SB287: SB287 Medical Assistance; Georgia Interested Parties Advisory Group within the Department of Community Health; create and establish a purpose

25 LC 60 0095 Senate Bill 287 By: Senators Halpern of the 39th, Walker III of the 20th, Mallow of the 2nd, Orrock of the 36th, Merritt of the 9th and others A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 4 of Title 49 of the Official Cod e of Georgia Annotated,1 relating to medical assistance generally, so as to create and e stablish a purpose for the2 Georgia Interested Parties Advisory Group within the Department of Community Health; to3 provide for such advisory group's composition and duties; to pr ovide for the collection of4 certain data by the Department of Community Health and the Depa rtment of Behavioral5 Health and Developmental Disabilities; to provide for annual re ports; to provide for6 definitions; to provide for related matters; to provide for an effective date; to repeal7 conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Article 7 of Chapter 4 of Title 49 of the Official Code of Geor gia Annotated, relating to11 medical assistance generally, is amended by adding a new Code section to read as follows:12 "49-4-159.5.13 (a) As used in this Code section, the term:14 (1) 'Advisory group' means the Georgia Interested Parties Advisory Group established15 pursuant to this Code section.16 S. B. 287 - 1 - 25 LC 60 0095 (2) 'DBHDD' means the Department of Behavioral Health and Deve lopmental17 Disabilities.18 (3) 'DCH' means the Department of Community Health.19 (4) 'Direct care worker' shall have the same meaning as define d in 42 C.F.R. Section20 441.311.21 (5) 'Financial support services provider' means a fiscal agent contracted by DCH or22 DBHDD to implement an individualized service plan of an HCBS be neficiary by23 receiving and processing payment requests as authorized.24 (6) 'HCBS' means Medicaid covered home and community based services as such phrase25 is defined in 42 C.F.R. Section 440.180, 440.181, or 440.182.26 (7) 'HCBS provider agency' means an organization that has ente red into a Medicaid27 provider participation agreement with DCH or DBHDD for the prov ision of HCBS to28 beneficiaries.29 (8) 'Waiver' means any waiver granted by the United States Sec retary of Health and30 Human Services pursuant to subsection (b) of 42 U.S.C. Section 1396n.31 (b) As required by 42 C.F.R. Section 447.203(b)(6), there is established within DCH the32 Georgia Interested Parties Advisory Group. The purpose of the advisory group shall be to33 advise, consult with, and provide recommendations to DCH in accordance with 42 C.F.R.34 Section 447.203(b)(6).35 (c) The advisory group shall be composed of 19 members to be a ppointed by the36 Governor, on or before October 1, 2025, in accordance with the requirements of 42 C.F.R.37 Section 447.203(b)(6), including:38 (1) A chairperson, who shall not be a state employee;39 (2) One representative from the Division of Medical Assistance Plans of DCH; and40 (3) One representative from DBHDD.41 (d) All members of the advisory group shall be full-time residents of Georgia.42 S. B. 287 - 2 - 25 LC 60 0095 (e) The advisory group shall meet at a frequency and in accord ance with any other43 requirements set forth in 42 C.F.R. Section 447.203(b)(6).44 (f) Members of the advisory group shall receive no compensatio n for their services but45 shall be allowed actual and necessary expenses in the performan ce of their duties. Any46 legislative members of the advisory group shall receive the all owances provided for in47 Code Section 28-1-8. Citizen members shall receive a daily exp ense allowance in the48 amount specified in subsection (b) of Code Section 45-7-21, as well as the mileage or49 transportation allowance authorized for state employees. Members who are state officials50 or state employees shall receive no compensation for their services on the advisory group51 but shall be reimbursed for expenses incurred in the performanc e of their duties as52 members of the advisory group in the same manner as reimbursements are made in their53 capacity as state officials or state employees. The funds necessary for the reimbursement54 of the expenses of state officials, other than legislative members, and state employees shall55 come from funds appropriated to or otherwise available to their respective departments.56 (g) DCH shall publish in a prominent location on DCH's website information about the57 advisory group, including, but not limited to, the advisory gro up's purpose, current58 members, the process by which members were appointed, the proce ss by which the59 advisory group convenes its meetings, notices of upcoming meeti ngs, and any other60 information required by 42 C.F.R. Section 447.203(b)(6).61 (h) DCH and DBHDD shall require each HCBS provider agency to submit, on or before62 January 1, 2026, and annually thereafter, data regarding direct care workers it employs or63 engages with, including, but not limited to:64 (1) The total number of direct care workers, including a break down of full-time65 employees, part-time employees, and independent contractors, if any;66 (2) The percentage of the previous calendar year that each dir ect care worker was67 employed or engaged by such HCBS provider agency;68 S. B. 287 - 3 - 25 LC 60 0095 (3) The total length of employment or engagement for each direct care worker as of the69 end of the previous calendar year;70 (4) The total number of direct care worker separations from employment occurring in the71 previous calendar year;72 (5) The total number of full-time and part-time direct care wo rker vacancies that73 remained unfilled as of the end of the previous calendar year;74 (6) The total number of unstaffed hours, as measured by hours allotted in an HCBS75 beneficiary's care plan for which such beneficiary did not rece ive care in the previous76 calendar year;77 (7) The hourly wage paid to each full-time and part-time direct care worker during the78 previous calendar year;79 (8) The total number of hours authorized for overtime pay for each full-time and80 part-time direct care worker;81 (9) The total sum paid to direct care workers for travel to HC BS beneficiaries in the82 previous calendar year;83 (10) Whether such HCBS provider agency paid for the following direct care worker84 fringe benefits, including a breakdown of the number of and percentage of total full-time85 and part-time direct care workers who received such benefits:86 (A) Health insurance;87 (B) Dental insurance;88 (C) Vision insurance;89 (D) Life insurance;90 (E) Disability insurance;91 (F) Tuition reimbursement;92 (G) Retirement benefits;93 (H) Paid leave (other than sick time, name type); and94 (I) Other benefits;95 S. B. 287 - 4 - 25 LC 60 0095 (11) Other expenditures related to direct care workers paid by such HCBS provider96 agency, including, but not limited to:97 (A) Required training;98 (B) Discretionary travel benefits; and99 (C) Personal protective equipment purchases; and100 (12) Demographic and other similar information, including, but not limited to:101 (A) Age;102 (B) Gender;103 (C) Race and ethnicity;104 (D) Highest educational level attained;105 (E) Certification(s) held; and106 (F) Years of direct care worker experience.107 (i) DCH and DBHDD shall require each financial support services provider to submit on108 or before January 1, 2026, and annually thereafter, data regarding direct care workers on109 its payroll, including, but not limited to:110 (1) The total number of full-time direct care workers and the total number of part-time111 direct care workers;112 (2) The percentage of the previous calendar year that each full-time and part-time direct113 care worker was employed;114 (3) The total length of employment for each full-time and part-time direct care worker115 as of the end of the previous calendar year;116 (4) The total number of direct care worker separations from employment occurring in the117 previous calendar year;118 (5) The hourly wage paid to each full-time and part-time direct care worker during the119 previous calendar year;120 (6) The total number of hours authorized for overtime pay for each full-time and121 part-time direct care worker; and122 S. B. 287 - 5 - 25 LC 60 0095 (7) Demographic and other similar information, including, but not limited to:123 (A) Age;124 (B) Gender;125 (C) Race and ethnicity;126 (D) Highest educational level attained;127 (E) Certification(s) held; and128 (F) Years of direct care worker experience.129 (j) Beginning in 2026, on or before March 1 of each year, DCH, in coordination with130 DBHDD, shall aggregate the data collected pursuant to subsections (h) and (i) of this Code131 section and provide an annual report to the advisory group, the General Assembly, and the132 Governor, including, but not limited to:133 (1) The total of number HCBS provider agencies per waiver;134 (2) The total number of HCBS provider agencies who submitted information and, if the135 response rate among such provider agencies is less than 90 percent, the measures taken136 by DCH and DBHDD to ensure receipt of responses;137 (3) The total number of direct care workers, including a demog raphic analysis of this138 workforce;139 (4) The highest, lowest, median, and average hourly wages paid by HCBS provider140 agencies to direct care workers;141 (5) The amount of authorized overtime, travel time, and other expenditures paid by142 HCBS provider agencies to direct care workers;143 (6) The highest, lowest, median, and average hourly wages pai d by financial support144 services providers to direct care workers;145 (7) The average length of employment, vacancy, and turnover ra tes of direct care146 workers; and147 (8) The availability of and type of benefits provided to direct care workers.148 S. B. 287 - 6 - 25 LC 60 0095 (k) Any report produced by DCH pursuant to subsection (j) of this Code section shall be149 made publicly accessible on DCH's website.150 (l) DCH shall in all respects comply with the requirements set forth in 42 C.F.R. Section151 441.311."152 SECTION 2.153 This Act shall become effective upon its approval by the Governor or upon its becoming law154 without such approval.155 SECTION 3.156 All laws and parts of laws in conflict with this Act are repealed.157 S. B. 287 - 7 -