reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7 - MEDICAL ASSISTANCE GENERALLY (§§ 49-4-140 — 49-4-159.3) › Section 49-4-159.2 - [Multiple versions] [Coverage for continuous glucose monitors]

(a)
On and after July 1, 2023, the department shall include coverage for continuous glucose monitors as a benefit under Medicaid via the most cost-effective benefit delivery channel. The criteria for such coverage shall be updated to align with current standards of care and shall include, but shall not be limited to, requirements that:
(1)
The recipient has been diagnosed with diabetes mellitus by a treating practitioner;
(2)
The recipient's treating practitioner has concluded that the recipient or the recipient's caregiver has had sufficient training in using a continuous glucose monitor as evidenced by the provision of a prescription therefor; and
(3)
The recipient:
(A)
Is treated with at least one daily administration of insulin; or
(B)
Has a history of problematic hypoglycemia with documentation of at least one of the following:
(i)
Recurrent level 2 hypoglycemic events (glucose less than 54 mg/dL (3.0 mmol/L)) that persist despite two or more attempts to adjust medication, modify the diabetes treatment plan, or both; or
(ii)
A history of a level 3 hypoglycemic event (glucose less than 54 mg/dL (3.0 mmol/L)) characterized by altered mental or physical state requiring third-party assistance for treatment for hypoglycemia.
(b)
Within six months prior to prescribing a continuous glucose monitor for a recipient, the treating practitioner shall have had an in-person or telehealth visit with the recipient to evaluate the recipient's diabetes control and shall have concluded that the recipient meets the criteria set forth in subsection (a) of this Code section.
(c)
Every six months following the initial prescription of a continuous glucose monitor, the treating practitioner shall have an in-person or telehealth visit with the recipient to assess adherence to his or her continuous glucose monitor regimen and diabetes treatment plan.
Added by 2024 Ga. Laws 604,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7A - GEORGIA LONG-TERM CARE PARTNERSHIP PROGRAM (§§ 49-4-160 — 49-4-166) › Section 49-4-160 - Short title

This article shall be known and may be cited as the "Georgia Long-term Care Partnership Program Act."
Amended by 2006 Ga. Laws 453,§ 49, eff. 4/14/2006.
Added by 2005 Ga. Laws 159,§ 1, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7A - GEORGIA LONG-TERM CARE PARTNERSHIP PROGRAM (§§ 49-4-160 — 49-4-166) › Section 49-4-161 - Definitions

As used in this article, the term:
(1)
"Asset disregard" means, with regard to state Medicaid benefits, the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf of an individual who is a beneficiary under a qualified long-term care insurance partnership policy.
(2)
"Commissioner" means the Commissioner of Insurance.
(3)
"Department" means the Department of Community Health.
(4)
"Georgia Qualified Long-term Care Partnership Program approved policy" means a long-term care insurance policy that meets the model regulations and requirements of the National Association of Insurance Commissioners' long-term care insurance model regulation and long-term care insurance model act as specified in
42 U.S.C. Section 1917(b)
and Section
6021
of the Federal Deficit Reduction Act of 2005 and the Commissioner certifies such policy as meeting these requirements.
(5)
"State Medicaid program" means the medical assistance program established in this state under Title XIX of the federal Social Security Act.
(6)
"State plan amendment" means a state Medicaid plan amendment made to the federal Department of Health and Human Services that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf of an individual who is a beneficiary under a qualified long-term care insurance partnership policy.
Amended by 2009 Ga. Laws 8,§ 49, eff. 4/14/2009.
Amended by 2006 Ga. Laws 505,§ 1, eff. 4/19/2006.
Amended by 2006 Ga. Laws 453,§ 49, eff. 4/14/2006.
Added by 2005 Ga. Laws 159,§ 1, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7A - GEORGIA LONG-TERM CARE PARTNERSHIP PROGRAM (§§ 49-4-160 — 49-4-166) › Section 49-4-162 - Program established; purposes; assets to be disregarded with respect to Medicaid eligibility or payment or recovery by the state of payments for medical services

