Georgia Commons

Title 49. SOCIAL SERVICES

Chapter 4. PUBLIC ASSISTANCE

131 sections · 49-4-1 to 49-4-193

Article 1. GENERAL PROVISIONS

  1. 49-4-1Short title.
  2. 49-4-2Definitions.
  3. 49-4-3Establishment of categories of public assistance; powers and duties in administration of article.
  4. 49-4-4Residency requirements for public assistance.
  5. 49-4-5Determining amount of public assistance.
  6. 49-4-6Reserves, income, and resources to be disregarded.
  7. 49-4-7Receipt of compensation for residence sold by government action not to affect eligibility.
  8. 49-4-8Application for public assistance.
  9. 49-4-9Investigation and record concerning applicant.
  10. 49-4-10Physical examination of applicant.
  11. 49-4-11Award and payment of public assistance.
  12. 49-4-12Periodic redetermination of award; reporting changes in recipient’s circumstances; review by department.
  13. 49-4-13Hearings; appeal.
  14. 49-4-14Regulations as to records; use or disclosure of information; penalty.
  15. 49-4-15Fraud in obtaining public assistance, food stamps, or Medicaid; penalties; recovery of overpayments.
  16. 49-4-15.1Examination of financial records in instances of alleged fraud.
  17. 49-4-16Research, demonstration, and work experience programs; surplus food distribution.
  18. 49-4-17Funding costs of assistance and administration; county participation not required.
  19. 49-4-18Article construed with federal Social Security Act; adoption of rules to comply with federal act.
  20. 49-4-19Social assistance register.
  21. 49-4-20Drug testing requirements; penalties; reapplication; confidentiality.
  22. 49-4-21Photo requirement on electronic benefits transfer cards for food stamps.
  23. 49-4-22Eligibility for aid under federal Supplemental Nutrition Assistance Program.

Article 2. OLD-AGE ASSISTANCE

  1. 49-4-30Short title.
  2. 49-4-31Definitions.
  3. 49-4-32Eligibility for assistance under this article.
  4. 49-4-33Duties of department under this article.
  5. 49-4-34Duties of county departments under this article.
  6. 49-4-35Assistance is neither assignable nor subject to legal process or bankruptcy law; payment of assistance check after death of recipient.
  7. 49-4-36Payment of assistance after recipient moves to another county.
  8. 49-4-37Claims to assistance subject to amendments or repeals.
  9. 49-4-38Roll book of employees.

Article 3. AID TO THE BLIND

  1. 49-4-50Short title.
  2. 49-4-51Definitions; when person considered blind.
  3. 49-4-52Eligibility for assistance under this article.
  4. 49-4-53Duties of department under this article.
  5. 49-4-54Duties of county departments under this article.
  6. 49-4-55Examination of applicant by ophthalmologist or optometrist.
  7. 49-4-56Reexamination of recipient’s eyesight; furnishing information.
  8. 49-4-57Providing supplementary treatment services.
  9. 49-4-58Assistance is neither assignable nor subject to legal process or bankruptcy law; payment of assistance check after death of recipient.
  10. 49-4-59Recovery of assistance payments from recipient’s estate; federal share of amounts recovered.
  11. 49-4-60Payment of assistance after recipient moves to another county.
  12. 49-4-61Claims to assistance subject to amendments or repeals.

Article 4. AID TO THE DISABLED

  1. 49-4-80Definitions.
  2. 49-4-81Eligibility for assistance under this article.
  3. 49-4-82Duties of department under this article.
  4. 49-4-83Duties of county departments under this article.
  5. 49-4-84Assistance is neither assignable nor subject to legal process or bankruptcy law; payment of assistance check after death of recipient.
  6. 49-4-85Payment of assistance after recipient moves to another county.
  7. 49-4-86Claims to assistance subject to amendments or repeals.

