O.C.G.A. § 30-9-5 authorizes the establishment of the ABLE Program and states that only one ABLE account may be established for any eligible individual. The Corporation would be grated authority to enter into an agreement with another state that allows its residents to participate in the Georgia ABLE Program. If the ABLE program is terminated by law, the amount held in the trust fund shall be return. This section also includes a pledge that the State will not limit or alter beneficiaries' rights until such program's obligations are met.
O.C.G.A. § 30-9-6 provides that the board shall establish, implement, and maintain the program under Section 529A of the Internal Revenue Code. It also provides for the marketing of the program and makes participation agreements and ABLE accounts available to eligible individuals. O.C.G.A. § 30-9-7 outlines the terms and conditions the participation agreement, as follows:
The participation agreement shall not constitute a debt of obligation of the State
Participation in the program does not guarantee that sufficient funds will be available to cover all expenses for a beneficiary
Establishment of an ABLE account in violation of federal law is prohibited
Contributions greater that set forth in Section 529A of the Internal Revenue Code are prohibited
The State is a creditor of ABLE accounts
Material misrepresentation by a party other than the Georgia ABLE Corporation may result in involuntary liquidation of the ABLE account. If that happens, the beneficiary is entitled to a refund.
Participation agreements may also include terms and conditions specifying:
The requirements and restrictions for opening an ABLE account
Eligibility requirements
Contribution requirements
Requirements for directing the investment of such contributions
The administrative fee or any other fees
Terms under which an ABLE account or participation agreement may be modified or terminated
Such participation agreements may be amended for the purpose of allowing a participant to increase or decrease their level of participation.
O.C.G.A. § 30-9-8 authorizes the board to create the Georgia ABLE Program Trust Fund, which shall be administered by the Office of the State Treasurer. The trust fund will receive and hold all payments, contributions, deposits, gifts, bequests, endowments, grants and any other public or private source of funds until disbursed. Amounts in the trust fund are not to be commingled with state funds and the state shall have no claim to such funds apart from fees. The trust fund will continue as long as it has funds belonging to an account contributor. Account contributors would only be able to contribute cash. O.C.G.A. § 30-9-9 provides that ABLE account property and income are to be subject to taxation as provided in Code Section 48-7-27.
O.C.G.A. § 30-9-10 authorizes the board to establish an investment plan for the investing of trust fund moneys. The board is to consider the risks and expected rate of return on investments and anticipated investments. The board is authorized to contract with financial organizations, investment managers, evaluation services, or other entities determined by the board. All contractors and consultants shall be selected by competitive solicitation. All investments are to be registered in the name of the corporation. The board may approve different investment plans and may require assistance of investment counseling. O.C.G.A. § 30-9-11 provides that, when determining an applicant's eligibility to participate in Georgia's ABLE program, the agency may not consider the amount in the individuals ABLE account established through another State's ABLE program.
O.C.G.A. § 30-9-12 requires the board to prepare an annual report detailing the accounting of the trust fund at the end of each fiscal year. This report shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives. It shall also be made available to account contributors upon written request. Additionally, quarterly statements shall be provided to each designated beneficiary, at least four times a year, outlining the details from the previous quarter.
O.C.G.A. § 30-9-13 provides that the Department of Community Health; the Department of Behavioral Health and Developmental Disabilities; the Department of Human Services; the Georgia Vocational Rehabilitation Agency; and the Department of Education are to assist with the provision of public information and outreach for the program.
O.C.G.A. § 30-9-13 provides that, upon the death of a designated beneficiary, the Department of Community Health and the Medicaid program for another state may file a claim with the Georgia ABLE Program for the total amount of medical assistance provided.
O.C.G.A. § 30-9-15 provides that moneys paid into or out of an ABLE account are not liable to attachment, levy, garnishment, or legal process in favor of a creditor against a beneficiary.
O.C.G.A. § 30-9-16 provides that participation agreements and related account information are not constituted as 'public records' and shall not be open to inspection by the general public. From the date of creation of the record until the end of the calendar quarter in which the record is created, neither bank statements or investment trade tickets are to be available for inspection by the general public.
O.C.G.A. § 48-7-27 is amended to provide that qualified withdrawals from ABLE accounts shall not be subject to income taxation. For non-qualified withdrawals from such accounts, the proportion of earnings in the account balance at the time of the withdrawal shall apply to the total funds withdrawn to determine the earnings portion to be included in the beneficiaries taxable net income in the year of the withdrawal.
