O.C.G.A. § 49-5-151 — GA Code / Title 49 / Chapter 5 / Section 49-5-151
Georgia Code Title 49. Social Services § 49-5-151
Status: in_force

It shall be the duty of the council to arrange for the implementation of this part as follows:

(1) To assist local governments and private service agencies in the development of community based programs and to provide information on the availability of potential funding sources and to provide whatever assistance may be requested in making application for needed funding;

(1) To assist local governments and private service agencies in the development of community based programs and to provide information on the availability of potential funding sources and to provide whatever assistance may be requested in making application for needed funding;

(2) To approve yearly program evaluations and to make recommendations to the General Assembly concerning continuation funding that might be supported by that evaluation;

(2) To approve yearly program evaluations and to make recommendations to the General Assembly concerning continuation funding that might be supported by that evaluation;

(3) To approve program evaluation standards by which all programs developed under the provisions of this part may be objectively evaluated. Such standards as may be developed for the purpose of program evaluation shall be in addition to any current standards as may be applicable under the existing authority of the department. Minimum operating standards as well as program evaluation standards as may be needed for new program models designed to fulfill the intent of this part may be developed at the discretion of the council;

(3) To approve program evaluation standards by which all programs developed under the provisions of this part may be objectively evaluated. Such standards as may be developed for the purpose of program evaluation shall be in addition to any current standards as may be applicable under the existing authority of the department. Minimum operating standards as well as program evaluation standards as may be needed for new program models designed to fulfill the intent of this part may be developed at the discretion of the council;

(4) To develop a formula for funding on a matching basis community based services as provided for in this part. This formula may be based upon a county's or counties' relative ability to fund community based programs for children and youth. Local governments receiving state matching funds for programs under the provisions of this part must maintain the same overall level of effort that existed at the time of the filing of the county assessment of youth needs with the council;

(4) To develop a formula for funding on a matching basis community based services as provided for in this part. This formula may be based upon a county's or counties' relative ability to fund community based programs for children and youth. Local governments receiving state matching funds for programs under the provisions of this part must maintain the same overall level of effort that existed at the time of the filing of the county assessment of youth needs with the council;

(5) To provide yearly program evaluation of the effectiveness of delinquency and other prevention programs and community based services developed or supported under provisions of this part;

(5) To provide yearly program evaluation of the effectiveness of delinquency and other prevention programs and community based services developed or supported under provisions of this part;

(6) To develop a program to coordinate the resources of state government within the appropriate departments to provide technical assistance to local areas within the state to assist them in planning delinquency and other prevention programs and community based services for youth, including but not limited to the following: (A) Study local youth needs; (B) Gather data on children within the jurisdiction of the state systems; (C) Evaluate resources for providing services or care to these children; (D) Provide information about various program models which might be appropriate in relation to the needs of children and youth; (E) Help in planning for evaluation; and (F) Provide such other assistance as may be appropriate;

(6) To develop a program to coordinate the resources of state government within the appropriate departments to provide technical assistance to local areas within the state to assist them in planning delinquency and other prevention programs and community based services for youth, including but not limited to the following:

(A) Study local youth needs;

(A) Study local youth needs;

(B) Gather data on children within the jurisdiction of the state systems;

(B) Gather data on children within the jurisdiction of the state systems;

(C) Evaluate resources for providing services or care to these children;

(C) Evaluate resources for providing services or care to these children;

(D) Provide information about various program models which might be appropriate in relation to the needs of children and youth;

(D) Provide information about various program models which might be appropriate in relation to the needs of children and youth;

(E) Help in planning for evaluation; and

(E) Help in planning for evaluation; and

(F) Provide such other assistance as may be appropriate;

(F) Provide such other assistance as may be appropriate;

(7) To encourage the development of delinquency and other prevention programs and community based services by private groups so that: (A) Such programs can be responsive to local needs; (B) Local leadership and private groups can be responsible for their programs; (C) Programs which meet state standards can be assisted by state and federal funding; and (D) Available private funds can be appropriately utilized along with available state and federal funds;

(7) To encourage the development of delinquency and other prevention programs and community based services by private groups so that:

(A) Such programs can be responsive to local needs;

(A) Such programs can be responsive to local needs;

(B) Local leadership and private groups can be responsible for their programs;

(B) Local leadership and private groups can be responsible for their programs;

(C) Programs which meet state standards can be assisted by state and federal funding; and

(C) Programs which meet state standards can be assisted by state and federal funding; and

(D) Available private funds can be appropriately utilized along with available state and federal funds;

(D) Available private funds can be appropriately utilized along with available state and federal funds;

(8) To provide for the development of programs which have a plan for evaluation from the beginning so that successful program models can be replicated as appropriate; and

(8) To provide for the development of programs which have a plan for evaluation from the beginning so that successful program models can be replicated as appropriate; and

(9) To provide for the development of delinquency and other prevention programs and community based services under public auspices where there is no local private leadership.

(9) To provide for the development of delinquency and other prevention programs and community based services under public auspices where there is no local private leadership.
O.C.G.A. § 49-4-146-1 — GA Code / Title 49 / Chapter 4 / Section 49-4-146-1
Georgia Code Title 49. Social Services § 49-4-146.1
Status: in_force

(a) As used in this Code section, the term: (1) “ Agent ” means any person who has been delegated the authority to obligate or act on behalf of a provider. (2) “ Convicted ” means that a judgment of conviction has been entered by any federal, state, or other court, regardless of whether an appeal from that judgment is pending. (3) “ Indirect ownership interest ” means any ownership interest in an entity that has an ownership interest in the provider entity. The term includes an ownership interest in any entity that has an indirect ownership interest in the provider entity. (4) “ Managing employee ” means a general manager, business manager, administrator, director, or other individual who exercises operational or managerial control over, or who directly or indirectly conducts, the day-to-day operation of the institution, organization, or agency. (5) “Payment” includes a payment or approval for payment, any portion of which is paid by the Georgia Medicaid program, or by a contractor, subcontractor, or agent for the Georgia Medicaid program pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program. (5.1) “Peace officer” shall have the same meaning as provided for in subparagraph (A) of paragraph (8) of Code Section 35-8-2 . (6) “ Person ” means any person, firm, corporation, partnership, or other entity. (7) “ Person with an ownership or control interest ” means a person who: (A) Has ownership interest totaling 5 percent or more in a provider; (B) Has an indirect ownership interest equal to 5 percent or more in a provider; (C) Has a combination of direct and indirect ownership interests equal to 5 percent or more in a provider; (D) Owns an interest of 5 percent or more in any mortgage, deed of trust, note, or other obligation secured by the provider entity if that interest equals at least 5 percent of the value of the property or assets of the provider; (E) Is an officer or director of a provider that is organized as a corporation; or (F) Is a partner in a provider entity that is organized as a partnership. (8) “ Provider ” means an actual or prospective provider of medical assistance under this chapter. The term “provider” shall also include any managed care organization providing services pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program.

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

(1) “ Agent ” means any person who has been delegated the authority to obligate or act on behalf of a provider.

(1) “ Agent ” means any person who has been delegated the authority to obligate or act on behalf of a provider.

(2) “ Convicted ” means that a judgment of conviction has been entered by any federal, state, or other court, regardless of whether an appeal from that judgment is pending.

(2) “ Convicted ” means that a judgment of conviction has been entered by any federal, state, or other court, regardless of whether an appeal from that judgment is pending.

(3) “ Indirect ownership interest ” means any ownership interest in an entity that has an ownership interest in the provider entity. The term includes an ownership interest in any entity that has an indirect ownership interest in the provider entity.

(3) “ Indirect ownership interest ” means any ownership interest in an entity that has an ownership interest in the provider entity. The term includes an ownership interest in any entity that has an indirect ownership interest in the provider entity.

(4) “ Managing employee ” means a general manager, business manager, administrator, director, or other individual who exercises operational or managerial control over, or who directly or indirectly conducts, the day-to-day operation of the institution, organization, or agency.

(4) “ Managing employee ” means a general manager, business manager, administrator, director, or other individual who exercises operational or managerial control over, or who directly or indirectly conducts, the day-to-day operation of the institution, organization, or agency.

(5) “Payment” includes a payment or approval for payment, any portion of which is paid by the Georgia Medicaid program, or by a contractor, subcontractor, or agent for the Georgia Medicaid program pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program.

(5) “Payment” includes a payment or approval for payment, any portion of which is paid by the Georgia Medicaid program, or by a contractor, subcontractor, or agent for the Georgia Medicaid program pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program.

(5.1) “Peace officer” shall have the same meaning as provided for in subparagraph (A) of paragraph (8) of Code Section 35-8-2 .

(5.1) “Peace officer” shall have the same meaning as provided for in subparagraph (A) of paragraph (8) of Code Section 35-8-2 .

(6) “ Person ” means any person, firm, corporation, partnership, or other entity.

(6) “ Person ” means any person, firm, corporation, partnership, or other entity.

(7) “ Person with an ownership or control interest ” means a person who: (A) Has ownership interest totaling 5 percent or more in a provider; (B) Has an indirect ownership interest equal to 5 percent or more in a provider; (C) Has a combination of direct and indirect ownership interests equal to 5 percent or more in a provider; (D) Owns an interest of 5 percent or more in any mortgage, deed of trust, note, or other obligation secured by the provider entity if that interest equals at least 5 percent of the value of the property or assets of the provider; (E) Is an officer or director of a provider that is organized as a corporation; or (F) Is a partner in a provider entity that is organized as a partnership.

(7) “ Person with an ownership or control interest ” means a person who:

(A) Has ownership interest totaling 5 percent or more in a provider;

(A) Has ownership interest totaling 5 percent or more in a provider;

(B) Has an indirect ownership interest equal to 5 percent or more in a provider;

(B) Has an indirect ownership interest equal to 5 percent or more in a provider;

(C) Has a combination of direct and indirect ownership interests equal to 5 percent or more in a provider;

(C) Has a combination of direct and indirect ownership interests equal to 5 percent or more in a provider;

(D) Owns an interest of 5 percent or more in any mortgage, deed of trust, note, or other obligation secured by the provider entity if that interest equals at least 5 percent of the value of the property or assets of the provider;

(D) Owns an interest of 5 percent or more in any mortgage, deed of trust, note, or other obligation secured by the provider entity if that interest equals at least 5 percent of the value of the property or assets of the provider;

(E) Is an officer or director of a provider that is organized as a corporation; or

(E) Is an officer or director of a provider that is organized as a corporation; or

(F) Is a partner in a provider entity that is organized as a partnership.

(F) Is a partner in a provider entity that is organized as a partnership.

(8) “ Provider ” means an actual or prospective provider of medical assistance under this chapter. The term “provider” shall also include any managed care organization providing services pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program.

(8) “ Provider ” means an actual or prospective provider of medical assistance under this chapter. The term “provider” shall also include any managed care organization providing services pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program.

(b) It shall be unlawful: (1) For any person or provider to obtain, attempt to obtain, or retain for himself, herself, or any other person any medical assistance or other benefits or payments under this article, or under a managed care program operated, funded, or reimbursed by the Georgia Medicaid program, to which the person or provider is not entitled, or in an amount greater than that to which the person or provider is entitled, when the assistance, benefit, or payment is obtained, attempted to be obtained, or retained, by: (A) Knowingly and willfully making a false statement or false representation; (B) Deliberate concealment of any material fact; or (C) Any fraudulent scheme or device; or (2) For any person or provider knowingly and willfully to accept medical assistance payments to which he or she is not entitled or in an amount greater than that to which he or she is entitled or knowingly and willfully to falsify any report or document required under this article.

(b) It shall be unlawful:

(1) For any person or provider to obtain, attempt to obtain, or retain for himself, herself, or any other person any medical assistance or other benefits or payments under this article, or under a managed care program operated, funded, or reimbursed by the Georgia Medicaid program, to which the person or provider is not entitled, or in an amount greater than that to which the person or provider is entitled, when the assistance, benefit, or payment is obtained, attempted to be obtained, or retained, by: (A) Knowingly and willfully making a false statement or false representation; (B) Deliberate concealment of any material fact; or (C) Any fraudulent scheme or device; or

(1) For any person or provider to obtain, attempt to obtain, or retain for himself, herself, or any other person any medical assistance or other benefits or payments under this article, or under a managed care program operated, funded, or reimbursed by the Georgia Medicaid program, to which the person or provider is not entitled, or in an amount greater than that to which the person or provider is entitled, when the assistance, benefit, or payment is obtained, attempted to be obtained, or retained, by:

(A) Knowingly and willfully making a false statement or false representation;

(A) Knowingly and willfully making a false statement or false representation;

(B) Deliberate concealment of any material fact; or

(B) Deliberate concealment of any material fact; or

(C) Any fraudulent scheme or device; or

(C) Any fraudulent scheme or device; or

(2) For any person or provider knowingly and willfully to accept medical assistance payments to which he or she is not entitled or in an amount greater than that to which he or she is entitled or knowingly and willfully to falsify any report or document required under this article.

(2) For any person or provider knowingly and willfully to accept medical assistance payments to which he or she is not entitled or in an amount greater than that to which he or she is entitled or knowingly and willfully to falsify any report or document required under this article.

(c) Any person violating paragraph (1) or (2) of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished for each offense by a fine of not more than $10,000.00, or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment. In any prosecution under this Code section, the state has the burden of proving beyond a reasonable doubt that the defendant intentionally committed the acts for which he or she is charged.

(c) Any person violating paragraph (1) or (2) of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished for each offense by a fine of not more than $10,000.00, or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment. In any prosecution under this Code section, the state has the burden of proving beyond a reasonable doubt that the defendant intentionally committed the acts for which he or she is charged.

(c.1)(1) Any person committing abuse shall be liable for a civil monetary penalty equal to two times the amount of any excess benefit or payment. This penalty shall be collected on the same terms as a penalty imposed pursuant to subsection (d) of this Code section, except as to the amount specified in items (1) and (2) of that subsection, but shall not be imposed cumulatively with a penalty under such subsection. (2) Abuse is defined as a provider knowingly obtaining or attempting to obtain medical assistance or other benefits or payments under this article to which the provider knows he or she is not entitled when the assistance, benefits, or payments are greater than an amount which would be paid in accordance with those provisions of the department's policies and procedures manual which are adopted pursuant to public notice, and the assistance, benefits, or payments directly or indirectly result in unnecessary costs to the medical assistance program. Isolated instances of unintentional errors in billing, coding, and costs reports shall not constitute abuse. Miscoding shall not constitute abuse if there is a good faith basis that the codes used were appropriate under the department's policies and procedures manual and there was no deceptive intent on the part of the provider.

(c.1)(1) Any person committing abuse shall be liable for a civil monetary penalty equal to two times the amount of any excess benefit or payment. This penalty shall be collected on the same terms as a penalty imposed pursuant to subsection (d) of this Code section, except as to the amount specified in items (1) and (2) of that subsection, but shall not be imposed cumulatively with a penalty under such subsection.

(c.1)(1) Any person committing abuse shall be liable for a civil monetary penalty equal to two times the amount of any excess benefit or payment. This penalty shall be collected on the same terms as a penalty imposed pursuant to subsection (d) of this Code section, except as to the amount specified in items (1) and (2) of that subsection, but shall not be imposed cumulatively with a penalty under such subsection.

(2) Abuse is defined as a provider knowingly obtaining or attempting to obtain medical assistance or other benefits or payments under this article to which the provider knows he or she is not entitled when the assistance, benefits, or payments are greater than an amount which would be paid in accordance with those provisions of the department's policies and procedures manual which are adopted pursuant to public notice, and the assistance, benefits, or payments directly or indirectly result in unnecessary costs to the medical assistance program. Isolated instances of unintentional errors in billing, coding, and costs reports shall not constitute abuse. Miscoding shall not constitute abuse if there is a good faith basis that the codes used were appropriate under the department's policies and procedures manual and there was no deceptive intent on the part of the provider.

