HB 558 - Indigent and elderly; Alzheimer's disease; disclosure of information

Georgia House of Representatives - 1995/1996 Sessions

HB 558 - Indigent and elderly; Alzheimer's disease; disclosure of information

Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7
Code Sections - 31-8-180/ 31-8-181/ 31-8-182/ 31-8-183/ 31-8-184/ 31-42-1/ 31-42-2/ 31-42-3
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1. Sherrill  62nd         2. Lucas  124th            3. Davis  48th
4. Randolph  72nd

House Comm: HumR / Senate Comm: H&HS / House Vote: Yeas 109 Nays 0 Senate Vote: Yeas 50 Nays 0 ---------------------------------------- House Action Senate ---------------------------------------- 2/2/95 Read 1st Time 2/27/95 2/3/95 Read 2nd Time 3/13/95 2/16/95 Favorably Reported 3/13/95 Sub Committee Amend/Sub Sub 2/22/95 Read 3rd Time 3/15/95 2/22/95 Passed/Adopted 3/15/95 CS Comm/Floor Amend/Sub CSFA 3/17/95 Amend/Sub Agreed To 4/3/95 Sent to Governor 4/19/95 Signed by Governor 391 Act/Veto Number 7/1/95 Effective Date ---------------------------------------- Code Sections amended: 31-8-180, 31-8-181, 31-8-182, 31-8-183, 31-8-184, 31-42-1
HB 558 HB 558/AP H. B. No. 558 (AS PASSED HOUSE AND SENATE) By: Representatives Sherrill of the 62nd, Lucas of the 124th, Davis of the 48th and Randolph of the 72nd A BILL TO BE ENTITLED AN ACT 1- 1 To amend Title 31 of the Official Code of Georgia Annotated, 1- 2 relating to health, so as to provide for written disclosure 1- 3 by certain entities, facilities, programs, and by 1- 4 instrumentalities of the state or a political subdivision of 1- 5 the state advertising, marketing, offering to provide or 1- 6 providing specialized care, treatment, or therapeutic 1- 7 activities for persons with a probable diagnosis of 1- 8 Alzheimer's disease or Alzheimer's-related dementia of 1- 9 certain information relating to philosophy, acceptance, 1-10 discharge, emergency situations, responding to changes in 1-11 needs, staffing and training, physical environment, 1-12 activities, involvement with the family, and program costs; 1-13 to provide for applicability; to provide definitions; to 1-14 provide for a standard disclosure form; to provide for 1-15 updating and verification; to provide for an election as to 1-16 whether to modify the disclosure form or to provide the 1-17 specialized care, treatment, or therapeutic activities 1-18 listed on the disclosure form; to provide that a failure to 1-19 disclose is a violation of the Fair Business Practices Act 1-20 of 1975; to provide for remedies; to provide for a short 1-21 title; to provide for purpose; to provide for an 1-22 osteoporosis prevention and treatment education program; to 1-23 provide for related matters; to repeal conflicting laws; and 1-24 for other purposes. 1-25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-26 Title 31 of the Official Code of Georgia Annotated, relating 1-27 to health, is amended by inserting a new article to be 1-28 designated Article 7 to read as follows: "ARTICLE 7 1-29 31-8-180. (Index) 1-30 As used in this article, the term: H. B. No. 558 -1- (Index) HB 558/AP 2- 1 (1) 'Alzheimer's disease' or 'Alzheimer's-related 2- 2 dementia' means a progressive, degenerative disease or 2- 3 condition that attacks the brain and results in impaired 2- 4 memory, thinking, and behavior. 2- 5 (2) 'Care,' 'treatment,' and 'therapeutic activities' 2- 6 shall not include the sole activity of marketing, 2- 7 selling, manufacturing, or dispensing medication which 2- 8 is approved by the United States Food and Drug 2- 9 Administration and prescribed by a person licensed to 2-10 practice medicine in accordance with Chapter 34 of Title 2-11 43 and informational or support services related to the 2-12 use of such medication. 2-13 31-8-181. (Index) 2-14 This article shall not apply to the following: 2-15 (1) An individual licensed to practice medicine under 2-16 the provisions of Chapter 34 of Title 43, and persons 2-17 employed by such an individual, provided that any 2-18 nursing home, personal care home as defined by Code 2-19 Section 31-6-2, hospice as defined by Code Section 2-20 31-7-172, respite care service as defined by Code 2-21 Section 49-6-72, adult day program, or home health 2-22 agency owned, operated, managed, or controlled by a 2-23 person licensed to practice medicine under the 2-24 provisions of Chapter 34 of Title 43 shall be subject to 2-25 the provisions of this article; or 2-26 (2) A hospital. However, to the extent that a 2-27 hospital's nursing home, personal care home as defined 2-28 by Code Section 31-6-2, hospice as defined by Code 2-29 Section 31-7-172, respite care service as defined by 2-30 Code Section 49-6-72, adult day program, or home health 2-31 agency holds itself out as providing care, treatment, or 2-32 therapeutic activities for persons with Alzheimer's 2-33 disease or Alzheimer's-related dementia as part of a 2-34 specialty unit, such nursing home, personal care home, 2-35 hospice, respite care service, adult day program, or 2-36 home health agency shall be subject to the provisions of 2-37 this article. 