07 LC 25
4734
House
Bill 461
By:
Representatives Sheldon of the
105th,
Burkhalter of the
50th,
Stephens of the
164th,
Butler of the
18th,
and Graves of the
12th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia
Annotated, relating to powers and duties of the Department of Human Resources
with respect to mental health, so as to require the privatization of one or more
state facilities for the treatment of mental illness; to provide for contracts;
to provide for requirements for the operation of the treatment facility or
facilities; to provide for the continued employment for current employees; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating
to powers and duties of the Department of Human Resources with respect to mental
health, is revised by adding a new Code section to the end of such article to
read as follows:
"37-1-25.
(a)
The department shall, through a request for proposals, privatize the West
Central Georgia Regional Hospital or one or more other state facilities for the
treatment of mental illness under the control and supervision of the department.
The department shall begin the implementation of such privatization no later
than November 1, 2007.
(b)
The department may enter into one or more contracts, not to exceed 23 years,
with a private provider or providers to finance, design, and construct a
treatment facility having up to 350 beds and to operate all aspects of daily
operations of the facility. Any such contract or contracts shall be contingent
upon appropriations and shall include provisions to terminate the contract upon
determination that sufficient funds have not been appropriated.
(c)
The department and the contractor or contractors shall ensure that the treatment
facility or facilities are operated as a part of the total continuum of care for
persons who are mentally ill. Each contractor shall ensure that each treatment
facility under its control effectively treats persons who are mentally ill and
assists them in returning to the community as quickly as possible.
(d)
Current employees of any treatment facility which is privatized pursuant to this
Code section shall be given first preference for continued employment by the
contractor. The department shall make reasonable efforts to find suitable job
placements for employees who wish to remain employed with the
state.
(e)
Any request for proposals issued pursuant to this Code section shall be
conducted in accordance with Article 3 of Chapter 5 of Title 50 and applicable
rules and regulations of the Department of Administrative
Services."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.