Title 31, Chapter 5A, Section 4
( 31-5A-4)
(a) The Department of Community Health is created and established to
perform the functions and assume the duties and powers exercised on
June 30, 1999, by the State Personnel Board solely with respect to
the state health benefit plan, the Health Planning Agency, and the
Department of Medical Assistance. The department shall also assume
powers and responsibility with respect to the expenditure of any
funds appropriated to the department including, without being
limited to, funds received by the state pursuant to the settlement
of the lawsuit filed by the state against certain tobacco companies,
State_of_Georgia,_et_al._v._Philip_Morris,_Inc.,_et_al., Civil
Action #E-61692, V19/246 (Fulton County Superior Court, December 9,
1998). (b) The divisions of the department shall be as follows: (1) The Health Planning Agency, as it existed on June 30, 1999, is
continued in existence on and after July 1, 1999, but shall
thereafter be the Division of Health Planning within the
department; (2) The Department of Medical Assistance, as it existed on June
30, 1999, is continued in existence on and after July 1, 1999, but
shall thereafter be the Division of Medical Assistance within the
department; (3) The Health Benefit Services Division of the State Merit System
of Personnel Administration, as it existed on June 30, 1999, is
continued in existence on and after July 1, 1999, but shall
thereafter be the Division of Public Employee Health Benefits
within the department; and (4) Such other divisions as the board may establish within the
department. (c) The executive director of the Health Planning Agency in office
on June 30, 1999, the commissioner of medical assistance in office
on June 30, 1999, and the director of the Health Benefit Services
Division of the State Merit System of Personnel Administration in
office on June 30, 1999, shall become directors of the respective
divisions which those predecessor agencies or divisions have become
on and after July 1, 1999, and until such time as the commissioner
appoints other directors of such divisions. (d)(1) There is created in the department the Office of Women's
Health. Attached to the office shall be an 11 member advisory
council. The members of the advisory council shall be appointed
by the Governor and shall be representative of major public and
private agencies and organizations in the state and shall be
experienced in or have demonstrated particular interest in women's
health issues. Each member shall be appointed for two years and
until his or her successor is appointed. The members shall be
eligible to succeed themselves. The council shall elect its
chairperson from among the councilmembers for a term of two years.
The Governor may name an honorary chairperson of the council. (2) The Office of Women's Health shall serve in an advisory
capacity to the Governor, the General Assembly, the board, the
department, and all other state agencies in matters relating to
women's health. In particular, the office shall: (A) Raise awareness of women's nonreproductive health issues; (B) Inform and engage in prevention and education activities
relating to women's nonreproductive health issues; (C) Serve as a clearing-house for women's health information for
purposes of planning and coordination; (D) Issue reports of the office's activities and findings; and (E) Develop and distribute a state comprehensive plan to address
women's health issues. (3) The Office of Women's Health shall have a full-time executive
director appointed by the commissioner and shall be provided with
staff personnel, office and meeting facilities, and other
necessary items by the department. The council shall meet upon the
call of its chairperson, the board, or the commissioner. (e) The board of regents is authorized to contract with the
department for health benefits for members, employees, and retirees
of the board of regents and the dependents of such members,
employees, and retirees and for the administration of such health
benefits. The department is also authorized to contract with the
board of regents for such purposes. (f) In addition to its other powers, duties, and functions, the
department: (1) Shall be the lead agency in coordinating and purchasing health
care benefit plans for state and public employees, dependents, and
retirees and may also coordinate with the board of regents for the
purchase and administration of such health care benefit plans for
its members, employees, dependents, and retirees; (2) Is authorized to plan and coordinate medical education and
physician workforce issues; (3) Is authorized to convene at least quarterly a state agency
coordinating committee comprised of the commissioners, directors,
chairpersons, or their designees, of the following agencies
involved in health related activities: the Department of Human
Resources, including the Division of Public Health, the Division
of Mental Health, Mental Retardation, and Substance Abuse, and the
Office of Aging thereof, the Department of Juvenile Justice, the
Department of Corrections, the Insurance Department, the State
Merit System of Personnel Administration, the State Board of
Workers' Compensation, and the Governor's Office of Planning and
Budget. The board of regents may also designate a person to serve
on the coordinating committee. The committee will convene for the
purposes of planning and coordinating health issues that have
interagency considerations. The commissioner of the department
will serve as the chairperson of the state agency coordinating
committee and will report to the Governor the activities,
findings, and recommendations of the committee; (4) Shall investigate the lack of availability of health insurance
coverage and the issues associated with the uninsured population
of this state. In particular, the department is authorized to
investigate the feasibility of creating and administering
insurance programs for small businesses and political subdivisions
of the state and to propose cost-effective solutions to reducing
the numbers of uninsured in this state; (5) Shall study and recommend any additional functions needed to
carry out the purposes of the department, including the creation
of a consumer medical advocate. Such recommendations shall be
made to the Governor and General Assembly by December 31, 1999; (6) Is authorized to appoint a health care work force policy
advisory committee to oversee and coordinate work force planning
activities; and (7) Is authorized to solicit and accept donations, contributions,
and gifts and receive, hold, and use grants, devises, and bequests
of real, personal, and mixed property on behalf of the state to
enable the department to carry out its functions and purposes. |