§ 37-3-200. Short Title
This article shall be known and may be cited as the “Adult Residential Mental Health Services Licensing Act.” History. Code 1981, § 37-3-200 , enacted by Ga. L. 2022, p. 587, § 1/HB 1069.
§ 37-3-201. Purpose
The purpose of this article is to provide for the classification and systematic evaluation, licensure, and monitoring of residential programs designed for the treatment and therapeutic recovery of adult persons with a primary diagnosis or assessment of a psychotic disorder, mood disorder, anxiety disorder, dissociative disorder, obsessive-compulsive disorder, adjustment disorder, personality disorder, or trauma and […]
§ 37-3-202. Definitions
As used in this article, the term: “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 […]
§ 37-3-203. Classification of Residential Programs
The department is authorized to classify all adult residential mental health programs within the state according to the character and range of services provided. History. Code 1981, § 37-3-203 , enacted by Ga. L. 2022, p. 587, § 1/HB 1069.
§ 37-3-204. Regulations Establishing Minimum Standards
The department shall create and promulgate minimum standards of quality and services for each designated class of programs. At least the following areas shall be covered in the rules and regulations: Admission criteria which at a minimum must require a referral from either an inpatient psychiatric hospital that is discharging a patient to an adult […]
§ 37-3-205. Regulatory and Licensing Authority
The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this article no later than July 1, 2023. The department is further authorized to issue, deny, suspend, or revoke licenses or take other enforcement actions against licensees or applicants as provided in Code Section 31-2-8. All […]
§ 37-3-206. [For Effective Date, See note.] Licensing Requirement; Funding Contingency
On and after January 1, 2024, 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 […]
§ 37-3-207. Applications; Proof of Compliance
Application for a license to operate an adult residential mental health program shall be submitted by the governing body to the department in the manner prescribed in the department’s rules and regulations and shall contain a comprehensive outline of the program to be offered by the applicant. Proof of compliance with all applicable federal and […]
§ 37-3-208. Provisional Licensing; Terms
The department may issue a provisional license effective for a period not to exceed 90 days to each applicant who has substantially complied with all requirements for a regular license. Provisional licenses shall be renewed in the discretion of the department only in cases of extreme hardship and in no case for longer than 90 […]
§ 37-3-208.1. One-Time Provisional License
Between July 1, 2022, and December 31, 2023, the department 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 December 31, 2023. History. Code 1981, […]
§ 37-3-209. Proof of Accreditation
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. History. Code 1981, § 37-3-209 , enacted by Ga. L. 2022, p. 587, § 1/HB 1069.
§ 37-3-210. Nontransferable Licensing
The department shall issue a license to a governing body for any adult residential mental health program which meets all the rules and regulations for the class of license applied for. The license shall be nontransferable for a change of location or governing body. History. Code 1981, § 37-3-210 , enacted by Ga. L. 2022, […]
§ 37-3-211. Denial, Suspension or Revocation of License
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 licensees as provided in Code Section 31-2-8. The denial, suspension, or revocation of a license by the department […]
§ 37-3-212. Confidentiality of Records and Names of Mentally Ill Persons Seeking Treatment
For the purpose of providing more effective treatment and rehabilitation, the records and name of any mentally ill person who seeks or obtains treatment, therapeutic advice, or counsel from any adult residential mental health program licensed under this article shall be confidential and shall not be revealed except to the extent authorized in writing by […]
§ 37-3-213. On-Site Inspections
The department shall conduct periodic on-site inspection of each adult residential mental health program licensed in this state. Such inspection shall include, but shall not be limited to, the premises, staff, persons in care, and documents pertinent to the continued licensing of such adult residential mental health program so that the department may determine whether […]
§ 37-3-214. Role of Disability Services Ombudsman
The powers of the disability services ombudsman established in Part 1 of Article 2 of Chapter 2 of this title shall include oversight of patients of adult residential mental health programs established by this article, with all attendant powers and functions specified by law for such ombudsman. History. Code 1981, § 37-3-214 , enacted by […]
§ 37-3-215. Unlicensed Residential Mental Health Program; Penalty
On and after January 1, 2024, a facility 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: The facility is providing services and is operating as an adult residential mental health program; The facility is held out as or […]