(2) Abuse is defined as a provider knowingly obtaining or attempting to obtain medical assistance or other benefits or payments under this article to which the provider knows he or she is not entitled when the assistance, benefits, or payments are greater than an amount which would be paid in accordance with those provisions of the department's policies and procedures manual which are adopted pursuant to public notice, and the assistance, benefits, or payments directly or indirectly result in unnecessary costs to the medical assistance program. Isolated instances of unintentional errors in billing, coding, and costs reports shall not constitute abuse. Miscoding shall not constitute abuse if there is a good faith basis that the codes used were appropriate under the department's policies and procedures manual and there was no deceptive intent on the part of the provider.

(d) In addition to any other penalties provided by law, each person violating subsection (b) of this Code section shall be liable to a civil penalty equal to the greater of (1) three times the amount of any such excess benefit or payment or (2) $1,000.00 for each excessive claim for assistance, benefit, or payment. Additionally, interest on the penalty shall be paid at the rate of 12 percent per annum from the date of payment of any such excessive amount, or from the date of receipt of any claim for an excessive amount when no payment has been made, until the date of payment of such penalty to the department.

(d) In addition to any other penalties provided by law, each person violating subsection (b) of this Code section shall be liable to a civil penalty equal to the greater of (1) three times the amount of any such excess benefit or payment or (2) $1,000.00 for each excessive claim for assistance, benefit, or payment. Additionally, interest on the penalty shall be paid at the rate of 12 percent per annum from the date of payment of any such excessive amount, or from the date of receipt of any claim for an excessive amount when no payment has been made, until the date of payment of such penalty to the department.

(e)(1) Whenever the commissioner proposes to recover an amount provided for in subsection (d) of this Code section, he shall give 30 days' written notice of his intended actions. The notice shall inform the person in violation of subsection (b) of this Code section of his right to a hearing, the method by which he may obtain a hearing, and that he may be represented by an authorized representative, such as legal counsel, relative, friend, or other spokesman, or that he may represent himself. (2) All hearings held by virtue of this subsection shall be conducted in the same manner as any other contested case within the department and shall be subject to the rules and regulations regarding hearings within the department. As in all contested cases within the department, the person against whom the commissioner is proceeding under this subsection shall have the right to appeal any adverse administrative decision to the superior court of the county of his residence or to the Superior Court of Fulton County once he exhausts all administrative remedies within the department. (3) If the person against whom the commissioner is proceeding under this subsection fails to request a hearing or fails to exhaust all administrative remedies within the department, then his case shall be treated as an unappealed administrative decision. In any unappealed administrative decision where the aggrieved party fails to request a hearing or fails to exhaust all administrative remedies, the commissioner shall issue an order to the person against whom the commissioner is proceeding, directing payment of any amount found to be due pursuant to subsection (d) of this Code section within ten days after service of the order. Upon failure to comply with the commissioner's order, the commissioner may issue a certificate to the clerk of the superior court of the county of residence of the person who is the subject of the order. A copy of such certificate shall be served upon the person against whom the order was entered. Thereupon, the clerk shall immediately enter upon his record of docketed judgments the name of the person so indebted, that the debt is owed to the state, a designation of the statute under which such amount is found to be due, the amount due, and the date of the certification. Such entry shall have the same force and effect as the entry of a docketed judgment in the superior court. Such entry on the docket by the commissioner shall be without prejudice to the right of the aggrieved party to contest such entry by affidavit of illegality or as otherwise provided by law.

(e)(1) Whenever the commissioner proposes to recover an amount provided for in subsection (d) of this Code section, he shall give 30 days' written notice of his intended actions. The notice shall inform the person in violation of subsection (b) of this Code section of his right to a hearing, the method by which he may obtain a hearing, and that he may be represented by an authorized representative, such as legal counsel, relative, friend, or other spokesman, or that he may represent himself.

(e)(1) Whenever the commissioner proposes to recover an amount provided for in subsection (d) of this Code section, he shall give 30 days' written notice of his intended actions. The notice shall inform the person in violation of subsection (b) of this Code section of his right to a hearing, the method by which he may obtain a hearing, and that he may be represented by an authorized representative, such as legal counsel, relative, friend, or other spokesman, or that he may represent himself.

(2) All hearings held by virtue of this subsection shall be conducted in the same manner as any other contested case within the department and shall be subject to the rules and regulations regarding hearings within the department. As in all contested cases within the department, the person against whom the commissioner is proceeding under this subsection shall have the right to appeal any adverse administrative decision to the superior court of the county of his residence or to the Superior Court of Fulton County once he exhausts all administrative remedies within the department.

(2) All hearings held by virtue of this subsection shall be conducted in the same manner as any other contested case within the department and shall be subject to the rules and regulations regarding hearings within the department. As in all contested cases within the department, the person against whom the commissioner is proceeding under this subsection shall have the right to appeal any adverse administrative decision to the superior court of the county of his residence or to the Superior Court of Fulton County once he exhausts all administrative remedies within the department.

(3) If the person against whom the commissioner is proceeding under this subsection fails to request a hearing or fails to exhaust all administrative remedies within the department, then his case shall be treated as an unappealed administrative decision. In any unappealed administrative decision where the aggrieved party fails to request a hearing or fails to exhaust all administrative remedies, the commissioner shall issue an order to the person against whom the commissioner is proceeding, directing payment of any amount found to be due pursuant to subsection (d) of this Code section within ten days after service of the order. Upon failure to comply with the commissioner's order, the commissioner may issue a certificate to the clerk of the superior court of the county of residence of the person who is the subject of the order. A copy of such certificate shall be served upon the person against whom the order was entered. Thereupon, the clerk shall immediately enter upon his record of docketed judgments the name of the person so indebted, that the debt is owed to the state, a designation of the statute under which such amount is found to be due, the amount due, and the date of the certification. Such entry shall have the same force and effect as the entry of a docketed judgment in the superior court. Such entry on the docket by the commissioner shall be without prejudice to the right of the aggrieved party to contest such entry by affidavit of illegality or as otherwise provided by law.

(3) If the person against whom the commissioner is proceeding under this subsection fails to request a hearing or fails to exhaust all administrative remedies within the department, then his case shall be treated as an unappealed administrative decision. In any unappealed administrative decision where the aggrieved party fails to request a hearing or fails to exhaust all administrative remedies, the commissioner shall issue an order to the person against whom the commissioner is proceeding, directing payment of any amount found to be due pursuant to subsection (d) of this Code section within ten days after service of the order. Upon failure to comply with the commissioner's order, the commissioner may issue a certificate to the clerk of the superior court of the county of residence of the person who is the subject of the order. A copy of such certificate shall be served upon the person against whom the order was entered. Thereupon, the clerk shall immediately enter upon his record of docketed judgments the name of the person so indebted, that the debt is owed to the state, a designation of the statute under which such amount is found to be due, the amount due, and the date of the certification. Such entry shall have the same force and effect as the entry of a docketed judgment in the superior court. Such entry on the docket by the commissioner shall be without prejudice to the right of the aggrieved party to contest such entry by affidavit of illegality or as otherwise provided by law.

(f) The department may refuse to accept a statement of participation, deny a request for reinstatement, refuse to exercise its option to renew a statement of participation, suspend or withhold those payments arising from fraud or willful misrepresentation under the Medicaid program, or terminate the participation of any provider other than a natural person if that provider or any person with an ownership or control interest or any agent or managing employee of such provider has been: (1) Convicted of violating paragraph (1) or (2) of subsection (b) of this Code section; (2) Convicted of committing any other criminal offense related to any program administered under Title XVIII, XIX, or XX of the Social Security Act of 1935, 1 as amended; or (3) Excluded or suspended from participation in the medicare program for fraud or abuse. In making a decision pursuant to this subsection, the department shall consider the facts and circumstances of the specific case, including but not limited to the nature and severity of the crime or violation and the extent to which it adversely affected medical assistance recipients and the program.

(f) The department may refuse to accept a statement of participation, deny a request for reinstatement, refuse to exercise its option to renew a statement of participation, suspend or withhold those payments arising from fraud or willful misrepresentation under the Medicaid program, or terminate the participation of any provider other than a natural person if that provider or any person with an ownership or control interest or any agent or managing employee of such provider has been:

(1) Convicted of violating paragraph (1) or (2) of subsection (b) of this Code section;

(1) Convicted of violating paragraph (1) or (2) of subsection (b) of this Code section;

(2) Convicted of committing any other criminal offense related to any program administered under Title XVIII, XIX, or XX of the Social Security Act of 1935, 1 as amended; or

(2) Convicted of committing any other criminal offense related to any program administered under Title XVIII, XIX, or XX of the Social Security Act of 1935, 1 as amended; or

(3) Excluded or suspended from participation in the medicare program for fraud or abuse.

(3) Excluded or suspended from participation in the medicare program for fraud or abuse.

In making a decision pursuant to this subsection, the department shall consider the facts and circumstances of the specific case, including but not limited to the nature and severity of the crime or violation and the extent to which it adversely affected medical assistance recipients and the program.

(g) The department shall refuse to accept a statement of participation, deny a request for reinstatement, refuse to exercise its option to renew a statement of participation, or terminate the participation of any provider who is a natural person if that provider or any agent or managing employee of such provider has been convicted of: (1) Violating subsection (b) of this Code section; or (2) Committing any other criminal offense related to any program administered under Title XVIII, XIX, or XX of the Social Security Act of 1935, as amended.

(g) The department shall refuse to accept a statement of participation, deny a request for reinstatement, refuse to exercise its option to renew a statement of participation, or terminate the participation of any provider who is a natural person if that provider or any agent or managing employee of such provider has been convicted of:

(1) Violating subsection (b) of this Code section; or

(1) Violating subsection (b) of this Code section; or

(2) Committing any other criminal offense related to any program administered under Title XVIII, XIX, or XX of the Social Security Act of 1935, as amended.

(2) Committing any other criminal offense related to any program administered under Title XVIII, XIX, or XX of the Social Security Act of 1935, as amended.

(h) The department shall reinstate a provider whose participation in the medical assistance program was terminated pursuant to subsection (f) or (g) of this Code section if the conviction upon which the termination was based is reversed or vacated or if the decision of the administrative law judge is reversed in accordance with the department's rules and regulations.

(h) The department shall reinstate a provider whose participation in the medical assistance program was terminated pursuant to subsection (f) or (g) of this Code section if the conviction upon which the termination was based is reversed or vacated or if the decision of the administrative law judge is reversed in accordance with the department's rules and regulations.

(i) It shall be the duty of the department to identify and investigate violations of this article and to turn over to the prosecuting attorney, for prosecution, any information concerning any recipient of medical assistance who violates this article.

(i) It shall be the duty of the department to identify and investigate violations of this article and to turn over to the prosecuting attorney, for prosecution, any information concerning any recipient of medical assistance who violates this article.

(j) As necessary to enforce the provisions of this article, the department or its duly authorized agents may submit to the state revenue commissioner the names of applicants for medical assistance or other benefits or payments provided under this article, as well as the relevant income threshold specified therein. If the department elects to contract with the state revenue commissioner for such purposes, the state revenue commissioner and his or her agents or employees shall notify the department whether or not each submitted applicant's income exceeds the relevant income threshold provided. The department shall pay the state revenue commissioner for all costs incurred by the Department of Revenue pursuant to this subsection. No information shall be provided by the Department of Revenue to the department without an executed cooperative agreement between the two departments. Any tax information secured from the federal government by the Department of Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may not be disclosed by the Department of Revenue pursuant to this subsection. Any person receiving any tax information under the authority of this subsection is subject to the provisions of Code Section 48-7-60 and to all penalties provided under Code Section 48-7-61 for unlawful divulging of confidential tax information.

(j) As necessary to enforce the provisions of this article, the department or its duly authorized agents may submit to the state revenue commissioner the names of applicants for medical assistance or other benefits or payments provided under this article, as well as the relevant income threshold specified therein. If the department elects to contract with the state revenue commissioner for such purposes, the state revenue commissioner and his or her agents or employees shall notify the department whether or not each submitted applicant's income exceeds the relevant income threshold provided. The department shall pay the state revenue commissioner for all costs incurred by the Department of Revenue pursuant to this subsection. No information shall be provided by the Department of Revenue to the department without an executed cooperative agreement between the two departments. Any tax information secured from the federal government by the Department of Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may not be disclosed by the Department of Revenue pursuant to this subsection. Any person receiving any tax information under the authority of this subsection is subject to the provisions of Code Section 48-7-60 and to all penalties provided under Code Section 48-7-61 for unlawful divulging of confidential tax information.

(k)(1) The Attorney General shall have the authority to investigate and prosecute any offenses or criminal cases arising under the provisions of this Code section and to perform any duty that necessarily appertains thereto. (2) For purposes of investigating offenses or criminal cases arising under the provisions of this Code section, the Attorney General shall have the authority to employ peace officers who shall be authorized to execute all powers of a peace officer.

(k)(1) The Attorney General shall have the authority to investigate and prosecute any offenses or criminal cases arising under the provisions of this Code section and to perform any duty that necessarily appertains thereto.

(k)(1) The Attorney General shall have the authority to investigate and prosecute any offenses or criminal cases arising under the provisions of this Code section and to perform any duty that necessarily appertains thereto.

(2) For purposes of investigating offenses or criminal cases arising under the provisions of this Code section, the Attorney General shall have the authority to employ peace officers who shall be authorized to execute all powers of a peace officer.

(2) For purposes of investigating offenses or criminal cases arising under the provisions of this Code section, the Attorney General shall have the authority to employ peace officers who shall be authorized to execute all powers of a peace officer.

1 42 U.S.C.A. § 1395 et seq., § 1396 et seq., or § 1397 et seq.
O.C.G.A. § 49-9-3 — GA Code / Title 49 / Chapter 9 / Section 49-9-3
Georgia Code Title 49. Social Services § 49-9-3
Status: in_force

(a) There shall be an executive director of the Georgia Vocational Rehabilitation Agency nominated by the Governor and approved by the board. The director shall serve during the term of the Governor by whom he or she is appointed and at the pleasure of the board. If the Governor's term expires and the incoming Governor has not made a nomination or such nomination has not been approved by the board, the current director shall serve until a replacement is nominated by the incoming Governor and approved by the board.

(a) There shall be an executive director of the Georgia Vocational Rehabilitation Agency nominated by the Governor and approved by the board. The director shall serve during the term of the Governor by whom he or she is appointed and at the pleasure of the board. If the Governor's term expires and the incoming Governor has not made a nomination or such nomination has not been approved by the board, the current director shall serve until a replacement is nominated by the incoming Governor and approved by the board.

(b) In carrying out his or her duties under this chapter, the director of the Georgia Vocational Rehabilitation Agency: (1) Shall, with the approval of the board, prepare such regulations for promulgation by the board as he or she finds necessary to carry out the purposes of this chapter; (2) Shall, with the approval of the board, prepare such policies and procedures as he or she finds necessary for the purposes of this chapter and establish appropriate subordinate administrative units within the agency; (3) Shall recommend to the board for appointment such personnel as he or she deems necessary for the efficient performance of the functions of the agency; (4) Shall prepare and submit to the board annual reports of activities and expenditures and, prior to each regular session of the General Assembly, estimates of sums required for carrying out this chapter and estimates of the amounts to be made available for this purpose from all sources; (5) Shall make certification for disbursement, in accordance with regulations, of funds available for carrying out the purposes of this chapter; (6) May, with the approval of the board, delegate to any officer or employee of the agency such of his or her powers and duties, except the making of regulations and the appointment of personnel, as he or she finds necessary to carry out the purposes of this chapter; and (7) Is designated as the administrator of a program provided under Section 221 of the federal Social Security Act, relating to disability adjudication services. The director shall receive, notwithstanding any other provision of law and in addition to his or her regular compensation, such compensation and allowance as may be augmented from grants by the appropriate federal agency in such amount as is determined by the federal agency to be commensurate with the duties imposed by Section 221 of the federal Social Security Act.

