Title 49 — Title 49
0 chapters · 292 sections in this title.
O.C.G.A. § 49-4-149.1 Fees
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Drug application fees, §49-4-142. Forfeiture of property and proceeds. Medicaid fraud, §49-4-146.3. Fraud, §49-4-15. Errors or omissions in reporting by providers. Not, without more, to constitute fraud, §49-4-151.1. False claims, §§49-4-168 to 49-4-168.6. Financial records. Exam…
O.C.G.A. § 49-4-15.1 Examination of financial records in instances of alleged fraud
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The department may examine any books, papers, or memoranda reflecting the income of, or financial records bearing upon the determination of the eligibility of, recipients in instances of alleged fraud by recipients of food stamps and public assistance. This process may be implement…
O.C.G.A. § 49-4-150 State auditor
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Access by state auditor to confidential information, §50-6-29. Vocational rehabilitation services, §49-9-18. Welfare.
O.C.G.A. § 49-4-151 Obtaining information for investigations and audits
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(a) The commissioner, for the purposes of investigating the nature, amount, and extent of services provided to a recipient of medical assistance or auditing information submitted to the department concerning a provider’s entitlement to an amount of medical assistance, is authoriz…
O.C.G.A. § 49-4-152 Rules and regulations
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Succession to existing rules and regulations, §49-4-155. State plan. Adoption, administration and modification of plan, §49-4-142. Subrogation. Recipients’ insurance claims, §49-4-149. Third party liability as to payment of medical assistance, §49-4-148. Succession to existing rul…
O.C.G.A. § 49-4-152.3 Reuse of unit dosage drugs
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(a) As used in this Code section, the term: (1) “Long-term care facility” or “facility” means an intermediate care home, skilled nursing home, or intermingled home subject to regulation as such by the Department of Community Health. (2) “Unit dosage drug” means any dangerous drug…
O.C.G.A. § 49-4-152.4 Providers
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Defined, §49-4-146.1. Errors or omissions in reporting by providers. Fraud not found from errors or omissions not resulting in improper payment, §49-4-151.1. Rejection of correction, grounds, §49-4-151.1. Time to correct errors, §49-4-151.1. Withholding of payments. Hearing, §49-4…
O.C.G.A. § 49-4-152.5 Restocking fees
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In the provision of medical assistance pursuant to this article, the department shall allow for the payment and coverage of appropriate restocking fees incurred by a pharmacy which receives and dispenses unused over-the-counter and prescription drugs pursuant to Article 10 of Cha…
O.C.G.A. § 49-4-152.6 Medicaid coverage for mood disorders prescriptions
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(a) The department shall provide Medicaid coverage for any prescription drug prescribed to an adult patient and determined by a duly licensed practitioner in this state to be medically necessary for the treatment and prevention of mood disorders with psychotic symptoms, including…
O.C.G.A. § 49-4-153 Hearings and appeals; judicial review
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(a) The Board of Community Health is authorized to establish regulations regarding the manner in which the appeals set forth in subsection (b) of this Code section shall be conducted. (b)(1) Any applicant for medical assistance whose application is denied or is not acted upon wit…
O.C.G.A. § 49-4-155 Third parties
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Lien against third parties, §49-4-149. Violations of provisions.
O.C.G.A. § 49-4-156.1 Department of human services
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Annual progress report, §49-6-62. Rules and regulations, §49-6-64. Insurance. Volunteers. Coverage, §49-6-63. 869 INDEX AGED PERSONS —Cont’d Community care and services for the elderly —Cont’d Lead agency. Defined, §49-6-61. Duties, §§49-6-62, 49-6-63. Legislative declaration, §49…
O.C.G.A. § 49-4-157 Construction of this article with federal act
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It is the intention of the General Assembly that this article be construed consistently with Title XIX of the federal Social Security Act of 1935, as amended, and so as to authorize the Department of Community Health, within the appropriations provided to it, to administer the st…
O.C.G.A. § 49-4-158 Pregnancy
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Coverage for lactation and postpartum care, §49-4-159. Third party claims, §49-4-148. Time for action on claim, §49-4-146. Time limitations, §49-4-145. Unlawful acts, §49-4-146.1. Commissioner of community public health. Appointment, §49-4-144. Creation of position, §49-4-144. De…
O.C.G.A. § 49-4-159 Medicaid coverage for lactation and postpartum care
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(a) The department shall provide Medicaid coverage for: (1) Lactation care and services, as defined in paragraph (5) of Code Section 43-22A-3, to pregnant and lactating women and to children who are breastfeeding or receiving their mother’s milk; and 136 49-4-159.1 (2) Postpartum …
O.C.G.A. § 49-4-159.3 Biomarker testing for Medicaid recipients
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(a) As used in this Code section, the term: (1) “Biomarker” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention. Such term includes…
O.C.G.A. § 49-4-16 Aid to the blind, §49-4-52
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Aid to the disabled, §49-4-81. Disregarding of reserves, income and resources, §49-4-6. Old-age assistance, §49-4-32. Residence in state as affecting, §49-4-4. Residence sold by government action.
