Bill Text: GA HB787 | 2011-2012 | Regular Session | Introduced
Bill Title: Behavioral Health, Department of; changes to allocation rates for providers must have legislative ratification; provide
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2012-01-25 - House Second Readers [HB787 Detail]
Download: Georgia-2011-HB787-Introduced.html
12 LC
33 4440
House
Bill 787
By:
Representatives Setzler of the
35th,
Dempsey of the
13th,
and Houston of the
170th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating
to governing and regulation of mental health, so as to provide that any changes
by the Department of Behavioral Health and Developmental Disabilities to
allocation rates or formulas for providers must have legislative ratification;
to provide that provider contracts include certain requirements; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 37 of the Official Code of Georgia Annotated, relating to governing
and regulation of mental health, is amended by adding new Code sections to
Article 1, relating to general provisions, to read as follows:
"37-1-7.
(a)
Any change to allocation rates or formulas proposed by the department shall be
submitted by the department to the General Assembly and shall become effective
only when ratified by joint resolution of the General Assembly. The power of
the department to revise such allocation rates or formulas shall be deemed to be
dependent upon such ratification.
(b)
If the General Assembly does not approve revised allocation rates or formulas in
accordance with this Code section, then the current allocation rates or formulas
shall remain in effect.
(c)
This Code section shall apply to provider rates, rate models, rate structures,
formula based compensation, or other allocation rates or methods for services
provided to consumers on behalf of or at the direction of the department which
affect more than 50 percent of a program budget of the department, as contained
in an Appropriations Act.
37-1-8.
Any
contract entered into or renewed on or after July 1, 2012, by the department
with a contractor which provides services to consumers on behalf of or at the
direction of the department shall contain the following provisions:
(1)
No subcontractor or employee of the contractor shall be prohibited from
continuing to provide services to a client which was not placed with the
subcontractor or employee by the contractor if such subcontractor or employee
discontinues its subcontract or employment with the contractor; and
(2)
All subcontractors and employees of the contractor that provide services on
behalf of the contractor pursuant to the contract with the department shall be
compensated in a manner that is consistent with the cost model established by
the department for subcontractors and employees with respect to rates, direct
and indirect costs, hourly wages, and
benefits."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.