O.C.G.A. § 49-3-9 (2019)

History

Code 1981, § 49-3-9, enacted by Ga. L. 2015, p. 552, § 4/SB 138.

CHAPTER 4 PUBLIC ASSISTANCE Sec.

Article 1 General Provisions Sec.

Short title. Definitions. Establishment of categories of public assistance; powers and duties in administration of article. Residency requirements for public assistance. Determining amount of public assistance. Reserves, income, and resources to be disregarded. Receipt of compensation for residence sold by government action not to affect eligibility. Application for public assistance. Investigation and record concerning applicant. Physical examination of applicant. Award and payment of public assistance. Periodic redetermination of award; reporting changes in recipient’s circumstances; review by department. Hearings; appeal. Regulations as to records; use or disclosure of information; penalty. Fraud in obtaining public assistance, food stamps, or Medicaid; penalties; recovery of overpayments. Examination of financial records in instances of alleged fraud. Research, demonstration, and work experience programs; surplus food distribution. Funding costs of assistance and administration; county participation not required.

Article construed with federal Social Security Act; adoption of rules to comply with federal act. Social assistance register. Drug testing requirements; penalties; reapplication; confidentiality. Photo requirement on electronic benefits transfer cards for food stamps. Eligibility for aid under federal Supplemental Nutrition Assistance Program. Article 2 Old-Age Assistance

Short title. Definitions. Eligibility for assistance under this article. Duties of department under this article. Duties of county departments under this article. Assistance is neither assignable nor subject to legal process or bankruptcy law; payment of assistance check after death of recipient. Payment of assistance after recipient moves to another county. Claims to assistance subject to amendments or repeals. Roll book of employees. Article 3 Aid to the Blind

Short title. Definitions; when person considered blind. Eligibility for assistance under this article. Duties of department under this article. Duties of county departments under this article.

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Article 7 Examination of applicant by ophthalmologist or optometrist. Reexamination of recipient’s eyesight; furnishing information. Providing supplementary treatment services. Assistance is neither assignable nor subject to legal process or bankruptcy law; payment of assistance check after death of recipient. Recovery of assistance payments from recipient’s estate; federal share of amounts recovered. Payment of assistance after recipient moves to another county. Claims to assistance subject to amendments or repeals.

Medical Assistance Generally Sec.

Article 4 Aid to the Disabled

Definitions. Eligibility for assistance under this article. Duties of department under this article. Duties of county departments under this article. Assistance is neither assignable nor subject to legal process or bankruptcy law; payment of assistance check after death of recipient. Payment of assistance after recipient moves to another county. Claims to assistance subject to amendments or repeals.

Article 5 Aid to Families With Dependent Children

49-4-100 through 49-4-119. [Reserved]. Article 6

Medical Assistance for Aged 49-4-120 through 49-4-128. [Reserved].

Short title. Definitions. Department of Community Health established; adoption, administration, and modification of state plan; drug application fees; personal needs allowance. Legislative notification of request for waiver. Expansion of Medicaid eligibility through an increase in the income threshold. Waiver request to federal government on income threshold for Medicare and Medicaid services. Comprehensive review of provider reimbursement rates; development of proposed rate models, documentation, and policy changes. Waiver request allowing Medicaid reimbursement. Power of Board of Community Health; Board of Medical Assistance abolished. Chief administrative officer; powers and duties. Time limitations on claims for assistance; form of claims. Time for action on claim. Violations; penalties; recovery of excess amounts; termination and reinstatement; investigations. Voluntary termination of provider agreements by nursing facilities; adjustment of medical assistance rate; decertification. Civil forfeiture of property and proceeds obtained through Medicaid fraud. Enforcement of liens, claims, or offsets against assistance. Claims by department

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SOCIAL SERVICES Sec. against estate of Medicaid recipients. Department of Community Health not eligible to obtain nor liable for interest on orders, judgments, and liquidated or unliquidated amounts; exceptions. Recovery of assistance from third party liable for sickness, injury, disease, or disability. Lien of Department of Community Health against third parties; subrogation to recipients’ insurance claims; assignment of recipients’ claims. Plan for family supplementation of Medicaid payments upon federal removal of restrictions or waiver. Regulations as to maintenance and use of records; use of information. Obtaining information for investigations and audits. Errors or omissions in reporting; right to hearing; exclusion. Research and demonstration projects; pilot projects to provide health care coverage and essential health care services; pharmacy assistance programs. Medicaid Prescription Drug Bidding and Rebate Program. Rebates for sole-source and multiple-source drugs included in Controlled Medical Assistance Drug List. Reuse of unit dosage drugs. Department contracts to require refund of prescription drug rebates. Restocking fees. Medicaid coverage for mood disorders prescriptions. Hearings and appeals; judicial review. Powers and duties retained by Department of Human

Resources (Department of Community Health). Department of Community Health to succeed to existing rules, regulations, policies, procedures, and administrative orders. [Repealed] Tax exemption for health maintenance organizations with respect to contracts pursuant to this article. Reimbursement for services rendered under Article 5 of Chapter 6 of this title. Construction of this article with federal act. Certain dependents of military service members to maintain eligibility and priority for certain medical assistance and services. Medicaid coverage for lactation and postpartum care. State plan amendment to implement express lane eligibility in Medicaid and the PeachCare for Kids Program; enrollment and renewal. [Effective until December 31, 2025] Remote maternal health clinical services; reporting; termination. Biomarker testing for Medicaid recipients. Article 7A

Long-term Care Partnership Program

Short title. Definitions. Program established; purposes; assets to be disregarded with respect to Medicaid eligibility or payment or recovery by the state of payments for medical services. Eligibility for asset disregard; reciprocal agreements with other states to extend asset disregard mutually.

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Requirements for selling qualified long-term care insurance partnership policies; rules and regulations; reports. Notice to consumers.

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Article 7B False Medicaid Claims

Definitions. Civil penalties for false or fraudulent Medicaid claims. Role of Attorney General in pursuing cases; civil actions by private persons; procedures. Standard of proof; procedure; intervention by Attorney General. Protection of employees from discrimination; relief; statute of limitations. Statute of limitations. Venue. Article 7C

Therapy Services for Children with Disabilities

Legislative findings and intent. Definitions. Services and treatment for categorically needy and medically fragile children. Requirements relating to administrative prior approval for services and appeals; statutory construction.

Personal Representative to Manage Assistance Payments

Temporary Assistance for Needy Families

Grounds for appointing personal representative; petition by county or district director.