O.C.G.A. § 49-4-160 Short title
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This article shall be known and may be cited as the “Georgia Long-term Care Partnership Program Act.” History. Code 1981, § 49-4-160, enacted by Ga. L. 2005, p. 823, § 1/HB 643; Ga. L. 2006, p. 72, § 49/SB 465.
O.C.G.A. § 49-4-161 Definitions
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As used in this article, the term: (1) “Asset disregard” means, with regard to state Medicaid benefits, the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf of an individual who is a beneficiary under a qualified …
O.C.G.A. § 49-4-164 Martin Luther King, Jr
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advisory council. Reports. Duties of council, §50-8-241. Medicaid. Remote maternal health clinical services, §49-4-159.2. Metropolitan area planning and development commissions. Annual report, §50-8-100. Minors. Children and adolescents with severe emotional problems. Commissione…
O.C.G.A. § 49-4-165 Notice to consumers
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(a) A qualified long-term care insurance partnership policy shall contain a summary notice to the consumer in plain language on the current law pertaining to asset disregard and asset tests. 144 49-4-168 (b) The notice to the consumer under subsection (a) of this Code section shal…
O.C.G.A. § 49-4-168 Definitions
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As used in this article, the term: (1) “Claim” includes any request or demand, whether under a contract or otherwise, for money or property, whether or not the Georgia Medicaid program or this state has title to such money or property, which is made to the Georgia Medicaid progra…
O.C.G.A. § 49-4-168.2 CONFLICTS OF LAW
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Child abuse and neglect. Records. Confidentiality. Provisions not to conflict with federal law, §49-5-43. CONTRABAND. Juvenile justice. Guard lines. Crossing with prohibited items, §49-4A-16. Possession of prohibited items by juvenile detainee, §49-4A-18. Taking prohibited items in…
O.C.G.A. § 49-4-168.3 Standard of proof; procedure; intervention by Attorney General
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(a) In any civil action brought under this article, the State of Georgia or person bringing the civil action shall be required to prove all essential elements of the cause of civil action, including damages, by a preponderance of the evidence. (b) Except as otherwise provided in …
O.C.G.A. § 49-4-168.4 Filing claims for assistance, §49-4-148
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LIMITED LIABILITY COMPANIES. Unmarried persons. Benefits, rights or privileges provided to married persons. Election to contractually provide such benefits, §50-1-8. LIVE OAK. State tree, §50-3-55. LOANS. Metropolitan area planning and development commissions. Authorization to acce…
O.C.G.A. § 49-4-168.5 Statute of limitations
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All civil actions under this article shall be filed pursuant to Code Section 49-4-168.2 within six years after the date the violation was committed, or four years after the date when facts material to the right of civil action are known or reasonably should have been known by the …
O.C.G.A. § 49-4-168.6 Venue
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All civil actions brought against natural persons under this article shall be brought in the county where the defendant or, in the case of multiple defendants or of defendants who are not residents of the State of Georgia, in any county where any one defendant resides, can be fou…
O.C.G.A. § 49-4-169 Legislative findings and intent
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The General Assembly finds that changes in the approval process of certain health care programs have made it difficult for children with disabilities who are eligible for medical assistance pursuant to Article 7 of this chapter to receive the services to which they are entitled wi…
O.C.G.A. § 49-4-169.1 Definitions
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As used in this article, the term: (1) “Correct or ameliorate” means to improve or maintain a child’s health in the best condition possible, compensate for a health problem, prevent it from worsening, prevent the development of additional health problems, or improve or maintain a…
O.C.G.A. § 49-4-169.2 Eligibility
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Expansion through increase in income threshold, §49-4-142.2. Express lane eligibility. State plan amendment to implement, §49-4-159.1. Errors or omissions in reporting by providers. Fraud not found from errors not resulting in improper payments, §49-4-151.1. Rejection of correcti…
O.C.G.A. § 49-4-169.3 State plan
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Defined, §49-4-141. Department of community health. Adoption, administration and modification of plan, §49-4-142. Subpoenas. Information for investigations and audits, §49-4-151. Subrogation. Department of community health. Subrogation to recipients’ insurance claims, §49-4-149. Th…
O.C.G.A. § 49-4-17 Short title
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Definitions. Establishment of categories of public assistance; powers and duties in administration of article. Residency requirements for public assistance. Determining amount of public assistance. Reserves, income, and resources to be disregarded. Receipt of compensation for resi…
O.C.G.A. § 49-4-172 Appeal from order of appointment or removal
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Except as otherwise provided in Article 6 of Chapter 9 of Title 15, from the order of the court appointing or removing such personal representative, an appeal may be had to the judge of the superior court, who shall hear the matter de novo without a jury. History. Ga. L. 1964, p.…
O.C.G.A. § 49-4-18 Records, §49-4-14
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Social assistance register, §49-4-19. WELFARE —Cont’d Public assistance act —Cont’d Social security. Provisions construed with federal social security act, §49-4-18. Title of act. Short title, §49-4-1. Qualified long-term care partnership program, §§49-4-160 to 49-4-165. Records. …
O.C.G.A. § 49-4-180 Short title
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This article shall be known and may be cited as the “Temporary Assistance for Needy Families Act.” History. Code 1981, § 49-4-180, enacted by Ga. L. 1997, p. 1021, § 6. 49-4-181. Definitions.
