07 LC 35 0314
House
Bill 73
By:
Representatives Day of the
163rd,
Horne of the
71st,
and Neal of the
1st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 31-5A-4 of the Official Code of Georgia Annotated, relating
to the Department of Community Health´s powers, duties, functions, and
responsibilities and contracts for health benefits, so as to require the
Department of Community Health to provide emergency transportation services
during a declared state of emergency for the elderly, disabled, and children
residing in certain state licensed facilities; to amend Code Section 31-7-3 of
the Official Code of Georgia Annotated, relating to requirements for permits to
operate institutions, so as to require notification to certain departments,
local officials, and utilities; to amend Code Section 31-12-2.1 of the Official
Code of Georgia Annotated, relating to the investigation of potential
bioterrorism activity, and regulations and planning for public health
emergencies, so as to require that the State´s emergency response plan
include a plan for the evacuation and transportation of persons receiving
treatment or care in certain state licensed facilities; to amend Code Section
38-3-27 of the Official Code of Georgia Annotated, relating to local
organizations for emergency management, so as to require organizations receiving
government assistance for the provision of housing for the elderly or disabled
to provide certain notice to local emergency management organizations; to
provide for related matters; to provide effective dates; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 31-5A-4 of the Official Code of Georgia Annotated, relating to the
Department of Community Health´s powers, duties, functions, and
responsibilities and contracts for health benefits, is amended by adding a new
paragraph (9) immediately following paragraph (8) of subsection (f) to read as
follows:
"(9)
Shall make available by contract emergency transportation services for the
elderly, disabled, and children residing in facilities licensed under Chapter 7
of Title 31 for the purpose of receiving long term health care, including
nursing homes, personal care homes, or other licensed assisted living homes in
the event of a declared state of emergency requiring evacuation of the facility.
A copy of the agreement shall be provided upon request to the Georgia Emergency
Management Agency and to each local organization for emergency management
established pursuant to Code Section
38-3-27."
SECTION
2.
Code
Section 31-7-3 of the Official Code of Georgia Annotated, relating to
requirements for permits to operate institutions, is amended by striking
subsection (c) thereof and inserting in its place the following:
"(c)
The department shall require a facility licensed under this article and rules
and regulations adopted pursuant thereto to have a written and regularly
rehearsed disaster preparedness plan, approved by the department, for staff and
residents to follow in case of fire, explosion, or other emergency, including
interruption of electrical power supply, gas-heating supply, and water supply.
The plan shall include written procedures for personnel to follow in an
emergency including care of the resident; notification of attending physician
and other persons responsible for the resident; and arrangements for
transportation,
evacuation,
for
hospitalization,
for
alternate living arrangements,
for
emergency energy sources,
or
for
and
other appropriate services.
The disaster
preparedness plan shall also include a provision that the facility notify local
fire and police departments and utility companies of their existence and
resident occupancy capacity. Within 30 days following the adoption of the
plan or any modification to the plan, a copy shall be provided to the department
and to the local organization for emergency management having jurisdiction over
the facility as provided in Code Section
38-3-27."
SECTION
3.
Code
Section 31-12-2.1 of the Official Code of Georgia Annotated, relating to the
investigation of potential bioterrorism activity, and regulations and planning
for public health emergencies, is amended by striking subsection (c) and
inserting in its place the following:
"(c)
The department shall promulgate, prepare, and maintain a public health emergency
plan and draft executive order for the declaration of a public health emergency
pursuant to Code Section 38-3-51 and Chapter 13 of Title 50.
The plan shall
include a provision for the emergency transportation and evacuation of persons
receiving treatment or care in a facility licensed under Chapter 7 of Title 31,
including hospitals, nursing homes, personal care homes, or other licensed
assisted living homes for the care of the elderly, disabled, or children with
serious medical needs, in the event of a declared state of emergency requiring
the evacuation of such facility. In
preparation of such public health emergency plan and draft executive order, the
department shall consult and coordinate as appropriate with the Georgia
Emergency Management Agency, the Federal Emergency Management Agency, the
Georgia Department of Public Safety, the Georgia Department of Agriculture,
the Georgia
Department of Community Health, and the
federal Centers for Disease Control and Prevention.
A copy of the
public health emergency plan and any modification thereto shall be provided to
each department specified in this subsection and to each local organization for
emergency management established pursuant to Code Section
38-3-27."
SECTION
4.
Code
Section 38-3-27 of the Official Code of Georgia Annotated, relating to local
organizations for emergency management, is amended by adding immediately
following subsection (f) thereof a new subsection (g) to read as
follows:
"(g)
Any organization receiving assistance from a federal or state agency for the
purpose of providing housing to the disabled or elderly is required to notify
the local organization for emergency management having jurisdiction over the
residence or facility. Such notice shall include the location and the maximum
authorized resident occupancy of the residence or facility housing disabled or
elderly persons. Any organization receiving such governmental assistance shall
cooperate with local authorities and the local emergency management agency in
the development and notification of disabled and elderly residents of emergency
transportation and evacuation plans. The local governing authority may
establish, by ordinance, fines and penalties for a violation of the reporting
requirements created in this
subsection."
SECTION
5.
This
Act shall become effective only for the purposes of promulgating rules and
regulations thereunder upon its approval by the Governor or upon its becoming
law without such approval. This Act shall become effective for all other
purposes on January 1, 2008.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.