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Senate Bill 500
By: Senators Dixon of the 45th, Watson of the 1st, Albers of the 56th, Hufstetler of the 52nd
and Still of the 48th
A BILL TO BE ENTITLED
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to
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provide certain requirements relating to subclasses of ground ambulance services; to revise2
definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.3
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4
SECTION 1.5
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising6
Code Section 31-11-31.2, relating to ambulance service provider matching payments,7
segregated account, appropriations from segregated account, audits, and rules and8
regulations, as follows:9
"31-11-31.2.10
(a) As used in this Code section, the term:11
(1) 'Ambulance service' means an entity licensed by the Department of Public Health12
pursuant to this chapter.13
(2) 'Board' means the Board of Community Health.14
(3) 'Department' means the Department of Community Health.15
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(4) 'Ground ambulance service' means an ambulance service that operates motor vehicles16
registered with the Department of Public Health that are specially constructed and17
equipped and are intended to be used for emergency transportation of patients.18
(4)(5) 'Provider matching payment' means a payment assessed by the board pursuant to19
this Code section on providers which operate an ambulance service.20
(b)(1) The board shall be authorized to establish and assess, by board rule, one or more21
provider matching payments on a subclass of ambulance services, as defined by the22
board; provided, however, that, if any such provider matching payment is established and23
assessed, the provider matching payment shall comply with the requirements24
of 42 C.F.R. 433.68. Any provider matching payment assessed pursuant to this Code25
section shall not exceed the amount necessary to obtain federal financial participation26
allowable under Title XIX of the federal Social Security Act. In the event that the board27
establishes a subclass that includes ground ambulance services that respond to emergency28
calls under the 9-1-1 system, whether such ground ambulance services are designated29
as 9-1-1 providers or provide services under a service delivery contract for a30
designated 9-1-1 provider, ground ambulance services that do not respond to emergency31
calls under or are not dispatched through the 9-1-1 system shall be given the option to be32
included in such subclass.33
(2) The board shall be authorized to discontinue any provider matching payment34
assessed pursuant to this Code section. The board shall cease to impose any such35
provider matching payment if:36
(A) The provider matching payments are not eligible for federal matching funds under37
Title XIX of the federal Social Security Act; or38
(B) The department, as a direct result of the enactment of this Code section, reduces39
or supplants Medicaid payment rates to ambulance providers as such rates are in effect40
on June 30, 2021, or reduces or supplants the provider matching payment rate41
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adjustment factors utilized in developing the state Fiscal Year 2021 capitated rates for
42
Medicaid managed care organizations.43
(c)(1) Any provider matching payments assessed pursuant to this Code section shall be44
deposited into a segregated account within the Indigent Care Trust Fund created pursuant45
to Code Section 31-8-152 and used solely for the purpose of obtaining federal financial46
participation for medical assistance payments to providers on behalf of Medicaid47
recipients pursuant to Article 7 of Chapter 4 of Title 49. Any funds deposited into such48
segregated account pursuant to this Code section shall be subject to appropriation by the49
General Assembly.50
(2) The department shall be authorized to impose a penalty of up to 6 percent on the51
amount of any owed provider matching payments for any ambulance service that fails to52
pay a provider matching payment within the time required by the department for each53
month, or fraction thereof, that such provider matching payment is overdue. If a required54
provider matching payment has not been received by the department in accordance with55
department timelines, the department shall withhold an amount equal to the provider56
matching payment and penalty owed from any medical assistance payment due such57
ambulance service under the Medicaid program. Any provider matching payment58
assessed pursuant to this Code section shall constitute a debt due the state and may be59
collected by civil action and the filing of tax liens in addition to such methods provided60
for in this Code section. Any penalty that accrues pursuant to this subsection shall be61
credited to the applicable segregated account.62
(d)(1) Notwithstanding any other provision of Chapter 8 of this title, the General63
Assembly is authorized to appropriate as state funds to the department for use in any64
fiscal year all revenues dedicated and deposited into one or more segregated accounts.65
Such appropriations shall be authorized to be made for the sole purpose of obtaining66
federal financial participation for medical assistance payments to providers on behalf of67
Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49. Any appropriation68
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from a segregated account for any purpose other than such medical assistance payments
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shall be void.70
(2) Revenues appropriated to the department pursuant to this Code section shall be used71
to match federal funds that are available for the purpose for which such funds have been72
appropriated.73
(3) Appropriations from a segregated account to the department shall not lapse to the74
general fund at the end of the fiscal year.75
(e) The department shall have the authority to inspect and copy the records of an76
ambulance service for purposes of auditing the calculation of the provider matching77
payment. All information obtained by the department pursuant to this Code section shall78
be confidential and shall not constitute a public record.79
(f) The board shall be authorized to establish rules and regulations to assess and collect80
any such provider matching payments, including, but not limited to, payment frequency81
and schedules, required information to be submitted, and record retention."82
SECTION 2.83
All laws and parts of laws in conflict with this Act are repealed.84
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