O.C.G.A. § 49-4-181 Definitions
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As used in this article, the term: (1) “Applicant” means a person who applies for assistance under the state plan. (2) “Assistance” means the temporary assistance provided to 162 49-4-181 needy families in accordance with Part A of Title IV of the federal Social Security Act, as …
O.C.G.A. § 49-4-183 Definition of department, §49-4-181
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Duties, §49-4-183. Pilot LEARNFARE program. Establishment, §49-4-192. Standards and procedures. Drug testing, rules and regulations, §49-4-193. Establishment and enforcement, §49-4-191. Drug testing of applicants and recipients, §49-4-193. Eligibility for assistance, §49-4-184. A…
O.C.G.A. § 49-4-184 Ineligibility for assistance
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(a) An applicant is not eligible for assistance under this article and a recipient shall no longer be eligible for assistance under this article if: (1) The applicant’s or recipient’s family does not include a minor child, unless the applicant or recipient is a pregnant woman; (2…
O.C.G.A. § 49-4-185 Sanctions against recipient for failure to comply
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(a) As used in this Code section, the term “sanction” means a 25 percent reduction of any cash assistance provided to a family for a time period established by the board for the first material violation and termination of any cash assistance provided to the family for any subseque…
O.C.G.A. § 49-4-188 Assistance for qualified aliens
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(a) As used in this Code section, the term “qualified alien” means a qualified alien as defined in Section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, Public Law 104-193. (b) Qualified aliens will be eligible for assistance under th…
O.C.G.A. § 49-4-19 Social assistance register
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It shall be the duty of the department to establish and maintain a social assistance register and to provide for the listing in such register of groups, associations, organizations, and individuals who notify the department or any county department of family and children services…
O.C.G.A. § 49-4-190 Construction of article
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It is the intention of the General Assembly that this article be construed consistently with Part A of Title IV of the federal Social Security Act, as amended, and so as to authorize the Department of Human Services, within the appropriations provided to it, to administer the sta…
O.C.G.A. § 49-4-191 Establishment and enforcement of standards and procedures by department
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The department shall establish and enforce standards and procedures to: (1) Screen and identify recipients of TANF assistance with a history of being victims of domestic violence, while protecting the confidentiality of any such recipients; (2) Refer any such recipients to counsel…
O.C.G.A. § 49-4-192 Establishment of pilot LEARNFARE program
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(a) As used in this Code section, the term: (1) “Program” means the LEARNFARE program established in this Code section. (2) “Teen-ager” means a person at least 13 years of age but not more than 16 years of age who is included in a grant of TANF assistance, who is residing with a …
O.C.G.A. § 49-4-193 Short title
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Definitions. Temporary Assistance for Needy Families Program created. Administration of article by department; promulgation of rules and regulations by board; duties of department. Ineligibility for assistance. Sanctions against recipient for failure to comply. [Reserved] Schedule…
O.C.G.A. § 49-4-2 Definitions
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As used in this article, the term: (1) “Department” means the Department of Human Services and includes the county departments of family and children services and the agents, agencies, officers, and employees designated by the commissioner of human services to perform any functio…
O.C.G.A. § 49-4-20 Medicaid
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Drug application fees, §49-4-142. Runaway children. Registration of organizations providing services to youth. Process for registration, §49-5-161. Temporary assistance for needy families. Drug screening application fee, §49-4-193. FELONIES.
O.C.G.A. § 49-4-22 Eligibility for aid under federal Supplemental Nutrition Assistance Program
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(a) An individual who was convicted under any state or federal law of an offense which has as an element the possession, use, or distribution of a controlled substance, as such term is defined in Code Section 16-13-21, and which is or would be classified as a felony under the laws …
O.C.G.A. § 49-4-30 Short title
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This article shall be known and may be cited as the “Old-Age Assistance Act.” 74 History. Ga. L. 1937, p. 311, § 20; Ga. L. 1982, p. 3, § 49; Ga. L. 2023, p. 730, § 6(a)(4)/HB 475, effective July 1, 2023. 49-4-32 The 2023 amendment, effective July 1, 2023, part of an Act to revis…
O.C.G.A. § 49-4-31 Definitions
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As used in this article, the term: (1) “Applicant” means a person who has applied for assistance under this article. (2) “Assistance” means money payments to, medical care in behalf of, or any type of remedial care recognized under state law in behalf of needy individuals who are…