(b) In carrying out his or her duties under this chapter, the director of the Georgia Vocational Rehabilitation Agency:

(1) Shall, with the approval of the board, prepare such regulations for promulgation by the board as he or she finds necessary to carry out the purposes of this chapter;

(1) Shall, with the approval of the board, prepare such regulations for promulgation by the board as he or she finds necessary to carry out the purposes of this chapter;

(2) Shall, with the approval of the board, prepare such policies and procedures as he or she finds necessary for the purposes of this chapter and establish appropriate subordinate administrative units within the agency;

(2) Shall, with the approval of the board, prepare such policies and procedures as he or she finds necessary for the purposes of this chapter and establish appropriate subordinate administrative units within the agency;

(3) Shall recommend to the board for appointment such personnel as he or she deems necessary for the efficient performance of the functions of the agency;

(3) Shall recommend to the board for appointment such personnel as he or she deems necessary for the efficient performance of the functions of the agency;

(4) Shall prepare and submit to the board annual reports of activities and expenditures and, prior to each regular session of the General Assembly, estimates of sums required for carrying out this chapter and estimates of the amounts to be made available for this purpose from all sources;

(4) Shall prepare and submit to the board annual reports of activities and expenditures and, prior to each regular session of the General Assembly, estimates of sums required for carrying out this chapter and estimates of the amounts to be made available for this purpose from all sources;

(5) Shall make certification for disbursement, in accordance with regulations, of funds available for carrying out the purposes of this chapter;

(5) Shall make certification for disbursement, in accordance with regulations, of funds available for carrying out the purposes of this chapter;

(6) May, with the approval of the board, delegate to any officer or employee of the agency such of his or her powers and duties, except the making of regulations and the appointment of personnel, as he or she finds necessary to carry out the purposes of this chapter; and

(6) May, with the approval of the board, delegate to any officer or employee of the agency such of his or her powers and duties, except the making of regulations and the appointment of personnel, as he or she finds necessary to carry out the purposes of this chapter; and

(7) Is designated as the administrator of a program provided under Section 221 of the federal Social Security Act, relating to disability adjudication services. The director shall receive, notwithstanding any other provision of law and in addition to his or her regular compensation, such compensation and allowance as may be augmented from grants by the appropriate federal agency in such amount as is determined by the federal agency to be commensurate with the duties imposed by Section 221 of the federal Social Security Act.

(7) Is designated as the administrator of a program provided under Section 221 of the federal Social Security Act, relating to disability adjudication services. The director shall receive, notwithstanding any other provision of law and in addition to his or her regular compensation, such compensation and allowance as may be augmented from grants by the appropriate federal agency in such amount as is determined by the federal agency to be commensurate with the duties imposed by Section 221 of the federal Social Security Act.
O.C.G.A. § 49-4a-9 — GA Code / Title 49 / Chapter 4A / Section 49-4a-9
Georgia Code Title 49. Social Services § 49-4A-9
Status: in_force

(a) Any child who has previously been adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occasion, is convicted of a felony in a superior court may, in the discretion of the court, be sentenced into the custody of the department as otherwise provided by law or be committed as a youthful offender as authorized in Chapter 7 of Title 42; provided, further, that any child convicted of a felony punishable by death or by confinement for life shall only be sentenced into the custody of the Department of Corrections.

(a) Any child who has previously been adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occasion, is convicted of a felony in a superior court may, in the discretion of the court, be sentenced into the custody of the department as otherwise provided by law or be committed as a youthful offender as authorized in Chapter 7 of Title 42; provided, further, that any child convicted of a felony punishable by death or by confinement for life shall only be sentenced into the custody of the Department of Corrections.

(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release of any child committed to the department for detention in any of its institutions under the terms of this chapter during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commissioner or the commissioner's designated representative; provided, further, that upon releasing any child adjudicated for committing a delinquent act for the commission of a class A designated felony act or class B designated felony act as defined in Code Section 15-11-2 and committed to the department for detention in any of its institutions under the terms of this chapter, the department shall provide notice to any person who was the victim of the child's delinquent acts that the child is being released. So long as a good faith attempt to comply with the notice requirement of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by this subsection.

(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release of any child committed to the department for detention in any of its institutions under the terms of this chapter during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commissioner or the commissioner's designated representative; provided, further, that upon releasing any child adjudicated for committing a delinquent act for the commission of a class A designated felony act or class B designated felony act as defined in Code Section 15-11-2 and committed to the department for detention in any of its institutions under the terms of this chapter, the department shall provide notice to any person who was the victim of the child's delinquent acts that the child is being released. So long as a good faith attempt to comply with the notice requirement of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by this subsection.

(c) After the expiration of one year from the date of commitment, the committing court shall review the case and make such order with respect to the continued confinement or release of the child back to the committing court for further disposition as the court deems proper.

(c) After the expiration of one year from the date of commitment, the committing court shall review the case and make such order with respect to the continued confinement or release of the child back to the committing court for further disposition as the court deems proper.

(d) In the event adequate facilities are not available, the department shall have the right to transfer youths committed to the department under this Code section to the Department of Corrections for incarceration in an appropriate facility designated by the Department of Corrections.

(d) In the event adequate facilities are not available, the department shall have the right to transfer youths committed to the department under this Code section to the Department of Corrections for incarceration in an appropriate facility designated by the Department of Corrections.

(e) Any child under 17 years of age who is sentenced in the superior court and committed to the department may be eligible to participate in all juvenile detention facility programs and services including community work programs, sheltered workshops, special state sponsored programs for evaluation and services under the Georgia Vocational Rehabilitation Agency and the Department of Behavioral Health and Developmental Disabilities, and under the general supervision of juvenile detention facility staff at special planned activities outside of the juvenile detention facility. When such a child sentenced in the superior court is approaching his or her seventeenth birthday, the department shall notify the court that a further disposition of the child is necessary. The department shall provide the court with information concerning the participation and progress of the child in programs described in this subsection. The court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his or her sentence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law.

(e) Any child under 17 years of age who is sentenced in the superior court and committed to the department may be eligible to participate in all juvenile detention facility programs and services including community work programs, sheltered workshops, special state sponsored programs for evaluation and services under the Georgia Vocational Rehabilitation Agency and the Department of Behavioral Health and Developmental Disabilities, and under the general supervision of juvenile detention facility staff at special planned activities outside of the juvenile detention facility. When such a child sentenced in the superior court is approaching his or her seventeenth birthday, the department shall notify the court that a further disposition of the child is necessary. The department shall provide the court with information concerning the participation and progress of the child in programs described in this subsection. The court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his or her sentence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law.
O.C.G.A. § 49-4-156-1 — GA Code / Title 49 / Chapter 4 / Section 49-4-156-1
Georgia Code Title 49. Social Services § 49-4-156.1
Status: in_force

It is the intention of the General Assembly that the Department of Community Health be authorized to take those actions necessary to provide reimbursement under this article for services rendered under Article 5 of Chapter 6 of this title, relating to community care for the elderly.
O.C.G.A. § 49-4-4 — GA Code / Title 49 / Chapter 4 / Section 49-4-4
Georgia Code Title 49. Social Services § 49-4-4
Status: in_force

Public assistance shall be awarded to, or on behalf of, any individual who is a resident of this state and is otherwise eligible therefor under one of the categories established pursuant to this article, as determined in accordance with the regulations of the board; provided, however, that residence in this state in excess of one year may not be required with respect to any individual under any category; and provided, further, that with respect to “medical assistance” no residence requirement which excludes any individual who resides in this state may be imposed.
O.C.G.A. § 49-5-66 — GA Code / Title 49 / Chapter 5 / Section 49-5-66
Georgia Code Title 49. Social Services § 49-5-66
Status: in_force

Each center shall be required to obtain a separate license and shall have a separate director for each center.
O.C.G.A. § 49-5-24 — GA Code / Title 49 / Chapter 5 / Section 49-5-24
Georgia Code Title 49. Social Services § 49-5-24
Status: in_force

(a)(1) In an effort to improve the availability and quality of programs and services for the protection of children and youth, the General Assembly supports interagency efforts to gather comprehensive data and to actively share and disseminate data among those agencies responsible for making informed decisions regarding the treatment, care, security, and protection of children within this state. (2) The General Assembly finds that the sharing and integration of appropriate data and information may have numerous benefits for children and families in this state, as well as for the state and local agencies attempting to provide services for them. (3) The General Assembly finds that such data sharing and integration can serve the best interests of the child and the family, contribute to higher levels of effectiveness in service delivery, provide greater efficiency and productivity, and assist in the protection of children. Specifically, such data sharing and integration can reduce redundant data entry, expedite data sharing between agencies, provide for more timely service delivery, ensure more accurate and up-to-date information, assist in the development of a seamless system of services, and contribute to better performance and greater accountability by all involved parties. (4) The General Assembly finds that the goals and purposes of this chapter, including the goal to develop a seamless system of services for children and their families, would be furthered by the development of a central repository of data for planning and evaluation purposes and urges the agencies to work toward the development of such a central repository.

(a)(1) In an effort to improve the availability and quality of programs and services for the protection of children and youth, the General Assembly supports interagency efforts to gather comprehensive data and to actively share and disseminate data among those agencies responsible for making informed decisions regarding the treatment, care, security, and protection of children within this state.

(a)(1) In an effort to improve the availability and quality of programs and services for the protection of children and youth, the General Assembly supports interagency efforts to gather comprehensive data and to actively share and disseminate data among those agencies responsible for making informed decisions regarding the treatment, care, security, and protection of children within this state.

(2) The General Assembly finds that the sharing and integration of appropriate data and information may have numerous benefits for children and families in this state, as well as for the state and local agencies attempting to provide services for them.

(2) The General Assembly finds that the sharing and integration of appropriate data and information may have numerous benefits for children and families in this state, as well as for the state and local agencies attempting to provide services for them.

(3) The General Assembly finds that such data sharing and integration can serve the best interests of the child and the family, contribute to higher levels of effectiveness in service delivery, provide greater efficiency and productivity, and assist in the protection of children. Specifically, such data sharing and integration can reduce redundant data entry, expedite data sharing between agencies, provide for more timely service delivery, ensure more accurate and up-to-date information, assist in the development of a seamless system of services, and contribute to better performance and greater accountability by all involved parties.

(3) The General Assembly finds that such data sharing and integration can serve the best interests of the child and the family, contribute to higher levels of effectiveness in service delivery, provide greater efficiency and productivity, and assist in the protection of children. Specifically, such data sharing and integration can reduce redundant data entry, expedite data sharing between agencies, provide for more timely service delivery, ensure more accurate and up-to-date information, assist in the development of a seamless system of services, and contribute to better performance and greater accountability by all involved parties.

(4) The General Assembly finds that the goals and purposes of this chapter, including the goal to develop a seamless system of services for children and their families, would be furthered by the development of a central repository of data for planning and evaluation purposes and urges the agencies to work toward the development of such a central repository.

(4) The General Assembly finds that the goals and purposes of this chapter, including the goal to develop a seamless system of services for children and their families, would be furthered by the development of a central repository of data for planning and evaluation purposes and urges the agencies to work toward the development of such a central repository.

(b) No later than October 1, 2024, the department, working with the following agencies, shall develop and implement a workable state-wide system for sharing data relating to the care and protection of children between such agencies, utilizing existing state-wide data bases and data delivery systems to the greatest extent possible, to streamline access to such data: (1) Division of Family and Children Services of the department; (2) Department of Early Care and Learning; (3) Department of Community Health; (4) Department of Public Health; (5) Department of Behavioral Health and Developmental Disabilities; (6) Department of Juvenile Justice; (7) Department of Education; and (8) Georgia Crime Information Center. Each such agency shall provide information in written or electronic format as may be requested by the department.

(b) No later than October 1, 2024, the department, working with the following agencies, shall develop and implement a workable state-wide system for sharing data relating to the care and protection of children between such agencies, utilizing existing state-wide data bases and data delivery systems to the greatest extent possible, to streamline access to such data:

(1) Division of Family and Children Services of the department;

(1) Division of Family and Children Services of the department;

(2) Department of Early Care and Learning;

(2) Department of Early Care and Learning;

(3) Department of Community Health;

(3) Department of Community Health;

(4) Department of Public Health;

(4) Department of Public Health;

(5) Department of Behavioral Health and Developmental Disabilities;

(5) Department of Behavioral Health and Developmental Disabilities;

(6) Department of Juvenile Justice;

(6) Department of Juvenile Justice;

(7) Department of Education; and

(7) Department of Education; and

(8) Georgia Crime Information Center.

(8) Georgia Crime Information Center.

Each such agency shall provide information in written or electronic format as may be requested by the department.

(c) The department, working with such agencies, shall establish an interagency data protocol to enable each agency to accurately and efficiently collect and share data with the other agencies in the most effective and expeditious manner. The interagency data protocol shall: (1) Include protocols and procedures to be used by agencies in data processing, including but not limited to collecting, storing, manipulating, sharing, retrieving, and releasing data; (2) Delineate the specific data to be shared among all or specified agencies, the person or persons authorized by each agency to have access to another agency's data, and the security arrangements between agencies to ensure the protection of the data from unauthorized access that may threaten the privacy of persons and the confidentiality of the data; (3) Establish the circumstances under which and the reasons for which an agency may share information with another agency, with a local political subdivision, with a nongovernmental entity, or with an individual; and (4) Ensure compliance with all state and federal laws and regulations concerning the privacy of information, including but not limited to the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g , and the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section 1320d to 1320d-9 .

(c) The department, working with such agencies, shall establish an interagency data protocol to enable each agency to accurately and efficiently collect and share data with the other agencies in the most effective and expeditious manner. The interagency data protocol shall:

(1) Include protocols and procedures to be used by agencies in data processing, including but not limited to collecting, storing, manipulating, sharing, retrieving, and releasing data;

(1) Include protocols and procedures to be used by agencies in data processing, including but not limited to collecting, storing, manipulating, sharing, retrieving, and releasing data;

(2) Delineate the specific data to be shared among all or specified agencies, the person or persons authorized by each agency to have access to another agency's data, and the security arrangements between agencies to ensure the protection of the data from unauthorized access that may threaten the privacy of persons and the confidentiality of the data;

(2) Delineate the specific data to be shared among all or specified agencies, the person or persons authorized by each agency to have access to another agency's data, and the security arrangements between agencies to ensure the protection of the data from unauthorized access that may threaten the privacy of persons and the confidentiality of the data;

(3) Establish the circumstances under which and the reasons for which an agency may share information with another agency, with a local political subdivision, with a nongovernmental entity, or with an individual; and

(3) Establish the circumstances under which and the reasons for which an agency may share information with another agency, with a local political subdivision, with a nongovernmental entity, or with an individual; and

(4) Ensure compliance with all state and federal laws and regulations concerning the privacy of information, including but not limited to the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g , and the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section 1320d to 1320d-9 .

(4) Ensure compliance with all state and federal laws and regulations concerning the privacy of information, including but not limited to the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g , and the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section 1320d to 1320d-9 .

(d) To further delineate the parameters for the sharing of data with one or more agencies, specific interagency agreements may be executed between or among agencies.

(d) To further delineate the parameters for the sharing of data with one or more agencies, specific interagency agreements may be executed between or among agencies.

