09
SB165/AP
Senate
Bill 165
By:
Senators Goggans of the 7th, Williams of the 19th, Hill of the 4th, Hawkins of
the 49th and Hill of the 32nd
AS
PASSED
AN
ACT
To
amend Title 49 of the Official Code of Georgia Annotated, relating to social
services, so as to authorize the Department of Community Health to obtain income
eligibility verification from the Department of Revenue for applicants for
Medicaid and the PeachCare for Kids Program; to provide for related matters; to
provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
49 of the Official Code of Georgia Annotated, relating to social services, is
amended in Code Section 49-4-146.1, relating to unlawful acts, violations and
penalties, recovery of excess amounts, termination and reinstatement of
providers, and the duty of the department to identify and investigate violations
and notify proper authorities under the Medicaid program, by adding a new
subsection to read as follows:
"(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."
SECTION
2.
Said
title is further amended in Code Section 49-5-273, relating to the creation of
the PeachCare for Kids Program, by adding a new subsection to read as
follows:
"(o)
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 health care 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."
SECTION
3.
This
Act shall become effective on January 1, 2010.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.