05 LC 19
6644S
House
Resolution 512 (RULES COMMITTEE SUBSTITUTE)
By:
Representatives Watson of the
91st,
Stephenson of the
92nd,
Mosby of the
90th,
Williams of the
89th,
Mangham of the
94th,
and others
A
RESOLUTION
Creating
the House Community Living Services Study Committee; and for other
purposes.
WHEREAS,
it is the policy of this state to promote policies that place individuals in the
appropriate level of care based on their individual needs; and
WHEREAS,
it is the policy of this state to promote policies in favor of
deinstitutionalization; and
WHEREAS,
the policy of this state to protect the health, safety, and welfare of
Georgiás
persons and property would be best served by a uniform approach to the delivery
of all community living services that fairly balances the needs of individuals
with the needs of the community; and
WHEREAS,
community living services are provided in personal care homes, adult community
living arrangements, and child care institutions; and
WHEREAS,
the Department of Human Resources contains four divisions (Public Health, Family
and Children Services, Aging Services, and Mental Health, Developmental
Disabilities, and Addictive Diseases) and three offices (Office of Regulatory
Services, Office of Adoptions, and Office of Child Support Enforcement);
and
WHEREAS,
community living services are primarily delivered through the Office of Aging,
and the Division of Mental Health, Developmental Disabilities, and Addictive
Diseases; and
WHEREAS,
the Office of Regulatory Services responsibilities include inspecting,
monitoring, licensing, registering, and certifying a variety of health and child
care facilities; and
WHEREAS,
there has emerged a trend in these facilities throughout the state, specifically
DeKalb in the southern and eastern portions of the county; and
WHEREAS,
personal care homes are defined as a health care facility within the Georgia
Code; and
WHEREAS,
community living arrangements and child care institutions are not defined as
health care facilities within the Georgia Code; and
WHEREAS,
the delivery of all community living arrangements would be best served by a plan
that includes best practices in delivering such services in the community;
and
WHEREAS,
the current Code and Regulations relating to all community living services have
been amended numerous times resulting in some provisions of the Code being
confused and inconsistent; and
WHEREAS,
the Department of Human Resources, the Department of Community Health, child
advocates, senior advocates, mental health advocates, community advocates,
county governments, and state policymakers recognize that our state would be
best served by a comprehensive, research based, best practices model that would
govern the delivery of community living services.
NOW,
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created
the House Community Living Services Study Committee to be composed of the
following members:
(1)
Three members of the House of Representatives to be appointed by the Speaker of
the House, one of whom shall be designated as the cochairperson;
(2)
A representative from the Association of County Commissioners;
(3)
A representative from the Georgia Municipal Association;
(4)
The commissioner of the Department of Human Resources or his or her
designee;
(5)
The commissioner of the Department of Community Health or his or her
designee;
(6)
A representative from the Office of Regulatory Services or his or her
designee;
(7)
A representative from the Georgia Council on Aging;
(8)
A representative from the Association of Personal Care Homes;
(9)
A representative from a neighborhood association;
(10)
A representative from a mental health advocacy group;
(11)
A representative from a developmental disabilities advocacy group;
(12)
A representative from an area agency on aging; and
(13)
Three members appointed by the Governor.
The
Governor shall also appoint two other persons who shall serve in an advisory
capacity to the committee. Any vacancy on the committee shall be filled by
appointment by the original appointing authority.
BE
IT FURTHER RESOLVED that the committee shall study the conditions, needs,
issues, and problems of community living services in Georgia. In conducting
such study, the committee shall study community living arrangements in Georgia
and other states and shall elicit views from experts in the field. The
committee shall examine recent court decisions affecting the delivery of
community living services and shall determine what revisions to the Code, if
any, are necessary and desirable. The committee shall review the range of
services or sanctions that are needed to best serve the needs of the community,
families, and children. The committee may appoint subcommittees composed of
members of this committee as well as public officials and citizens who have
expertise or particular interest in the various areas of community living
services. The committee shall meet for the purpose of organizing and electing
such officers as it deems advisable, determining a quorum, adopting procedures
for operations, and attending to such other matters as it deems appropriate
within 45 days of this resolution becoming law. The date, time, and place of
the first meeting shall be determined by the Governor. The Office of
Legislative Counsel shall provide staff to the committee. The committee may
enter into agreements with other state agencies for such additional staff or
support as the committee may determine to be necessary. The committee shall
recommend to the Governor and the General Assembly any action or legislation
which the committee deems necessary or appropriate and shall oversee the
implementation of such recommendations. The legislative members of the
committee shall receive the allowances provided for in Code Section 28-1-8 of
the Official Code of Georgia Annotated. All funds necessary to carry out the
provisions of this resolution shall come from funds appropriated to the House of
Representatives. The expenses and allowances authorized by this resolution
shall not be received by the members of the House of Representatives for more
than three days unless additional days are authorized as provided by the rules
of the House of Representatives. In the event the committee makes a report of
its findings and recommendations, with suggestions for proposed legislation, if
any, such report shall be made on or before December 31, 2005. This resolution
shall be repealed on December 31, 2005, and the committee and all subcommittees
of the committee shall stand abolished on December 31, 2005.