House Bill 1192 (AS PASSED HOUSE AND SENATE)
By: Representatives Taylor of the 173rd, Efstration of the 104th, Hugley of the 141st, Hatchett
of the 155th, Stephens of the 164th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 49 of the Official Code of Georgia Annotated, relating to public assistance,
so as to provide for certain accounting practices by the Department of Human Services and
the Department of Community Health; to provide for funds for specific purposes; to provide
for annual review; to provide for annual reports; to provide for related matters; to provide for
an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended
in Chapter 2, relating to Department of Human Services, by revising Code Section 49-2-10,
relating to state appropriations and state, county, and federal welfare funds are for public
purpose, as follows:
"49-2-10.
<ins>(a)</ins> For the purpose of carrying out the duties and obligations of the department for
performance of welfare services of the state, for administrative costs, for matching such
federal funds as may be available for all of the aforesaid services, for the purpose of
establishing an equalization fund to be used in assisting those counties which may be
unable otherwise to bear their proportionate share of the expenses of administration and of
dispensing the benefits provided for under this title, and for dispensing all of the benefits
provided for under this title, the General Assembly shall make appropriations out of the
general fund of the state or otherwise for the various and separate activities of the
department. All funds appropriated or allocated to the department or to the county
departments by the General Assembly, the fiscal authorities of the respective counties, and
by the federal government through its appropriate agencies and instrumentalities are
declared to be funds provided for a public purpose; and all appropriations provided for in
this Code section and hereafter may be expended and distributed by the department for the
purposes provided for under this title.
<ins>(b)(1) Any funds appropriated or allocated to the department by the General Assembly
that are designated for a specific purpose shall not be commingled with other funds, shall
be maintained in a separate account, and shall not be expended for any other purpose
except the designated specific purpose.
(2) Any federal funds that are designated for a specific purpose shall not be commingled
with other funds, shall be maintained in a separate account, and shall not be expended for
any other purpose except the designated specific purpose.
(c) The commissioner shall annually review department practices and procedures,
contracts and agreements, and accounting practices to identify cost savings achieved and
operational efficiency opportunities. No later than December 31, 2026, and annually
thereafter, the commissioner shall report the findings of such reviews to the chairpersons
of the House Committee on Appropriations and the Senate Appropriations Committee and
the chairpersons of the House Committee on Public and Community Health and the Senate
Health and Human Services Committee."
</ins> SECTION 2.
Said title is further amended in Chapter 4, relating to medical assistance generally, by
revising Code Section 49-4-144, relating to chief administrative officer and powers and
duties, as follows:
"49-4-144.
<ins>(a)</ins> The commissioner <del>of community health established under Chapter 2 of Title 31</del> shall
be the chief administrative officer of the department and, subject to the general policy
established by the board, shall supervise, direct, account for, organize, plan, administer, and
execute the functions vested in the department.
<ins>(b) The commissioner shall ensure that:
(1) Any funds appropriated or allocated to the department by the General Assembly that
are designated for a specific purpose shall not be commingled with other funds, shall be
maintained in a separate account, and shall not be expended for any other purpose except
the designated specific purpose; and
(2) Any federal funds that are designated for a specific purpose shall not be commingled
with other funds, shall be maintained in a separate account, and shall not be expended for
any other purpose except the designated specific purpose.
(c) The commissioner shall annually review department practices and procedures, provider
agreements, rebate programs and agreements, and accounting practices to identify cost
savings achieved and operational efficiency opportunities. No later than December 31,
2026, and annually thereafter, the commissioner shall report the findings of such reviews
to the chairpersons of the House Committee on Appropriations and the Senate
Appropriations Committee and the chairpersons of the House Committee on Public and
Community Health and the Senate Health and Human Services Committee."
</ins> SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.