2022 Georgia Code
Title 49 - Social Services
Chapter 4 - Public Assistance
Article 7 - Medical Assistance Generally
§ 49-4-142.2. Expansion of Medicaid Eligibility Through an Increase in the Income Threshold

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.

History. Code 1981, § 49-4-142.2 , enacted by Ga. L. 2014, p. 293, § 2/HB 990.

Effective date. —

This Code section became effective July 1, 2014.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2014, “July 1, 2014” was substituted for “the effective date of this Code section” at the beginning of the Code section.

Editor’s notes.

Ga. L. 2014, p. 293, § 1/HB 990, not codified by the General Assembly, provides that: “WHEREAS, the General Assembly is constitutionally mandated to balance the Georgia state budget through the annual appropriations process; and

“WHEREAS, the Medicaid program comprises one of the largest expenditures of state funds in the annual budget; and

“WHEREAS, any decision to increase the income threshold for eligibility for the Medicaid entitlement program in Georgia must be carefully considered within the context of the state’s responsibility to fund other critical state services, including education, infrastructure, and public safety; and

“WHEREAS, Governor Nathan Deal has demonstrated fiscal responsibility throughout his first term in office; and

“WHEREAS, Governor Deal has recently declined to expand Medicaid eligibility through an increase in the income threshold in Georgia’s Medicaid program despite efforts by the federal government to compel states to expand this entitlement program through provisions of the Affordable Care Act; and

“WHEREAS, expanding Medicaid eligibility by increasing the income threshold for the Medicaid entitlement program would dramatically increase the number of Georgians receiving public assistance that otherwise do not qualify for Medicaid benefits by meeting low income program requirements for aged, blind, and disabled individuals; for families or children age 18 and under; for aged, blind, and disabled individuals receiving nursing home care; for individuals receiving hospice care; for pregnant women; or for individuals with breast or cervical cancer; or by meeting other program requirements for children in foster care or adopted from foster care or for children with disabilities receiving services under a federal Deeming waiver; and

“WHEREAS, in support of Governor Deal’s stance against this effort to oblige states to expand the income threshold for Medicaid benefits and, in an effort to assure any similar efforts by the federal government are seriously evaluated in the future, the General Assembly determines it is essential that a potential expansion of eligibility for Medicaid be thoroughly debated and voted upon by the legislature.”

Law reviews.

For article on the 2014 enactment of this Code section, see 31 Ga. St. U. L. Rev. 191 (2014).