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Committee advances department bill shifting mental‑health and substance‑use facility regulation from DCH to DBHDD
Summary
The Senate committee approved a department bill to move regulation of certain residential mental‑health, substance‑use and intellectual‑disability facilities from the Department of Community Health to the Department of Behavioral Health and Developmental Disabilities.
The Senate Health and Human Services Committee unanimously approved a department bill that transfers regulatory responsibility for certain facility types from the Department of Community Health (DCH) to the Department of Behavioral Health and Developmental Disabilities (DBHDD).
A sponsor explained the change is intended to consolidate regulation for facilities that DBHDD already engages with in their broader programmatic work. The substitute (LC570270S) shifts regulatory authority for residential mental‑health programs, community living arrangements (CLAs) that serve people with intellectual disabilities, drug‑abuse treatment programs and narcotic treatment programs from DCH to DBHDD. Personal care homes, assisted‑living communities and skilled nursing facilities remain regulated by DCH.
Melanie Simon, general counsel for the Georgia Department of Community Health, told the committee that unlicensed activity in these areas would be investigated by DBHDD and often coordinated with the Georgia Bureau of Investigation or the attorney general’s office when criminal allegations arise.
Committee members asked about audits, certification, and Medicaid enrollment. Officials said the state’s fiscal agent role and Medicaid provider‑payment functions remain with DCH for provider types that enroll in Medicaid; the move is intended to eliminate duplicate certification and licensing surveys and to streamline routine inspections under a single regulator.
Sponsor and department representatives said staff who currently perform these regulatory functions will move to DBHDD as part of the budgeted shift and that reporting obligations for abuse, neglect and exploitation will be carved out so DBHDD receives reports for the facilities now under its oversight.
The committee advanced the department bill by unanimous voice vote and discussed that a separate study committee on recovery residences is likely to propose future legislation. Senators agreed the change aims to reduce duplicative oversight and improve coordination for mental‑health and substance‑use programs.