Lastly, O.C.G.A. § 50-13-2 is amended by adding the Georgia Able Program Corporation in the list of State agencies.
HB770
(1) Efstration, Chuck 104th
HC: Judiciary Non-Civil
Mar/16/2016 - Senate Passed/Adopted
Rep. Chuck Efstration (R-Dacula), would amend O.C.G.A. § 16-5-46, relating to punishments for trafficking of persons for sexual servitude, to provide that 'developmental disability' shall have the same meaning as set forth in O.C.G.A. § 37-1-1. 'Controlled Substance' shall have the same meaning as set forth in O.C.G.A. § 16-13-21. With this legislation, the fact that an undercover law enforcement officer was involved in the investigation of an offense would not constitute a defense to prosecution under this code section; however, O.C.G.A. § 16-3-25 may still provide an absolute defense.
Rep. Bruce Broadrick (R-Dalton), amends Chapter 13 of Title 16 to provide for an "annual update" to Georgia's dangerous drug list relating to Schedules I and IV controlled substances. Additionally, it adds in O.C.G.A. § 16-131-71 a new subsection (b.1) to provide for the creation of a "restricted dangerous drug list." This is "any other drug or substance declared by the General Assembly to have no medical use, which cannot be legally prescribed by a practitioner, and which cannot be manufactured, grown, produced, distributed, used, or otherwise possessed in this state; to include any of the following drugs, chemicals, or substances: salts, isomers, esters, ethers, or derivatives of such drugs, chemicals, or substances which have essentially the same pharmacological action; and all other salts, isomers, esters, ethers, and compounds of such drugs, chemicals, or substances unless specifally exempted, identified as restricted dangerous drugs: (1) mitraynine; (2) 7-hydroxymitragynine; (3) genus Mitragyna; (4) salvinorin A; and salvia divinorum – except as otherwise provided for in paragraph (4.3) of Code Section 16-13-72."
HB796
(1) Kirby, Tom 114th
HC: Judiciary Non-Civil
Jan/25/2016 - House Second Readers
Rep. Tom Kirby (R-Loganville), addresses rights and responsibilities of individuals with disabilities who use service animals in Chapter 4 of Title 30. The changes will apply to individuals who have issues with "major life activities" (ambulating, seeing, hearing, learning, working, and interacting with others) and applies to individuals who are physically or mentally impaired and cannot perform one or more of these major life activities. It defines "service animal" in O.C.G.A. § 30-4-1(4) which is "an animal that is trained to assist, do work, or perform tasks for a physically or mentally impaired person and which is actually utilized for the purpose of aiding such person in performing one or more major life activities. Such term shall also include animals actively being trained to assist, do work, or perform tasks for a physically or mentally impaired person." Currently, Georgia law permits totally or partially blind individuals to be accompanied by guide dogs and these changes broadens the permission for service animals. It establishes a new Code Section at O.C.G.A. § 30-4-4 so that the Department of Human Services may authorize private service organizations that provide assistance to disabled individuals to create and issue information cards containing the Department's seal which briefly detail the rights of physically or mentally impaired persons and the penalty for denial of, or interference with, such rights. It also adds in O.C.G.A. § 30-4-5 language so that if any individual who knowingly and willfully misrepresents himself or herself as qualified to use or train a service animal in order to obtain accommodation or secure rights would be guilty of a misdemeanor of a high and aggravated nature and upon conviction would be punished by a fine not to exceed $2,000.00, imprisonment for not more than 30 days or both. The bill also alters current law for "assistance dogs" in O.C.G.A. § 16-11-107.1, making conforming references to "service animal" and also makes it felony if someone is convicted of knowingly and intentionally destroys or causes physical harm to a service animal and sets punishment of not less than one nor more than five years, a fine not to exceed $10,000.00 or both.
HB803
(1) Waites, Keisha 60th
HC: Juvenile Justice
Jan/25/2016 - House Second Readers
A BILL to be entitled an Act to amend Code Section 15-11-2 and Title 19 of the Official Code of Georgia Annotated, relating to definitions for the Juvenile Code and domestic relations, respectively, so as to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for terminating parental rights; to revise definitions; to provide that causing a child to be conceived as a result of violating certain prohibitions relating to certain offenses is an additional ground for losing parental rights and is relevant in certain adoption proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Analysis to be added.
