Georgia Code
Article 7 - Medical Assistance Generally
§ 49-4-153. Administrative Hearings and Appeals; Judicial Review; Contested Cases Involving Imposition of Remedial or Punitive Measure Against Nursing Facility

History. Ga. L. 1977, p. 384, § 12; Ga. L. 1988, p. 288, § 1; Ga. L. 1993, p. 1290, § 3; Ga. L. 1994, p. 1856, § 2; Ga. L. 1997, p. 679, § 2; Ga. L. 1998, p. 576, § 1; Ga. L. 1999, p. 296, § 24; Ga. L. 2006, p. 775, §§ 4, 5/SB 572; Ga. L. 2008, p. 704, § 2/HB 1234; Ga. L. 2009, p. 453, § 1-53/HB 228; Ga. L. 2011, p. 705, § 4-7/HB 214; Ga. L. 2022, p. 26, § 1-8/HB 1013.
The 2011 amendment, effective July 1, 2011, substituted “Code Section 31-2-8” for “Code Section 31-2-11” in the middle of subsection (d).
The 2022 amendment, effective July 1, 2022, added the second sentence in paragraph (b)(1).
Editor’s notes.
Ga. L. 2022, p. 26, § 1-1/HB 1013, not codified by the General Assembly, provides that: “This part shall be known and may be cited as the ‘Georgia Mental Health Parity Act.’”
Ga. L. 2022, p. 26, § 1-9/HB 1013, not codified by the General Assembly, provides that: “If necessary to implement any of the provisions of this part relating to the Medicaid program, the Department of Community Health shall submit a Medicaid state plan amendment or waiver request to the United States Department of Health and Human Services.”
Ga. L. 2022, p. 26, § 1-10/HB 1013, not codified by the General Assembly, provides that: “Nothing in this part shall be construed to impair any contracts in effect on June 30, 2022.”
Law reviews.
For survey article on administrative law, see 59 Mercer L. Rev. 1 (2007).
For annual survey on administrative law, see 61 Mercer L. Rev. 1 (2009).
Editor’s notes.
Ga. L. 1994, p. 1856, § 5, not codified by the General Assembly, provides: “This Act shall become effective July 1, 1994, for purposes of commencing transfer of positions, independent hearing officers, employees, and equipment and for general administrative purposes. The Office of State Administrative Hearings may commence the performance of its duties on and after July 1, 1994, and shall assume full responsibility for the performance of its duties on and after April 1, 1995. The Office of State Administrative Hearings shall, where necessary for any class of hearings, promulgate rules and regulations in order to comply with all federal and state procedural requirements. During the period between July 1, 1994, and April 1, 1995, covered agencies may continue to conduct covered administrative hearings as provided by prior law; but on and after April 1, 1995, all such hearings in new and, where practical, in pending proceedings shall be conducted as provided in this Act.

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