2-38 31-8-182. (Index) 2-39 (a) Any entity, facility, program, or any instrumentality 2-40 of the state or political subdivision of the state other 2-41 than those excluded by Code Section 31-8-181 which 2-42 advertises, markets, or offers to provide specialized H. B. No. 558 -2- (Index) HB 558/AP 3- 1 care, treatment, or therapeutic activities for one or more 3- 2 persons with a probable diagnosis of Alzheimer's disease 3- 3 or Alzheimer's-related dementia shall disclose the form of 3- 4 care, treatment, or therapeutic activities provided beyond 3- 5 that care, treatment, or therapeutic activities provided 3- 6 to persons who do not have a probable diagnosis of 3- 7 Alzheimer's disease or Alzheimer's-related dementia. 3- 8 (b) The disclosure required by subsection (a) of this Code 3- 9 section shall be made in writing on the disclosure form 3-10 provided for by subsection (c) of this Code section and 3-11 provided to any person seeking information concerning 3-12 placement in or care, treatment, or therapeutic activities 3-13 from the entity, facility, program, or the instrumentality 3-14 of the state or of a political subdivision of the state 3-15 other than those excluded by Code Section 31-8-181. 3-16 (c) With input from persons and organizations with 3-17 experience or expertise regarding care, treatment, or 3-18 therapeutic activities for persons who have Alzheimer's 3-19 disease or Alzheimer's-related dementia, the department 3-20 shall develop a standard disclosure form. The disclosure 3-21 shall be made on such form. The entity, facility, 3-22 program, or the instrumentality of the state or a 3-23 political subdivision of the state other than those 3-24 excluded by Code Section 31-8-181 shall revise the 3-25 disclosure form whenever significant changes are made. 3-26 31-8-183. (Index) 3-27 The disclosure required by Code Section 31-8-182 shall 3-28 explain the specialized care, treatment, or therapeutic 3-29 activities provided to patients, residents, or 3-30 participants with Alzheimer's disease or 3-31 Alzheimer's-related dementia in each of the following 3-32 areas: 3-33 (1) The overall philosophy and mission of the entity, 3-34 facility, program, or of the instrumentality of the 3-35 state or of a political subdivision of the state other 3-36 than those excluded by Code Section 31-8-181 which 3-37 reflects the needs of patients or residents with 3-38 Alzheimer's disease or Alzheimer's-related dementia; 3-39 (2) The processes for accepting patients, residents, or 3-40 participants into the entity, facility, program, or 3-41 into the instrumentality of the state or of a political 3-42 subdivision of the state; for discharging patients, 3-43 residents, or participants from the entity, facility, H. B. No. 558 -3- (Index) HB 558/AP 4- 1 program, or from the instrumentality of the state or of 4- 2 a political subdivision of the state other than those 4- 3 excluded by Code Section 31-8-181; and for handling 4- 4 emergency situations; 4- 5 (3) The processes used for defining the programs of 4- 6 services of that entity, facility, program, or of that 4- 7 instrumentality of the state or of a political 4- 8 subdivision of the state other than those excluded by 4- 9 Code Section 31-8-181, including the method by which the 4-10 program of services responds to changes in the 4-11 patient's, resident's, or participant's needs; 4-12 (4) Staffing, staff training, and continuing education 4-13 practices; 4-14 (5) Description of the physical environment including 4-15 safety and security features; 4-16 (6) The frequency and types of activities for patients, 4-17 residents, or participants; 4-18 (7) The involvement of the entity, facility, program, or 4-19 of the instrumentality of the state or of a political 4-20 subdivision of the state other than those excluded by 4-21 Code Section 31-8-181 with families and family support 4-22 programs; and 4-23 (8) The charge structure of the specialized care, 4-24 treatment, or therapeutic activities, including any 4-25 additional fees. 4-26 31-8-184. (Index) 4-27 (a) Failure to provide disclosure as required by this 4-28 article shall be considered a violation of Part 2 of 4-29 Article 15 of Chapter 1 of Title 10, the 'Fair Business 4-30 Practices Act of 1975,' and all public and private 4-31 remedies available under such part shall be available with 4-32 regard to a violation of this article. 4-33 (b) Within existing procedures, the department may examine 4-34 the disclosure form required by this article to verify its 4-35 accuracy. If determined to be inaccurate, the department 4-36 shall require the entity, facility, program, or the 4-37 instrumentality of the state or of a political subdivision 4-38 of the state other than those excluded by Code Section 4-39 31-8-181 either to: 4-40 (1) Provide the specialized care, treatment, or 4-41 therapeutic activities listed on the disclosure form; or H. B. No. 558 -4- (Index) HB 558/AP 5- 1 (2) Modify the disclosure form to reflect the 5- 2 specialized care, treatment, or therapeutic activities 5- 3 actually being offered. 