| 1 | 1 | | 25 LC 62 0091 |
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| 2 | 2 | | Senate Bill 186 |
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| 3 | 3 | | By: Senators Esteves of the 35th, Jones II of the 22nd, Parent of the 44th, Islam Parkes of the |
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| 4 | 4 | | 7th, Kemp of the 38th and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, |
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| 8 | 8 | | 1 |
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| 9 | 9 | | relating to regulation of hospitals and related institutions, so as to permit assisted living2 |
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| 10 | 10 | | communities and personal care homes to enroll as Medicaid providers; to provide for3 |
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| 11 | 11 | | development of a model for implementation; to provide for submission of a state plan4 |
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| 12 | 12 | | amendment or waiver, if necessary; to provide for legislative intent; to provide for related5 |
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| 13 | 13 | | matters; to repeal conflicting laws; and for other purposes.6 |
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| 14 | 14 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 15 | 15 | | SECTION 1.8 |
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| 16 | 16 | | It is the intent of the General Assembly:9 |
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| 17 | 17 | | (1) To assist Georgians who need the services of assisted living communities and larger10 |
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| 18 | 18 | | personal care homes in order to age in place without moving to a skilled nursing facility,11 |
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| 19 | 19 | | but don't have the financial resources to do so;12 |
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| 20 | 20 | | (2) To allow home and community based services funded under the Medicaid program13 |
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| 21 | 21 | | to be accessible to Georgians, in some instances when such services have been previously14 |
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| 22 | 22 | | prohibited by state law and policy;15 |
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| 23 | 23 | | S. B. 186 |
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| 24 | 24 | | - 1 - 25 LC 62 0091 |
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| 25 | 25 | | (3) To have the Department of Community Health initiate a program to allow such |
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| 26 | 26 | | 16 |
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| 27 | 27 | | persons to receive Medicaid home and community based services, but not room and17 |
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| 28 | 28 | | board, in assisted living communities, all personal care homes, and subsidized housing18 |
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| 29 | 29 | | when such facilities choose to be enrolled as Medicaid providers; and19 |
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| 30 | 30 | | (4) That such program enabled by this Act provide an opportunity for provider choice20 |
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| 31 | 31 | | to persons in need of home and community based services, such as residents in assisted21 |
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| 32 | 32 | | living communities who have exhausted the resources required for licensed assisted22 |
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| 33 | 33 | | living and persons living independently in their home or in subsidized housing who need23 |
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| 34 | 34 | | a higher level of care.24 |
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| 35 | 35 | | SECTION 2.25 |
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| 36 | 36 | | Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to26 |
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| 37 | 37 | | regulation of hospitals and related institutions, is amended in Code Section 31-7-12.2,27 |
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| 38 | 38 | | relating to regulation and licensing of assisted living communities, by revising subsection (i)28 |
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| 39 | 39 | | as follows:29 |
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| 40 | 40 | | "(i) An assisted living community shall not be permitted to enroll as a provider of medical |
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| 41 | 41 | | 30 |
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| 42 | 42 | | assistance, as defined in paragraph (6) of Code Section 49-4-141, or receive any funds31 |
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| 43 | 43 | | authorized or paid pursuant to Title XIX of the Social Security Act. Reserved."32 |
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| 44 | 44 | | SECTION 3.33 |
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| 45 | 45 | | Said article is further amended by adding a new Code section to read as follows:34 |
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| 46 | 46 | | "31-7-12.9.35 |
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| 47 | 47 | | (a) Unless otherwise prohibited by federal law or regulation, assisted living communities36 |
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| 48 | 48 | | and personal care homes shall be permitted to enroll as providers of medical assistance, as37 |
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| 49 | 49 | | defined in paragraph (6) of Code Section 49-4-141, and receive any funds authorized or38 |
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| 50 | 50 | | paid pursuant to Title XIX of the Social Security Act.39 |
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| 51 | 51 | | S. B. 186 |
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| 52 | 52 | | - 2 - 25 LC 62 0091 |
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| 53 | 53 | | (b) In order to implement the provisions of this Code section, the department shall convene40 |
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| 54 | 54 | | stakeholders and develop a model to allow assisted living communities and personal care41 |
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| 55 | 55 | | homes to enroll as providers of medical assistance, as defined in paragraph (6) of Code42 |
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| 56 | 56 | | Section 49-4-141, and receive any funds authorized or paid pursuant to Title XIX of the43 |
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| 57 | 57 | | Social Security Act.44 |
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| 58 | 58 | | (c) To implement the provisions of this Code section, the department shall submit a45 |
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| 59 | 59 | | Medicaid state plan amendment, waiver request, or amendment to an existing waiver to the46 |
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| 60 | 60 | | United States Department of Health and Human Services, as necessary, no later than47 |
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| 61 | 61 | | December 31, 2026."48 |
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| 62 | 62 | | SECTION 4.49 |
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| 63 | 63 | | All laws and parts of laws in conflict with this Act are repealed.50 |
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| 64 | 64 | | S. B. 186 |
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| 65 | 65 | | - 3 - |
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