(a)
In accordance with Section 6021 of the Federal Deficit Reduction Act of 2005, there is established the Georgia Qualified Long-term Care Partnership Program which shall be administered by the Department of Community Health, with the assistance of the Commissioner and the Department of Human Services, and which shall be for the following purposes:
(1)
To provide incentives for individuals to insure against the costs of providing for their long-term care needs;
(2)
To provide a mechanism for individuals to qualify for coverage of the cost of their long-term care needs under the state Medicaid program without first being required to substantially exhaust their resources;
(3)
To provide counseling services through the Division of Aging Services of the Department of Human Services to individuals in planning of their long-term care needs; and
(4)
To alleviate the financial burden on the state's Medicaid program by encouraging the pursuit of private initiatives.
(b)
Upon the exhaustion of benefits or upon the diminishment of assets below the anticipated remaining benefits under a Georgia Qualified Long-term Care Partnership Program approved policy, certain assets of an individual, as provided in subsection (c) of this Code section, shall not be considered when determining any of the following:
(1)
Medicaid eligibility;
(2)
The amount of any Medicaid payment; and
(3)
Any subsequent recovery by the state of a payment for medical services.
(c)
The department shall:
(1)
Not later than November 15, 2006, make application to the federal Department of Health and Human Services for a state plan amendment to establish that the assets an individual owns and may retain under Medicaid and still qualify for benefits under Medicaid at the time the individual applies for benefits is increased dollar for dollar for each dollar paid out under the individual's long-term care insurance policy if the individual is the beneficiary of a qualified long-term care insurance partnership policy purchased through the Georgia Qualified Long-term Care Partnership Program; and
(2)
Provide information and technical assistance to the Commissioner to assure that any individual who sells a qualified long-term care insurance partnership policy receives training and demonstrates evidence of an understanding of such policies and how they relate to other public and private coverage of long-term care.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Amended by 2006 Ga. Laws 505,§ 2, eff. 4/19/2006.
Amended by 2006 Ga. Laws 453,§ 49, eff. 4/14/2006.
Added by 2005 Ga. Laws 159,§ 1, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7A - GEORGIA LONG-TERM CARE PARTNERSHIP PROGRAM (§§ 49-4-160 — 49-4-166) › Section 49-4-163 - Eligibility for asset disregard; reciprocal agreements with other states to extend asset disregard mutually

(a)
An individual who is a beneficiary of a Georgia Qualified Long-term Care Partnership Program approved policy is eligible for assistance under the state Medicaid program using asset disregard pursuant to the provisions of subsection (c) of Code Section
49-4-162
.
(b)
If the Georgia Qualified Long-term Care Partnership Program is discontinued, an individual who purchased a Georgia Qualified Long-term Care Partnership Program approved policy prior to the date the program was discontinued shall be eligible to receive asset disregard if allowed as provided by Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005.
(c)
The department may enter into reciprocal agreements with other states to extend the asset disregard to residents of the state who purchase long-term care policies in another state which has asset disregard provisions as established under this article as provided by Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005.
Amended by 2006 Ga. Laws 505,§ 3, eff. 4/19/2006.
Amended by 2006 Ga. Laws 453,§ 49, eff. 4/14/2006.
Added by 2005 Ga. Laws 159,§ 1, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7A - GEORGIA LONG-TERM CARE PARTNERSHIP PROGRAM (§§ 49-4-160 — 49-4-166) › Section 49-4-164 - Requirements for selling qualified long-term care insurance partnership policies; rules and regulations; reports

(a)
The Commissioner shall:
(1)
Develop requirements to ensure that any individual who sells a qualified long-term care insurance partnership policy receives training and demonstrates evidence of an understanding of such policies and how they relate to other public and private coverage of long-term care; and
(2)
Not impose any requirement affecting the terms or benefits of qualified long-term care partnership policies unless the Commissioner imposes such a requirement on all long-term care policies sold in this state without regard to whether the policy is covered under the partnership or is offered in connection with such partnership.
(b)
The department and the Commissioner are authorized to promulgate rules and regulations to implement and administer the provisions of this article.
(c)
The issuers of qualified long-term care partnership policies in this state shall provide regular reports to both the secretary of the United States Department of Health and Human Services in accordance with federal law and regulations and to the department and the Commissioner as provided in Section 6021 of the Federal Deficit Reduction Act of 2005.
Amended by 2006 Ga. Laws 505,§ 4, eff. 4/19/2006.
Added by 2005 Ga. Laws 159,§ 1, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7A - GEORGIA LONG-TERM CARE PARTNERSHIP PROGRAM (§§ 49-4-160 — 49-4-166) › Section 49-4-165 - Notice to consumers