HB809
(1) Frye, Spencer 118th
HC: Ways & Means
Jan/26/2016 - House Second Readers
Rep. Spencer Frye (D-Athens) amends Georgia's property tax exemptions as found in O.C.G.A. § 48-5-41 to provide an exemption from ad valorem taxation for housing furnished by a nonprofit organization to physically disabled persons. Currently, Georgia's law already permits such exemption for homes owned by nonprofits for mentally disabled. The initiative would, if passed, be placed on the November 2016 ballot to be either approved or rejected by voters.
HB819
(1) Kendrick, Dar'shun 93rd
HC: Education
Jan/26/2016 - House Second Readers
Rep. Dar'shun Kendrick (D-Lithonia), adds a new Code Section at O.C.G.A. § 20-2-779.2 to require that the Department of Education, in consultation with the Department of Behavioral Health and Developmental Disabilities and mental health experts, develop a list of training materials for awareness of mental health, behavioral disabilities, and learning disabilities which may include training materials currently utilized by a local school system. It does add language that no person "shall have a cause of action for any loss or damage caused by any act or omission resulting from any training, or lack thereof, conducted pursuant to this Code Section." The training, or lack thereof, is not to be construed to impose any specific duty of care.
HB825
(1) Smith, Earnest 125th
HC: Juvenile Justice
Mar/16/2016 - Senate Passed/Adopted By Substitute
Rep. Earnest Smith (D-Augusta) seeks to create the "Protecting Military Children Act" at O.C.G.A. §9-7-5 to provide that in the event of a report of child abuse by a military parent or guardian, the child welfare agency is to notify the Department of Defense Family Advocacy Program. It further adds that filing a report of child abuse to military law enforcement to the reporting of child abuse to an appropriate police authority is permitted.
HB827
(1) Holcomb, Scott
HC: Judiciary Non-Civil
Feb/11/2016 – House Committee Favorably Reported by Substitute
Rep. Scott Holcomb (D-Atlanta), amends O.C.G.A. § 35-1-2, regarding law enforcement officers, to provide requirements for submitting evidence which is collected from a forensic medical examination to the Georgia Bureau of Investigation – placing a duty on each law enforcement officer who is responsible for having a forensic medical examination performed on an individual to provide email notification to the GBI within 72 hours of collecting such evidence that it has been collected and to ensure that the evidence submitted to the GBI is done within 30 days of its collection. Law enforcement officers are also to create a list of evidence which is the result of such forensic medical examination. Beginning December 1, 2016, the GBI is also to issue an annual report detailing the number of cases for which it has tested evidence and the number of cases for which it is storing evidence pursuant to this code section. If passed, this will be known as the "Pursuing Justice for Rape Victims Act."
HB838
(1) Blackmon, Shaw 146th
HC: Insurance
Mar/22/2016 - Senate Tabled
Rep. Shaw Blackmon (R-Bonaire), seeks to add a new Code Section at O.C.G.A. § 33-24-59.20 which requires that any insurance carrier which issues a health benefit plan through an insurance agent in Georgia to fairly compensate that agent for his or her ongoing services. "Each carrier that issues, enrolls, or delivers health benefit plans through an agent in this State who reviews coverage and provides ongoing customer service shall compensate such agent a minimum of 5 percent of collected premiums. This compensation shall be a minimum of 5 percent of the carrier's collection of premiums for the life of each policy which shall include the first year and each renewal contract year thereafter." The provisions will not apply to health benefit plans sold through agents to "large employers" ("any person, firm, corporation, partnership association, political subdivision, or sole proprietor that is actively engaged in a business that, at the time of a health benefit plan application, employed more than 50 eligible employees on at least 50 percent of its working days during the preceding calendar quarter and for which exists a bona fide employer-employee relationship"). Large employer qualifiers are included as well – companies which are affiliated companies or companies eligible to file combined tax returns for State taxation are to be considered as one employer and the size of the employer is to be determined annually prior to the issuance of the health benefit plan.
HB845
(1) Setzler, Ed 35th
HC: Judiciary Non-Civil
Feb/11/2016 - House Committee Favorably Reported By Substitute
Rep. Ed Setzler (R-Acworth), proposes changes to Article 2 of Chapter 3 of Title 16 to provide for immunity from criminal liability for the possession of certain materials or images. It is to aid law enforcement as well as DFCS within the Department of Human Services when the health and safety of a child are adversely affected and threatened by the conduct of another. It outlines in O.C.G.A. § 16-3-22.1 that:
Any individual who in good faith has possession of materials or images that are in violation of Article 3 of Chapter 12 of this title shall be immune to the same extent as a law enforcement officer would be immune from criminal liability for such possession when such possession is for the purpose of reporting such violation: 1) to law enforcement officials or 2) as allowed and required by Code Section 19-7-5.
