Georgia Code
Article 7 - Medical Assistance Generally
§ 49-4-142.2. Expansion of Medicaid Eligibility Through an Increase in the Income Threshold

On and after July 1, 2014, neither the department, the board, nor any other representative of the state shall expand Medicaid eligibility under this article through an increase in the income threshold without prior legislative approval; provided, however, that this shall not apply to any increase resulting from a cost-of-living increase in the federal poverty level. The legislative approval required under this Code section shall be by Act of the General Assembly or the adoption of a joint resolution of the General Assembly.
History. Code 1981, § 49-4-142.2 , enacted by Ga. L. 2014, p. 293, § 2/HB 990.
Effective date. —
This Code section became effective July 1, 2014.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2014, “July 1, 2014” was substituted for “the effective date of this Code section” at the beginning of the Code section.
Editor’s notes.
Ga. L. 2014, p. 293, § 1/HB 990, not codified by the General Assembly, provides that: “WHEREAS, the General Assembly is constitutionally mandated to balance the Georgia state budget through the annual appropriations process; and
“WHEREAS, the Medicaid program comprises one of the largest expenditures of state funds in the annual budget; and
“WHEREAS, any decision to increase the income threshold for eligibility for the Medicaid entitlement program in Georgia must be carefully considered within the context of the state’s responsibility to fund other critical state services, including education, infrastructure, and public safety; and
“WHEREAS, Governor Nathan Deal has demonstrated fiscal responsibility throughout his first term in office; and
“WHEREAS, Governor Deal has recently declined to expand Medicaid eligibility through an increase in the income threshold in Georgia’s Medicaid program despite efforts by the federal government to compel states to expand this entitlement program through provisions of the Affordable Care Act; and
“WHEREAS, expanding Medicaid eligibility by increasing the income threshold for the Medicaid entitlement program would dramatically increase the number of Georgians receiving public assistance that otherwise do not qualify for Medicaid benefits by meeting low income program requirements for aged, blind, and disabled individuals; for families or children age 18 and under; for aged, blind, and disabled individuals receiving nursing home care; for individuals receiving hospice care; for pregnant women; or for individuals with breast or cervical cancer; or by meeting other program requirements for children in foster care or adopted from foster care or for children with disabilities receiving services under a federal Deeming waiver; and
“WHEREAS, in support of Governor Deal’s stance against this effort to oblige states to expand the income threshold for Medicaid benefits and, in an effort to assure any similar efforts by the federal government are seriously evaluated in the future, the General Assembly determines it is essential that a potential expansion of eligibility for Medicaid be thoroughly debated and voted upon by the legislature.”
Law reviews.
For article on the 2014 enactment of this Code section, see 31 Ga. St. U. L. Rev. 191 (2014).

Structure Georgia Code

Georgia Code

Title 49 - Social Services

Chapter 4 - Public Assistance

Article 7 - Medical Assistance Generally

§ 49-4-140. Short Title

§ 49-4-141. Definitions

§ 49-4-142. Department of Community Health Established; Adoption, Administration, and Modification of State Plan; Drug Application Fees; Personal Needs Allowance

§ 49-4-142.1. Legislative Notification of Request for Waiver

§ 49-4-142.2. Expansion of Medicaid Eligibility Through an Increase in the Income Threshold

§ 49-4-142.3. Waiver Request to Federal Government on Income Threshold for Medicare and Medicaid Services

§ 49-4-142.4. Comprehensive Review of Provider Reimbursement Rates; Development of Proposed Rate Models, Documentation, and Policy Changes

§ 49-4-142.5. Waiver Request Allowing Medicaid Reimbursement

§ 49-4-143. Power of Board of Community Health; Board of Medical Assistance Abolished

§ 49-4-144. Chief Administrative Officer; Powers and Duties

§ 49-4-145. Time Limitations on Claims for Assistance; Form of Claims

§ 49-4-146. Time for Action on Claim

§ 49-4-146.1. Unlawful Acts; Violations and Penalties; Recovery of Excess Amounts; Termination and Reinstatement of Providers; Duty of Department to Identify and Investigate Violations; Notifications; Authorization to Obtain Income Eligibility Verifi...

§ 49-4-146.2. Requirements for Voluntary Termination of Provider Agreements by Nursing Facilities; Adjustment of Medical Assistance Rate; Decertification

§ 49-4-146.3. Civil Forfeiture of Property and Proceeds Obtained Through Medicaid Fraud

§ 49-4-147. Enforcement of Liens, Claims, or Offsets Against Assistance

§ 49-4-147.1. Claims by Department Against Estate of Medicaid Recipients

§ 49-4-147.2. Noneligibility of Department of Community Health to Obtain nor Be Liable for Interest on Orders, Judgments, and Liquidated or Unliquidated Amounts; Exemptions

§ 49-4-148. Recovery of Assistance From Third Party Liable for Sickness, Injury, Disease, or Disability; Compromise or Waiver of Claim; Compliance; Effective Date

§ 49-4-149. Lien of Department of Community Health Against Third Parties; Subrogation to Recipients’ Insurance Claims; Assignment of Recipients’ Claims

§ 49-4-149.1. Submission by Department of Plan for Family Supplementation of Medicaid Payments Upon Federal Removal of Restrictions

§ 49-4-150. Regulations as to Maintenance and Use of Records; Certificate as to Use of Information

§ 49-4-151. Obtaining Information for Investigations and Audits

§ 49-4-151.1. Errors or Omissions in Reporting; Right to Hearing; Exclusion

§ 49-4-152. Research and Demonstration Projects; Pilot Projects to Provide Health Care Coverage and Essential Health Care Services; Pharmacy Assistance Programs

§ 49-4-152.1. Medicaid Prescription Drug Bidding and Rebate Program

§ 49-4-152.2. Rebates for Sole-Source and Multiple-Source Drugs Included in Controlled Medical Assistance Drug List

§ 49-4-152.3. Reuse of Unit Dosage Drugs

§ 49-4-152.4. Department Contracts to Require Refund of Prescription Drug Rebates

§ 49-4-152.5. Restocking Fees

§ 49-4-152.6. Medicaid Coverage for Mood Disorders Prescriptions

§ 49-4-153. Administrative Hearings and Appeals; Judicial Review; Contested Cases Involving Imposition of Remedial or Punitive Measure Against Nursing Facility

§ 49-4-154. Powers and Duties Retained by Department of Human Resources (Department of Community Health)

§ 49-4-155. Department of Community Health to Succeed to Existing Rules, Regulations, Policies, Procedures, and Administrative Orders

§ 49-4-156.1. Reimbursement for Services Rendered Under Article 5 of Chapter 6 of This Title

§ 49-4-157. Construction of This Article With Federal Act

§ 49-4-158. Certain Dependents of Military Service Members to Maintain Eligibility and Priority for Certain Medical Assistance and Developmental Disability Services Under Certain Conditions; Waiver to Implement Such Provision; Compliance With Certain...

§ 49-4-159. Medicaid Coverage for Lactation and Postpartum Care

§ 49-4-159.1. State Plan Amendment to Implement Express Lane Eligibility in Medicaid and the Peachcare for Kids Program; Enrollment and Renewal