Title 37, Chapter 9, Section 8
( 37-9-8)
(a) In addition to the use of income for determining assessments
provided for in this chapter and for the payment thereof, any other
assets of a person liable for cost of care, except as provided in
subsection (b) of this Code section, shall be considered in
determining an assessment and shall be liable to be assessed for the
payment thereof. Such assets shall include any tangible or
intangible property or any combination thereof and shall also
include the net proceeds derived from the disposition of any such
property including any disposition of any such property which took
place 90 days or less prior to the date services were first rendered
to the patient by a hospital. When the income of a person liable for
cost of care is sufficient to determine that an assessment should be
made for the total cost of care, it shall not be necessary for the
department to investigate and determine the other assets of such
person; but such investigation and determination may be made by the
department if necessary to collect the assessment from the person
liable for cost of care. (b) The following assets of a person liable for cost of care shall
be exempt from subsection (a) of this Code section: (1) Real property which qualifies for a homestead exemption from
ad valorem taxation; and (2) Any other real property which constitutes the principal
residence of the person liable for cost of care but which does not
qualify for a homestead exemption under paragraph (1) of this
subsection. (c) Notwithstanding any other provisions of this Code section, as of
January 1, 1993, following six months of continuous inpatient
hospitalization, the department is expressly authorized to levy an
assessment for the full cost of care against the assets of all
patients having assets accumulated from government benefit payments
in excess of amounts allowed by the eligibility resource limit for
institutionalized residents established by Title XIX of the federal
Social Security Act of 1935, as amended, and regulations promulgated
pursuant thereto, until said assets are reduced to a level which
would establish resource eligibility under such program for the
patient; provided, however, that the assets listed in subsection (b)
of this Code section shall be exempt from such assessment if said
assets would also be an excluded resource under eligibility criteria
of Title XIX of the federal Social Security Act. Following April 13,
1992, the department shall provide notice regarding the provisions
of this subsection to patients and family members or other
appropriate persons who may be affected by the provisions of this
subsection. (d) Nothing in this Code section shall be construed to supersede the
provisions of Chapter 12 of Title 53, the "Georgia Trust Act." |