(e) If a federal law or regulation impedes necessary data sharing between agencies, the appropriate agency or agencies shall make all reasonable attempts to be granted a waiver or exemption from the applicable law or regulation.

(e) If a federal law or regulation impedes necessary data sharing between agencies, the appropriate agency or agencies shall make all reasonable attempts to be granted a waiver or exemption from the applicable law or regulation.

(f) The Department of Human Services and any of the agencies in subsection (b) of this Code section may apprise chairpersons of the appropriate committees of the General Assembly of the need for any legislative action necessary to facilitate or improve data sharing between agencies for the purposes of this Code section.

(f) The Department of Human Services and any of the agencies in subsection (b) of this Code section may apprise chairpersons of the appropriate committees of the General Assembly of the need for any legislative action necessary to facilitate or improve data sharing between agencies for the purposes of this Code section.

(g)(1) Notwithstanding any provision to the contrary, nothing in this Code section shall be construed to nullify any memorandum of understanding existing as of June 30, 2015, or prohibit the creation of memorandums of understanding on and after July 1, 2015, between or among agencies concerning data sharing or any other data sharing practices. (2) Notwithstanding any provision to the contrary, nothing in this Code section shall prohibit the release to or sharing of data with nongovernmental entities or individuals if the release or sharing is otherwise required, permitted, or allowed pursuant to state or federal law.

(g)(1) Notwithstanding any provision to the contrary, nothing in this Code section shall be construed to nullify any memorandum of understanding existing as of June 30, 2015, or prohibit the creation of memorandums of understanding on and after July 1, 2015, between or among agencies concerning data sharing or any other data sharing practices.

(g)(1) Notwithstanding any provision to the contrary, nothing in this Code section shall be construed to nullify any memorandum of understanding existing as of June 30, 2015, or prohibit the creation of memorandums of understanding on and after July 1, 2015, between or among agencies concerning data sharing or any other data sharing practices.

(2) Notwithstanding any provision to the contrary, nothing in this Code section shall prohibit the release to or sharing of data with nongovernmental entities or individuals if the release or sharing is otherwise required, permitted, or allowed pursuant to state or federal law.

(2) Notwithstanding any provision to the contrary, nothing in this Code section shall prohibit the release to or sharing of data with nongovernmental entities or individuals if the release or sharing is otherwise required, permitted, or allowed pursuant to state or federal law.
O.C.G.A. § 49-6-92 — GA Code / Title 49 / Chapter 6 / Section 49-6-92
Georgia Code Title 49. Social Services § 49-6-92
Status: in_force

(a) There is established the Georgia Alzheimer's and Related Dementias State Plan Advisory Council which shall consist of the following members: (1) Eleven individuals are standing members due to their position in government agency, organization, or elected office: (A) The commissioner of human services or his or her designee; (B) The director of the Division of Aging Services; (C) The president of the Georgia Association of Area Agencies on Aging or his or her designee; (D) The commissioner of community health or his or her designee; (E) The commissioner of public health or his or her designee; (F) The commissioner of behavioral health and developmental disabilities or his or her designee; (G) The chairperson of the Senate Health and Human Services Committee or his or her designee; (H) The chairperson of the House Committee on Health and Human Services or his or her designee; (I) The chairperson of the House Committee on Human Relations and Aging or his or her designee; (J) A representative of the Georgia Chapter of the Alzheimer's Association; and (K) A representative of the Georgia Council on Aging. (2) The Governor shall appoint one individual from around the state in each topical area below, chosen for his or her expertise or experience in one of the following six specific fields: (A) A provider of residential, health care, or personal care services to those living with dementia; (B) A social gerontologist or clinical researcher in an education or clinical setting with expertise in dementia; (C) An advocate with a not-for-profit or state agency whose role is to improve services for older adults or those living with dementia; (D) A medical professional with an active practice specializing in geriatrics, neurology, or other field closely related to dementia; (E) A caregiver, current or past, for a family member with dementia who has experience navigating health care service options; and (F) A person who has been diagnosed with dementia.

(a) There is established the Georgia Alzheimer's and Related Dementias State Plan Advisory Council which shall consist of the following members:

(1) Eleven individuals are standing members due to their position in government agency, organization, or elected office: (A) The commissioner of human services or his or her designee; (B) The director of the Division of Aging Services; (C) The president of the Georgia Association of Area Agencies on Aging or his or her designee; (D) The commissioner of community health or his or her designee; (E) The commissioner of public health or his or her designee; (F) The commissioner of behavioral health and developmental disabilities or his or her designee; (G) The chairperson of the Senate Health and Human Services Committee or his or her designee; (H) The chairperson of the House Committee on Health and Human Services or his or her designee; (I) The chairperson of the House Committee on Human Relations and Aging or his or her designee; (J) A representative of the Georgia Chapter of the Alzheimer's Association; and (K) A representative of the Georgia Council on Aging.

(1) Eleven individuals are standing members due to their position in government agency, organization, or elected office:

(A) The commissioner of human services or his or her designee;

(A) The commissioner of human services or his or her designee;

(B) The director of the Division of Aging Services;

(B) The director of the Division of Aging Services;

(C) The president of the Georgia Association of Area Agencies on Aging or his or her designee;

(C) The president of the Georgia Association of Area Agencies on Aging or his or her designee;

(D) The commissioner of community health or his or her designee;

(D) The commissioner of community health or his or her designee;

(E) The commissioner of public health or his or her designee;

(E) The commissioner of public health or his or her designee;

(F) The commissioner of behavioral health and developmental disabilities or his or her designee;

(F) The commissioner of behavioral health and developmental disabilities or his or her designee;

(G) The chairperson of the Senate Health and Human Services Committee or his or her designee;

(G) The chairperson of the Senate Health and Human Services Committee or his or her designee;

(H) The chairperson of the House Committee on Health and Human Services or his or her designee;

(H) The chairperson of the House Committee on Health and Human Services or his or her designee;

(I) The chairperson of the House Committee on Human Relations and Aging or his or her designee;

(I) The chairperson of the House Committee on Human Relations and Aging or his or her designee;

(J) A representative of the Georgia Chapter of the Alzheimer's Association; and

(J) A representative of the Georgia Chapter of the Alzheimer's Association; and

(K) A representative of the Georgia Council on Aging.

(K) A representative of the Georgia Council on Aging.

(2) The Governor shall appoint one individual from around the state in each topical area below, chosen for his or her expertise or experience in one of the following six specific fields: (A) A provider of residential, health care, or personal care services to those living with dementia; (B) A social gerontologist or clinical researcher in an education or clinical setting with expertise in dementia; (C) An advocate with a not-for-profit or state agency whose role is to improve services for older adults or those living with dementia; (D) A medical professional with an active practice specializing in geriatrics, neurology, or other field closely related to dementia; (E) A caregiver, current or past, for a family member with dementia who has experience navigating health care service options; and (F) A person who has been diagnosed with dementia.

(2) The Governor shall appoint one individual from around the state in each topical area below, chosen for his or her expertise or experience in one of the following six specific fields:

(A) A provider of residential, health care, or personal care services to those living with dementia;

(A) A provider of residential, health care, or personal care services to those living with dementia;

(B) A social gerontologist or clinical researcher in an education or clinical setting with expertise in dementia;

(B) A social gerontologist or clinical researcher in an education or clinical setting with expertise in dementia;

(C) An advocate with a not-for-profit or state agency whose role is to improve services for older adults or those living with dementia;

(C) An advocate with a not-for-profit or state agency whose role is to improve services for older adults or those living with dementia;

(D) A medical professional with an active practice specializing in geriatrics, neurology, or other field closely related to dementia;

(D) A medical professional with an active practice specializing in geriatrics, neurology, or other field closely related to dementia;

(E) A caregiver, current or past, for a family member with dementia who has experience navigating health care service options; and

(E) A caregiver, current or past, for a family member with dementia who has experience navigating health care service options; and

(F) A person who has been diagnosed with dementia.

(F) A person who has been diagnosed with dementia.

(b) The advisory council shall serve in an advisory capacity to the Governor, the General Assembly, the Department of Human Services, and all other state agencies on matters relating to the Georgia Alzheimer's and Related Dementias State Plan. The advisory council shall review and make recommendations regarding progress toward the goals of the state plan and on progress in implementing resources and services to serve individuals with dementia related diseases around Georgia in the future. Such review and recommendations shall include, but not be limited to, the following: (1) Selecting current priorities for state plan work groups to focus on; (2) Examining the current laws, rules and regulations, and policies of the various agencies that interact with services for individuals with dementia and making recommendations to improve the navigation of and provision of care services for those with dementia and their caregivers; (3) Proposing legislative or administrative changes to policies and programs needed for furtherance of the state plan; (4) Examining state and federal funding into the areas of the state plan and reviewing how to work interdisciplinarily to ensure the most efficient and effective use of available resources; (5) Locating and assisting departments or partner agencies in applying for new funding sources and new opportunities in furtherance of the goals of the state plan; and (6) Amending the state plan at least every three years and submitting the amended state plan to the Governor for authorization.

(b) The advisory council shall serve in an advisory capacity to the Governor, the General Assembly, the Department of Human Services, and all other state agencies on matters relating to the Georgia Alzheimer's and Related Dementias State Plan. The advisory council shall review and make recommendations regarding progress toward the goals of the state plan and on progress in implementing resources and services to serve individuals with dementia related diseases around Georgia in the future. Such review and recommendations shall include, but not be limited to, the following:

(1) Selecting current priorities for state plan work groups to focus on;

(1) Selecting current priorities for state plan work groups to focus on;

(2) Examining the current laws, rules and regulations, and policies of the various agencies that interact with services for individuals with dementia and making recommendations to improve the navigation of and provision of care services for those with dementia and their caregivers;

(2) Examining the current laws, rules and regulations, and policies of the various agencies that interact with services for individuals with dementia and making recommendations to improve the navigation of and provision of care services for those with dementia and their caregivers;

(3) Proposing legislative or administrative changes to policies and programs needed for furtherance of the state plan;

(3) Proposing legislative or administrative changes to policies and programs needed for furtherance of the state plan;

(4) Examining state and federal funding into the areas of the state plan and reviewing how to work interdisciplinarily to ensure the most efficient and effective use of available resources;

(4) Examining state and federal funding into the areas of the state plan and reviewing how to work interdisciplinarily to ensure the most efficient and effective use of available resources;

(5) Locating and assisting departments or partner agencies in applying for new funding sources and new opportunities in furtherance of the goals of the state plan; and

(5) Locating and assisting departments or partner agencies in applying for new funding sources and new opportunities in furtherance of the goals of the state plan; and

(6) Amending the state plan at least every three years and submitting the amended state plan to the Governor for authorization.

(6) Amending the state plan at least every three years and submitting the amended state plan to the Governor for authorization.

(c) The advisory council shall annually elect a chairperson and vice chairperson from among its membership. The advisory council may elect such other officers and establish committees as it considers appropriate. Until a chairperson and vice chairperson are elected or if the chairperson or vice chairperson is unavailable, the director of the Division of Aging Services shall serve temporarily in that role until a new election can be held by the advisory council. The advisory council shall create and vote on bylaws and policies as needed.

(c) The advisory council shall annually elect a chairperson and vice chairperson from among its membership. The advisory council may elect such other officers and establish committees as it considers appropriate. Until a chairperson and vice chairperson are elected or if the chairperson or vice chairperson is unavailable, the director of the Division of Aging Services shall serve temporarily in that role until a new election can be held by the advisory council. The advisory council shall create and vote on bylaws and policies as needed.

(d) The terms of those individuals appointed by the Governor pursuant to paragraph (2) of subsection (a) of this Code section shall serve for an appointment of two years, with the exception of the first year of existence of the advisory council. For the purpose of staggering term appointments, in the first appointment of the individuals in paragraph (2) of subsection (a) of this Code section, the Governor shall appoint three appointees for a one-year first term and three appointees for a two-year first term. All subsequent appointments or reappointments shall be for terms of two years. If an appointee resigns or is otherwise unable to complete the appointed term, the Governor shall appoint a new individual whose expertise or experience satisfies the vacated position within 90 days.

(d) The terms of those individuals appointed by the Governor pursuant to paragraph (2) of subsection (a) of this Code section shall serve for an appointment of two years, with the exception of the first year of existence of the advisory council. For the purpose of staggering term appointments, in the first appointment of the individuals in paragraph (2) of subsection (a) of this Code section, the Governor shall appoint three appointees for a one-year first term and three appointees for a two-year first term. All subsequent appointments or reappointments shall be for terms of two years. If an appointee resigns or is otherwise unable to complete the appointed term, the Governor shall appoint a new individual whose expertise or experience satisfies the vacated position within 90 days.

(e) The advisory council shall meet at least quarterly and at such additional times as it shall determine necessary to perform its duties. The advisory council shall also meet on the call of the chairperson, the vice chairperson, the commissioner, or the Governor. All meetings shall contain updates from each work group and presentations on any developed proposals for furtherance of the state plan goals. At or before the summer quarterly meeting, the advisory council shall take a formal vote on any proposals or recommendations under consideration.

(e) The advisory council shall meet at least quarterly and at such additional times as it shall determine necessary to perform its duties. The advisory council shall also meet on the call of the chairperson, the vice chairperson, the commissioner, or the Governor. All meetings shall contain updates from each work group and presentations on any developed proposals for furtherance of the state plan goals. At or before the summer quarterly meeting, the advisory council shall take a formal vote on any proposals or recommendations under consideration.

(f) Starting on January 1, 2019, and repeating every three years after that date, the advisory council shall submit to the Governor for his or her approval and thereafter make available to the General Assembly a report on the work of the advisory council. This report shall include a summary of the progress report toward implementation of the state plan and recommendations for amendments to the state plan. If the advisory council determines that amendments need to be made to the state plan, an amended Georgia Alzheimer's and Related Dementias State Plan may be presented to the Governor for review and approval.

(f) Starting on January 1, 2019, and repeating every three years after that date, the advisory council shall submit to the Governor for his or her approval and thereafter make available to the General Assembly a report on the work of the advisory council. This report shall include a summary of the progress report toward implementation of the state plan and recommendations for amendments to the state plan. If the advisory council determines that amendments need to be made to the state plan, an amended Georgia Alzheimer's and Related Dementias State Plan may be presented to the Governor for review and approval.

(g) The department shall staff a position for the Georgia Alzheimer's and Related Dementias State Plan; such position shall be the state plan coordinator. The state plan coordinator shall assist the chairperson and advisory council on council related activities, coordinating the advisory council meetings, and coordinating and serving as a liaison between the work groups and the advisory council, and other associated duties as assigned by the department. The state plan coordinator shall ensure that the progress report is published pursuant to subsection (f) of this Code section.

(g) The department shall staff a position for the Georgia Alzheimer's and Related Dementias State Plan; such position shall be the state plan coordinator. The state plan coordinator shall assist the chairperson and advisory council on council related activities, coordinating the advisory council meetings, and coordinating and serving as a liaison between the work groups and the advisory council, and other associated duties as assigned by the department. The state plan coordinator shall ensure that the progress report is published pursuant to subsection (f) of this Code section.

(h) The advisory council members shall serve in one or more of the Georgia Alzheimer's and Related Dementias State Plan work groups as described in the goals of the state plan. These work groups are to be composed of volunteers and individuals interested in dementia and shall meet between the quarterly meetings to develop the priorities from paragraph (1) of subsection (b) of this Code section to present recommendations to the full advisory council at its quarterly meetings.

(h) The advisory council members shall serve in one or more of the Georgia Alzheimer's and Related Dementias State Plan work groups as described in the goals of the state plan. These work groups are to be composed of volunteers and individuals interested in dementia and shall meet between the quarterly meetings to develop the priorities from paragraph (1) of subsection (b) of this Code section to present recommendations to the full advisory council at its quarterly meetings.