HB847
(1) Clark, David 98th
HC: Judiciary Non-Civil
Feb/19/2016 - Senate Read and Referred
Rep. David Clark (R-Buford), seeks to address fraud in obtaining public assistance, food stamps, or Medicaid benefits. This legislation is drawn after he chaired a House Study Committee on these issues over the fall. It makes a number of proposed changes:
Redesignates O.C.G.A. § 49-4-15 as O.C.G.A. § 16-9-63 so that individuals who knowingly or intentionally aids or abets a person in obtaining or attempting to obtain (i) any grant or payment of public assistance, food instruments, or medical assistance (Medicaid) to which he or she is not entitled; (ii) a larger amount of public assistance, food instrument allotment, or medical assistance (Medicaid) than that to which he or she is entitled; or (iii) payment of any forfeited grant of public assistance will be guilty of a misdemeanor.
It also changes references to "food stamp coupons" and "food stamp allotments" to food stamp instruments and allotment of a food instrument. Food stamp instrument is defined as a "voucher, check, electronic benefits transfer card, coupon, or other document that is used to obtain public assistance."
HB875
(1) Hawkins, Lee 27th
HC:
Feb/02/2016 - House Second Readers
Rep. Lee Hawkins (R-Gainesville), addresses Chapter 24 of Title 33 to require issuers of health benefit policies to provide certain information to enrollees and establish certain processes and limits relating to specialty drugs at O.C.G.A. § 33-24-59.20. If passed, this provision will be known as the "Patient Access to Specialty Tier Drugs Act." "Specialty drug" is defined as "any generic or brand name drug which may be identified by an issuer of a health benefit policy as a high cost drug used to treat complex or rare medical conditions." It is to ensure that a copayment, coinsurance or other form of cost sharing for a covered specialty drug for an individual prescription not exceed $200.00 for 30 day supply; $1,000.00 per insured; and $2,000.00 per insured family per plan year; make available standardized definitions of drug tiers, posted on the website with drug formularies, drug costs, prior authorization information and other key resources and establish a dedicated pharmacy consumer service phone line for advocates, physicians and prospective consumers to call for inquires; establish an exception approval process; and ensure that prior authorization approvals for specialty drugs not be changed for the duration of the plan year.
HB910
(1) Frye, Spencer 118th
HC:
Mar/24/2016 - Senate Agreed House Amend or Sub
Rep. Spencer Frye (D-Athens), would amend O.C.G.A. § 31-33-3 to provide that the provisions relating to the costs of copying and mailing patient records now applies to psychiatric, psychological, and other mental health records of a patient.
HB916
(1) Hightower, Dustin 68th
HC:
Mar/24/2016 - Senate Passed/Adopted
Rep. Dustin Hightower (R-Carrollton), proposes to amend O.C.G.A. § 26-4-118 by removing an exception relating to audits conducted by the Department of Community Health. A new Code section would be added at O.C.G.A. § 49-4-151.1 to provide that a clerical or record-keeping error done by a provider, regarding reimbursement for medical assistance, shall not constitute fraud or constitute a basis to recoup full payment for the provided assistance. No recoupment of the costs shall be allowed except in cases when the error resulted in overpayment, though the recoupment would be limited to the amount overpaid. A provider has 30 days of the receipt of notice of the error to complete the documentation. A new code Section would also be added at O.C.G.A. § 50-1-10 to require that no State agency that provides reimbursement to another entity shall establish any rules requiring full withholding of reimbursement for any clerical or record keeping-error. Such errors include typographical errors, scrivener's errors, or computer errors, etc. Any such error would not in and of itself constitute fraud. No withholding of reimbursement shall be allowed if the error has been resolved in accordance with subsection (b), provided that recoupment shall be allowed if the error resulted in overpayment. In this case, recoupment shall be limited to the amount overpaid. An entity would be afforded the right to a hearing in accordance with the "Georgia Administrative Procedure Act" in Chapter 13 of Title 50 to address any attempted withholding of reimbursement by such State agency relating to an error in documentation.
