2021 Georgia Code
Title 49 - Social Services
Chapter 4 - Public Assistance
Article 7 - Medical Assistance Generally
- § 49-4-140. Short Title
- § 49-4-141. Definitions
- § 49-4-142. Department of Community Health Established; Adoption, Administration, and Modification of State Plan; Drug Application Fees; Personal Needs Allowance
- § 49-4-142.1. Legislative Notification of Request for Waiver
- § 49-4-142.2. Expansion of Medicaid Eligibility Through an Increase in the Income Threshold
- § 49-4-142.3. Waiver Request to Federal Government on Income Threshold for Medicare and Medicaid Services
- § 49-4-143. Power of Board of Community Health; Board of Medical Assistance Abolished
- § 49-4-144. Chief Administrative Officer; Powers and Duties
- § 49-4-145. Time Limitations on Claims for Assistance; Form of Claims
- § 49-4-146. Time for Action on Claim
- § 49-4-146.1. Unlawful Acts; Violations and Penalties; Recovery of Excess Amounts; Termination and Reinstatement of Providers; Duty of Department to Identify and Investigate Violations; Notifications; Authorization to Obtain Income Eligibility Verification
- § 49-4-146.2. Requirements for Voluntary Termination of Provider Agreements by Nursing Facilities; Adjustment of Medical Assistance Rate; Decertification
- § 49-4-146.3. Civil Forfeiture of Property and Proceeds Obtained Through Medicaid Fraud
- § 49-4-147. Enforcement of Liens, Claims, or Offsets Against Assistance
- § 49-4-147.1. Claims by Department Against Estate of Medicaid Recipients
- § 49-4-147.2. Noneligibility of Department of Community Health to Obtain nor Be Liable for Interest on Orders, Judgments, and Liquidated or Unliquidated Amounts; Exemptions
- § 49-4-148. Recovery of Assistance From Third Party Liable for Sickness, Injury, Disease, or Disability; Compromise or Waiver of Claim; Compliance; Effective Date
- § 49-4-149. Lien of Department of Community Health Against Third Parties; Subrogation to Recipients' Insurance Claims; Assignment of Recipients' Claims
- § 49-4-149.1. Submission by Department of Plan for Family Supplementation of Medicaid Payments Upon Federal Removal of Restrictions
- § 49-4-150. Regulations as to Maintenance and Use of Records; Certificate as to Use of Information
- § 49-4-151. Obtaining Information for Investigations and Audits
- § 49-4-151.1. Errors or Omissions in Reporting; Right to Hearing; Exclusion
- § 49-4-152. Research and Demonstration Projects; Pilot Projects to Provide Health Care Coverage and Essential Health Care Services; Pharmacy Assistance Programs
- § 49-4-152.1. Medicaid Prescription Drug Bidding and Rebate Program
- § 49-4-152.2. Rebates for Sole-Source and Multiple-Source Drugs Included in Controlled Medical Assistance Drug List
- § 49-4-152.3. Reuse of Unit Dosage Drugs
- § 49-4-152.4. Department Contracts to Require Refund of Prescription Drug Rebates
- § 49-4-152.5. Restocking Fees
- § 49-4-153. Administrative Hearings and Appeals; Judicial Review; Contested Cases Involving Imposition of Remedial or Punitive Measure Against Nursing Facility
- § 49-4-154. Powers and Duties Retained by Department of Human Resources (Department of Community Health)
- § 49-4-155. Department of Community Health to Succeed to Existing Rules, Regulations, Policies, Procedures, and Administrative Orders
- § 49-4-156. Tax Exemption for Health Maintenance Organizations With Respect to Contracts Pursuant to This Article
- § 49-4-156.1. Reimbursement for Services Rendered Under Article 5 of Chapter 6 of This Title
- § 49-4-157. Construction of This Article With Federal Act
- § 49-4-158. Certain Dependents of Military Service Members to Maintain Eligibility and Priority for Certain Medical Assistance and Developmental Disability Services Under Certain Conditions; Waiver to Implement Such Provision; Compliance With Certain Federal Laws, Rules, and Regulations; Definitions
- § 49-4-159. Medicaid Coverage for Lactation and Postpartum Care
- § 49-4-159.1. State Plan Amendment to Implement Express Lane Eligibility in Medicaid and the Peachcare for Kids Program; Enrollment and Renewal
- Hospital care for the indigent generally, § 31-8-1 et seq.
Determination of responsibility of parties to pay costs of treatment for mental illness, mental retardation, and alcoholism, §§ 37-3-121,37-4-81,37-7-121, T. 37, C. 9.
Administrative Rules and Regulations.- Department of Medical Assistance, Official Compilation of the Rules and Regulations of the State of Georgia, Title 350.
Law reviews.- For note, "Charting the Middle Course: An Argument for Robust But Well-Tailored Health Care Discrimination Protection for the Transgender Community," see 52 Ga. L. Rev. 225 (2017).
JUDICIAL DECISIONS
Authority of Department of Medical Assistance (now Department of Community Health) regarding branch offices of home health services.
- Failure of a provider under the Home Health Services Program of the Georgia Medicaid Program to satisfy Department of Medical Assistance (DMA) (now Department of Community Health) regulations governing the geographic location of branch facilities authorized the DMA to disallow reimbursement, even if the federal Health Care Financing Administration and the Department of Human Resources had approved the provider's branch organizational structure. ABC Home Health Servs., Inc. v. Georgia Dep't of Medical Assistance, 211 Ga. App. 496, 439 S.E.2d 696 (1993).
RESEARCH REFERENCES
ALR.
- Limitation on right of chiropractors and osteopathic physicians to participate in public medical welfare programs, 8 A.L.R.4th 1056.
Validity of state statutes and regulations limiting or restricting public funding for abortions sought by indigent women, 20 A.L.R.4th 1166.