(i) Members shall serve without compensation, although each member of the advisory council shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the advisory council; provided, however, that any legislative member shall receive the allowances authorized by law for legislative members of interim legislative committees and any members who are state employees shall be reimbursed for expenses incurred by them in the same manner as they are reimbursed for expenses in their capacities as state employees.

(i) Members shall serve without compensation, although each member of the advisory council shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the advisory council; provided, however, that any legislative member shall receive the allowances authorized by law for legislative members of interim legislative committees and any members who are state employees shall be reimbursed for expenses incurred by them in the same manner as they are reimbursed for expenses in their capacities as state employees.
O.C.G.A. § 49-4-13 — GA Code / Title 49 / Chapter 4 / Section 49-4-13
Georgia Code Title 49. Social Services § 49-4-13
Status: in_force

(a) Except as provided in subsection (b) of this Code section, an applicant for or recipient of public assistance who is aggrieved by the action or inaction of the department, including any county department of family and children services, shall be entitled to a hearing. Each applicant or recipient shall be notified of his or her right to a hearing. Upon request for such hearing, reasonable notice of the time and place thereof shall be given to such applicant or recipient. Such hearing shall be conducted by the Office of State Administrative Hearings in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” the rules and regulations of the Office of State Administrative Hearings, and the rules and regulations prescribed by the board. The decision of the commissioner on any appeal shall be final, subject to the right to judicial review of contested cases under Chapter 13 of Title 50.

(a) Except as provided in subsection (b) of this Code section, an applicant for or recipient of public assistance who is aggrieved by the action or inaction of the department, including any county department of family and children services, shall be entitled to a hearing. Each applicant or recipient shall be notified of his or her right to a hearing. Upon request for such hearing, reasonable notice of the time and place thereof shall be given to such applicant or recipient. Such hearing shall be conducted by the Office of State Administrative Hearings in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” the rules and regulations of the Office of State Administrative Hearings, and the rules and regulations prescribed by the board. The decision of the commissioner on any appeal shall be final, subject to the right to judicial review of contested cases under Chapter 13 of Title 50.

(b) An applicant for or recipient of assistance under Article 9 of this chapter, the “Temporary Assistance for Needy Families Act,” shall be authorized to request and receive a hearing to challenge any denial, reduction, or termination of assistance based upon any action by the department, including any county department of family and children services. Nothing contained in this subsection shall operate to create an entitlement to the receipt of assistance under the TANF program.

(b) An applicant for or recipient of assistance under Article 9 of this chapter, the “Temporary Assistance for Needy Families Act,” shall be authorized to request and receive a hearing to challenge any denial, reduction, or termination of assistance based upon any action by the department, including any county department of family and children services. Nothing contained in this subsection shall operate to create an entitlement to the receipt of assistance under the TANF program.
O.C.G.A. § 49-5-12-2 — GA Code / Title 49 / Chapter 5 / Section 49-5-12-2
Georgia Code Title 49. Social Services § 49-5-12.2
Status: in_force

Any caregiver or other entity under contract with the department shall be immune from civil liability as a result of a caregiver's approval of the participation of a child, who is in the custody of the department, in an age or developmentally appropriate activity, so long as such caregiver or other entity under contract with the department acts in accordance with the reasonable and prudent parent standard. No provision in any agreement between the department and a caregiver or an entity under contract with the department shall diminish the standard of care provided in this Code section.
O.C.G.A. § 49-7-4 — GA Code / Title 49 / Chapter 7 / Section 49-7-4
Georgia Code Title 49. Social Services § 49-7-4
Status: in_force

Agencies may support family-planning services at no cost to the recipients of such services in accordance with rules and regulations of said agencies.
O.C.G.A. § 49-6-73 — GA Code / Title 49 / Chapter 6 / Section 49-6-73
Georgia Code Title 49. Social Services § 49-6-73
Status: in_force

(a) The persons to be served under this article are primary caregivers who provide continuous care to a functionally dependent older adult or other adult suffering from dementia, such as Alzheimer's disease.

(a) The persons to be served under this article are primary caregivers who provide continuous care to a functionally dependent older adult or other adult suffering from dementia, such as Alzheimer's disease.

(b) The department shall develop operating procedures and guidelines and shall contract with or through area agencies on aging to provide benefits set forth in this article. The department may also contract with other support centers or service providers directly, where such service is provided on a state-wide basis or where necessary or appropriate. The department shall have the authority to develop criteria through regulation relating to eligibility for primary caregivers to receive assistance pursuant to this article.

(b) The department shall develop operating procedures and guidelines and shall contract with or through area agencies on aging to provide benefits set forth in this article. The department may also contract with other support centers or service providers directly, where such service is provided on a state-wide basis or where necessary or appropriate. The department shall have the authority to develop criteria through regulation relating to eligibility for primary caregivers to receive assistance pursuant to this article.

(c) The department shall identify supportive services which are directly related to the provision of care to a functionally dependent older adult or other adult suffering from dementia. Supportive services include, but are not limited to: (1) Benefits counseling and caregiver counseling, education, and training; (2) Reimbursement to primary caregivers whose households financially qualify for assistance pursuant to Code Section 49-6-74 and as developed by regulation of the department for expenses incurred in obtaining day or night respite care services, transportation to respite care service locations, or other supportive services defined by regulation, and consumable supplies such as incontinence pads; and (3) Reimbursement to primary caregivers whose households financially qualify for assistance pursuant to Code Section 49-6-74 and as developed by regulation for expenses incurred in obtaining home modifications or assistive devices, as approved by the department, such as grab bars, safety devices, and wheelchair ramps, which help the functionally dependent older adult or adult suffering from dementia carry out tasks required for daily living.

(c) The department shall identify supportive services which are directly related to the provision of care to a functionally dependent older adult or other adult suffering from dementia. Supportive services include, but are not limited to:

(1) Benefits counseling and caregiver counseling, education, and training;

(1) Benefits counseling and caregiver counseling, education, and training;

(2) Reimbursement to primary caregivers whose households financially qualify for assistance pursuant to Code Section 49-6-74 and as developed by regulation of the department for expenses incurred in obtaining day or night respite care services, transportation to respite care service locations, or other supportive services defined by regulation, and consumable supplies such as incontinence pads; and

(2) Reimbursement to primary caregivers whose households financially qualify for assistance pursuant to Code Section 49-6-74 and as developed by regulation of the department for expenses incurred in obtaining day or night respite care services, transportation to respite care service locations, or other supportive services defined by regulation, and consumable supplies such as incontinence pads; and

(3) Reimbursement to primary caregivers whose households financially qualify for assistance pursuant to Code Section 49-6-74 and as developed by regulation for expenses incurred in obtaining home modifications or assistive devices, as approved by the department, such as grab bars, safety devices, and wheelchair ramps, which help the functionally dependent older adult or adult suffering from dementia carry out tasks required for daily living.

(3) Reimbursement to primary caregivers whose households financially qualify for assistance pursuant to Code Section 49-6-74 and as developed by regulation for expenses incurred in obtaining home modifications or assistive devices, as approved by the department, such as grab bars, safety devices, and wheelchair ramps, which help the functionally dependent older adult or adult suffering from dementia carry out tasks required for daily living.
O.C.G.A. § 49-5-132 — GA Code / Title 49 / Chapter 5 / Section 49-5-132
Georgia Code Title 49. Social Services § 49-5-132
Status: in_force

(a) There is established the Governor's Office for Children and Families which shall be assigned to the Department of Human Services for administrative purposes.

(a) There is established the Governor's Office for Children and Families which shall be assigned to the Department of Human Services for administrative purposes.

(b) The office shall be the successor entity to the Children and Youth Coordinating Council and to the Children's Trust Fund Commission and shall assume the continuing responsibilities, duties, rights, staff, contracts, debts, liabilities, and authorities of those bodies, any law to the contrary notwithstanding.

(b) The office shall be the successor entity to the Children and Youth Coordinating Council and to the Children's Trust Fund Commission and shall assume the continuing responsibilities, duties, rights, staff, contracts, debts, liabilities, and authorities of those bodies, any law to the contrary notwithstanding.

(c) The office may accept federal funds granted by Congress or executive order for the purposes of the fund as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All funds received in the manner described in this Code section shall be transmitted to the state treasurer for deposit in the fund to be disbursed as other moneys in such fund.

(c) The office may accept federal funds granted by Congress or executive order for the purposes of the fund as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All funds received in the manner described in this Code section shall be transmitted to the state treasurer for deposit in the fund to be disbursed as other moneys in such fund.

(d) The office is further vested with authority to carry out the following duties and responsibilities in consultation with the board: (1) To carry out the prevention and community based service programs as provided for in Part 2 of this article; (2) To carry out the duties relating to mentoring as provided for in Part 3 of this article; (3) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article; (4) To prepare, publish in print or electronically, and disseminate fundamental child related information of a descriptive and analytical nature to all components of the children's service system of this state, including, but not limited to, the juvenile justice system; (5) To serve as a state-wide clearing-house for child related information and research; (6) In coordination and cooperation with all components of the children's service systems of this state, to develop legislative proposals and executive policy proposals reflective of the priorities of the entire child related systems of this state, including, but not limited to, child abuse injury prevention, treatment, and juvenile justice systems; (7) To serve in an advisory capacity to the Governor on issues impacting the children's service systems of this state; (8) To coordinate high visibility child related research projects and studies with a state-wide impact when those studies and projects cross traditional system component lines; (9) To provide for the interaction, communication, and coordination of all components of the children's service systems of this state and to provide assistance in establishing state-wide goals and standards in the system; (10) To provide for the effective coordination and communication between providers of children and youth services, including pediatrics, health, mental health, business and industry, and all components of social services, education, and educational services; (11) To encourage and facilitate the establishment of local commissions or coalitions on children and youth and to facilitate the involvement of communities in providing services for their children and youth; (12) To review and develop an integrated state plan for services provided to children and youth in this state through state programs; (13) To provide technical assistance and consultation to members of the council and local governments, particularly those involved in providing services to their children and youth; (14) To facilitate elimination of unnecessary or duplicative efforts, programs, and services; and (15) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it.

(d) The office is further vested with authority to carry out the following duties and responsibilities in consultation with the board:

(1) To carry out the prevention and community based service programs as provided for in Part 2 of this article;

(1) To carry out the prevention and community based service programs as provided for in Part 2 of this article;

(2) To carry out the duties relating to mentoring as provided for in Part 3 of this article;

(2) To carry out the duties relating to mentoring as provided for in Part 3 of this article;

(3) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article;

(3) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article;

(4) To prepare, publish in print or electronically, and disseminate fundamental child related information of a descriptive and analytical nature to all components of the children's service system of this state, including, but not limited to, the juvenile justice system;

(4) To prepare, publish in print or electronically, and disseminate fundamental child related information of a descriptive and analytical nature to all components of the children's service system of this state, including, but not limited to, the juvenile justice system;

(5) To serve as a state-wide clearing-house for child related information and research;

(5) To serve as a state-wide clearing-house for child related information and research;

(6) In coordination and cooperation with all components of the children's service systems of this state, to develop legislative proposals and executive policy proposals reflective of the priorities of the entire child related systems of this state, including, but not limited to, child abuse injury prevention, treatment, and juvenile justice systems;

(6) In coordination and cooperation with all components of the children's service systems of this state, to develop legislative proposals and executive policy proposals reflective of the priorities of the entire child related systems of this state, including, but not limited to, child abuse injury prevention, treatment, and juvenile justice systems;

(7) To serve in an advisory capacity to the Governor on issues impacting the children's service systems of this state;

(7) To serve in an advisory capacity to the Governor on issues impacting the children's service systems of this state;

(8) To coordinate high visibility child related research projects and studies with a state-wide impact when those studies and projects cross traditional system component lines;

(8) To coordinate high visibility child related research projects and studies with a state-wide impact when those studies and projects cross traditional system component lines;

(9) To provide for the interaction, communication, and coordination of all components of the children's service systems of this state and to provide assistance in establishing state-wide goals and standards in the system;

(9) To provide for the interaction, communication, and coordination of all components of the children's service systems of this state and to provide assistance in establishing state-wide goals and standards in the system;

(10) To provide for the effective coordination and communication between providers of children and youth services, including pediatrics, health, mental health, business and industry, and all components of social services, education, and educational services;

(10) To provide for the effective coordination and communication between providers of children and youth services, including pediatrics, health, mental health, business and industry, and all components of social services, education, and educational services;

(11) To encourage and facilitate the establishment of local commissions or coalitions on children and youth and to facilitate the involvement of communities in providing services for their children and youth;

(11) To encourage and facilitate the establishment of local commissions or coalitions on children and youth and to facilitate the involvement of communities in providing services for their children and youth;

(12) To review and develop an integrated state plan for services provided to children and youth in this state through state programs;

(12) To review and develop an integrated state plan for services provided to children and youth in this state through state programs;

(13) To provide technical assistance and consultation to members of the council and local governments, particularly those involved in providing services to their children and youth;

(13) To provide technical assistance and consultation to members of the council and local governments, particularly those involved in providing services to their children and youth;

(14) To facilitate elimination of unnecessary or duplicative efforts, programs, and services; and

(14) To facilitate elimination of unnecessary or duplicative efforts, programs, and services; and

(15) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it.

(15) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it.
O.C.G.A. § 49-5-62 — GA Code / Title 49 / Chapter 5 / Section 49-5-62
Georgia Code Title 49. Social Services § 49-5-62
Status: in_force

(a) Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a preliminary records check for each employee of such facility that is satisfactory. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director received satisfactory state and national fingerprint records check determinations that were satisfactory and each employee received a preliminary records check determination that was satisfactory, or that any employee other than the director whose preliminary records check revealed a criminal record of any kind has either subsequently received state and national fingerprint records check determinations that were satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73 . The department may either perform preliminary records checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each preliminary records check application submitted thereto by the department. Either the department or the appropriate law enforcement agencies may charge reasonable fees for performing preliminary records checks.

(a) Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a preliminary records check for each employee of such facility that is satisfactory. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director received satisfactory state and national fingerprint records check determinations that were satisfactory and each employee received a preliminary records check determination that was satisfactory, or that any employee other than the director whose preliminary records check revealed a criminal record of any kind has either subsequently received state and national fingerprint records check determinations that were satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73 . The department may either perform preliminary records checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each preliminary records check application submitted thereto by the department. Either the department or the appropriate law enforcement agencies may charge reasonable fees for performing preliminary records checks.

(b) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33 , the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention. The time frames set forth in this Code section shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33 .

(b) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33 , the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention. The time frames set forth in this Code section shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33 .
O.C.G.A. § 49-4-159-3 — GA Code / Title 49 / Chapter 4 / Section 49-4-159-3
Georgia Code Title 49. Social Services § 49-4-159.3
Status: in_force

(a) As used in this Code section, the term: (1) “ Biomarker ” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention. Such term includes, but is not limited to, gene mutations, protein expression, known gene-drug interactions for medications, and characteristics of genes. (2) “ Biomarker testing ” means the analysis of a patient's tissue, blood, or other biospecimen for the presence of a biomarker. Such term includes, but is not limited to, single-analyte tests, multiplex panel tests, whole genome sequencing, protein expression, whole exome, and whole transcriptome. (3) “ Consensus statements ” means statements developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure and with a conflict-of-interest policy. Such statements are aimed at specific clinical circumstances and base the statements on the best available evidence for the purpose of optimizing the outcomes of clinical care. (4) “ Nationally recognized clinical practice guidelines ” means evidence based clinical practice guidelines developed by independent organizations or medical professional societies utilizing a transparent methodology and reporting structure and with a conflict-of-interest policy. Such guidelines establish standards of care informed by a systematic review of evidence and an assessment of the benefits and risks of alternative care options and include recommendations intended to optimize patient care.

