Establishment of Categories of Public Assistance; Powers and Duties in Administration of Article

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  1. The Department of Human Services is authorized to establish any of the following categories of public assistance and to adopt plans combining the administration of such categories of public assistance as the Department of Human Services may elect:
    1. Old-age assistance;
    2. Aid to the blind;
    3. Aid to the disabled;
    4. Temporary assistance for needy families; and
    5. Aid to the aged, blind, and adult disabled persons under a combined plan adopted pursuant to Title XX of the federal Social Security Act.
  2. This article shall be administered by the Department of Human Services, including the county departments of family and children services acting under the direction and supervision of the commissioner. In administering this article the department, including the county departments acting under the direction and supervision of the director of the Division of Family and Children Services, shall:
    1. Provide for maximum cooperation with other agencies, public and private, of this state, of other states, and of the federal government in rendering services to maintain and strengthen family life and to help applicants for public assistance and recipients to attain self-support or self-care;
    2. Establish and enforce such rules and regulations as may be necessary or desirable to carry out this article; provided, however, that the commissioner of the Department of Human Services may delegate to the director of the Division of Family and Children Services the responsibility for the development and issuance of procedural manuals;
    3. Cooperate in all necessary respects with agencies of the United States government in the administration of this article, and accept any funds, goods, or services available to the department for public assistance and for other welfare programs and projects;
    4. Enter into reciprocal and cooperative agreements with other agencies of this state and with agencies of any other state relative to the providing of assistance or service to residents and nonresidents; and
    5. Make reports at such times and in such form as may be required by agencies of the United States government.

(Ga. L. 1965, p. 385, § 3; Ga. L. 1967, p. 878, §§ 2, 3; Ga. L. 1982, p. 883, §§ 1, 2; Ga. L. 1984, p. 22, § 49; Ga. L. 1997, p. 1021, § 7; Ga. L. 2009, p. 453, § 2-2/HB 228.)

Cross references.

- Duty and authority of department to enforce support duty of parents whose children are receiving public assistance from department, § 19-11-1 et seq.

Editor's notes.

- Ga. L. 1997, p. 1021, § 10, not codified by the General Assembly, provides for severability.

U.S. Code.

- Title XX of the federal Social Security Act, referred to in paragraph (a)(5) of this Code section, is codified at 42 U.S.C. § 1397 et seq.

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 284 (1997).

JUDICIAL DECISIONS

Qualified alien entitled to Medicaid.

- British citizen and a legal permanent resident of the US who had entered the US in 1991 and had lived in the US continuously since then was eligible to receive Medicaid benefits; the five-year waiting period provided in 8 U.S.C. § 1613(a) did not apply to the resident because the resident had entered the country prior to August 22, 1996. Crittenden v. White, 346 Ga. App. 179, 816 S.E.2d 308 (2018).

Cited in Cox v. Cox ex rel. State Dep't of Human Resources, 255 Ga. 6, 334 S.E.2d 683 (1985).

OPINIONS OF THE ATTORNEY GENERAL

Limiting time for presentation of claims of medicaid providers.

- Department of Human Resources as administrator of Georgia's Medicaid program (now administered by Department of Community Health) is not prohibited from limiting the time within which claims of providers of medicaid services must be presented for payment. 1971 Op. Att'y Gen. No. 71-153.

RESEARCH REFERENCES

ALR.

- Eligibility of strikers to obtain public assistance, 57 A.L.R.3d 1303.


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