Floor Amend 1 AM 52 0088 to SB 440

ADOPTED Senator Jackson of the 41st offered the following amendment #1: Amend SB 440 (LC 60 9004) by replacing line 28 with the following: the Department of Public Health; to make conforming changes; to provide for Medicaid expansion; to provide for related By inserting before line 620 the following: Said title is further amended in Article 7, relating to medical assistance generally, by revising Code Section 49-4-142.2, relating to expansion of Medicaid eligibility through an increase in the income threshold, as follows: "49-4-142.2. (a) On and after July 1, 2014, neither the department, the board, nor any other representative of the state shall expand Medicaid eligibility under this article through an increase in the income threshold without prior legislative approval; provided, however, that this shall not apply to any increase resulting from a cost-of-living increase in the federal poverty level. The legislative approval required under this Code section shall be by Act of the General Assembly or the adoption of a joint resolution of the General Assembly. (b) This Code section shall not apply to a waiver request along with other necessary amendments for the creation of the PeachCare Plus Program pursuant to Code Section 49-4-142.6 and submitted between July 1, 2026, and October 31, 2027." SECTION 24. Said title is further amended in said article by adding a new Code section to read as follows: "49-4-142.6. (a) As used in this Code section, the term 'program' means the PeachCare Plus Program that expands Medicaid eligibility as provided in this Code section. (b) On or before October 31, 2027, in consultation with the office of the Commissioner of Insurance, the department shall submit 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 a waiver request along with other necessary amendments for the creation of the PeachCare Plus Program. The waiver request shall provide for: (1) The enrollment of certain low-income individuals making less than 138 percent of the federal poverty level in the eligibility category created by Section 1902(a)(10)(A)(i)(VIII) of the federal Social Security Act, 42 U.S.C. Section 1396a, into qualified healthcare plans offered on the state marketplace established under Section 1332 of the federal Patient Protection and Affordable Care Act or the federal marketplace, as applicable at implementation; and (2) The full payment of any premiums or other direct costs associated with enrolling in qualified healthcare plans for certain individuals making less than 138 percent of the federal poverty level. (c) The provisions of this Code section shall only apply so long as the federal medical assistance percentage for this state established pursuant to 42 U.S.C. Section 1396d remains at or above 90 percent. (d) All savings to the state as a result of the implementation of the program shall be deposited into the Indigent Care Trust Fund created pursuant to Code Section 31-8-152 and shall be used for any additional costs and expenses associated with the implementation of the program. (e) The program shall be administered by the department; provided, however, that the department may consult other state agencies, including, but not limited to, the office of the Commissioner of Insurance. (f) The waiver provided for in this Code section shall take effect upon the expiration of the current waiver or any extension of such waiver granted prior to December 31, 2026." SECTION 25. Sections 23 and 24 of this Act shall be considered legislative notification for purposes of Code Section 49-4-142.1 and legislative approval for purposes of Code Section 49-4-142.2. SECTION 26.