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

(1) “ Biomarker ” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention. Such term includes, but is not limited to, gene mutations, protein expression, known gene-drug interactions for medications, and characteristics of genes.

(1) “ Biomarker ” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention. Such term includes, but is not limited to, gene mutations, protein expression, known gene-drug interactions for medications, and characteristics of genes.

(2) “ Biomarker testing ” means the analysis of a patient's tissue, blood, or other biospecimen for the presence of a biomarker. Such term includes, but is not limited to, single-analyte tests, multiplex panel tests, whole genome sequencing, protein expression, whole exome, and whole transcriptome.

(2) “ Biomarker testing ” means the analysis of a patient's tissue, blood, or other biospecimen for the presence of a biomarker. Such term includes, but is not limited to, single-analyte tests, multiplex panel tests, whole genome sequencing, protein expression, whole exome, and whole transcriptome.

(3) “ Consensus statements ” means statements developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure and with a conflict-of-interest policy. Such statements are aimed at specific clinical circumstances and base the statements on the best available evidence for the purpose of optimizing the outcomes of clinical care.

(3) “ Consensus statements ” means statements developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure and with a conflict-of-interest policy. Such statements are aimed at specific clinical circumstances and base the statements on the best available evidence for the purpose of optimizing the outcomes of clinical care.

(4) “ Nationally recognized clinical practice guidelines ” means evidence based clinical practice guidelines developed by independent organizations or medical professional societies utilizing a transparent methodology and reporting structure and with a conflict-of-interest policy. Such guidelines establish standards of care informed by a systematic review of evidence and an assessment of the benefits and risks of alternative care options and include recommendations intended to optimize patient care.

(4) “ Nationally recognized clinical practice guidelines ” means evidence based clinical practice guidelines developed by independent organizations or medical professional societies utilizing a transparent methodology and reporting structure and with a conflict-of-interest policy. Such guidelines establish standards of care informed by a systematic review of evidence and an assessment of the benefits and risks of alternative care options and include recommendations intended to optimize patient care.

(b) The department shall provide biomarker testing for Medicaid recipients in accordance with the requirements of this Code section.

(b) The department shall provide biomarker testing for Medicaid recipients in accordance with the requirements of this Code section.

(c) Biomarker testing shall be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee's disease or condition when the testing is supported by medical and scientific evidence, including, but not limited to: (1) A labeled indication for a test that has been approved or cleared by the United States Food and Drug Administration (FDA); (2) An indicated test for an FDA approved drug; (3) A national coverage determination made by the federal Centers for Medicare and Medicaid Services or a local coverage determination made by a medicare administrative contractor; (4) Nationally recognized clinical practice guidelines and consensus statements; or (5) Warnings and precautions on FDA approved drugs.

(c) Biomarker testing shall be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee's disease or condition when the testing is supported by medical and scientific evidence, including, but not limited to:

(1) A labeled indication for a test that has been approved or cleared by the United States Food and Drug Administration (FDA);

(1) A labeled indication for a test that has been approved or cleared by the United States Food and Drug Administration (FDA);

(2) An indicated test for an FDA approved drug;

(2) An indicated test for an FDA approved drug;

(3) A national coverage determination made by the federal Centers for Medicare and Medicaid Services or a local coverage determination made by a medicare administrative contractor;

(3) A national coverage determination made by the federal Centers for Medicare and Medicaid Services or a local coverage determination made by a medicare administrative contractor;

(4) Nationally recognized clinical practice guidelines and consensus statements; or

(4) Nationally recognized clinical practice guidelines and consensus statements; or

(5) Warnings and precautions on FDA approved drugs.

(5) Warnings and precautions on FDA approved drugs.

(d) Care management organizations shall provide biomarker testing as required by this Code section at the same scope, duration, and frequency as the Medicaid program otherwise provides to recipients of medical assistance.

(d) Care management organizations shall provide biomarker testing as required by this Code section at the same scope, duration, and frequency as the Medicaid program otherwise provides to recipients of medical assistance.

(e) A care management organization or its agent shall approve or deny a prior authorization request and notify the recipient and the provider of medical assistance within seven calendar days for nonurgent requests or within 72 hours for urgent requests. If the care management organization or its agent fails to respond in accordance with such time frames, such request shall be deemed approved.

(e) A care management organization or its agent shall approve or deny a prior authorization request and notify the recipient and the provider of medical assistance within seven calendar days for nonurgent requests or within 72 hours for urgent requests. If the care management organization or its agent fails to respond in accordance with such time frames, such request shall be deemed approved.

(f) Recipients of medical assistance, providers of medical assistance, and testing service providers shall be afforded the fair hearing rights provided pursuant to Code Section 49-4-153 or the state plan provided for in Article 13 of Chapter 5 of Title 49 to request an exception to a coverage policy or an adverse utilization review determination by a care management organization or its agent. Such hearing rights shall be made readily accessible on the department's and care management organization's websites.

(f) Recipients of medical assistance, providers of medical assistance, and testing service providers shall be afforded the fair hearing rights provided pursuant to Code Section 49-4-153 or the state plan provided for in Article 13 of Chapter 5 of Title 49 to request an exception to a coverage policy or an adverse utilization review determination by a care management organization or its agent. Such hearing rights shall be made readily accessible on the department's and care management organization's websites.
O.C.G.A. § 49-4-57 — GA Code / Title 49 / Chapter 4 / Section 49-4-57
Georgia Code Title 49. Social Services § 49-4-57
Status: in_force

Supplementary services may be provided by a county department to any applicant or recipient who is in need of treatment either to prevent blindness or to restore his eyesight, whether or not he is blind as defined in subsection (b) of Code Section 49-4-51 , if he is otherwise qualified for assistance under this article. The supplementary services may include necessary traveling and other expenses to receive treatment from a hospital or clinic designated by the department.
O.C.G.A. § 49-4-168-4 — GA Code / Title 49 / Chapter 4 / Section 49-4-168-4
Georgia Code Title 49. Social Services § 49-4-168.4
Status: in_force

(a) Any employee, contractor, or agent shall be entitled to all relief necessary to make such employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by such employee, contractor, agent or associated others in furtherance of a civil action under this Code section or other efforts to stop one or more violations of this article.

(a) Any employee, contractor, or agent shall be entitled to all relief necessary to make such employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by such employee, contractor, agent or associated others in furtherance of a civil action under this Code section or other efforts to stop one or more violations of this article.

(b) Relief under subsection (a) of this Code section shall include reinstatement with the same seniority status that such employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. A civil action under this subsection may be brought in an appropriate court of this state for the relief provided in this Code section.

(b) Relief under subsection (a) of this Code section shall include reinstatement with the same seniority status that such employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. A civil action under this subsection may be brought in an appropriate court of this state for the relief provided in this Code section.

(c) Notwithstanding Code Section 49-4-168.5 , a civil action under this Code section may not be brought more than three years after the date when the discrimination occurred.

(c) Notwithstanding Code Section 49-4-168.5 , a civil action under this Code section may not be brought more than three years after the date when the discrimination occurred.
O.C.G.A. § 49-4-142-2 — GA Code / Title 49 / Chapter 4 / Section 49-4-142-2
Georgia Code Title 49. Social Services § 49-4-142.2
Status: in_force

On and after July 1, 2014, neither the department, the board, nor any other representative of the state shall expand Medicaid eligibility under this article through an increase in the income threshold without prior legislative approval; provided, however, that this shall not apply to any increase resulting from a cost-of-living increase in the federal poverty level. The legislative approval required under this Code section shall be by Act of the General Assembly or the adoption of a joint resolution of the General Assembly.
O.C.G.A. § 49-5-3 — GA Code / Title 49 / Chapter 5 / Section 49-5-3
Georgia Code Title 49. Social Services § 49-5-3
Status: in_force

As used in this article, the term:

(1) “ Age or developmentally appropriate ” means activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group. In the case of a specific child, such term also includes activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.

(1) “ Age or developmentally appropriate ” means activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group. In the case of a specific child, such term also includes activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.

(2) “ Caregiver ” means a foster parent with whom a child in foster care has been placed or a designated official for a child care institution in which a child in foster care has been placed.

(2) “ Caregiver ” means a foster parent with whom a child in foster care has been placed or a designated official for a child care institution in which a child in foster care has been placed.

(3) “ Child-caring institution ” means any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full-time care for children through 18 years of age outside of their own homes, subject to such exceptions as may be provided in rules and regulations of the board.

(3) “ Child-caring institution ” means any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full-time care for children through 18 years of age outside of their own homes, subject to such exceptions as may be provided in rules and regulations of the board.

(4) “ Child-placing agency ” means any institution, society, agency, or facility, whether incorporated or not, which places children in foster homes for temporary care or for adoption.

(4) “ Child-placing agency ” means any institution, society, agency, or facility, whether incorporated or not, which places children in foster homes for temporary care or for adoption.

(5) “ Child welfare and youth services ” means duties and functions authorized or required by this article to be provided by the department with respect to: (A) Establishment and enforcement of standards for social services and facilities for children and youths which supplement or substitute for parental care and supervision for the purpose of preventing or remedying or assisting in the solution of problems which may result in neglect, abuse, exploitation, or delinquency of children and youths; (B) Protecting and caring for dependent children and youths; (C) Protecting and promoting the welfare of children of working mothers; (D) Providing social services to children and youths and their parents and care for children and youths born out of wedlock and their mothers; (E) Promotion of coordination and cooperation among organizations, agencies, and citizen groups in community planning, organization, development, and implementation of such services; and (F) Otherwise protecting and promoting the welfare of children and youths, including the strengthening of their homes where possible or, where needed, the provision of adequate care of children and youths away from their homes in foster family homes or day-care or other child care facilities.

(5) “ Child welfare and youth services ” means duties and functions authorized or required by this article to be provided by the department with respect to:

(A) Establishment and enforcement of standards for social services and facilities for children and youths which supplement or substitute for parental care and supervision for the purpose of preventing or remedying or assisting in the solution of problems which may result in neglect, abuse, exploitation, or delinquency of children and youths;

(A) Establishment and enforcement of standards for social services and facilities for children and youths which supplement or substitute for parental care and supervision for the purpose of preventing or remedying or assisting in the solution of problems which may result in neglect, abuse, exploitation, or delinquency of children and youths;

(B) Protecting and caring for dependent children and youths;

(B) Protecting and caring for dependent children and youths;

(C) Protecting and promoting the welfare of children of working mothers;

(C) Protecting and promoting the welfare of children of working mothers;

(D) Providing social services to children and youths and their parents and care for children and youths born out of wedlock and their mothers;

(D) Providing social services to children and youths and their parents and care for children and youths born out of wedlock and their mothers;

(E) Promotion of coordination and cooperation among organizations, agencies, and citizen groups in community planning, organization, development, and implementation of such services; and

(E) Promotion of coordination and cooperation among organizations, agencies, and citizen groups in community planning, organization, development, and implementation of such services; and

(F) Otherwise protecting and promoting the welfare of children and youths, including the strengthening of their homes where possible or, where needed, the provision of adequate care of children and youths away from their homes in foster family homes or day-care or other child care facilities.

(F) Otherwise protecting and promoting the welfare of children and youths, including the strengthening of their homes where possible or, where needed, the provision of adequate care of children and youths away from their homes in foster family homes or day-care or other child care facilities.

(6) “ Children's transition care center ” means a transition center which provides a temporary, home-like environment for medically fragile children, technology dependent children, and children with special health care needs, up to 21 years of age, who are deemed clinically stable by a physician but dependent on life-sustaining medications, treatments, and equipment and who require assistance with activities of daily living to facilitate transitions from a hospital or other facility to a home or other appropriate setting. Such centers are designated sites that provide child placing services and nursing care, clinical support services, and therapies for short-term stays of one to 14 days and for longer stays of up to 90 days to facilitate transitions of children to homes or other appropriate settings. Extended stays of up to 12 months may be approved by the department by waiver.

(6) “ Children's transition care center ” means a transition center which provides a temporary, home-like environment for medically fragile children, technology dependent children, and children with special health care needs, up to 21 years of age, who are deemed clinically stable by a physician but dependent on life-sustaining medications, treatments, and equipment and who require assistance with activities of daily living to facilitate transitions from a hospital or other facility to a home or other appropriate setting. Such centers are designated sites that provide child placing services and nursing care, clinical support services, and therapies for short-term stays of one to 14 days and for longer stays of up to 90 days to facilitate transitions of children to homes or other appropriate settings. Extended stays of up to 12 months may be approved by the department by waiver.

(7) “ Dependent child or youth ” means any person so adjudged under Chapter 11 of Title 15.

(7) “ Dependent child or youth ” means any person so adjudged under Chapter 11 of Title 15.

(8) “ Group-care facility ” means a place providing care for groups of children and youths, other than a foster family home.

(8) “ Group-care facility ” means a place providing care for groups of children and youths, other than a foster family home.

(9) “ Homemaker service ” means a service provided by a woman selected for her skills in the care of children and home management and placed in a home to help maintain and preserve the family life during the absence or incapacity of the mother.

(9) “ Homemaker service ” means a service provided by a woman selected for her skills in the care of children and home management and placed in a home to help maintain and preserve the family life during the absence or incapacity of the mother.

(10) “ In loco parentis ” means a quasi-parental relationship inferred from and implied by the fact that a child or youth has been taken into a family and treated like any other member thereof, unless an express contract exists to the contrary.

(10) “ In loco parentis ” means a quasi-parental relationship inferred from and implied by the fact that a child or youth has been taken into a family and treated like any other member thereof, unless an express contract exists to the contrary.

(11) “ Legal custody ” means a legal status created by court order embodying the following rights and responsibilities: (A) The right to have the physical possession of the child; (B) The right and the duty to protect, train, and discipline the child; (C) The responsibility to provide the child with food, clothing, shelter, education, and ordinary medical care; and (D) The right to determine where and with whom the child shall live,

(11) “ Legal custody ” means a legal status created by court order embodying the following rights and responsibilities:

(A) The right to have the physical possession of the child;

(A) The right to have the physical possession of the child;

(B) The right and the duty to protect, train, and discipline the child;

(B) The right and the duty to protect, train, and discipline the child;

(C) The responsibility to provide the child with food, clothing, shelter, education, and ordinary medical care; and

(C) The responsibility to provide the child with food, clothing, shelter, education, and ordinary medical care; and

(D) The right to determine where and with whom the child shall live,

(D) The right to determine where and with whom the child shall live,

provided that these rights and responsibilities shall be exercised subject to the powers, rights, duties, and responsibilities of the guardian of the person of the child and subject to any residual parental rights and responsibilities. These rights shall be subject to judicial oversight and review pursuant to Code Section 15-11-212 .

(12) “ Maintenance ” means all general expenses for care such as board; shelter; clothing; medical, dental, and hospital care; transportation; and other necessary or incidental expenses.

(12) “ Maintenance ” means all general expenses for care such as board; shelter; clothing; medical, dental, and hospital care; transportation; and other necessary or incidental expenses.

(13) “ Maternity home ” means any place in which any person, society, agency, corporation, or facility receives, treats, or cares for, within any six-month period, more than one pregnant woman whose child is to be born out of wedlock, either before, during, or within two weeks after childbirth. This definition shall not include women who receive maternity care in the home of a relative or in general or special hospitals, licensed according to law, in which maternity treatment and care is part of the medical services performed and the care of children is only brief and incidental.

