HB1192: HB1192 Public assistance; certain accounting practices by Department of Human Services and Department of Community Health; provide

26 LC 52 0972/AP House Bill 1192 (AS PASSED HOUSE AND SENATE) By: Representatives Taylor of the 173rd, Efstration of the 104th, Hugley of the 141st, Hatchett of the 155th, Stephens of the 164th, and others A BILL TO BE ENTITLED AN ACT To amend Title 49 of the Official Code of Georgia Annotated, relating to public assistance,1 so as to provide for certain accounting practices by the Department of Human Services and2 the Department of Community Health; to provide for funds for specific purposes; to provide3 for annual review; to provide for annual reports; to provide for related matters; to provide for4 an effective date; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended8 in Chapter 2, relating to Department of Human Services, by revising Code Section 49-2-10,9 relating to state appropriations and state, county, and federal welfare funds are for public10 purpose, as follows:11 "49-2-10.12 (a) For the purpose of carrying out the duties and obligations of the department for13 performance of welfare services of the state, for administrativ e costs, for matching such14 federal funds as may be available for all of the aforesaid serv ices, for the purpose of15 establishing an equalization fund to be used in assisting those counties which may be16 unable otherwise to bear their proportionate share of the expenses of administration and of17 H. B. 1192 - 1 - 26 LC 52 0972/AP dispensing the benefits provided for under this title, and for dispensing all of the benefits18 provided for under this title, the General Assembly shall make appropriations out of the19 general fund of the state or otherwise for the various and sepa rate activities of the20 department. All funds appropriated or allocated to the departm ent or to the county21 departments by the General Assembly, the fiscal authorities of the respective counties, and22 by the federal government through its appropriate agencies and instrumentalities are23 declared to be funds provided for a public purpose; and all appropriations provided for in24 this Code section and hereafter may be expended and distributed by the department for the25 purposes provided for under this title.26 (b)(1) Any funds appropriated or allocated to the department by the General Assembly27 that are designated for a specific purpose shall not be commingled with other funds, shall28 be maintained in a separate account, and shall not be expended for any other purpose29 except the designated specific purpose.30 (2) Any federal funds that are designated for a specific purpose shall not be commingled31 with other funds, shall be maintained in a separate account, and shall not be expended for32 any other purpose except the designated specific purpose.33 (c) The commissioner shall annually review department practice s and procedures,34 contracts and agreements, and accounting practices to identify cost savings achieved and35 operational efficiency opportunities. No later than December 3 1, 2026, and annually36 thereafter, the commissioner shall report the findings of such reviews to the chairpersons37 of the House Committee on Appropriations and the Senate Appropriations Committee and38 the chairpersons of the House Committee on Public and Community Health and the Senate39 Health and Human Services Committee."40 SECTION 2.41 Said title is further amended in Chapter 4, relating to medical assistance generally, by42 revising Code Section 49-4-144, relating to chief administrativ e officer and powers and43 duties, as follows:44 H. B. 1192 - 2 - 26 LC 52 0972/AP "49-4-144.45 (a) The commissioner of community health established under Chapter 2 of Title 31 shall46 be the chief administrative officer of the department and, subj ect to the general policy47 established by the board, shall supervise, direct, account for, organize, plan, administer, and48 execute the functions vested in the department.49 (b) The commissioner shall ensure that:50 (1) Any funds appropriated or allocated to the department by the General Assembly that51 are designated for a specific purpose shall not be commingled with other funds, shall be52 maintained in a separate account, and shall not be expended for any other purpose except53 the designated specific purpose; and54 (2) Any federal funds that are designated for a specific purpose shall not be commingled55 with other funds, shall be maintained in a separate account, and shall not be expended for56 any other purpose except the designated specific purpose.57 (c) The commissioner shall annually review department practices and procedures, provider58 agreements, rebate programs and agreements, and accounting prac tices to identify cost59 savings achieved and operational efficiency opportunities. No later than December 31,60 2026, and annually thereafter, the commissioner shall report the findings of such reviews61 to the chairpersons of the House Committee on Appropriations an d the Senate62 Appropriations Committee and the chairpersons of the House Comm ittee on Public and63 Community Health and the Senate Health and Human Services Committee."64 SECTION 3.65 This Act shall become effective upon its approval by the Governor or upon its becoming law66 without such approval.67 SECTION 4.68 All laws and parts of laws in conflict with this Act are repealed.69 H. B. 1192 - 3 -