2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 2 - POWERS AND DUTIES OF THE DEPARTMENT (§§ 37-1-20 — 37-1-29) › Section 37-1-20 - Obligations of the Department of Behavioral Health and Developmental Disabilities

The department shall:
(1)
Establish, administer, and supervise the state programs for mental health, developmental disabilities, and addictive diseases;
(2)
Direct, supervise, and control the medical and physical care and treatment; recovery; and social, employment, housing, and community supports and services based on single or co-occurring diagnoses provided by the institutions, contractors, and programs under its control, management, or supervision;
(3)
Plan for and implement the coordination of mental health, developmental disability, and addictive disease services with physical health services, and the prevention of any of these diseases or conditions, and develop and promulgate rules and regulations to require that all health services be coordinated and that the public and private providers of any of these services that receive state support notify other providers of services to the same patients of the conditions, treatment, and medication regimens each provider is prescribing and delivering;
(4)
Ensure that providers of mental health, developmental disability, or addictive disease services coordinate with providers of primary and specialty health care so that treatment of conditions of the brain and the body can be integrated to promote recovery, health, and well-being;
(5)
Have authority to contract, including performance based contracts which may include financial incentives or consequences based on the results achieved by a contractor as measured by output, quality, or outcome measures, for services with community service boards, private agencies, and other public entities for the provision of services within a service area so as to provide an adequate array of services and choice of providers for consumers and to comply with the applicable federal laws and rules and regulations related to public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; county or municipal governments; any person, partnership, corporation, or association, whether public or private; and the United States government or the government of any other state;
(6)
Establish and support programs for the training of professional and technical personnel as well as regional advisory councils and community service boards;
(7)
Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health and addictive disease recovery;
(8)
Assign specific responsibility to one or more units of the department for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability;
(9)
Establish a system for local administration of mental health, developmental disability, and addictive disease services in institutions and in the community;
(10)
Make and administer budget allocations to fund the operation of mental health, developmental disabilities, and addictive diseases facilities and programs;
(11)
Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems;
(12)
Establish, operate, supervise, and staff programs and facilities for the treatment of disabilities throughout this state;
(13)
Disseminate information about available services and the facilities through which such services may be obtained;
(14)
Supervise the local office's exercise of its responsibility concerning funding and delivery of disability services;
(15)
Supervise the local offices concerning the administration of grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disabilities, and addictive diseases;
(16)
Supervise the administration of contracts with any hospital, community service board, or any public or private providers without regard to regional or state boundaries for the provision of disability services and in making and entering into all contracts necessary or incidental to the performance of the duties and functions of the department and the local offices;
(17)
Regulate the delivery of care, including behavioral interventions and medication administration by licensed staff, or certified staff as determined by the department, within residential settings serving only persons who are receiving services authorized or financed, in whole or in part, by the department;
(18)
Classify host homes for persons whose services are financially supported, in whole or in part, by funds authorized through the department. As used in this Code section, the term 'host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider that provides the host home services by contract with the department. The department shall approve and enter into agreements with community providers which, in turn, shall contract with host homes. The occupant owner or lessee shall not be the guardian of any person served, the conservator of the property of such person, the health care agent in such person's advance directive for health care, or the mental health care agent in such person's psychiatric advance directive. The placement determination for each person placed in a host home shall be made according to such person's choice as well as the individual needs of such person in accordance with the requirements of Code Section
37-3-162
,
37-4-122
, or
37-7-162
, as applicable to such person;
(19)
Provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements;
(20)
Supervise the regular visitation of disability services facilities and programs in order to assure contracted providers are licensed and accredited by the designated agencies prescribed by the department, and in order to evaluate the effectiveness and appropriateness of the services, as such services relate to the health, safety, and welfare of service recipients, and to provide technical assistance to programs in delivering services;
(21)
Establish a unit of the department which shall receive and consider complaints from individuals receiving services, make recommendations to the commissioner regarding such complaints, and ensure that the rights of individuals receiving services are fully protected. No later than October 1, 2023, and annually thereafter, such unit shall provide to the Office of Health Strategy and Coordination annual reports regarding such complaints;
(22)
With respect to housing opportunities for persons with mental illness and co-occurring disorders:
(A)
Coordinate the department's programs and services with other state agencies and housing providers;
(B)
Facilitate partnerships with local communities;
(C)
Educate the public on the need for supportive housing;
(D)
Collect information on the need for supportive housing and monitor the benefit of such housing;
(E)
Identify and determine best practices for the provision of services connected to housing; and
(F)
No later than October 1, 2023, and annually thereafter, provide to the Office of Health Strategy and Coordination an annual status report regarding successful housing placements and unmet housing needs for the previous year and anticipated housing needs for the upcoming year;
(23)
Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title;
(24)
Assign specific responsibility to one or more units of the department for the development of programs designed to serve disabled infants, children, and youth. To the extent permitted by law, such units shall cooperate with the Georgia Department of Education, the University System of Georgia, the Technical College System of Georgia, the Department of Juvenile Justice, the Department of Early Care and Learning, the Department of Public Health, and community service boards in developing such programs. No later than October 1, 2023, and annually thereafter, such department shall provide to the Office of Health Strategy and Coordination annual reports regarding such programs;
(25)
Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary;
(26)
Establish policies and procedures governing fiscal standards and practices of community service boards and their respective governing boards and no later than October 1, 2023, and annually thereafter, provide to the Office of Health Strategy and Coordination annual reports regarding the performance and fiscal status of each community service board;
(27)
Coordinate the establishment and operation of a data base and network to serve as a comprehensive management information system for behavioral health, addictive diseases, and disability services and programs; and
(28)
Establish the Multi-Agency Treatment for Children (MATCH) team within the department. The state MATCH team shall be composed of representatives from the Division of Family and Children Services of the Department of Human Services; the Department of Juvenile Justice; the Department of Early Care and Learning; the Department of Public Health; the Department of Community Health; the department; the Department of Education; the Office of the Child Advocate, and the Department of Corrections. The chairperson of the Behavioral Health Coordinating Council or his or her designee shall serve as the chairperson of the state MATCH team. The state MATCH team shall facilitate collaboration across state agencies to explore resources and solutions for complex and unmet treatment needs for children in this state and to provide for solutions, including both public and private providers, as necessary. The state MATCH team will accept referrals from local interagency children's committees throughout Georgia for children with complex treatment needs not met through the resources of their local community and custodians. The state agencies and entities represented on the state MATCH team shall coordinate with each other and take all reasonable steps necessary to provide for collaboration and coordination to facilitate the purpose of the state MATCH team.
Amended by 2022 Ga. Laws 836,§ 2-21, eff. 7/1/2022.
Amended by 2022 Ga. Laws 587,§ 5-1, eff. 7/1/2022.
Amended by 2015 Ga. Laws 236,§ 1, eff. 7/1/2015.
Amended by 2014 Ga. Laws 538,§ 1, eff. 4/16/2014.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2009 Ga. Laws 8,§ 37, eff. 4/14/2009.
Amended by 2008 Ga. Laws 454,§ 2, eff. 5/6/2008.
Amended by 2003 Ga. Laws 210, § 6, eff. 7/1/2003.
Amended by 2003 Ga. Laws 210, § 5, eff. 7/1/2003.
Amended by 2002 Ga. Laws 971, § 1-6, eff. 7/1/2002.