SB428: SB428 Medical Assistance; Department of Community Health to submit a waiver request to the federal Centers for Medicare and Medicaid Services; direct

26 SB 428/AP Senate Bill 428 By: Senators Kirkpatrick of the 32nd, Hatchett of the 50th, Watson of the 1st, Echols of the 49th and Jackson of the 41st AS PASSED A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 4 of Title 49 of the Official Cod e of Georgia Annotated,1 relating to medical assistance generally, so as to direct the Department of Community Health2 to submit a waiver request to the federal Centers for Medicare and Medicaid Services to3 authorize the qualification for Medicaid reimbursement of certa in home and community4 based services; to provide for implementation upon approval; to provide for related matters;5 to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article 7 of Chapter 4 of Title 49 of the Official Code of Geor gia Annotated, relating to9 medical assistance generally, is amended by adding a new Code section to read as follows:10 "49-4-142.6.11 (a) Not later than December 31, 2026, the department may submit a waiver request to the12 federal Centers for Medicare and Medicaid Services to authorize the qualification for13 Medicaid reimbursement of home and community based services for recipients of medical14 assistance who are over the age of 21 and in need of mental hea lth services but do not15 require an institutional level of care, as determined by consid eration of associated risk16 S. B. 428 - 1 - 26 SB 428/AP factors, including, but not limited to, a history of hospitalization stays, psychiatric crises,17 emergency department visits, prior incarceration, homelessness, or any combination18 thereof.19 (b) Upon approval of the waiver provided for in subsection (a) of this Code section, the20 department shall take all necessary steps to provide for payment of such care and services21 with Medicaid funds."22 SECTION 2.23 All laws and parts of laws in conflict with this Act are repealed.24 S. B. 428 - 2 -