SB 186: Hospitals and Related Institutions; assisted living communities and personal care homes to enroll as Medicaid providers; permit

Senate Bill 186

By: Senators Esteves of the 35th, Jones II of the 22nd, Parent of the 44th, Islam Parkes of the 7th, Kemp of the 38th and others

A BILL TO BE ENTITLED

AN ACT

To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to permit assisted living communities and personal care homes to enroll as Medicaid providers; to provide for development of a model for implementation; to provide for submission of a state plan amendment or waiver, if necessary; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

It is the intent of the General Assembly:

(1) To assist Georgians who need the services of assisted living communities and larger personal care homes in order to age in place without moving to a skilled nursing facility, but don't have the financial resources to do so;

(2) To allow home and community based services funded under the Medicaid program to be accessible to Georgians, in some instances when such services have been previously prohibited by state law and policy;

(3) To have the Department of Community Health initiate a program to allow such persons to receive Medicaid home and community based services, but not room and board, in assisted living communities, all personal care homes, and subsidized housing when such facilities choose to be enrolled as Medicaid providers; and

(4) That such program enabled by this Act provide an opportunity for provider choice to persons in need of home and community based services, such as residents in assisted living communities who have exhausted the resources required for licensed assisted living and persons living independently in their home or in subsidized housing who need a higher level of care.

SECTION 2.

Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended in Code Section 31-7-12.2, relating to regulation and licensing of assisted living communities, by revising subsection (i) as follows:

"(i) An assisted living community shall not be permitted to enroll as a provider of medical assistance, as defined in paragraph (6) of Code Section 49-4-141, or receive any funds authorized or paid pursuant to Title XIX of the Social Security Act. Reserved."

SECTION 3.

Said article is further amended by adding a new Code section to read as follows:

"31-7-12.9.

(a) Unless otherwise prohibited by federal law or regulation, assisted living communities and personal care homes shall be permitted to enroll as providers of medical assistance, as defined in paragraph (6) of Code Section 49-4-141, and receive any funds authorized or paid pursuant to Title XIX of the Social Security Act.

(b) In order to implement the provisions of this Code section, the department shall convene stakeholders and develop a model to allow assisted living communities and personal care homes to enroll as providers of medical assistance, as defined in paragraph (6) of Code Section 49-4-141, and receive any funds authorized or paid pursuant to Title XIX of the Social Security Act.

(c) To implement the provisions of this Code section, the department shall submit a Medicaid state plan amendment, waiver request, or amendment to an existing waiver to the United States Department of Health and Human Services, as necessary, no later than December 31, 2026."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.