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