(a)
A qualified long-term care insurance partnership policy shall contain a summary notice to the consumer in plain language on the current law pertaining to asset disregard and asset tests.
(b)
The notice to the consumer under subsection (a) of this Code section shall be developed by the Commissioner of Insurance.
Amended by 2006 Ga. Laws 505,§ 5, eff. 4/19/2006.
Added by 2005 Ga. Laws 159,§ 1, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7A - GEORGIA LONG-TERM CARE PARTNERSHIP PROGRAM (§§ 49-4-160 — 49-4-166) › Section 49-4-166 - [Repealed] Effective date

Repealed by 2006 Ga. Laws 505,§ 6, eff. 4/19/2006.
Added by 2005 Ga. Laws 159,§ 1, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7B - STATE FALSE MEDICAID CLAIMS ACT (§§ 49-4-168 — 49-4-168.6) › Section 49-4-168 - Definitions

As used in this article, the term:
(1)
"Claim" includes any request or demand, whether under a contract or otherwise, for money or property, whether or not the Georgia Medicaid program or this state has title to such money or property, which is made to the Georgia Medicaid program, to any officer, employee, fiscal intermediary, grantee, agent, or contractor of the Georgia Medicaid program, or to other persons or entities if it results in payments by the Georgia Medicaid program, if the Georgia Medicaid program provides, has provided, or will provide any portion of the money or property requested or demanded; if the Georgia Medicaid program will reimburse the contractor, grantee, or other recipient for any portion of the money or property requested or demanded; or if the money or property is to be spent or used on behalf of or to advance the Georgia Medicaid program. A claim includes a request or demand made orally, in writing, electronically, or magnetically. Each claim may be treated as a separate claim.
(2)
"Knowing" and "knowingly" require no proof of specific intent to defraud and mean that a person, with respect to information:
(A)
Has actual knowledge of the information;
(B)
Acts in deliberate ignorance of the truth or falsity of the information; or
(C)
Acts in reckless disregard of the truth or falsity of the information.
(3)
"Material" means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.
(4)
"Obligation" means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee based or similar relationship, from statute or regulation, or from retention of any overpayment.
(5)
"Person" means any natural person, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity with capacity to sue or be sued.
Amended by 2013 Ga. Laws 33,§ 49, eff. 2/24/2013.
Amended by 2012 Ga. Laws 591,§ II-2-1, eff. 7/1/2012.
Added by 2007 Ga. Laws 220,§ 3, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7B - STATE FALSE MEDICAID CLAIMS ACT (§§ 49-4-168 — 49-4-168.6) › Section 49-4-168.3 - Standard of proof; procedure; intervention by Attorney General

(a)
In any civil action brought under this article, the State of Georgia or person bringing the civil action shall be required to prove all essential elements of the cause of civil action, including damages, by a preponderance of the evidence.
(b)
Except as otherwise provided in this article, all civil actions brought under this article shall be governed by the provisions of Chapter 11 of Title 9, the "Georgia Civil Practice Act."
(c)
If the Attorney General elects to intervene and proceed with a civil action brought pursuant to this article, the Attorney General may file his or her own complaint or amend the complaint of a person who has brought a civil action under this article to clarify or add detail to the claims in which the Attorney General is intervening and to add any additional claims with respect to which the State of Georgia contends it is entitled to relief. For purposes of the statute of limitations, any such pleading by the Attorney General shall relate back to the filing date of the complaint of the person who originally brought the civil action, to the extent that the claim of the State of Georgia arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the original complaint by such person.
Amended by 2012 Ga. Laws 591,§ II-2-1, eff. 7/1/2012.
Added by 2007 Ga. Laws 220,§ 3, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7B - STATE FALSE MEDICAID CLAIMS ACT (§§ 49-4-168 — 49-4-168.6) › Section 49-4-168.4 - Protection of employees from discrimination; relief; statute of limitations

