House · Engrossed · 2025-2026 Regular Session
HB 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 the General Assembly's website lists.
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.”
Discussed in meetings (17)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Human Relations & Aging Committee, February 18, 2026
From 0:29:18 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1238 would require the Department of Community Health to request federal approval by December 31, 2026, for Medicaid-funded respite care and related services for people under 21 with complex behavioral health needs. The sponsor described children remaining in hospitals after crises because safe placements were unavailable, and families overwhelmed by caregiving. Department officials clarified that the goal was support at home or in the community to reduce residential placements. They said some services already had federal approval, but respite and family supports needed a waiver. Asked about timing, the Medicaid director described months of federal review without a firm completion date. Department officials estimated a one-time $500,000 application cost and said the services must cost less than residential care. Members questioned provider capacity, training, oversight, group-home care and transitions after 21. Officials said providers were available, engagement and training were underway, normal Medicaid credentialing would apply, and families would need no additional application. They identified possible adult waiver programs, depending on eligibility. The sponsor acknowledged placement shortages; specific group-home arrangements remained unresolved. One member suggested expanding caregiver Medicaid eligibility. The sponsor declined to broaden the department’s proposal. A Carter Center witness supported respite care, citing reduced caregiver strain and reporting that nearly 40% of caregivers wanted respite but about 13% accessed it. The witness offered help informing families. The committee unanimously approved a do-pass motion without amendments.
House Rules Committee, February 23, 2026
From 1:23:27 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said HB 1238 would let the Department of Community Health request a Medicaid reimbursement waiver for respite and related services. The presenter said the department sought the proposal to help children remaining in hospitals or psychiatric residential treatment facilities, including abandoned children, and to give families support needed to keep children at home. There were no questions.
House floor session, March 4, 2026 (legislative day 27, PM, part 1)
From 2:53:51 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1916
Summary by Georgia Commons: The sponsor said the bill grew out of a study of children left in hospitals or psychiatric residential facilities when families could no longer safely care for them. The sponsor said it would require the Department of Community Health to request federal permission by December 31, 2026, for Medicaid-funded respite care and related services for caregivers of eligible people under 21 with complex behavioral health conditions who risk placement outside the home. The sponsor said the proposal came from the department and could help families stay together while freeing facility capacity. A member began expressing support, but the transcript cuts from that exchange to voting. The House passed the bill 167-2.
House Rules Committee, March 4, 2026
From 0:35:18 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1881
Summary by Georgia Commons: The committee added HB 1238 to the day's supplemental calendar under modified structured rules without stated opposition. No provisions were discussed.
Senate Health and Human Services Committee, March 16, 2026
From 0:50:05 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1238 would direct the Department of Community Health to seek federal Medicaid approval for caregiver support services for families of children under 21 at risk of placement outside the home. The sponsor described children remaining in hospitals or psychiatric facilities after stabilization because families lacked support, and said funding could help families stay together and free treatment capacity. Members asked about agency coordination and timing. The sponsor described meetings with relevant agencies and said the department was already working on the request, with a December 31 deadline. A department witness said the waiver would primarily cover respite care and family training that federal officials would not allow under the state Medicaid plan, with services delivered in home and community settings. One member proposed requiring the least restrictive, most family-like setting possible to meet recipients' needs. Another worried this could limit coverage during an acute crisis. The department witness raised no objection but said application details would govern services. NAMI expressed support. The amendment passed 6-2, and the committee unanimously recommended passage as amended.
Senate Rules Committee, March 19, 2026
From 0:24:36 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the Department of Community Health sought the bill to address children remaining in hospitals and psychiatric residential treatment centers, sometimes after abandonment. The sponsor said a waiver application was already underway and would support services intended to keep families together and care for those children. No questions or scheduling decision followed.
Senate Rules Committee, March 20, 2026
From 0:17:55 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would support a Department of Community Health Medicaid waiver request involving wraparound services intended to keep families together and provide appropriate care. The sponsor said the proposal arose from a study committee on abandoned child placement after hospital discharge and that the department was already pursuing the waiver. No calendar decision was recorded.
Senate Rules Committee, March 23, 2026
From 0:25:27 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1238 would allow the Department of Community Health to pursue a Medicaid waiver to help children stuck in residential treatment facilities and hospitals obtain appropriate services. No questions or vote followed.
Senate Rules Committee, March 30, 2026
From 1:33:15 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair added HB 1238 to the floor calendar selections. No substantive explanation or debate followed. The committee unanimously approved the calendar containing it.
Senate floor session, March 31, 2026 (legislative day 39, part 1)
From 7:11:52 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)
Summary by Georgia Commons: The clerk described HB 1238 as directing the Department of Community Health to seek federal approval for certain caregivers to receive Medicaid reimbursement for respite care and related services. The sponsor said the bill would give families of children under 21 who need home care an alternative to nursing home placement. No questions or opposing speeches followed. The Senate adopted the substitute and passed the bill 46-0.
House floor session, April 2, 2026 (legislative day 40, PM, part 1)
From 3:49:15 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said HB 1238 would direct the Department of Community Health to seek Medicaid changes to help children stranded in hospitals and residential treatment facilities. House amendment AM46-0128 added a measure the presenter had carried previously to coordinate families, hospitals and the Department of Behavioral Health and Developmental Disabilities' MATCH team in developing discharge plans and arranging care. Asked whether the bill supplied more waivers or caregiver support, the presenter emphasized moving children into appropriate care with resources and plans that could help families resume caregiving. The presenter said DFCS would step in if MATCH could not identify an appropriate family placement. Another member asked about Senate language favoring the least restrictive, most family-like setting and whether that included LGBT parents. The presenter described foster families and family-style homes but did not directly answer the LGBT eligibility question. The presenter said the goal was to avoid leaving children isolated in hospitals or hotels. The House adopted the amendment and agreed to the amended Senate substitute, 165 to 0.
- Read aloud: House floor session, February 9, 2026 (legislative day 15), 0:25:16
- Read aloud: House floor session, February 10, 2026 (legislative day 16), 0:44:15
- Read aloud: House floor session, February 18, 2026 (legislative day 20), 0:39:09
- Read aloud: Senate floor session, March 6, 2026 (legislative day 28, part 1), 0:40:03
- Read aloud: Senate floor session, March 18, 2026 (legislative day 33), 0:31:15
- Read aloud: Senate floor session, March 19, 2026 (legislative day 34), 0:47:26
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-13)
- Lee Hawkins (R, HD-27)
- Mike Cameron (R, HD-1)
- Omari Crawford (D, HD-89)
- Sharon Cooper (R, HD-45)
- Bo Hatchett (R, SD-50)
Votes
- House voteMarch 4, 2026
167 yea, 2 nay (3 not voting, 5 excused)
- Senate voteMarch 31, 2026
46 yea, 0 nay (2 not voting, 6 excused)
- House voteApril 2, 2026
165 yea, 2 nay (5 not voting, 4 excused)
Topics
- Medicaid waiver
- respite care
- behavioral health
- caregivers
- Department of Community Health