Senate Bill 287
By: Senators Halpern of the 39th, Walker III of the 20th, Mallow of the 2nd, Orrock of the
36th, Merritt of the 9th and others
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 create and establish a purpose for the
Georgia Interested Parties Advisory Group within the Department of Community Health; to
provide for such advisory group's composition and duties; to provide for the collection of
certain data by the Department of Community Health and the Department of Behavioral
Health and Developmental Disabilities; to provide for annual reports; to provide for
definitions; 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.
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:
"49-4-159.5.
(a) As used in this Code section, the term:
(1) 'Advisory group' means the Georgia Interested Parties Advisory Group established
pursuant to this Code section.
(2) 'DBHDD' means the Department of Behavioral Health and Developmental
Disabilities.
(3) 'DCH' means the Department of Community Health.
(4) 'Direct care worker' shall have the same meaning as defined in 42 C.F.R. Section
441.311.
(5) 'Financial support services provider' means a fiscal agent contracted by DCH or
DBHDD to implement an individualized service plan of an HCBS beneficiary by
receiving and processing payment requests as authorized.
(6) 'HCBS' means Medicaid covered home and community based services as such phrase
is defined in 42 C.F.R. Section 440.180, 440.181, or 440.182.
(7) 'HCBS provider agency' means an organization that has entered into a Medicaid
provider participation agreement with DCH or DBHDD for the provision of HCBS to
beneficiaries.
(8) 'Waiver' means any waiver granted by the United States Secretary of Health and
Human Services pursuant to subsection (b) of 42 U.S.C. Section 1396n.
(b) As required by 42 C.F.R. Section 447.203(b)(6), there is established within DCH the
Georgia Interested Parties Advisory Group. The purpose of the advisory group shall be to
advise, consult with, and provide recommendations to DCH in accordance with 42 C.F.R.
Section 447.203(b)(6).
(c) The advisory group shall be composed of 19 members to be appointed by the
Governor, on or before October 1, 2025, in accordance with the requirements of 42 C.F.R.
Section 447.203(b)(6), including:
(1) A chairperson, who shall not be a state employee;
(2) One representative from the Division of Medical Assistance Plans of DCH; and
(3) One representative from DBHDD.
(d) All members of the advisory group shall be full-time residents of Georgia.
(e) The advisory group shall meet at a frequency and in accordance with any other
requirements set forth in 42 C.F.R. Section 447.203(b)(6).
(f) Members of the advisory group shall receive no compensation for their services but
shall be allowed actual and necessary expenses in the performance of their duties. Any
legislative members of the advisory group shall receive the allowances provided for in
Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the
amount specified in subsection (b) of Code Section 45-7-21, as well as the mileage or
transportation allowance authorized for state employees. Members who are state officials
or state employees shall receive no compensation for their services on the advisory group
but shall be reimbursed for expenses incurred in the performance of their duties as
members of the advisory group in the same manner as reimbursements are made in their
capacity as state officials or state employees. The funds necessary for the reimbursement
of the expenses of state officials, other than legislative members, and state employees shall
come from funds appropriated to or otherwise available to their respective departments.
(g) DCH shall publish in a prominent location on DCH's website information about the
advisory group, including, but not limited to, the advisory group's purpose, current
members, the process by which members were appointed, the process by which the
advisory group convenes its meetings, notices of upcoming meetings, and any other
information required by 42 C.F.R. Section 447.203(b)(6).
(h) DCH and DBHDD shall require each HCBS provider agency to submit, on or before
January 1, 2026, and annually thereafter, data regarding direct care workers it employs or
engages with, including, but not limited to:
(1) The total number of direct care workers, including a breakdown of full-time
employees, part-time employees, and independent contractors, if any;
(2) The percentage of the previous calendar year that each direct care worker was
employed or engaged by such HCBS provider agency;
(3) The total length of employment or engagement for each direct care worker as of the
end of the previous calendar year;
(4) The total number of direct care worker separations from employment occurring in the
previous calendar year;
(5) The total number of full-time and part-time direct care worker vacancies that
remained unfilled as of the end of the previous calendar year;
(6) The total number of unstaffed hours, as measured by hours allotted in an HCBS
beneficiary's care plan for which such beneficiary did not receive care in the previous
calendar year;
(7) The hourly wage paid to each full-time and part-time direct care worker during the
previous calendar year;
(8) The total number of hours authorized for overtime pay for each full-time and
part-time direct care worker;
(9) The total sum paid to direct care workers for travel to HCBS beneficiaries in the
previous calendar year;
(10) Whether such HCBS provider agency paid for the following direct care worker
fringe benefits, including a breakdown of the number of and percentage of total full-time
and part-time direct care workers who received such benefits:
(A) Health insurance;
(B) Dental insurance;
(C) Vision insurance;
(D) Life insurance;
(E) Disability insurance;
(F) Tuition reimbursement;
(G) Retirement benefits;
(H) Paid leave (other than sick time, name type); and
(I) Other benefits;
(11) Other expenditures related to direct care workers paid by such HCBS provider
agency, including, but not limited to:
(A) Required training;
(B) Discretionary travel benefits; and
(C) Personal protective equipment purchases; and
(12) Demographic and other similar information, including, but not limited to:
(A) Age;
(B) Gender;
(C) Race and ethnicity;
(D) Highest educational level attained;
(E) Certification(s) held; and
(F) Years of direct care worker experience.
(i) DCH and DBHDD shall require each financial support services provider to submit on
or before January 1, 2026, and annually thereafter, data regarding direct care workers on
its payroll, including, but not limited to:
(1) The total number of full-time direct care workers and the total number of part-time
direct care workers;
(2) The percentage of the previous calendar year that each full-time and part-time direct
care worker was employed;
(3) The total length of employment for each full-time and part-time direct care worker
as of the end of the previous calendar year;
(4) The total number of direct care worker separations from employment occurring in the
previous calendar year;
(5) The hourly wage paid to each full-time and part-time direct care worker during the
previous calendar year;
(6) The total number of hours authorized for overtime pay for each full-time and
part-time direct care worker; and
(7) Demographic and other similar information, including, but not limited to:
(A) Age;
(B) Gender;
(C) Race and ethnicity;
(D) Highest educational level attained;
(E) Certification(s) held; and
(F) Years of direct care worker experience.
(j) Beginning in 2026, on or before March 1 of each year, DCH, in coordination with
DBHDD, shall aggregate the data collected pursuant to subsections (h) and (i) of this Code
section and provide an annual report to the advisory group, the General Assembly, and the
Governor, including, but not limited to:
(1) The total of number HCBS provider agencies per waiver;
(2) The total number of HCBS provider agencies who submitted information and, if the
response rate among such provider agencies is less than 90 percent, the measures taken
by DCH and DBHDD to ensure receipt of responses;
(3) The total number of direct care workers, including a demographic analysis of this
workforce;
(4) The highest, lowest, median, and average hourly wages paid by HCBS provider
agencies to direct care workers;
(5) The amount of authorized overtime, travel time, and other expenditures paid by
HCBS provider agencies to direct care workers;
(6) The highest, lowest, median, and average hourly wages paid by financial support
services providers to direct care workers;
(7) The average length of employment, vacancy, and turnover rates of direct care
workers; and
(8) The availability of and type of benefits provided to direct care workers.
(k) Any report produced by DCH pursuant to subsection (j) of this Code section shall be
made publicly accessible on DCH's website.
(l) DCH shall in all respects comply with the requirements set forth in 42 C.F.R. Section
441.311."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.