Article 5. AID TO FAMILIES WITH DEPENDENT CHILDREN

  1. 49-4-100 to 49-4-119(no catchline printed)Reserved

Article 6. MEDICAL ASSISTANCE FOR AGED

  1. 49-4-120 to 49-4-128(no catchline printed)Reserved

Article 7. MEDICAL ASSISTANCE GENERALLY

  1. 49-4-140Short title.
  2. 49-4-141Definitions.
  3. 49-4-142Department of Community Health established; adoption, administration, and modification of state plan; drug application fees; personal needs allowance.
  4. 49-4-142.1Legislative notification of request for waiver.
  5. 49-4-142.2Expansion of Medicaid eligibility through an increase in the income threshold.
  6. 49-4-142.3Waiver request to federal government on income threshold for Medicare and Medicaid services.
  7. 49-4-142.4Comprehensive review of provider reimbursement rates; development of proposed rate models, documentation, and policy changes.
  8. 49-4-142.5Waiver request allowing Medicaid reimbursement.
  9. 49-4-143Power of Board of Community Health; Board of Medical Assistance abolished.
  10. 49-4-144Chief administrative officer; powers and duties.
  11. 49-4-145Time limitations on claims for assistance; form of claims.
  12. 49-4-146Time for action on claim.
  13. 49-4-146.1Violations; penalties; recovery of excess amounts; termination and reinstatement; investigations.
  14. 49-4-146.2Voluntary termination of provider agreements by nursing facilities; adjustment of medical assistance rate; decertification.
  15. 49-4-146.3Civil forfeiture of property and proceeds obtained through Medicaid fraud.
  16. 49-4-147Enforcement of liens, claims, or offsets against assistance.
  17. 49-4-147.1Claims by department against estate of Medicaid recipients.
  18. 49-4-147.2Department of Community Health not eligible to obtain nor liable for interest on orders, judgments, and liquidated or unliquidated amounts; exceptions.
  19. 49-4-148Recovery of assistance from third party liable for sickness, injury, disease, or disability.
  20. 49-4-149Lien of Department of Community Health against third parties; subrogation to recipients’ insurance claims; assignment of recipients’ claims.
  21. 49-4-149.1Plan for family supplementation of Medicaid payments upon federal removal of restrictions or waiver.
  22. 49-4-150Regulations as to maintenance and use of records; use of information.
  23. 49-4-151Obtaining information for investigations and audits.
  24. 49-4-151.1Errors or omissions in reporting; right to hearing; exclusion.
  25. 49-4-152Research and demonstration projects; pilot projects to provide health care coverage and essential health care services; pharmacy assistance programs.
  26. 49-4-152.1Medicaid Prescription Drug Bidding and Rebate Program.
  27. 49-4-152.2Rebates for sole-source and multiple-source drugs included in Controlled Medical Assistance Drug List.
  28. 49-4-152.3Reuse of unit dosage drugs.
  29. 49-4-152.4Department contracts to require refund of prescription drug rebates.
  30. 49-4-152.5Restocking fees.
  31. 49-4-152.6Medicaid coverage for mood disorders prescriptions.
  32. 49-4-153Hearings and appeals; judicial review.
  33. 49-4-154Powers and duties retained by Department of Human Resources (Department of Community Health).
  34. 49-4-155Department of Community Health to succeed to existing rules, regulations, policies, procedures, and administrative orders.
  35. 49-4-156Comprehensive Health Coverage Commission; membership; purpose; termination.
  36. 49-4-156.1Reimbursement for services rendered under Article 5 of Chapter 6 of this title.
  37. 49-4-157Construction of this article with federal act.
  38. 49-4-158Certain dependents of military service members to maintain eligibility and priority for certain medical assistance and services.
  39. 49-4-159Medicaid coverage for lactation and postpartum care.
  40. 49-4-159.1State plan amendment to implement express lane eligibility in Medicaid and the PeachCare for Kids Program; enrollment and renewal.
  41. 49-4-159.2Remote maternal health clinical services; reporting; termination.
  42. 49-4-159.3Biomarker testing for Medicaid recipients.
  43. 49-4-159.4Coverage for continuous glucose monitors.

Article 7A. LONG-TERM CARE PARTNERSHIP PROGRAM

  1. 49-4-160Short title.
  2. 49-4-161Definitions.
  3. 49-4-162Program established; purposes; assets to be disregarded with respect to Medicaid eligibility or payment or recovery by the state of payments for medical services.
  4. 49-4-163Eligibility for asset disregard; reciprocal agreements with other states to extend asset disregard mutually.
  5. 49-4-164Requirements for selling qualified long-term care insurance partnership policies; rules and regulations; reports.
  6. 49-4-165Notice to consumers.

Article 7B. FALSE MEDICAID CLAIMS

  1. 49-4-168Definitions.
  2. 49-4-168.1Civil penalties for false or fraudulent Medicaid claims.
  3. 49-4-168.2Role of Attorney General in pursuing cases; civil actions by private persons; procedures.
  4. 49-4-168.3Standard of proof; procedure; intervention by Attorney General.
  5. 49-4-168.4Protection of employees from discrimination; relief; statute of limitations.
  6. 49-4-168.5Statute of limitations.
  7. 49-4-168.6Venue.

Article 7C. THERAPY SERVICES FOR CHILDREN WITH DISABILITIES

  1. 49-4-169Legislative findings and intent.
  2. 49-4-169.1Definitions.
  3. 49-4-169.2Services and treatment for categorically needy and medically fragile children.
  4. 49-4-169.3Requirements relating to administrative prior approval for services and appeals; statutory construction.

Article 8. PERSONAL REPRESENTATIVE TO MANAGE ASSISTANCE PAYMENTS

  1. 49-4-170Grounds for appointing personal representative; petition by county or district director.
  2. 49-4-171Hearing on petition; appointment, duties, and removal of representative; court costs waived.
  3. 49-4-172Appeal from order of appointment or removal.
  4. 49-4-173Maintenance of records by county or district director; use of facts and findings in other proceedings.

Article 9. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

  1. 49-4-180Short title.
  2. 49-4-181Definitions.
  3. 49-4-182Temporary Assistance for Needy Families Program created.
  4. 49-4-183Administration of article by department; promulgation of rules and regulations by board; duties of department.
  5. 49-4-184Ineligibility for assistance.
  6. 49-4-185Sanctions against recipient for failure to comply.
  7. 49-4-186Schedule of assistance to eliminate increment in benefits under TANF program as result of child birth during eligibility period.Reserved
  8. 49-4-187Assistance for applicants moving into state after receiving assistance from another state.
  9. 49-4-188Assistance for qualified aliens.
  10. 49-4-189(no catchline printed)Reserved
  11. 49-4-190Construction of article.
  12. 49-4-191Establishment and enforcement of standards and procedures by department.
  13. 49-4-192Establishment of pilot LEARNFARE program.
  14. 49-4-193Drug testing requirements; penalties; reapplication; confidentiality; exceptions.