---
title: O.C.G.A. § 49-4-142.3. Waiver request to federal government on income threshold for Medicare and Medicaid services.
collection: code
id: 49-4-142.3
cite_as: O.C.G.A. § 49-4-142.3 (2025)
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md_url: https://georgiacommons.org/code/49-4-142.3.md
text_url: https://georgiacommons.org/code/49-4-142.3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t49-t50-ch1-12-(v38)-2023-pdf.pdf?sfvrsn=60c992b5_0#page=113
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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heading_path: SOCIAL SERVICES / PUBLIC ASSISTANCE / MEDICAL ASSISTANCE GENERALLY
---

# O.C.G.A. § 49-4-142.3. Waiver request to federal government on income threshold for Medicare and Medicaid services.

The department shall be authorized to submit a waiver request, on or before June 30, 2020, 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, which may include an increase in the income threshold up to a maximum of 100 percent of the federal poverty level. Further, upon approval of the waiver, the department shall be authorized to take all necessary steps to implement the terms and conditions of the waiver without any further legislative action.

## History

Code 1981, § 49-4-142.3, enacted by Ga. L. 2019, p. 2, § 2-1/SB 106.

## Editor's Notes

Ga. L. 2019, p. 2, § 1-1/SB 106, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Patients First Act.’”

Ga. L. 2019, p. 2, § 3-1/SB 106, not codified by the General Assembly, provides: “The General Assembly finds that:

“(1) For Georgians in recent years, private sector health insurance choices have decreased and the costs of insurance coverage have increased;

“(2) Through the granting of Section 1332 innovation waivers, the federal government allows states to pursue innovative strategies for providing their residents with access to high quality, comprehensive, and affordable health insurance while retaining the basic protections for consumers; and

“(3) Such waivers may be narrowly tailored to address specific problems and may address, among other things, the creation of state reinsurance programs, high-risk health conditions, changes to premium tax credits and cost-sharing arrangements, consumer-driven health care accounts, the creation of new health insurance products, the implementation of health care delivery systems, or the redefinition of essential health benefits.”

## Law Reviews

For article on the 2019 enactment of this Code section, see 36 Ga. St. U.L. Rev. 207 (2019).

## U.s. Code.

Section 1115 of the federal Social Security Act, referred to in this Code section, is codified at 42 U.S.C. § 1315.