---
title: 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
collection: bills
id: 2025-2026/hb1238
cite_as: HB 1238, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1238
md_url: https://georgiacommons.org/bills/2025-2026/hb1238.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1238/text
source_url: https://www.legis.ga.gov/legislation/72959
date: 2026-04-02
status: engrossed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 1144
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1238.md?full=1
bill_number: HB 1238
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-03-04
last_action: House Agreed Senate Amend or Sub As Amended
sponsors:
- Katie Dempsey
- Lee Hawkins
- Mike Cameron
- Omari Crawford
- Sharon Cooper
- Bo Hatchett
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1238/2025
upstream_id: 2111554
summaries_model: claude-sonnet-5
topic_tags:
- Medicaid waiver
- respite care
- behavioral health
- caregivers
- Department of Community Health
---
# 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
## Text
The Senate Committee on Health and Human Services offered the following
substitute to HB 1238:
A BILL TO BE ENTITLED
AN ACT
To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated,
relating to medical assistance generally, so as to direct the Department of Community Health
to submit a waiver request to the federal Centers for Medicare and Medicaid Services to
authorize the qualification of certain caregivers for Medicaid reimbursement for the
provision of respite care and related services; to provide for implementation upon approval;
to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to
medical assistance generally, is amended by adding a new Code section to read as follows:
"49-4-142.6.
(a) 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 of those recipients of medical assistance who are under the age of 21 and at risk
for out of home placement or residential treatment due to complex behavioral health
conditions for Medicaid reimbursement for the provision of respite care and related
services in the least restrictive, most family-like setting possible to meet the recipient's
needs.
(b) 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."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Engrossed (2026-03-04)
- Last action: House Agreed Senate Amend or Sub As Amended (2026-04-02)
- Sponsors: Katie Dempsey, Lee Hawkins, Mike Cameron, Omari Crawford, Sharon Cooper, Bo Hatchett
- Official page: https://www.legis.ga.gov/legislation/72959
> The history, votes, and amendments (1,144 characters) are at https://georgiacommons.org/bills/2025-2026/hb1238.md?full=1