(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.
(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.
Amended by 2012 Ga. Laws 591,§ II-2-1, eff. 7/1/2012.
Added by 2007 Ga. Laws 220,§ 3, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7B - STATE FALSE MEDICAID CLAIMS ACT (§§ 49-4-168 — 49-4-168.6) › Section 49-4-168.5 - Statute of limitations

All civil actions under this article shall be filed pursuant to Code Section
49-4-168.2
within six years after the date the violation was committed, or four years after the date when facts material to the right of civil action are known or reasonably should have been known by the state official charged with the responsibility to act in the circumstances, whichever occurs last; provided, however, that in no event shall any civil action be filed more than ten years after the date upon which the violation was committed.
Amended by 2012 Ga. Laws 591,§ II-2-1, eff. 7/1/2012.
Added by 2007 Ga. Laws 220,§ 3, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7B - STATE FALSE MEDICAID CLAIMS ACT (§§ 49-4-168 — 49-4-168.6) › Section 49-4-168.6 - Venue

All civil actions brought against natural persons under this article shall be brought in the county where the defendant or, in the case of multiple defendants or of defendants who are not residents of the State of Georgia, in any county where any one defendant resides, can be found, transacts business, or commits an act in furtherance of the submittal of a false or fraudulent claim to the Georgia Medicaid program.
Amended by 2012 Ga. Laws 591,§ II-2-1, eff. 7/1/2012.
Amended by 2009 Ga. Laws 8,§ 49, eff. 4/14/2009.
Added by 2007 Ga. Laws 220,§ 3, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7C - THERAPY SERVICES FOR CHILDREN WITH DISABILITIES (§§ 49-4-169 — 49-4-169.3) › Section 49-4-169 - Legislative findings and intent

The General Assembly finds that changes in the approval process of certain health care programs have made it difficult for children with disabilities who are eligible for medical assistance pursuant to Article 7 of this chapter to receive the services to which they are entitled with the frequency and within the time periods which are appropriate. Separate administration of the categorically needy and the medically fragile programs should not result in any variation in the amount, duration, and scope of services. Redundant paperwork requirements have hampered service approvals and delivery and reduced the number of providers serving children. It is the intent of this article to ensure that children with disabilities receive the medically necessary therapy services to which they are entitled under the Medicaid Early Periodic Screening, Diagnostic, and Treatment Program and that categorically needy and medically fragile children have available to them the same scope, duration, and amount of services. It is also the intent of this article to simplify the process and paperwork by which occupational, speech, and physical therapy services are applied for and received by eligible recipients.
Added by 2008 Ga. Laws 695,§ 1, eff. 5/14/2008.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7C - THERAPY SERVICES FOR CHILDREN WITH DISABILITIES (§§ 49-4-169 — 49-4-169.3) › Section 49-4-169.1 - Definitions

As used in this article, the term:
(1)
"Correct or ameliorate" means to improve or maintain a child's health in the best condition possible, compensate for a health problem, prevent it from worsening, prevent the development of additional health problems, or improve or maintain a child's overall health, even if treatment or services will not cure the recipient's overall health.
(2)
"Department" means the Department of Community Health.
(3)
"EPSDT Program" means the federal Medicaid Early Periodic Screening, Diagnostic, and Treatment Program contained at
42 U.S.C.A. Sections 1396a
and
1396d
.
(4)
"Medically necessary services" means services or treatments that are prescribed by a physician or other licensed practitioner, and which, pursuant to the EPSDT Program, diagnose or correct or ameliorate defects, physical and mental illnesses, and health conditions, whether or not such services are in the state plan.
(5)
"Therapy services" means occupational therapy, speech therapy, physical therapy, or other services provided pursuant to the EPSDT Program to an eligible Medicaid beneficiary 21 years of age or younger and which are recommended as medically necessary by a physician.
Added by 2008 Ga. Laws 695,§ 1, eff. 5/14/2008.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 7C - THERAPY SERVICES FOR CHILDREN WITH DISABILITIES (§§ 49-4-169 — 49-4-169.3) › Section 49-4-169.2 - Services and treatment for categorically needy and medically fragile children

