05 LC 28
1930
House
Bill 133
By:
Representatives Borders of the
175th,
Black of the
174th,
and Shaw of the
176th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating
to public assistance, so as to establish the Georgia Long-Term Care Partnership
Program; to provide a short title; to provide definitions; to provide for the
administration of the program; to provide for certain duties and
responsibilities; to provide that certain assets of persons not be considered
when certain determinations concerning eligibility for Medicaid assistance are
made; to provide for criteria for asset disregard; to provide for reciprocal
agreements with other states; to authorize the Department of Community Health
and the Commissioner of Insurance to promulgate certain rules and regulations;
to provide for certain contingencies; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
4 of Title 49 of the Official Code of Georgia Annotated, relating to public
assistance, is amended by adding a new Article 7A to read as
follows:
"ARTICLE
7A
49-4-160.
This
article shall be known and may be cited as the 'Georgia Long-Term Care
Partnership Program Act.'
49-4-161.
As
used in this article, the term:
(1)
'Asset disregard' means the total assets an individual owns and may retain upon
application for the state Medicaid program and still qualify for benefits if the
individual:
(A)
Is a beneficiary of a Georgia Long-Term Care Partnership Program approved
policy; and
(B)
Has exhausted the benefits of such policy.
(2)
'Department' means the Department of Community Health.
(3)
'Georgia Long-Term Care Partnership Program approved policy' means a long-term
care insurance policy that is approved by the Commissioner of Insurance and is
provided through state approved long-term care insurers through the Georgia
Long-Term Care Partnership Program.
(4)
'State Medicaid program' means the medical assistance program established in
this state under Title XIX of the federal Social Security Act.
49-4-162.
(a)
There is established the Georgia Long-Term Care Partnership Program which shall
be administered by the Department of Community Health, with the assistance of
the Commissioner of Insurance, and which shall have the following duties and
responsibilities:
(1)
To provide incentives for individuals to insure against the costs of providing
for their long-term care needs;
(2)
To provide a mechanism for individuals to qualify for coverage of the cost of
their long-term care needs under the state Medicaid program without first being
required to substantially exhaust their resources;
(3)
To provide counseling services to individuals in planning of their long-term
care needs; and
(4)
To alleviate the financial burden on the
statés
Medicaid program by encouraging the pursuit of private initiatives.
(b)
Upon the exhaustion of benefits under a Georgia Long-Term Care Partnership
Program approved policy, certain resources of an individual, as provided in
subsection (c) of this Code section, shall not be considered when determining
any of the following:
(1)
Medicaid eligibility;
(2)
The amount of any Medicaid payment; and
(3)
Any subsequent recovery by the state of a payment for medical
services.
(c)
The department shall amend the state Medicaid program to allow for asset
disregard. The department shall provide for asset disregard by counting
insurance benefits paid under a policy toward asset disregard to the extent the
payments are for covered services under the Georgia Long-Term Care Partnership
Program for purchasers of a Georgia Long-Term Care Partnership Program approved
policy.
49-4-163.
(a)
An individual who is a beneficiary of a Georgia Long-Term Care Partnership
Program approved policy is eligible for assistance under the state Medicaid
program using asset disregard pursuant to the provisions of subsection (c) of
Code Section 49-4-162.
(b)
If the Georgia Long-Term Care Partnership Program is discontinued, an individual
who purchased a Georgia Long-Term Care Partnership Program approved policy prior
to the date the program was discontinued shall be eligible to receive asset
disregard.
(c)
The department may enter into reciprocal agreements with other states to extend
the asset disregard to residents of the state who purchase long-term care
policies in another state which has asset disregard provisions as established
under this article.
49-4-164.
The
department and the Commissioner of Insurance are authorized to promulgate rules
and regulations to implement and administer the provisions of this
article.
49-4-165.
(a)
A long-term care insurance policy issued after the effective date of this
article shall contain a notice provision to the consumer detailing in plain
language the current law pertaining to asset disregard and asset
tests.
(b)
The notice to the consumer under subsection (a) of this Code section shall be
developed by the Commissioner of Insurance.
49-4-166.
The
provisions of this article shall become effective 60 days after the effective
date of the repeal of the restrictions to asset protection contained in the
federal Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, 107 Stat.
312."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.