Bill Text: GA SB357 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Social Services; medical assistance; suspend, rather than terminate an individual's Medicaid benefits while incarcerated

Sponsorship: Partisan Bill (Democrat 5)

Status: (Introduced - Dead) 2010-02-03 - Senate Read and Referred [SB357 Detail]

Download: Georgia-2009-SB357-Introduced.html

---

10 LC 29 3968

Senate Bill 357

By: Senators Jones of the 10th, Butler of the 55th, Orrock of the 36th, Seay of the 34th and Harbison of the 15th

A BILL TO BE ENTITLED
AN ACT

To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to suspend, rather than terminate, an individual's Medicaid benefits while he or she is incarcerated; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by adding a new Code section to read as follows:

"49-4-146.4.

(a) As used in this Code section, the term:

(1) 'Inmate' means a prisoner, detainee, criminal suspect, immigration detainee, or other person held, incarcerated, or detained in a place of incarceration.

(2) 'Place of incarceration' means any prison, probation detention center, jail, or institution, including any state, federal, local, or privately operated facility, used for the purpose of incarcerating criminals or detainees in this state.

(b) Notwithstanding any other provision of law, other than a conviction pursuant to Code Section 49-4-15 or subsection (c) of Code Section 49-4-146.1, an inmate who was receiving medical assistance under this article immediately prior to being admitted as an inmate shall remain eligible for medical assistance while an inmate, except that no medical assistance shall be furnished under this article for any care, services, or supplies provided during such time as the person is an inmate; provided, however, that nothing in this Code section shall be deemed as preventing the provision of medical assistance for inpatient hospital services furnished to an inmate at a hospital outside of the premises of the inmate's facility to the extent that federal financial participation is available for the costs of such services.

(c) Upon release from incarceration, such person shall continue to be eligible for receipt of medical assistance furnished under this article until such time as the person is otherwise determined to no longer be eligible for such assistance.

(d) To the extent permitted by federal law, the time during which such person is an inmate shall not be included in any calculation of when the person is required to recertify his or her eligibility for medical assistance in accordance with this article."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.