All persons who are 21 years of age or younger who are eligible for services under the EPSDT Program shall receive therapy services in accordance with the provisions of this article, whether they are categorically needy children enrolled in the low income Medicaid program or medically fragile children enrolled in the aged, blind, and disabled Medicaid program.
Added by 2008 Ga. Laws 695,§ 1, eff. 5/14/2008.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 8 - PERSONAL REPRESENTATIVE TO MANAGE ASSISTANCE PAYMENTS (§§ 49-4-170 — 49-4-173) › Section 49-4-170 - Grounds for appointing personal representative; petition by county or district director

When any otherwise qualified applicant for or recipient of assistance under this chapter or payee, in the case of temporary assistance for needy families, is or shall become unable to manage the assistance payments or otherwise fails so to manage, to the extent that deprivation or hazard to himself or herself or others results, or when, in the case of temporary assistance for needy families, the payment is not being used for the benefit of the children or the pregnant woman, a petition may be filed by the county or district director of family and children services before the probate court of the county in which the applicant resides or the county in which the recipient receives his or her check, in the form of a verified written application for the appointment of a personal representative for the purpose of receiving and managing public assistance payments for any such recipient or payee, which application shall allege one or more of the above grounds for the legal appointment of such personal representative.
Amended by 2023 Ga. Laws 228,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 8 - PERSONAL REPRESENTATIVE TO MANAGE ASSISTANCE PAYMENTS (§§ 49-4-170 — 49-4-173) › Section 49-4-171 - Hearing on petition; appointment, duties, and removal of representative; court costs waived

The court shall summarily order a hearing on the petition and shall cause the applicant or recipient to be served personally with a copy of the petition and order at least five days in advance of the time and place for the hearing. Findings of fact shall be made by the court without a jury; and if the court shall find that the applicant for or recipient of assistance under this chapter or the payee, in the case of temporary assistance for needy families, is unable to manage the assistance payments or otherwise fails so to manage to the extent that deprivation or hazard to himself or herself or others results or, in the case of temporary assistance for needy families, the payment is not being used for the benefit of the children or the pregnant woman, the court may thereupon enter an order embracing such findings and appointing some responsible person as a personal representative of the applicant or recipient or of the payee, in the case of temporary assistance for needy families, for the purposes set forth in this article; provided, however, that no employee of the Department of Human Services shall be eligible to hold such appointment. The personal representative so appointed shall serve without bond and without compensation. He or she shall be responsible for receiving the monthly assistance payment and using the proceeds of such payment for the benefit of the recipient of assistance under this chapter or, in the case of temporary assistance for needy families, for the application of the payment to the best interest of the children, the pregnant woman, or both. Such personal representative shall be responsible to the court for the faithful discharge of the duties of his or her trust. The court may consider the recommendation of the county director of family and children services in the selection of a suitable person for appointment as personal representative for the limited purposes of this Code section. The personal representative so appointed may be removed by the court and the proceedings dismissed or another suitable personal representative appointed. All costs of court with respect to any such proceeding shall be waived.
Amended by 2023 Ga. Laws 228,§ 2, eff. 7/1/2023.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 8 - PERSONAL REPRESENTATIVE TO MANAGE ASSISTANCE PAYMENTS (§§ 49-4-170 — 49-4-173) › Section 49-4-172 - Appeal from order of appointment or removal

Except as otherwise provided in Article 6 of Chapter 9 of Title 15, from the order of the court appointing or removing such personal representative, an appeal may be had to the judge of the superior court, who shall hear the matter de novo without a jury.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 8 - PERSONAL REPRESENTATIVE TO MANAGE ASSISTANCE PAYMENTS (§§ 49-4-170 — 49-4-173) › Section 49-4-173 - Maintenance of records by county or district director; use of facts and findings in other proceedings

The court may, for the purposes of this Code section, direct the county or district director of family and children services to maintain records pertaining to all aspects of any personal representative proceedings, which records the court may adopt as the court's record and in lieu of maintenance of separate records by the court. The facts arrived at by the county or district director pursuant to this Code section and the findings of the court pursuant to this Code section shall not be competent as evidence in other proceedings dealing with any subject matter other than as provided in this article.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 9 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (§§ 49-4-180 — 49-4-193) › Section 49-4-180 - Short title

