Georgia CommonsHB 1238: Community Health, Department of; submit a waiver request to the federal Centers for Medicare and Medicaid Services to authorize the qualification of certain caregivers for Medicaid reimbursement
Last action April 2, 2026 · House Agreed Senate Amend or Sub As Amended
A Georgia Senate substitute for HB 1238 would require the Department of Community Health to seek federal permission letting certain family caregivers get Medicaid payments for respite care for children with serious behavioral health needs.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest LegiScan holds.
In plain language
Currently, Georgia families caring at home for children under 21 with complex behavioral health conditions who are at risk of being placed in residential treatment or out-of-home care often cannot get Medicaid to pay caregivers for respite care, temporary relief care that lets a primary caregiver rest. This bill adds a new section to Georgia's Medicaid law (O.C.G.A. § 49-4-142.6) directing the Department of Community Health to ask the federal Centers for Medicare and Medicaid Services for a waiver allowing these caregivers to qualify for Medicaid reimbursement. The department must submit this waiver request by December 31, 2026. If the federal government approves the waiver, the department must then take the steps needed to actually start paying for this respite care and related services using Medicaid funds, in the least restrictive, most family-like setting that meets the child's needs. The bill also repeals any conflicting laws.
What the bill does
- Adds a new Georgia Medicaid law (O.C.G.A. § 49-4-142.6) requiring the Department of Community Health to request a federal waiver for caregiver Medicaid reimbursement.
- Sets a deadline of December 31, 2026 for the department to submit the waiver request to the federal Centers for Medicare and Medicaid Services.
- Targets the waiver at caregivers of Medicaid recipients under age 21 who are at risk of out-of-home placement or residential treatment due to complex behavioral health conditions.
- Requires that, if the waiver is approved, the department take all necessary steps to begin paying for respite care and related services with Medicaid funds.
- Directs that such care be provided in the least restrictive, most family-like setting possible to meet the child's needs.
Who it affects
Families and caregivers of children under 21 on Medicaid who have complex behavioral health conditions and risk being placed in residential treatment, the Department of Community Health, which must apply for and implement the waiver, and the federal Centers for Medicare and Medicaid Services, which must approve it.
Why it matters
If the federal waiver is approved, families caring for children with serious behavioral health needs could get paid through Medicaid for respite care, potentially making it easier to keep children at home rather than in residential treatment or foster-style placements.
Key provisions
- Section 1 adds new Code section 49-4-142.6 to Article 7 of Chapter 4 of Title 49, Georgia's medical assistance law.
- Subsection (a) requires the department to submit a Medicaid waiver request to CMS by December 31, 2026, covering caregivers of recipients under 21 at risk of out-of-home or residential placement.
- Subsection (a) specifies the goal is respite care and related services delivered in the least restrictive, most family-like setting possible.
- Subsection (b) requires the department, once the waiver is approved, to take all necessary steps to pay for such care with Medicaid funds.
- Section 2 repeals any conflicting laws.
From the bill
“Not later than December 31, 2026, the department shall submit a waiver request to the federal Centers for Medicare and Medicaid Services to authorize the qualification of caregivers”
“Upon approval of the waiver provided for in subsection (a) of this Code section, the department shall take all necessary steps to provide for payment of such care and services with Medicaid funds.”
Status timeline
- House Agreed Senate Amend or Sub As Amended (House)
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
Show full history (12 actions)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Katie Dempsey (R, HD-013)
- Lee Hawkins (R, HD-027)
- Mike Cameron (R, HD-001)
- Omari Crawford (D, HD-089)
- Sharon Cooper (R, HD-045)
- Bo Hatchett (R, SD-050)
Votes
- House voteMarch 4, 2026
167 yea, 2 nay (3 not voting, 5 absent)
- Senate voteMarch 31, 2026
46 yea, 0 nay (2 not voting, 6 absent)
- House voteApril 2, 2026
165 yea, 2 nay (5 not voting, 4 absent)
Topics
- Medicaid waiver
- respite care
- behavioral health
- caregivers
- Department of Community Health