HB1238: HB1238 Community Health, Department of; submit a waiver request to the federal Centers for Medicare and Medicaid Services to authorize the qualification of certain caregivers for Medicaid reimbursement
2025-2026 Regular Session · Comm Sub version · Last action April 2, 2026
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The Senate Committee on Health and Human Services offered the following
substitute to HB 1238:
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 of certain caregivers for Medicaid reimbursement for the4
provision of respite care and related services; to provide for implementation upon approval;5
to provide for related matters; 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 shall submit a waiver request to the12
federal Centers for Medicare and Medicaid Services to authorize the qualification of13
caregivers of those recipients of medical assistance who are under the age of 21 and at risk14
for out of home placement or residential treatment due to compl ex behavioral health15
conditions for Medicaid reimbursement for the provision of resp ite care and related16
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services in the least restrictive, most family-like setting pos sible to meet the recipient's17
needs.18
(b) Upon approval of the waiver provided for in subsection (a) of this Code section, the19
department shall take all necessary steps to provide for payment of such care and services20
with Medicaid funds."21
SECTION 2.22
All laws and parts of laws in conflict with this Act are repealed.23
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