05 LC 28
2152
House
Bill 309
By:
Representatives Forster of the
3rd,
Rynders of the
152nd,
Cooper of the
41st,
Hembree of the
67th,
Burmeister of the
119th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 31 of the Official Code of Georgia Annotated, relating to health,
Code Section 44-5-150 of the Official Code of Georgia Annotated, relating to the
duties of the Advisory Board on Anatomical Gift Procurement, and Title 49 of the
Official Code of Georgia Annotated, relating to social services, so as to
correct the names of committees of the General Assembly; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended by
striking subsections (b) and (d) of Code Section 31-6-21.1, relating to
procedures for rule making by Department of Community Health, and inserting in
lieu thereof new subsections (b) and (d) to read as follows:
"(b)
The department shall transmit three copies of the notice provided for in
paragraph (1) of subsection (a) of Code Section 50-13-4 to the legislative
counsel. The copies shall be transmitted at least 30 days prior to that
department́s
intended action. Within five days after receipt of the copies, if possible, the
legislative counsel shall furnish the presiding officer of each house with a
copy of the notice and mail a copy of the notice to each member of the Health
and Human Services Committee of the Senate and each member of the Health and
Ecology
Human
Services Committee of the House of
Representatives. Each such rule and any part thereof shall be subject to the
making of an objection by either such committee. Any rule or part thereof to
which no objection is made by both such committees may become adopted by the
department at the end of such 30 day period. The department may not adopt any
such rule or part thereof which has been changed since having been submitted to
those committees unless:
(1)
That change is to correct only typographical errors;
(2)
That change is approved in writing by both committees and that approval
expressly exempts that change from being subject to the public notice and
hearing requirements of subsection (a) of Code Section 50-13-4;
(3)
That change is approved in writing by both committees and is again subject to
the public notice and hearing requirements of subsection (a) of Code Section
50-13-4; or
(4)
That change is again subject to the public notice and hearing requirements of
subsection (a) of Code Section 50-13-4 and the change is submitted and again
subject to committee objection as provided in this subsection.
Nothing
in this subsection shall prohibit the department from adopting any rule or part
thereof without adopting all of the rules submitted to the committees if the
rule or part so adopted has not been changed since having been submitted to the
committees and objection thereto was not made by both
committees."
"(d)
Any rule or part thereof which is objected to by only one committee under
subsection (b) of this Code section and which is adopted by the department may
be considered by the branch of the General Assembly whose committee objected to
its adoption by the introduction of a resolution for the purpose of overriding
the rule at any time within the first 30 days of the next regular session of the
General Assembly. It shall be the duty of the department in adopting a proposed
rule over such objection so to notify the chairmen of the Health and Human
Services Committee of the Senate and the Health and
Ecology
Human
Services Committee of the House within ten
days after the adoption of the rule. In the event the resolution is adopted by
such branch of the General Assembly, it shall be immediately transmitted to the
other branch of the General Assembly. It shall be the duty of the presiding
officer of the other branch of the General Assembly to have such branch, within
five days after the receipt of the resolution, consider the resolution for the
purpose of overriding the rule. In the event the resolution is adopted by
two-thirds of the votes of each branch of the General Assembly, the rule shall
be void on the day after the adoption of the resolution by the second branch of
the General Assembly. In the event the resolution is ratified by a majority but
by less than two-thirds of the votes of either branch, the resolution shall be
submitted to the Governor for his approval or veto. In the event of his veto,
the rule shall remain in effect. In the event of his approval, the rule shall
be void on the day after the date of his
approval."
SECTION
2.
Said
title is further amended by striking Code Section 31-6-46, relating to annual
reports by department, and inserting in lieu thereof a new Code Section 31-6-46
to read as follows:
"31-6-46.
The
department shall prepare and submit an annual report to the Health and Human
Services Committee of the Senate and the Health and
Ecology
Human
Services Committee of the House of
Representatives about its operations and decisions for the preceding 12 month
period, not later than 30 days prior to each convening of the General Assembly
in regular session. Either committee may request any additional reports or
information, including decisions, from the department at any time, including a
period in which the General Assembly is not in regular
session."
SECTION
3.
Said
title is further amended by striking Code Section 31-43-4, relating to members
of the Commission on
Meńs
Health, and inserting in lieu thereof a new Code Section 31-43-4 to read as
follows:
"31-43-4.
The
commission shall consist of 11 members: seven members appointed by the Governor;
two members of the Senate appointed by the President of the Senate, one of whom
shall be the chairperson of the Senate Health and Human Services Committee or
his or her designee; and two members of the House of Representatives appointed
by the Speaker of the House, one of whom shall be the chairperson of the House
Committee on Health and
Ecology
Human
Services or his or her designee. The
Governor may also appoint an honorary chairperson to serve as a member of the
commission."
