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| WEEKLY LEGISLATIVE REPORT – March 17, 2006
Higher exemption level will reduce Medicaid estate seizures
By Rep. Quincy Murphy
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 Community Health’s (DCH) estate recovery program. The Perdue administration’s 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 long-term care. Originally, House Bill 1473 exempted estates valued at $25,000 or less, but the adopted amendment increased the cap threshold to $100,000. Although I still have concerns over the Governor’s estate seizure program, the House’s agreement to raise the exemption level will keep thousands of Georgians and their families from having to decide between giving up Medicaid or losing their homes. HB 1473 now goes to the Senate for its consideration.
House members were also able to put the brakes on the Governor’s proposed constitutional amendment that could have led to public education dollars being funneled to private schools in the form of vouchers. House Resolution 1345 was touted as a necessary measure to allow the state to provide funding for faith-based organizations that provide social services. I certainly support this type of faith-based funding, but recent court rulings have already upheld the ongoing practice, so there was doubt as to whether a constitutional amendment was necessary. The legislation probably would have passed easily if its supporters had allowed it to be amended with language specifically prohibiting state funding of private school vouchers. Since they were unwilling to do so, a chorus of opposition formed against the proposal, ranging from the Georgia PTA to the Georgia Council on Moral and Civic Concerns, an alliance of the state’s Southern Baptist and United Methodist Churches. Also, many lawmakers were concerned that by writing faith-based funding into the Constitution, the state would be obligated to enter into contracts with any and all sects, cults or even Satanic organizations that applied for funding. Another misleading constitutional amendment proposed by the Governor also met its demise on the House floor. HR 1045 would have amended the constitution to limit lottery revenue exclusively to Pre-Kindergarten programs and the HOPE Scholarship thereby permanently excluding the allocation of funds, when available, toward K-12 technology and capital outlay needs. A 1998 amendment already prioritizes lottery revenue for Pre-K and HOPE Scholarships, exposing HR 1045 as an election-year gimmick by the Governor, who voted against the creation of HOPE when he was in the legislature and has attempted on numerous occasions over the years to restrict and cut scholarship dollars. Merchants would be prohibited from selling customer billing 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 HB 1290, 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. HB 1008 passed 159-3 and now heads to the Senate. The House unanimously approved Senate Bill 120 on Wednesday. Under this legislation, 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.
The House adopted legislation I co-sponsored (HR 1731) that commends Tavis Smiley for facilitating the creation of the Covenant with Black America, a document that outlines how individuals, groups, communities and the body politic can move forward to make this nation better. The Georgia Legislative Black Caucus, the largest African-American legislative Caucus in America, unanimously ratified the Covenant and strongly urges and challenges every state legislative black caucus in this nation to do the same.
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