(13) “ Maternity home ” means any place in which any person, society, agency, corporation, or facility receives, treats, or cares for, within any six-month period, more than one pregnant woman whose child is to be born out of wedlock, either before, during, or within two weeks after childbirth. This definition shall not include women who receive maternity care in the home of a relative or in general or special hospitals, licensed according to law, in which maternity treatment and care is part of the medical services performed and the care of children is only brief and incidental.

(13.1) “ Maternity supportive housing residence ” means a residential home that houses on behalf of a nonprofit organization up to six pregnant women aged 18 years or older and their minor children at any one time during the woman's pregnancy and up to 18 months after childbirth; provided, however, that no medical services shall be provided. This term shall not include: (i) a child welfare agency, as defined in Code Section 49-5-12 ; (ii) the residential home of a relative in which a woman receives maternity care; or (iii) a general or special hospital.

(13.1) “ Maternity supportive housing residence ” means a residential home that houses on behalf of a nonprofit organization up to six pregnant women aged 18 years or older and their minor children at any one time during the woman's pregnancy and up to 18 months after childbirth; provided, however, that no medical services shall be provided. This term shall not include: (i) a child welfare agency, as defined in Code Section 49-5-12 ; (ii) the residential home of a relative in which a woman receives maternity care; or (iii) a general or special hospital.

(14) “ Probation ” means a legal status created by court order following adjudication in a delinquency case, whereby a child or youth is permitted to remain in the community, subject to supervision by the court or an agency designated by the court and subject to being returned to court at any time during the period of probation.

(14) “ Probation ” means a legal status created by court order following adjudication in a delinquency case, whereby a child or youth is permitted to remain in the community, subject to supervision by the court or an agency designated by the court and subject to being returned to court at any time during the period of probation.

(15) “ Protective supervision ” means a legal status created by court order following adjudication in a dependency case, whereby a child's place of abode is not changed but assistance directed at correcting the dependency is provided through the court or an agency designated by the court.

(15) “ Protective supervision ” means a legal status created by court order following adjudication in a dependency case, whereby a child's place of abode is not changed but assistance directed at correcting the dependency is provided through the court or an agency designated by the court.

(16) “ Reasonable and prudent parent standard ” means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the department to participate in extracurricular, enrichment, cultural, and social activities.

(16) “ Reasonable and prudent parent standard ” means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the department to participate in extracurricular, enrichment, cultural, and social activities.

(17) “ Shelter ” or “ shelter care ” means temporary care in a nonsecurity or open type of facility.

(17) “ Shelter ” or “ shelter care ” means temporary care in a nonsecurity or open type of facility.
O.C.G.A. § 49-5-280 — GA Code / Title 49 / Chapter 5 / Section 49-5-280
Georgia Code Title 49. Social Services § 49-5-280
Status: in_force

This article shall be known and may be cited as the “Foster Parents Bill of Rights.”
O.C.G.A. § 49-4-58 — GA Code / Title 49 / Chapter 4 / Section 49-4-58
Georgia Code Title 49. Social Services § 49-4-58
Status: in_force

(a) Assistance granted under this article shall not be transferable or assignable at law or in equity; and none of the money paid or payable under this article shall be subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law.

(a) Assistance granted under this article shall not be transferable or assignable at law or in equity; and none of the money paid or payable under this article shall be subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law.

(b) Where a recipient dies after authorization of his assistance grant but before negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the department to the spouse or nearest living relative of the recipient shall be sufficient authorization to the drawee bank to pay such check.

(b) Where a recipient dies after authorization of his assistance grant but before negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the department to the spouse or nearest living relative of the recipient shall be sufficient authorization to the drawee bank to pay such check.
O.C.G.A. § 49-5-44 — GA Code / Title 49 / Chapter 5 / Section 49-5-44
Georgia Code Title 49. Social Services § 49-5-44
Status: in_force

(a) Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41 to have access to such records concerning reports of child abuse declared confidential by Code Section 49-5-40 shall be guilty of a misdemeanor.

(a) Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41 to have access to such records concerning reports of child abuse declared confidential by Code Section 49-5-40 shall be guilty of a misdemeanor.

(b) Any person who knowingly and under false pretense obtains or attempts to obtain records or reports of child abuse declared confidential by Code Section 49-5-40 or information contained therein except as authorized in this article or Code Section 19-7-5 shall be guilty of a misdemeanor.

(b) Any person who knowingly and under false pretense obtains or attempts to obtain records or reports of child abuse declared confidential by Code Section 49-5-40 or information contained therein except as authorized in this article or Code Section 19-7-5 shall be guilty of a misdemeanor.

(c) Records made confidential by Code Section 49-5-40 and information obtained from such records shall not be made a part of any record which is open to the public except that: (1) A district attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse; and (2) The parties in a civil action may use and make public that record or information in the course of a civil action for childhood sexual abuse, as such term is defined in Code Section 9-3-33.1 .

(c) Records made confidential by Code Section 49-5-40 and information obtained from such records shall not be made a part of any record which is open to the public except that:

(1) A district attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse; and

(1) A district attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse; and

(2) The parties in a civil action may use and make public that record or information in the course of a civil action for childhood sexual abuse, as such term is defined in Code Section 9-3-33.1 .

(2) The parties in a civil action may use and make public that record or information in the course of a civil action for childhood sexual abuse, as such term is defined in Code Section 9-3-33.1 .
O.C.G.A. § 49-3-3-1 — GA Code / Title 49 / Chapter 3 / Section 49-3-3-1
Georgia Code Title 49. Social Services § 49-3-3.1
Status: in_force

(a) The county director of the department of family and children services of each county shall provide an annual report no later than December 31 of each year, beginning in the year 2000, to the county board, county commission, and the director of the Division of Family and Children Services. The county director of the department of family and children services of each county shall notify each member of the General Assembly whose legislative district includes any part of that county of the availability of the annual report but shall not be required to distribute copies of the annual report to the members. The report shall include the following information for the 12 month period ending June 30 of that year: (1) The number of children for whom the county department has received a complaint of child abuse pursuant to Code Section 19-7-5 ; (2) General demographic data such as gender, race, and age regarding children specified in paragraph (1) of this subsection; (3) The number of children taken into county department custody; (4) The number of placements of children in county department custody by the type of placement; (5) The length of time in county department custody by the number of children; and (6) Any other information required by the director of the Division of Family and Children Services.

(a) The county director of the department of family and children services of each county shall provide an annual report no later than December 31 of each year, beginning in the year 2000, to the county board, county commission, and the director of the Division of Family and Children Services. The county director of the department of family and children services of each county shall notify each member of the General Assembly whose legislative district includes any part of that county of the availability of the annual report but shall not be required to distribute copies of the annual report to the members. The report shall include the following information for the 12 month period ending June 30 of that year:

(1) The number of children for whom the county department has received a complaint of child abuse pursuant to Code Section 19-7-5 ;

(1) The number of children for whom the county department has received a complaint of child abuse pursuant to Code Section 19-7-5 ;

(2) General demographic data such as gender, race, and age regarding children specified in paragraph (1) of this subsection;

(2) General demographic data such as gender, race, and age regarding children specified in paragraph (1) of this subsection;

(3) The number of children taken into county department custody;

(3) The number of children taken into county department custody;

(4) The number of placements of children in county department custody by the type of placement;

(4) The number of placements of children in county department custody by the type of placement;

(5) The length of time in county department custody by the number of children; and

(5) The length of time in county department custody by the number of children; and

(6) Any other information required by the director of the Division of Family and Children Services.

(6) Any other information required by the director of the Division of Family and Children Services.

(b) A majority of the legislative delegation whose members are required to receive notification pursuant to subsection (a) of this Code section shall be authorized to require the director of the department of family and children services of the county which provided that report to appear before that delegation and to answer questions regarding that report and other matters relating to issues of child abuse and child protective services.

(b) A majority of the legislative delegation whose members are required to receive notification pursuant to subsection (a) of this Code section shall be authorized to require the director of the department of family and children services of the county which provided that report to appear before that delegation and to answer questions regarding that report and other matters relating to issues of child abuse and child protective services.
O.C.G.A. § 49-4-142 — GA Code / Title 49 / Chapter 4 / Section 49-4-142
Georgia Code Title 49. Social Services § 49-4-142
Status: in_force

(a) The Department of Community Health established under Chapter 2 of Title 31 is authorized to adopt and administer a state plan for medical assistance in accordance with Title XIX of the federal Social Security Act, 1 as amended (Act of July 30, 1965, P.L. 89-97, 79 Stat. 343, as amended), provided such state plan is administered within the appropriations made available to the department. The department is authorized to establish the amount, duration, scope, and terms and conditions of eligibility for and receipt of such medical assistance as it may elect to authorize pursuant to this article. Further, the department is authorized to establish such rules and regulations as may be necessary or desirable in order to execute the state plan and to receive the maximum amount of federal financial participation available in expenditures made pursuant to the state plan; provided, however, that the department shall establish reasonable procedures for notice to interested parties and an opportunity to be heard prior to the adoption, amendment, or repeal of any such rule or regulation. The department is authorized to enter into such reciprocal and cooperative arrangements with other states, persons, and institutions, public and private, as it may deem necessary or desirable in order to execute the state plan.

(a) The Department of Community Health established under Chapter 2 of Title 31 is authorized to adopt and administer a state plan for medical assistance in accordance with Title XIX of the federal Social Security Act, 1 as amended (Act of July 30, 1965, P.L. 89-97, 79 Stat. 343, as amended), provided such state plan is administered within the appropriations made available to the department. The department is authorized to establish the amount, duration, scope, and terms and conditions of eligibility for and receipt of such medical assistance as it may elect to authorize pursuant to this article. Further, the department is authorized to establish such rules and regulations as may be necessary or desirable in order to execute the state plan and to receive the maximum amount of federal financial participation available in expenditures made pursuant to the state plan; provided, however, that the department shall establish reasonable procedures for notice to interested parties and an opportunity to be heard prior to the adoption, amendment, or repeal of any such rule or regulation. The department is authorized to enter into such reciprocal and cooperative arrangements with other states, persons, and institutions, public and private, as it may deem necessary or desirable in order to execute the state plan.

(b) The department shall, not later than June 1, 1986, implement a modification of the state plan for medical assistance or any affected rules or regulations of the department, which modification will allow supplementation by relatives or other persons for a private room or private sitter or both for a recipient of medical assistance in a nursing home. The modification to the plan or to any affected rules and regulations shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations. Such modification of the state plan for medical assistance or rules and regulations: (1) Shall provide that a provider of nursing home services in either a skilled care facility or an intermediate care facility shall be obligated to provide a recipient of medical assistance only semiprivate accommodations which meet the other requirements of appropriate regulations; (2) Shall provide that at no time can more than 10 percent of a skilled care or intermediate care facility's rooms be used for Medicaid recipients for whom a private room supplementation has been made; (3) Shall provide that payments made by relatives or other persons to a provider of medical assistance for the specific stated purpose of paying the additional costs for a private room or private sitter or both for a recipient of medical assistance in a skilled care facility or intermediate care facility shall not be considered as income when determining the amount of patient liability toward vendor payments; provided, however, that the department's entitlement to payments made by legally liable third parties shall not be diminished by this modification of the state plan; (4) Shall provide that no provider of medical assistance shall discriminate against a recipient of medical assistance who does not have a relative or other person who is willing and able to provide supplementation; but the provision of a private room or private sitter to a recipient when supplementation is provided shall not constitute discrimination against other recipients; (5) Shall provide that no recipient who is transferred to or admitted to a private room because of a shortage of beds in semiprivate rooms shall be discharged because the recipient does not have a relative or other person who is willing and able to provide supplementation; and (6) May provide that the rate charged by the provider of medical assistance to the relative or other person providing supplementation for a private room for a recipient shall not exceed the difference between the maximum rate charged by the provider for a private room to or for a private pay patient and the amount which the provider receives or will receive from the department as reimbursement for otherwise providing for the recipient's care in a semiprivate room.

(b) The department shall, not later than June 1, 1986, implement a modification of the state plan for medical assistance or any affected rules or regulations of the department, which modification will allow supplementation by relatives or other persons for a private room or private sitter or both for a recipient of medical assistance in a nursing home. The modification to the plan or to any affected rules and regulations shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations. Such modification of the state plan for medical assistance or rules and regulations:

(1) Shall provide that a provider of nursing home services in either a skilled care facility or an intermediate care facility shall be obligated to provide a recipient of medical assistance only semiprivate accommodations which meet the other requirements of appropriate regulations;

(1) Shall provide that a provider of nursing home services in either a skilled care facility or an intermediate care facility shall be obligated to provide a recipient of medical assistance only semiprivate accommodations which meet the other requirements of appropriate regulations;

(2) Shall provide that at no time can more than 10 percent of a skilled care or intermediate care facility's rooms be used for Medicaid recipients for whom a private room supplementation has been made;

(2) Shall provide that at no time can more than 10 percent of a skilled care or intermediate care facility's rooms be used for Medicaid recipients for whom a private room supplementation has been made;

(3) Shall provide that payments made by relatives or other persons to a provider of medical assistance for the specific stated purpose of paying the additional costs for a private room or private sitter or both for a recipient of medical assistance in a skilled care facility or intermediate care facility shall not be considered as income when determining the amount of patient liability toward vendor payments; provided, however, that the department's entitlement to payments made by legally liable third parties shall not be diminished by this modification of the state plan;

(3) Shall provide that payments made by relatives or other persons to a provider of medical assistance for the specific stated purpose of paying the additional costs for a private room or private sitter or both for a recipient of medical assistance in a skilled care facility or intermediate care facility shall not be considered as income when determining the amount of patient liability toward vendor payments; provided, however, that the department's entitlement to payments made by legally liable third parties shall not be diminished by this modification of the state plan;

(4) Shall provide that no provider of medical assistance shall discriminate against a recipient of medical assistance who does not have a relative or other person who is willing and able to provide supplementation; but the provision of a private room or private sitter to a recipient when supplementation is provided shall not constitute discrimination against other recipients;

(4) Shall provide that no provider of medical assistance shall discriminate against a recipient of medical assistance who does not have a relative or other person who is willing and able to provide supplementation; but the provision of a private room or private sitter to a recipient when supplementation is provided shall not constitute discrimination against other recipients;

(5) Shall provide that no recipient who is transferred to or admitted to a private room because of a shortage of beds in semiprivate rooms shall be discharged because the recipient does not have a relative or other person who is willing and able to provide supplementation; and

(5) Shall provide that no recipient who is transferred to or admitted to a private room because of a shortage of beds in semiprivate rooms shall be discharged because the recipient does not have a relative or other person who is willing and able to provide supplementation; and

(6) May provide that the rate charged by the provider of medical assistance to the relative or other person providing supplementation for a private room for a recipient shall not exceed the difference between the maximum rate charged by the provider for a private room to or for a private pay patient and the amount which the provider receives or will receive from the department as reimbursement for otherwise providing for the recipient's care in a semiprivate room.

(6) May provide that the rate charged by the provider of medical assistance to the relative or other person providing supplementation for a private room for a recipient shall not exceed the difference between the maximum rate charged by the provider for a private room to or for a private pay patient and the amount which the provider receives or will receive from the department as reimbursement for otherwise providing for the recipient's care in a semiprivate room.

(c) The department is authorized to establish drug application fees which shall be equal to the department's cost of investigating and determining whether a new drug product should be included in the Controlled Medical Assistance Drug List. Such fees shall be adjusted annually and shall be paid by the drug manufacturers at the time of application.

(c) The department is authorized to establish drug application fees which shall be equal to the department's cost of investigating and determining whether a new drug product should be included in the Controlled Medical Assistance Drug List. Such fees shall be adjusted annually and shall be paid by the drug manufacturers at the time of application.

