05 LC 22
5898
House
Bill 782
By:
Representative Manning of the
32nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating
to the administration of services relating to mental health, developmental
disabilities, and addictive diseases, so as to provide for a plan to provide
community services to certain persons under the age of 22 years by December 31,
2006; to define terms; to provide for the goal of the plan and a date for
submission of the plan; to provide for applicability of the plan; to provide for
contents of the plan; to provide for related matters; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 37 of the Official Code of Georgia Annotated, relating to the
administration of services relating to mental health, developmental
disabilities, and addictive diseases, is amended in Code Section 37-2-7,
relating to the state plan for disability services, by inserting a new
subsection to be designated subsection (f) to read as follows:
"(f)(1)
As used in this subsection, the term:
(A)
'Community services' includes but is not limited to services listed in paragraph
(1) of Code Section 37-5-3.
(B)
'Developmental disability' means a severe, chronic disability of an individual
that:
(i)
Is attributable to a mental or physical impairment or combination of mental and
physical impairments;
(ii)
Is manifested before the individual attains 22 years of age;
(iii)
Is likely to continue indefinitely;
(iv)
Results in substantial functional limitations in three or more of the following
areas of major life activity:
(I)
Self-care;
(II)
Receptive and expressive language;
(III)
Learning;
(IV)
Mobility;
(V)
Self-direction;
(VI)
Capacity for independent living; and
(VII)
Economic self-sufficiency; and
(v)
Reflects the
individuaĺs
need for a combination and sequence of special, interdisciplinary, or generic
services, individualized supports, or other forms of assistance that are of
lifelong or extended duration and are individually planned and coordinated.
(C)
'State funds' includes any funds appropriated by the General Assembly and any
Medicaid funds administered by the Department of Community Health.
(2)
No later than December 31, 2005, the Department of Human Resources shall submit
a plan to the General Assembly to provide community services by December 31,
2006, to persons who meet the criteria set out in paragraph (3) of this
subsection. The goal of the plan is enabling each such person to receive
disability services from the department or from a community service board or
other provider by contract with the department while living with his or her own
family, or, if that is not possible, while living with an adoptive
family.
(3)
The plan required by paragraph (2) of this subsection shall apply to all persons
under the age of 22 years who are:
(A)
Receiving disability services, as defined in Code Section 37-2-2, from the
department in an institution, including persons who are receiving residential
treatment under court order;
(B)
Receiving disability services, as defined in Code Section 37-2-2, from the
department or a community service board or other provider by contract with the
department;
(C)
Receiving disability services or related medical services from any provider that
receives states funds for providing such services;
(D)
On a waiting list to receive disability services, as defined in Code Section
37-2-2, from the department or a community service board or other provider by
contract with the department; or
(E)
In need of services because of a developmental disability, as defined in
paragraph (1) of this subsection.
(4)
The plan required by paragraph (2) of this subsection shall include but not be
limited to:
(A)
Identification of all persons to whom the plan will apply in accordance with
paragraph (3) of this subsection;
(B)
Identification of tasks to be accomplished in order to provide community
services as described in paragraph (2) of this subsection; and
(C)
Description of the resources needed to provide community services as described
in paragraph (2) of this
subsection."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.