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2006 Georgia Code - 49-4-162
49-4-162. (a) In accordance with Section 6021 of the
Federal Deficit Reduction Act of 2005, there is established the
Georgia Qualified Long-term Care Partnership Program which shall be
administered by the Department of Community Health, with the
assistance of the Commissioner of Insurance and the Department of
Human Resources, and which shall be for the following
purposes: (1) To provide
incentives for individuals to insure against the costs of providing
for their long-term care needs; (2) To provide a mechanism for individuals to
qualify for coverage of the cost of their long-term care needs
under the state Medicaid program without first being required to
substantially exhaust their resources; (3) To provide counseling services through the
Division of Aging Services of the Department of Human Resources to
individuals in planning of their long-term care needs; and
(4) To alleviate the financial
burden on the statés
Medicaid program by encouraging the pursuit of private
initiatives. (b) Upon the
exhaustion of benefits or upon the diminishment of assets below the
anticipated remaining benefits under a Georgia Qualified Long-term
Care Partnership Program approved policy, certain assets of an
individual, as provided in subsection (c) of this Code section,
shall not be considered when determining any of the
following: (1) Medicaid
eligibility; (2) The amount
of any Medicaid payment; and (3) Any subsequent recovery by the state of a
payment for medical services. (c) The department shall: (1) Not later than November 15, 2006, make
application to the federal Department of Health and Human Services
for a state plan amendment to establish that the assets an
individual owns and may retain under Medicaid and still qualify for
benefits under Medicaid at the time the individual applies for
benefits is increased dollar for dollar for each dollar paid out
under the individuaĺs
long-term care insurance policy if the individual is the
beneficiary of a qualified long-term care insurance partnership
policy purchased through the Georgia Qualified Long-term Care
Partnership Program; and (2)
Provide information and technical assistance to the Commissioner to
assure that any individual who sells a qualified long-term care
insurance partnership policy receives training and demonstrates
evidence of an understanding of such policies and how they relate
to other public and private coverage of long-term care.
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