This article shall be known and may be cited as the "Temporary Assistance for Needy Families Act."
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 9 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (§§ 49-4-180 — 49-4-193) › Section 49-4-182 - Temporary Assistance for Needy Families Program created

(a)
There is created the Georgia Temporary Assistance for Needy Families Program, which shall be known as the "Georgia TANF Program." The purpose of such program is to provide necessary assistance to needy families on a temporary basis and to provide parents, legal guardians, or other caretaker relatives of children with the necessary support services to enable such parents, legal guardians, or caretaker relatives to become self-sufficient and leave the program as soon as possible. After an initial assessment and once the state determines an applicant is ready for work, applicants for assistance shall be required to engage in a work activity in accordance with Part A of Title IV of the federal Social Security Act, as amended, and the state plan as soon as possible after making application for assistance, but in any event no later than 24 months after first receiving cash assistance.
(b)
Assistance shall be provided in accordance with the state plan and any future amendments thereto. Cash assistance to a recipient who is not a minor child and who is a head of a household or married to the head of a household shall be limited to a lifetime maximum of 48 months, whether or not consecutive, beginning January 1, 1997.
(c)
Nothing in this article, the state plan, or any rules or regulations adopted pursuant to this article shall be interpreted to entitle any individual or any family to assistance under the Georgia TANF Program.
Amended by 2023 Ga. Laws 228,§ 4, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 9 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (§§ 49-4-180 — 49-4-193) › Section 49-4-185 - Sanctions against recipient for failure to comply

(a)
As used in this Code section, the term "sanction" means a 25 percent reduction of any cash assistance provided to a family for a time period established by the board for the first material violation and termination of any cash assistance provided to the family for any subsequent material violation within a time period established by the board; provided, however, that the department may determine that there is good cause not to apply such a sanction in specific circumstances.
(b)
A recipient shall be subject to sanction for failing to comply with the state plan if the recipient:
(1)
Fails to report that a child is absent from home for a period of 45 consecutive days or, in the case of a child who is a recipient, being absent from home for a period of 45 consecutive days; provided, however, that a child who is a recipient shall not be sanctioned if the department determines there is good cause not to sanction the child under such circumstances;
(2)
Violates any personal responsibility or work participation requirement; provided, however, that a single custodial parent with a child under 12 months of age may be exempt from any work participation requirement until adequate child care is available; or
(3)
Except for violations of subsection (a) of Code Section
49-4-184
which result in the recipient no longer being eligible for assistance, violates any other term or condition specified in the federal Social Security Act, as amended, the state plan, or the rules and regulations of the board.
Amended by 2023 Ga. Laws 353,§ 6, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 9 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (§§ 49-4-180 — 49-4-193) › Section 49-4-186 - [Reserved] Schedule of assistance to eliminate increment in benefits under TANF program as result of child birth during eligibility period

Amended by 2023 Ga. Laws 228,§ 7, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 9 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (§§ 49-4-180 — 49-4-193) › Section 49-4-187 - Assistance for applicants moving into state after receiving assistance from another state

An applicant who moves into this state after receiving assistance from another state under Part A of Title IV of the federal Social Security Act, as amended, if otherwise eligible to receive assistance under the Georgia TANF Program, shall receive the same level of assistance for the same period of time under the same requirements and restrictions as a resident of this state; provided, however, that for a period not to exceed 12 months, such applicant shall receive the same amount of cash assistance as that applicant received in his or her previous state of residence, if such amount is lower than the amount of cash assistance paid to a comparable family unit in this state; provided, further, that an applicant who moves into this state shall be eligible to receive cash assistance for the same time period for which he or she would have been eligible in his or her previous state of residence, if such time period is shorter than the maximum time period permitted for receipt of assistance in this state.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 9 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (§§ 49-4-180 — 49-4-193) › Section 49-4-188 - Assistance for qualified aliens

