House amendment reduces estate seizures
I am pleased to report that the House of Representatives agreed to an amendment that would provide a $100,000 exemption for Medicaid patients whose property would be subject to the Department of C o m m u n i t y Health's (DCH) estate recovery program.
The plan, which takes effect May 1, responds to a federally mandated initiative that requires the state to recoup Medicaid assistance incurred by nursing home patients. DCH has been formulating the program's regulations for more than two years and recently mailed out 40,000 letters to Georgians receiving longterm care.
Originally, the plan exempted estates valued at $25,000 or less, but the adopted amendment increased the cap threshold to $100,000. During the debate on this issue, I spoke in favor of the higher exemption, despite other lawmakers' concerns that the federal government would not approve of the increase. But it would be better to argue this with Washington bureaucrats later if necessary than to unnecessarily shortchange Georgia seniors.
The underlying bill, which I cosponsored, would require any state official to receive approval by the General Assembly before requesting Medicaid or Medicare waivers from the federal government. The measure now goes to the Senate for its consideration.
Other important legislation approved by the House this week and sent to the Senate would:
Dedicate state aviation fuel sales tax revenues to airport funding. This will help rural airports across Georgia, including our local airports in Greene and Wilkes counties.
Provide a tax exemption for watercraft that has been held in inventory for sale for a period of time. I co-sponsored this legislation.
Create the Georgia Assignment Pool Underwriting Authority to provide an alternative coverage mechanism that would enhance the availability of individual health insurance.
Expand the definition of and increase the penalties for offenses related to criminal gang activity.
Set rules and regulations for the Long-term Care Partnership Program, a qualified long-term care insurance partnership policy. I also cosponsored this legislation.
Call for a statewide referendum to provide a homestead exemption on the state portion of ad valorem taxes for citizens 65 and older.
Establish requirements for owners of vicious dogs with regard to fencing and leash use and penalties for violations.
Two proposed amendments to the state Constitution failed to receive the required two-thirds majority vote for approval in the House. One of the proposals would have given the state Constitutional authority to provide funding to faith-based agencies that provide social services in their communities. The other measure would have restricted the allocation of lottery proceeds to the HOPE Scholarship and pre-kindergarten programs.
Also failing to gain enough votes for approval in the House was a bill that would have allowed pharmacists to refuse to fill prescriptions for certain contraceptive drugs, even if the pharmacy owner has a policy to fill those prescriptions.
Merchants would be prohibited from selling customer phone records under a measure unanimously approved by the House. Recently, outrage ensued following media reports of a website that offers the same detailed billing statements that consumers receive every month. Under this bill, illegally giving or receiving a customer's phone records would garner a maximum penalty of up to 10 years imprisonment or a $250,000 fine. The measure was applauded by the telecom industry.
The House also passed a measure enabling hospices to extend care up to two years for terminally ill patients. Because of Medicaid and Medicare reimbursement guidelines, current law limits applicable hospice care to six months. The bill passed 159-3 and now heads to the Senate.
The House unanimously approved legislation under which voice over internet wireless and broadband would have any existing regulations lifted and could not be regulated by the Public Service Commission in the future. Supporters assert the measure is essential in keeping Georgia at the apex of cutting edge communication technology. It will also facilitate more market based competition, which would ultimately benefit consumers. Concerns were initially raised over limiting the power of the Public Service Commission, but the PSC would continue to be engaged in consumer-based communication services. Having already passed the Senate, the bill now goes to the governor for his signature.
Rep. Mickey Channell represents the 116th District (Greene, Oglethorpe, Putnam and Wilkes Counties) in the Georgia House of Representatives. Contact him at 608 Coverdell Office Building, Atlanta, Ga. 30334; by phone at 404-6560298 or by e-mail at mickey. channell@house.ga.gov.







