PocketLaw | Georgia Code | Prohibition on Expenditure or Use of State

Prohibition on Expenditure or Use of State Resources to Advocate for or Intend to Influence Citizens in Support of Medicaid Expansion Under the Federal Affordable Care Act

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Neither the state nor any department, agency, bureau, authority, office, or other unit of the state nor any political subdivision of the state shall expend or use moneys, human resources, or assets to advocate or intended to influence the citizens of this state in support of the voluntary expansion by the State of Georgia of eligibility for medical assistance in furtherance of the federal Patient Protection and Affordable Care Act, Public Law 111-148, beyond the eligibility criteria in effect on April 15, 2014, under the provisions of 42 U.S.C. Section 1396a(a)(10)(A)(i)(VIII) of the federal Social Security Act, as amended.
The Attorney General shall enforce the provisions of this Code section in accordance with Article V, Section III, Paragraph IV of the Constitution of the State of Georgia.
Nothing in this Code section shall be construed to prevent an officer or employee of the State of Georgia or of any department, agency, bureau, authority, office, unit, or political subdivision thereof from advocating or attempting to influence public policy:
1. As part of such person's official duties;
2. When acting on personal time without using state resources; or
3. When providing bona fide educational instruction about the federal Patient Protection and Affordable Care Act of 2010 in institutions of higher learning or otherwise.
Nothing in this Code section shall be construed to preclude the state from participating in any Medicaid program.

(Code 1981, §31-1-40, enacted by Ga. L. 2014, p. 243, § 1-2/HB 943; Ga. L. 2019, p. 1056, § 31/SB 52.)

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (a).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2014, "April 15, 2014," was substituted for "the effective date of this Code section" near the end of subsection (a).

Pursuant to Code Section 28-9-5, in 2019, "Medicaid" was substituted for "MEDICAID" near the end of subsection (d).

Editor's notes.

- Ga. L. 2014, p. 243, § 1-1/HB 943, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Health Care Freedom Act.' "

Law reviews.

- For article, "Georgia Health Care Freedom Act," see 31 Ga. St. U. L. Rev. 113 (2014). For note, "A Compelling Interest? Using Old Conceptions of Public Health Law to Challenge the Affordable Care Act's Contraceptive Mandate," see 31 Ga. St. U. L. Rev. 613 (2015). For note, "Charting the Middle Course: An Argument for Robust But Well-Tailored Health Care Discrimination Protection for the Transgender Community," see 52 Ga. L. Rev. 225 (2017).

CHAPTER 2 DEPARTMENT OF COMMUNITY HEALTH

Sec.

31-2-1. Legislative intent; grant of authority.
31-2-2. Definitions.
31-2-3. Board of Community Health reconstituted; powers, functions, and duties; terms of board members; vacancies; removal; chairperson; expenses.
31-2-4. Department's powers, duties, functions, and responsibilities; divisions; directors; contracts for health benefits.
31-2-5. Transfer of personnel and functions; conforming to federal standards of personnel administration; existing procedures, regulations, and agreements; rules adoption and implementation.
31-2-6. Commissioner of community health created; creation of divisions; allocation of functions.
31-2-7. (See Editor's notes.) Rules and regulations; variances and waivers to rules and regulations establishing licensure standards for facilities; exemption of classes of facilities from regulation.
31-2-8. Actions against certain applicants or licensees.
31-2-9. Records check requirement for certain health care facilities; definitions; use of information gathered in investigation; penalties for unauthorized release or disclosure; rules and regulations; retention of fingerprints [Repealed].
31-2-10. Information and comparisons regarding state-wide cost and quality of health care.
31-2-11. Biopharmaceuticals; expedited review for Georgia based companies.
31-2-12. Pilot program to provide coverage for bariatric surgical procedures for treatment of obesity and related conditions; definitions; eligibility; requirements; evaluation report on two-year pilot program [Repealed].
31-2-13. Inspection warrant.
31-2-14. Nurse aide registry; complaint filing; public access.
31-2-15. Streamlining and expediting credentialing and billing processes.
31-2-16. Rural Health System Innovation Center created; purposes and duties; reporting.
31-2-17. Redesignated.
31-2-17.1. Redesignated.
31-2-18. Redesignated.
31-2-19. Advisory Council for Public Health; members; meetings [Repealed].
31-2-20. Public Health Commission; members; purpose; authority [Repealed].

Editor's notes.

- Ga. L. 2009, p. 453, § 1-1/HB 228, effective July 1, 2009, redesignated former Chapter 5A of Title 31 as present Chapter 2 of Title 31 and combined it with former Chapter 2 of Title 31.

Administrative Rules and Regulations.

- General licensing and enforcement requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Healthcare Facility Regulation, Chapter 111-8-25.

Personal care homes, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Healthcare Facility Regulation, Chapter 111-8-62.

Law reviews.

- For article, "The Case for Streamlining Emergency Declaration Authorities and Adapting Legal Requirements to Ever-Changing Public Health Threats," see 67 Emory L.J. 397 (2018). For article, "Do State Lines Make Public Health Emergencies Worse? Federal Versus State Control of Quarantine," see 67 Emory L.J. 491 (2018).

JUDICIAL DECISIONS

Cited in Porubiansky v. Emory Univ., 156 Ga. App. 602, 275 S.E.2d 163 (1980).

RESEARCH REFERENCES

ALR.

- Liability of governmental agency for emergency medical or surgical services rendered to poor person without its express authority, 30 A.L.R. 900.

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