(d) The department shall, upon state appropriations, implement a modification of the state plan for medical assistance or any affected rules or regulations of the department, which modification shall provide that, in determining the amount of a recipient's income that is to be applied to payment for the costs of care in a nursing home, there shall be deducted a personal needs allowance of not less than $70.00 per month which shall include the minimum amount required by 42 U.S.C. Section 1396a(q)(2) .

(d) The department shall, upon state appropriations, implement a modification of the state plan for medical assistance or any affected rules or regulations of the department, which modification shall provide that, in determining the amount of a recipient's income that is to be applied to payment for the costs of care in a nursing home, there shall be deducted a personal needs allowance of not less than $70.00 per month which shall include the minimum amount required by 42 U.S.C. Section 1396a(q)(2) .

1 42 U.S.C.A. § 1396 et seq.
O.C.G.A. § 49-3-8 — GA Code / Title 49 / Chapter 3 / Section 49-3-8
Georgia Code Title 49. Social Services § 49-3-8
Status: in_force

Any county department of family and children services, at the discretion of the county director, may destroy public assistance case records which have been inactive for three years or more, as well as related statistical and financial forms and reports. A record must be retained beyond the three-year period as long as a federal or state audit of that record is in progress, or if an audit's findings have not been resolved, or if the case in question is the subject of pending administrative or judicial litigation.
O.C.G.A. § 49-4-192 — GA Code / Title 49 / Chapter 4 / Section 49-4-192
Georgia Code Title 49. Social Services § 49-4-192
Status: in_force

(a) As used in this Code section, the term: (1) “Program” means the LEARNFARE program established in this Code section. (2) “Teen-ager” means a person at least 13 years of age but not more than 16 years of age who is included in a grant of TANF assistance, who is residing with a parent or guardian, and who has not graduated from high school or received a state approved high school equivalency (HSE) diploma.

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

(1) “Program” means the LEARNFARE program established in this Code section.

(1) “Program” means the LEARNFARE program established in this Code section.

(2) “Teen-ager” means a person at least 13 years of age but not more than 16 years of age who is included in a grant of TANF assistance, who is residing with a parent or guardian, and who has not graduated from high school or received a state approved high school equivalency (HSE) diploma.

(2) “Teen-ager” means a person at least 13 years of age but not more than 16 years of age who is included in a grant of TANF assistance, who is residing with a parent or guardian, and who has not graduated from high school or received a state approved high school equivalency (HSE) diploma.

(b) The purpose of this Code section is to establish a pilot LEARNFARE program that requires school attendance of all teen-agers.

(b) The purpose of this Code section is to establish a pilot LEARNFARE program that requires school attendance of all teen-agers.

(c) The department shall establish in not less than ten counties in this state a pilot LEARNFARE program. Such program shall require school attendance of all teen-agers.

(c) The department shall establish in not less than ten counties in this state a pilot LEARNFARE program. Such program shall require school attendance of all teen-agers.

(d) A teen-ager who is required to attend school to meet LEARNFARE participation requirements under this Code section shall comply except when there is good cause shown, as defined by the department.

(d) A teen-ager who is required to attend school to meet LEARNFARE participation requirements under this Code section shall comply except when there is good cause shown, as defined by the department.

(e) Upon determination that a teen-ager has failed without good cause to attend school as required, the teen-ager will be removed from the TANF grant for the next possible payment month.

(e) Upon determination that a teen-ager has failed without good cause to attend school as required, the teen-ager will be removed from the TANF grant for the next possible payment month.

(f) A sanction applied under this program shall be effective for one month for each month that the teen-ager failed to meet the monthly attendance requirement, as established by the department. In the case of a teen-ager who drops out of school, the sanction shall remain in force until the teen-ager provides written proof from the school system that the teen-ager has re-enrolled and has met the monthly attendance requirement for one calendar month.

(f) A sanction applied under this program shall be effective for one month for each month that the teen-ager failed to meet the monthly attendance requirement, as established by the department. In the case of a teen-ager who drops out of school, the sanction shall remain in force until the teen-ager provides written proof from the school system that the teen-ager has re-enrolled and has met the monthly attendance requirement for one calendar month.

(g) The department shall adopt not later than July 1, 1997, such rules and regulations as may be necessary to implement this program. The department shall establish by appropriate rules and regulations the eligibility and participation guidelines for such program.

(g) The department shall adopt not later than July 1, 1997, such rules and regulations as may be necessary to implement this program. The department shall establish by appropriate rules and regulations the eligibility and participation guidelines for such program.

(h) The department shall further provide, no later than January 1, 1999, a written report to the General Assembly which shall describe all actions taken to implement this program and the results and findings derived therefrom.

(h) The department shall further provide, no later than January 1, 1999, a written report to the General Assembly which shall describe all actions taken to implement this program and the results and findings derived therefrom.
O.C.G.A. § 49-9-50 — GA Code / Title 49 / Chapter 9 / Section 49-9-50
Georgia Code Title 49. Social Services § 49-9-50
Status: in_force

As used in this article, the term:

(1) “ Competitive integrated employment ” means work, including self-employment, in the labor market performed on a full-time or part-time basis in a setting in which an individual with a disability interacts with individuals without disabilities in all aspects of the job function and for which such individual with a disability is compensated at or above the level of salary and benefits paid by the employer for the same or similar work performed by individuals without disabilities.

(1) “ Competitive integrated employment ” means work, including self-employment, in the labor market performed on a full-time or part-time basis in a setting in which an individual with a disability interacts with individuals without disabilities in all aspects of the job function and for which such individual with a disability is compensated at or above the level of salary and benefits paid by the employer for the same or similar work performed by individuals without disabilities.

(2) “ Council ” means the Employment First Georgia Council established pursuant to Code Section 49-9-51 .

(2) “ Council ” means the Employment First Georgia Council established pursuant to Code Section 49-9-51 .

(3) “ Disability ” means a permanent physical, cognitive, or behavioral condition that significantly limits one or more functions of daily living.

(3) “ Disability ” means a permanent physical, cognitive, or behavioral condition that significantly limits one or more functions of daily living.
O.C.G.A. § 49-10-6 — GA Code / Title 49 / Chapter 10 / Section 49-10-6
Georgia Code Title 49. Social Services § 49-10-6
Status: in_force

(a) As used in this Code section, the term: (1) “ Eligible applicant ” means a person who: (A) Is a legal resident of the State of Georgia as established by rules and regulations of the board; (B) Is a registered professional nurse duly licensed and authorized to practice in this state under Article 1 of Chapter 26 of Title 43; (C) Holds a master's or doctoral degree in nursing; and (D) Is currently employed and has been employed for at least one year as a faculty member of a nursing program at a postsecondary institution that is a unit of the University System of Georgia, an institution subject to paragraph (10) of subsection (a) of Code Section 20-3-250.3 , or a unit of the Technical College System of Georgia in a position that requires an advanced degree in professional nursing. (2) “ Recipient ” means an eligible applicant who applied for and was approved by the board for student loan repayment under this Code section. (3) “ Student loan ” means debt incurred by an eligible applicant that is: (A) Evidenced by a promissory note which required the funds received to be used to pay for the cost of attendance for the undergraduate, graduate, or professional education of the eligible applicant; (B) Not in default at the time of application for repayment under this Code section; and (C) Not subject to an existing service obligation or to repayment through another student loan repayment or loan forgiveness program or as a condition of employment.

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

(1) “ Eligible applicant ” means a person who: (A) Is a legal resident of the State of Georgia as established by rules and regulations of the board; (B) Is a registered professional nurse duly licensed and authorized to practice in this state under Article 1 of Chapter 26 of Title 43; (C) Holds a master's or doctoral degree in nursing; and (D) Is currently employed and has been employed for at least one year as a faculty member of a nursing program at a postsecondary institution that is a unit of the University System of Georgia, an institution subject to paragraph (10) of subsection (a) of Code Section 20-3-250.3 , or a unit of the Technical College System of Georgia in a position that requires an advanced degree in professional nursing.

(1) “ Eligible applicant ” means a person who:

(A) Is a legal resident of the State of Georgia as established by rules and regulations of the board;

(A) Is a legal resident of the State of Georgia as established by rules and regulations of the board;

(B) Is a registered professional nurse duly licensed and authorized to practice in this state under Article 1 of Chapter 26 of Title 43;

(B) Is a registered professional nurse duly licensed and authorized to practice in this state under Article 1 of Chapter 26 of Title 43;

(C) Holds a master's or doctoral degree in nursing; and

(C) Holds a master's or doctoral degree in nursing; and

(D) Is currently employed and has been employed for at least one year as a faculty member of a nursing program at a postsecondary institution that is a unit of the University System of Georgia, an institution subject to paragraph (10) of subsection (a) of Code Section 20-3-250.3 , or a unit of the Technical College System of Georgia in a position that requires an advanced degree in professional nursing.

(D) Is currently employed and has been employed for at least one year as a faculty member of a nursing program at a postsecondary institution that is a unit of the University System of Georgia, an institution subject to paragraph (10) of subsection (a) of Code Section 20-3-250.3 , or a unit of the Technical College System of Georgia in a position that requires an advanced degree in professional nursing.

(2) “ Recipient ” means an eligible applicant who applied for and was approved by the board for student loan repayment under this Code section.

(2) “ Recipient ” means an eligible applicant who applied for and was approved by the board for student loan repayment under this Code section.

(3) “ Student loan ” means debt incurred by an eligible applicant that is: (A) Evidenced by a promissory note which required the funds received to be used to pay for the cost of attendance for the undergraduate, graduate, or professional education of the eligible applicant; (B) Not in default at the time of application for repayment under this Code section; and (C) Not subject to an existing service obligation or to repayment through another student loan repayment or loan forgiveness program or as a condition of employment.

(3) “ Student loan ” means debt incurred by an eligible applicant that is:

(A) Evidenced by a promissory note which required the funds received to be used to pay for the cost of attendance for the undergraduate, graduate, or professional education of the eligible applicant;

(A) Evidenced by a promissory note which required the funds received to be used to pay for the cost of attendance for the undergraduate, graduate, or professional education of the eligible applicant;

(B) Not in default at the time of application for repayment under this Code section; and

(B) Not in default at the time of application for repayment under this Code section; and

(C) Not subject to an existing service obligation or to repayment through another student loan repayment or loan forgiveness program or as a condition of employment.

(C) Not subject to an existing service obligation or to repayment through another student loan repayment or loan forgiveness program or as a condition of employment.

(b) The board shall have the authority to approve the applications of eligible applicants submitted in accordance with rules and regulations established by the board governing the student loan repayment application process.

(b) The board shall have the authority to approve the applications of eligible applicants submitted in accordance with rules and regulations established by the board governing the student loan repayment application process.

(c) The board is authorized to provide for the repayment of student loans held by recipients in consideration of the recipient serving as a faculty member of a nursing program.

(c) The board is authorized to provide for the repayment of student loans held by recipients in consideration of the recipient serving as a faculty member of a nursing program.

(d)(1) Each recipient before being granted any student loan repayment shall enter into a student loan repayment agreement with the board agreeing to the terms and conditions upon which the student loan repayment is granted, including such terms and conditions set forth in this Code section. (2) The board shall have the power to terminate a student loan repayment agreement at any time for any cause deemed sufficient by the board, provided that such power shall not be arbitrarily or unreasonably exercised.

(d)(1) Each recipient before being granted any student loan repayment shall enter into a student loan repayment agreement with the board agreeing to the terms and conditions upon which the student loan repayment is granted, including such terms and conditions set forth in this Code section.

(d)(1) Each recipient before being granted any student loan repayment shall enter into a student loan repayment agreement with the board agreeing to the terms and conditions upon which the student loan repayment is granted, including such terms and conditions set forth in this Code section.

(2) The board shall have the power to terminate a student loan repayment agreement at any time for any cause deemed sufficient by the board, provided that such power shall not be arbitrarily or unreasonably exercised.

(2) The board shall have the power to terminate a student loan repayment agreement at any time for any cause deemed sufficient by the board, provided that such power shall not be arbitrarily or unreasonably exercised.

(e) Each student loan repayment agreement entered into under the authority granted in this Code section shall: (1) Provide for repayment of the recipient's student loans in a total amount to be determined by the board, but not exceeding a maximum of $100,000.00 or the total student loan debt of the recipient, whichever is less, to be paid out in installments made each 12 months over a term of not more than five years. A student loan repayment made pursuant to this Code section shall be paid in such manner as the board shall establish by rules and regulations; (2) Provide that any payment made by the board under a student loan repayment agreement shall be made in consideration of services rendered by the recipient as a faculty member of a nursing program; (3) Provide that the board shall make a payment toward the recipient's student loans, in an amount set forth in the agreement, for each 12 months the recipient serves as a faculty member of a nursing program during the term of the agreement; and (4) Require that the recipient shall remain a legal resident of the state as established by rules and regulations of the board; maintain licensure as a registered professional nurse under Article 1 of Chapter 26 of Title 43; and be employed as a faculty member of a nursing program at all times during the term of the agreement.

(e) Each student loan repayment agreement entered into under the authority granted in this Code section shall:

(1) Provide for repayment of the recipient's student loans in a total amount to be determined by the board, but not exceeding a maximum of $100,000.00 or the total student loan debt of the recipient, whichever is less, to be paid out in installments made each 12 months over a term of not more than five years. A student loan repayment made pursuant to this Code section shall be paid in such manner as the board shall establish by rules and regulations;

(1) Provide for repayment of the recipient's student loans in a total amount to be determined by the board, but not exceeding a maximum of $100,000.00 or the total student loan debt of the recipient, whichever is less, to be paid out in installments made each 12 months over a term of not more than five years. A student loan repayment made pursuant to this Code section shall be paid in such manner as the board shall establish by rules and regulations;

(2) Provide that any payment made by the board under a student loan repayment agreement shall be made in consideration of services rendered by the recipient as a faculty member of a nursing program;

(2) Provide that any payment made by the board under a student loan repayment agreement shall be made in consideration of services rendered by the recipient as a faculty member of a nursing program;

(3) Provide that the board shall make a payment toward the recipient's student loans, in an amount set forth in the agreement, for each 12 months the recipient serves as a faculty member of a nursing program during the term of the agreement; and

(3) Provide that the board shall make a payment toward the recipient's student loans, in an amount set forth in the agreement, for each 12 months the recipient serves as a faculty member of a nursing program during the term of the agreement; and

(4) Require that the recipient shall remain a legal resident of the state as established by rules and regulations of the board; maintain licensure as a registered professional nurse under Article 1 of Chapter 26 of Title 43; and be employed as a faculty member of a nursing program at all times during the term of the agreement.

(4) Require that the recipient shall remain a legal resident of the state as established by rules and regulations of the board; maintain licensure as a registered professional nurse under Article 1 of Chapter 26 of Title 43; and be employed as a faculty member of a nursing program at all times during the term of the agreement.

(f) The board shall adopt such rules and regulations as are reasonable and necessary to implement the provisions of this Code section.

(f) The board shall adopt such rules and regulations as are reasonable and necessary to implement the provisions of this Code section.

(g) Student loan repayment for recipients having entered into a student loan repayment agreement with the board pursuant to this Code section shall be contingent upon the appropriation of funds by the General Assembly for the purposes of this Code section in annual appropriations Acts of the General Assembly.

(g) Student loan repayment for recipients having entered into a student loan repayment agreement with the board pursuant to this Code section shall be contingent upon the appropriation of funds by the General Assembly for the purposes of this Code section in annual appropriations Acts of the General Assembly.

(h) Nothing in this Code section shall authorize the adjustment of a recipient's compensation based on such recipient's receipt of student loan repayment pursuant to this Code section.

(h) Nothing in this Code section shall authorize the adjustment of a recipient's compensation based on such recipient's receipt of student loan repayment pursuant to this Code section.