(a)
As used in this Code section, the term "qualified alien" means a qualified alien as defined in Section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, Public Law 104-193.
(b)
Qualified aliens will be eligible for assistance under the Georgia TANF Program upon meeting the same qualifications and conditions as other applicants.
Amended by 2001 Ga. Laws 246, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 9 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (§§ 49-4-180 — 49-4-193) › Section 49-4-190 - Construction of article

It is the intention of the General Assembly that this article be construed consistently with Part A of Title IV of the federal Social Security Act, as amended, and so as to authorize the Department of Human Services, within the appropriations provided to it, to administer the state plan in a manner so as to receive the maximum amount of the federal block grant available for expenditures made under the state plan. Nothing in this article shall be construed to impose requirements which conflict with such federal law or regulations promulgated thereunder so as to result in a loss of federal funding to this state under that law.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 9 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (§§ 49-4-180 — 49-4-193) › Section 49-4-191 - Establishment and enforcement of standards and procedures by department

The department shall establish and enforce standards and procedures to:
(1)
Screen and identify recipients of TANF assistance with a history of being victims of domestic violence, while protecting the confidentiality of any such recipients;
(2)
Refer any such recipients to counseling and supportive services; and
(3)
Waive, pursuant to a determination of good cause, other program requirements for any such recipients of TANF assistance, such as time limits, for so long as necessary, residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with such requirements would make it more difficult for individuals receiving TANF assistance to escape domestic violence or unfairly penalize such recipients who are or have been victimized by such violence, or individuals who are at risk of further domestic violence.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 9 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (§§ 49-4-180 — 49-4-193) › Section 49-4-192 - Establishment of pilot LEARNFARE program

(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.
(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.
(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.
(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.
(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.
Amended by 2023 Ga. Laws 353,§ 6, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4A - DEPARTMENT OF JUVENILE JUSTICE (§§ 49-4A-1 — 49-4A-18) › Section 49-4A-1 - Definitions

As used in this chapter, the term:
(1)
"Board" means the Board of Juvenile Justice.
(2)
"Child in need of services" means any child so adjudged under Article 5 of Chapter 11 of Title 15.
(3)
"Commissioner" means the commissioner of juvenile justice.
(4)
"Delinquent child" means any child so adjudged under Article 6 of Chapter 11 of Title 15.
(5)
"Department" means the Department of Juvenile Justice.
(6)
"Detention assessment" means an actuarial tool, approved by the board and validated on a targeted population, used to make detention decisions and that identifies and calculates specific factors that are likely to indicate a child's risk to public safety pending adjudication and the likelihood that such child will appear for juvenile proceedings for the act causing the detention decision to be made.
(7)
"Evidence based programs or practices" means programs, practices, procedures, and policies that scientific research demonstrates a likelihood to prevent or reduce juvenile delinquency or recidivism.
(8)
"Juvenile detention facility" means hardware secure residential institutions or community residential locations operated by or on behalf of the department and may include youth development centers, regional youth detention centers, group homes, emergency shelters, wilderness or outdoor therapeutic programs, or other facilities that provide 24 hour care in a residential setting.
(9)
"Recidivism" means a conviction or adjudication of delinquency for an offense or crime committed within three years of being placed on probation or being discharged or released from a juvenile detention facility.
(10)
"Risk and needs assessment" means an actuarial tool, approved by the board and validated on a targeted population, that identifies and calculates specific factors that predict a child's likelihood of recidivating and identifies criminal risk factors that, when properly addressed, can reduce such child's likelihood of recidivating.
(11)
"Risk assessment" means an actuarial tool, approved by the board and validated on a targeted population, that identifies and calculates specific factors that predict a child's likelihood of recidivating.
Amended by 2013 Ga. Laws 127,§ 3-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4A - DEPARTMENT OF JUVENILE JUSTICE (§§ 49-4A-1 — 49-4A-18) › Section 49-4A-3 - Department of Juvenile Justice created; commissioner; organization and operation