SECTION
4.
Code
Section 44-5-150 of the Official Code of Georgia Annotated, relating to the
duties of the Advisory Board on Anatomical Gift Procurement, is amended by
striking paragraph (7) and inserting in lieu thereof a new paragraph (7) to read
as follows:
"(7)
Report biennially to the Governor, the Health and
Ecology
Human
Services Committee of the House of
Representatives, and the Health and Human Services Committee of the Senate
regarding the progress and actions of the advisory
board."
SECTION
5.
Title
49 of the Official Code of Georgia Annotated, relating to social services, is
amended by striking Code Section 49-4-149.1, relating to submission by
department of plan for family supplementation of Medicaid payments upon federal
removal of restrictions, and inserting in lieu thereof a new Code Section
49-4-149.1 to read as follows:
"49-4-149.1.
If
the federal government removes restrictions upon family supplementation of
Medicaid payments or approves a waiver allowing this supplementation, the
Department of Community Health shall submit to the Health and Human Services
Committee of the Senate and the Health and
Ecology
Human
Services Committee of the House of
Representatives a plan for this supplementation, which submission shall be made
within 30 days after the earlier of the date the restrictions are removed or the
date the waiver is
approved."
SECTION
6.
Said
title is further amended by striking Code Section 49-5-224, relating to
commissioner of human resources to submit annual report, and inserting in lieu
thereof a new Code Section 49-5-224 to read as follows:
"49-5-224.
The
commissioner of human resources shall submit an annual report to the House and
Senate Appropriations Committees, the House and Senate Education Committees, the
House Health and
Ecology
Human
Services Committee, the Senate Committee
on Youth,
Aging,
Health
and Human
Ecology
Services,
the Governor, and the Children and Youth Coordinating Council. The report shall
contain a copy of the updated State Plan for the Coordinated System of Care.
The report shall also contain the following information on severely and
emotionally disturbed children and adolescents receiving services directly or
indirectly through the Department of Human Resources, the Department of
Education, or any other state agency:
(1)
The number and ages of children in out-of-state residential
facilities;
(2)
The number and ages of children in in-state residential facilities;
(3)
The number and ages of children in nonresidential treatment;
(4)
Annual public funds expended for out-of-state placements, the sources of such
funds, and the average cost per child of such out-of-state
placement;
(5)
Annual public funds expended for in-state residential placements, the sources of
such funds, and their average cost per child of such in-state residential
placement;
(6)
Annual public funds expended for nonresidential treatment, the sources of such
funds, and the average cost per child of such nonresidential
treatment;
(7)
The average length of stay in out-of-state and in-state placements;
and
(8)
The number and ages of children placed in out-of-home treatment compared to the
total number of children in each county of the
state."
SECTION
7.
Said
title is further amended by striking Code Section 49-5-227, relating to Children
and Youth Coordinating Council to comment on plan for Coordinated System of Care
and provide recommendations, and inserting in lieu thereof a new Code Section
49-5-227 to read as follows:
"49-5-227.
The
Children and Youth Coordinating Council shall:
(1)
Annually review and comment on the State Plan for the Coordinated System of
Care, and submit its comments to the House and Senate Appropriations Committees,
the House and Senate Education Committees, the House Health and
Ecology
Human
Services Committee, the Senate Committee
on Youth,
Aging,
Health
and Human
Ecology
Services,
the Governor, the Department of Human Resources, and the Department of
Education;
and
(2)
Annually identify and recommend fiscal, policy, and program initiatives and
revisions in the state coordinated system of care to the House and Senate
Appropriations Committees, the House and Senate Education Committees, the House
Health and
Ecology
Human
Services Committee, the Senate Committee
on Youth,
Aging,
Health
and Human
Ecology
Services,
the Governor, the Department of Human Resources, and the Department of
Education."
SECTION
8.
Said
title is further amended by striking subsection (g) of Code Section 49-6-62,
relating to establishment of community care unit, and inserting in lieu thereof
a new subsection (g) to read as follows:
"(g)
The department shall submit on January 1 of each year, beginning in 1984, a
progress report on the implementation of the plan required by subsection (e) of
this Code section to the Speaker of the House of Representatives, the President
of the Senate, the chairman of the House Health and
Ecology
Human
Services Committee, and the chairman of
the Senate
Youth,
Aging,
Health
and Human
Ecology
Services
Committee."
SECTION
9.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.