---
title: Floor Amend 1 AM 52 0088 to SB 440
collection: amendment
id: amendment:2025-2026/sb440/243460
cite_as: SB 440, Floor Amend 1 AM 52 0088
canonical_url: https://georgiacommons.org/bills/2025-2026/sb440/amendments/243460
md_url: https://georgiacommons.org/bills/2025-2026/sb440/amendments/243460.md
text_url: https://georgiacommons.org/bills/2025-2026/sb440/amendments/243460/text
source_url: https://www.legis.ga.gov/api/legislation/document/20252026/243460
date: 2026-09-25
license: Public record of the Georgia General Assembly, from its website (legis.ga.gov)
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
version: Floor Amend 1 AM 52 0088
version_id: amendment:2025-2026/sb440/243460@243460
---

# Floor Amend 1 AM 52 0088 to SB 440

ADOPTED
Senator Jackson of the 41st offered the following amendment #1:
Amend SB 440 (LC 60 9004) by replacing line 28 with the following:
the Department of Public Health; to make conforming changes; to provide for Medicaid
expansion; to provide for related
By inserting before line 620 the following:
Said title is further amended in Article 7, relating to medical assistance generally, by revising
Code Section 49-4-142.2, relating to expansion of Medicaid eligibility through an increase
in the income threshold, as follows:
"49-4-142.2.
<ins>(a)</ins> On and after July 1, 2014, neither the department, the board, nor any other
representative of the state shall expand Medicaid eligibility under this article through an
increase in the income threshold without prior legislative approval; provided, however, that
this shall not apply to any increase resulting from a cost-of-living increase in the federal
poverty level. The legislative approval required under this Code section shall be by Act
of the General Assembly or the adoption of a joint resolution of the General Assembly.
<ins>(b) This Code section shall not apply to a waiver request along with other necessary
amendments for the creation of the PeachCare Plus Program pursuant to Code
Section 49-4-142.6 and submitted between July 1, 2026, and October 31, 2027."
</ins> SECTION 24.
Said title is further amended in said article by adding a new Code section to read as follows:
<ins>"49-4-142.6.
</ins>
<ins>(a) As used in this Code section, the term 'program' means the PeachCare Plus Program
that expands Medicaid eligibility as provided in this Code section.
(b) On or before October 31, 2027, in consultation with the office of the Commissioner of
Insurance, the department shall submit to the United States Department of Health and
Human Services Centers for Medicare and Medicaid Services pursuant to Section 1115 of
the federal Social Security Act a waiver request along with other necessary amendments
for the creation of the PeachCare Plus Program. The waiver request shall provide for:
(1) The enrollment of certain low-income individuals making less than 138 percent of
the federal poverty level in the eligibility category created by
Section 1902(a)(10)(A)(i)(VIII) of the federal Social Security Act, 42 U.S.C.
Section 1396a, into qualified healthcare plans offered on the state marketplace established
under Section 1332 of the federal Patient Protection and Affordable Care Act or the
federal marketplace, as applicable at implementation; and
(2) The full payment of any premiums or other direct costs associated with enrolling in
qualified healthcare plans for certain individuals making less than 138 percent of the
federal poverty level.
(c) The provisions of this Code section shall only apply so long as the federal medical
assistance percentage for this state established pursuant to 42 U.S.C. Section 1396d
remains at or above 90 percent.
(d) All savings to the state as a result of the implementation of the program shall be
deposited into the Indigent Care Trust Fund created pursuant to Code Section 31-8-152 and
shall be used for any additional costs and expenses associated with the implementation of
the program.
(e) The program shall be administered by the department; provided, however, that the
department may consult other state agencies, including, but not limited to, the office of the
Commissioner of Insurance.
</ins>
<ins>(f) The waiver provided for in this Code section shall take effect upon the expiration of the
current waiver or any extension of such waiver granted prior to December 31, 2026."
</ins> SECTION 25.
Sections 23 and 24 of this Act shall be considered legislative notification for purposes of
Code Section 49-4-142.1 and legislative approval for purposes of Code Section 49-4-142.2.
SECTION 26.