably Reported
2/27/2025House
House Second Readers
2/26/2025House
House First Readers
2/24/2025House
House Hopper
2/21/2025House

Bill Text

HB 584/AP* (v5)
PDF

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