Georgia Code
Article 7 - Medical Assistance Generally
§ 49-4-146.3. Civil Forfeiture of Property and Proceeds Obtained Through Medicaid Fraud

History. Code 1981, § 49-4-146.3 , enacted by Ga. L. 1997, p. 1596, § 3; Ga. L. 1998, p. 128, § 49; Ga. L. 1998, p. 664, § 2; Ga. L. 1999, p. 296, § 24; Ga. L. 2000, p. 1225, § 7; Ga. L. 2000, p. 1589, § 3; Ga. L. 2001, p. 362, § 36; Ga. L. 2015, p. 693, § 3-29/HB 233.
The 2015 amendment, effective July 1, 2015, rewrote this Code section. See Editor’s notes for applicability.
Editor’s notes.
Ga. L. 1997, p. 1596, § 1.1, not codified by the General Assembly, provides: “Sections 2 and 3 of this Act shall be known and may be cited as the ‘Medicaid Fraud Forfeiture Act of 1997.”’
Ga. L. 1997, p. 1596, § 2, effective May 5, 1997, not codified by the General Assembly, provides: “The General Assembly finds that substantial financial losses to the state are being caused by acts of fraud directed at the Department of Medical Assistance and that there is a need to enhance the ability of the state to recover property and proceeds obtained through Medicaid fraud. It is the intent of this legislation to provide a legal mechanism for the seizure and forfeiture to the state of property and proceeds obtained through acts of fraud committed to obtain medical assistance benefits or payments under Article 7 of Chapter 4 of Title 49.”
Ga. L. 2000, p. 1225, § 8, not codified by the General Assembly, provides that the amendment to this Code section is applicable to civil actions filed on or after July 1, 2000.
Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.
Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure.”
Law reviews.
For article commenting on the enactment of this Code section, see 14 Ga. St. U. L. Rev. 276 (1997).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

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