5- 4 The entity, facility, program, or the instrumentality of 5- 5 the state or of a political subdivision of the state other 5- 6 than those excluded by Code Section 31-8-181 will make the 5- 7 decision of which alternative listed in paragraph (1) or 5- 8 (2) of this subsection to pursue. Action by the department 5- 9 in pursuit of this subsection shall not affect the 5-10 licensing process for any entity, facility, program, or 5-11 the instrumentality of the state or of a political 5-12 subdivision of the state other than those excluded by Code 5-13 Section 31-8-181. 5-14 (c) For the purposes of the review and verification 5-15 referred to in subsection (b) of this Code section, the 5-16 disclosure form being provided to the public at the time 5-17 of the review and verification shall be used." SECTION 2. 5-18 Said title is further amended by adding a new chapter to 5-19 read: "CHAPTER 42 5-20 31-42-1. (Index) 5-21 This chapter shall be known and may be cited as the 5-22 'Osteoporosis Prevention and Treatment Education Act.' 5-23 31-42-2. (Index) 5-24 The purposes of this chapter are, to the extent funds are 5-25 available: 5-26 (1) To create a multigenerational, state-wide program to 5-27 promote awareness and knowledge about osteoporosis, risk 5-28 factors, prevention, detection, and treatment options; 5-29 (2) To facilitate understanding of osteoporosis with 5-30 educational materials, information about research, 5-31 services, and strategies for prevention and treatment; 5-32 (3) To utilize educational and training resources of 5-33 organizations with expertise and knowledge of 5-34 osteoporosis; 5-35 (4) To evaluate the quality and accessibility of 5-36 osteoporosis services of community based services; H. B. No. 558 -5- (Index) HB 558/AP 6- 1 (5) To provide easy access to clear, complete, and 6- 2 accurate osteoporosis information and referral services; 6- 3 (6) To educate and train service providers, health 6- 4 professionals, and physicians; and to heighten awareness 6- 5 about the prevention, detection, and treatment of 6- 6 osteoporosis among health and human service officials, 6- 7 health educators, and policy makers; and 6- 8 (7) To promote the development of support groups for 6- 9 osteoporosis patients and their families and caregivers. 6-10 31-42-3. (Index) 6-11 The department shall establish strategies to promote and 6-12 maintain an osteoporosis prevention and treatment 6-13 education program in order to raise public awareness, 6-14 educate consumers, and train health professionals, 6-15 teachers, and human service providers, including: 6-16 (1) Public awareness. The department shall develop 6-17 strategies for raising public awareness of the causes 6-18 and nature of osteoporosis, personal risk factors, value 6-19 of prevention and early detection, and options for 6-20 diagnosis and treatment; 6-21 (2) Consumer education. The department shall develop 6-22 strategies for educating consumers about risk factors, 6-23 diet and exercise, diagnostic procedures and their 6-24 indications for use, risks and benefits of drug 6-25 therapies currently approved by the U.S. Food and Drug 6-26 Administration, and the availability of services; 6-27 (3) Professional education. The department may develop 6-28 strategies for educating physicians and health 6-29 professionals and training service providers on 6-30 osteoporosis prevention, diagnosis, and treatment, 6-31 including guidelines for detecting and treating in 6-32 special populations, and medication options; 6-33 (4) Needs assessment. The department may conduct a needs 6-34 assessment to identify research being conducted; 6-35 technical assistance and educational materials and 6-36 programs nationwide; the level of awareness about 6-37 osteoporosis; the needs of patients, families, and 6-38 caregivers; the needs of health care providers, 6-39 including managed care organizations; the services 6-40 available to patients; existence of treatment programs; 6-41 existence of rehabilitation services; and number and 6-42 location of bone density testing equipment. To the H. B. No. 558 -6- (Index) HB 558/AP 7- 1 extent that funds are specifically appropriated, the 7- 2 department shall develop and maintain a resource guide 7- 3 to include osteoporosis related services; and 7- 4 (5) Technical assistance. The department may 7- 5 replicate and use successful osteoporosis programs and 7- 6 contracts with and purchase materials or services from 7- 7 organizations with expertise and knowledge of 7- 8 osteoporosis." SECTION 3. 7- 9 All laws and parts of laws in conflict with this Act are 7-10 repealed. H. B. No. 558 -7- (Index)

Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97