(a)
There is created the Department of Juvenile Justice and the position of commissioner of juvenile justice. The commissioner shall be the chief administrative officer of the department and shall be both appointed and removed by the board, subject to the approval of the Governor. The commissioner of human services shall not also serve as the commissioner of juvenile justice. Subject to the general policy and rules and regulations of the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions of the department.
(b)
The department shall provide for supervision, detention, and rehabilitation of delinquent children committed to the state's custody. The department shall also be authorized to operate prevention programs and to provide assistance to local public and private entities with prevention programs for children at risk. In lieu of commitment, the department shall be authorized to provide for specialized treatment for children adjudicated for delinquent acts involving sexual offenses or controlled substances and who may have behavior disorders. The department's organization, operation, and implementation shall be based on the following:
(1)
Development of a comprehensive continuum of service options using evidence based programs or practices through flexible funding to allow providers to respond to the unique needs and capabilities of individual children and families;
(2)
Services implemented so that each child and family served can have a personal relationship with staff, providers, and workers, which staff, providers, and workers shall be trained and treated as professionals, have a range of multidisciplinary skills, and have manageable caseloads;
(3)
Services shall be based on evidence based programs or practices and be community centered and responsive to local needs with state and local and public and private entities forming cooperative partnerships that enhance informal support systems for families;
(4)
Systems that are accountable, with desired outcomes specified, results measured and evaluated, and cost-efficient options maximized;
(5)
Intersystem communication and collaboration that are encouraged and facilitated through coordination of systems so that gaps and unnecessary duplications in planning, funding, and providing services are eliminated;
(6)
Being consumer driven and responsive to the changing needs of individual communities; and
(7)
Encouraging the central location of various services whenever possible.
Amended by 2013 Ga. Laws 127,§ 3-3, eff. 1/1/2014.
Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4A - DEPARTMENT OF JUVENILE JUSTICE (§§ 49-4A-1 — 49-4A-18) › Section 49-4A-4 - Purpose of chapter

It is the purpose of this chapter to establish the department as the agency to administer, supervise, and manage juvenile detention facilities.
Amended by 2013 Ga. Laws 127,§ 3-4, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4A - DEPARTMENT OF JUVENILE JUSTICE (§§ 49-4A-1 — 49-4A-18) › Section 49-4A-6 - Rules and regulations

(a)
The board shall adopt rules and regulations for the government, operation, administration, and maintenance of juvenile detention facilities and may also adopt such other rules and regulations for the government and operation of the department as the board may deem necessary consistent with the provisions of this chapter.
(b)
Rules and regulations adopted by the board under subsection (a) of this Code section shall recognize that a primary purpose of juvenile detention facilities is to carry out rehabilitative programs using evidence based programs or practices to the end that children housed in such facilities develop self-respect and self-reliance and acquire the necessary knowledge and skills to become good citizens who are qualified for honorable employment.
Amended by 2013 Ga. Laws 127,§ 3-6, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4A - DEPARTMENT OF JUVENILE JUSTICE (§§ 49-4A-1 — 49-4A-18) › Section 49-4A-10 - Escape from juvenile detention facility; petition; commitment

Whenever any child shall escape from any juvenile detention facility, the department shall file a petition in the court having jurisdiction and, upon conviction, he or she shall be committed for an additional 12 months in a juvenile detention facility under the jurisdiction of the department or to another institution under the Department of Corrections.
Amended by 2013 Ga. Laws 127,§ 3-10, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4A - DEPARTMENT OF JUVENILE JUSTICE (§§ 49-4A-1 — 49-4A-18) › Section 49-4A-11 - Aiding or encouraging escape; sheltering; hindering apprehension; penalty

(a)
Any person who shall knowingly aid, assist, or encourage any child who has been committed to the department to escape or to attempt to escape its control or custody shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(b)
Any person who shall knowingly harbor or shelter any child who has escaped the lawful custody or control of the department shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(c)
Any person who shall knowingly hinder the apprehension of any child under the supervision of the Department of Community Supervision or the lawful control or custody of the department who has been placed by the department in one of its institutions or facilities and who has escaped therefrom or who has been placed under supervision and is alleged to have broken the conditions thereof shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
Amended by 2015 Ga. Laws 73,§ 5-102, eff. 7/1/2015.
Amended by 2013 Ga. Laws 127,§ 3-11, eff. 1/1/2014.
Amended by 2012 Ga. Laws 771,§ 1A, eff. 7/1/2012.