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Official Code of Georgia Annotated

Title 31. HEALTH · Chapter 1. GENERAL PROVISIONS

31-1-19. Prohibition on use of state resources to advocate for or influence citizens in support of Medicaid expansion.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

  1. (a)

    Neither the state nor any department, agency, bureau, authority, office, or other unit of the state nor any political subdivision of the state shall expend or use moneys, human resources, or assets to advocate or intended to influence the citizens of this state in support of the voluntary expansion by the State of Georgia of eligibility for medical assistance in furtherance of the federal Patient Protection and Affordable Care Act, P.L. 111-148, beyond the eligibility criteria in effect on April 15, 2014, under the provisions of 42 U.S.C. Section 1396a(a)(10)(A)(i)(VIII) of the federal Social Security Act, as amended.#

  2. (b)

    The Attorney General shall enforce the provisions of this Code section in accordance with Article V, Section III, Paragraph IV of the Constitution of the State of Georgia.#

  3. (c)

    Nothing in this Code section shall be construed to prevent an officer or employee of the State of Georgia or of any department, agency, bureau, authority, office, unit, or political subdivision thereof from advocating or attempting to influence public policy:#

    1. (1)

      As part of such person’s official duties;#

    2. (2)

      When acting on personal time without using state resources; or#

    3. (3)

      When providing bona fide educational instruction about the federal Patient Protection and Affordable Care Act of 2010 in institutions of higher learning or otherwise.#

  4. (d)

    Nothing in this Code section shall be construed to preclude the state from participating in any Medicaid program.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 31-1-40, enacted by Ga. L. 2014, p. 243, § 1-2/HB 943; Ga. L. 2019, p. 1056, § 31/SB 52; Code 1981, § 31-1-19, Ga. L. 2022, p. 352, § 31/HB 1428; Ga. L. 2025, p. 1029, § 31(4)/SB 153, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, substituted “P.L.” for “Public Law” in subsection (a).

Editor's notes

Ga. L. 2014, p. 243, § 1-1/HB 943, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Georgia Health Care Freedom Act.’”

Code Commission notes

Pursuant to Code Section 28-9-5, in 2014, “April 15, 2014,” was substituted for “the effective date of this Code section” near the end of subsection (a). Pursuant to Code Section 28-9-5, in 2019, “Medicaid” was substituted for “MEDICAID” near the end of subsection (d).

Law reviews

For article, “Georgia Health Care Freedom Act,” see 31 Ga. St. U.L. Rev. 113 (2014). For note, “A Compelling Interest? Using Old Conceptions of Public Health Law to Challenge the Affordable Care Act’s Contraceptive Mandate,” see 31 Ga. St. U.L. Rev. 613 (2015). For note, “Charting the Middle Course: An Argument for Robust But Well-Tailored Health Care Discrimination Protection for the Transgender Community,” see 52 Ga. L. Rev. 225 (2017).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t31-(v23)-2025-pdf.pdf, Volume V23, 2025 edition, pages 45 to 46; merge action: bound only; file SHA-256 ba5a57f85d04.