25 LC 33 9819
Senate Bill 360
By: Senators Harrell of the 40th, Esteves of the 35th, McLaurin of the 14th, Jackson of the
41st, Parent of the 44th and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public
1
assistance, so as to provide for a public option buy-in program to provide healthcare2
coverage to individuals not eligible for Medicaid coverage or enrollment through a health3
exchange; to provide for definitions; to provide requirements for the program; to provide for4
any necessary state plan amendments or waivers; to provide for rules and regulations; to5
provide for related matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance,9
is amended by adding a new article to read as follows:10
"ARTICLE 10
11
12
49-4-200.
13
As used in this article, the term:14
(1) 'Department' means the Department of Community Health.15
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(2) 'Eligible person' means:16
(A) An individual who is not otherwise eligible to be a recipient under Medicaid or to17
obtain healthcare coverage through an exchange; or18
(B) An individual who is not otherwise eligible to be a recipient under Medicaid, if19
subsidies under the federal Patient Protection and Affordable Care Act and extended20
tax credits are not funded by Congress.21
(3) 'Exchange' means a state, federal, or partnership exchange or marketplace operating22
in Georgia pursuant to Section 1311 of the federal Patient Protection and Affordable Care23
Act.24
(4) 'Medicaid' means the program of medical assistance provided through care25
management organizations pursuant to Article 7 of this chapter, the 'Georgia Medical26
Assistance Act of 1977.' Such term also includes the health coverage for children27
provided pursuant to Article 13 of Chapter 5 of this title, the 'PeachCare for Kids Act.'28
(5) 'Public Option Buy-In Program' or 'program' means the program established pursuant29
to this article to provide healthcare coverage to eligible persons.30
49-4-201.31
(a) The department shall establish and implement the Public Option Buy-In Program. The32
program shall meet at least the same standards and provide at least the same benefits and33
levels of coverage as provided by care management organizations under Medicaid.34
(b) The program shall be available to eligible persons who reside in this state for a cost35
equal to the amount that the state pays per capita to care management organizations for36
Medicaid.37
49-4-202.38
(a) Whenever the department enters into a competitive bidding process, including, without39
limitation, a request for proposals, to solicit and enter into contracts with care management40
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organizations to provide Medicaid services, it shall require any and all bidders to also bid41
on the provision of healthcare services for the Public Option Buy-In Program.42
(b) When selecting one or more care management organizations to administer the program,43
the department shall prioritize applicants whose proposals demonstrate alignment of44
networks of providers between the program and Medicaid, where applicable.45
49-4-203.46
The department shall submit any Medicaid state plan amendment or waiver requests47
necessary to implement the provisions of this article to the United States Department of48
Health and Human Services.49
49-4-204.50
The department shall be authorized to promulgate rules and regulations consistent with and51
necessary to carry out the provisions of this article."52
SECTION 2.53
All laws and parts of laws in conflict with this Act are repealed.54
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