Quick answer: Long-term care insurance in Georgia is regulated by the Office of Insurance and Safety Fire Commissioner under O.C.G.A. Title 33, Chapter 42, and Rules 120-2-16. Georgia takes part in the Long-Term Care Partnership program, which lets a qualified policy protect assets dollar for dollar from Medicaid.
Long-term-care insurance sold in Georgia falls under the state's Office of Insurance and Safety Fire Commissioner, operating under O.C.G.A. Title 33, Chapter 42 (Georgia Code Title 33, Chapter 42; Georgia Office of Insurance and Safety Fire Commissioner).
The finer print — benefit triggers, required disclosures, advertising standards, and minimum home-health and community-care benefits — lives in a separate set of rules, Chapter 120-2-16, including the specifics laid out in Rule 120-2-16-.12 (Georgia Long Term Care Insurance Rules; Rule 120-2-16-.12).
None of that regulatory framework substitutes for reading an actual policy. Benefit triggers, exclusions, inflation protection, and premium history all vary by insurer and contract, so they need to come from the policy itself rather than being inferred from the general state rule.
Does Georgia have a Long-Term Care Partnership program?
Yes. Georgia takes part in the Long-Term Care Partnership program created by the federal Deficit Reduction Act of 2005 (DRA). DRA Partnership states follow consumer-protection standards drawn from the National Association of Insurance Commissioners (NAIC) Long-Term Care Insurance Model Act and Model Regulation. A Partnership-qualified policy gives you dollar-for-dollar asset protection: for every dollar the policy pays in benefits, Georgia Medicaid can disregard a dollar of your assets when it decides eligibility, and the same amount is protected from estate recovery after death.
How the protection works (illustrative): if a Partnership policy pays $200,000 in benefits before you apply for Medicaid, Medicaid can disregard $200,000 of your assets on top of the state's regular asset limit, and that same amount is protected from Medicaid estate recovery later.
What makes a policy Partnership-qualified
- It's a tax-qualified long-term care policy under Internal Revenue Code § 7702B.
- It meets the state's Partnership consumer-protection standards and is issued while you're a resident of a Partnership state (each state sets its own start date and residency rule).
- It carries the required inflation protection for your age when you buy: compound annual protection if you're under 61, some level of protection from 61 through 75, and optional protection at 76 or older.
If you move to another state
Georgia appears on the New York State Partnership for Long-Term Care's reciprocity map as a Partnership state that honors reciprocity. In general, a Partnership policy bought in another reciprocal state keeps its dollar-for-dollar protection here, and a Georgia policy keeps it in other reciprocal states.
The original four: California, Connecticut, Indiana and New York started their Partnership programs before the Deficit Reduction Act of 2005. Their programs were designed separately from the NAIC-based DRA model, so their rules differ (for example, some offered Total Asset protection), and California doesn't take part in reciprocity. If you bought a policy in one of these states, confirm how it's treated with the Medicaid agency where you'll apply.
Not every insurer offers Partnership-qualified policies in every state. When you compare quotes, ask whether each policy is Partnership-qualified in Georgia.
Questions and answers
Who regulates long-term care insurance in Georgia?
The Georgia Office of Insurance and Safety Fire Commissioner. The law is O.C.G.A. Title 33, Chapter 42. The detailed rules on benefit triggers, disclosures, advertising and minimum home-care benefits are in Chapter 120-2-16.
Does Georgia have a Long-Term Care Partnership program?
Yes. Georgia takes part in the Partnership program created by the Deficit Reduction Act of 2005.
How does Partnership asset protection work?
For every dollar a Partnership policy pays in benefits, Georgia Medicaid can disregard a dollar of your assets. If a policy pays $200,000, you can keep $200,000 more than the regular limit, and that amount is protected from estate recovery.
Do the state rules tell me what my policy covers?
No. Benefits, exclusions, inflation protection and premium history vary by insurer and contract, so read the policy itself.
Sources and official resources
- Georgia Medicaid: Georgia Long Term Care Partnership
- Georgia DFCS Medicaid Manual: 2348 Long-Term Care Insurance Partnership
- Georgia Medicaid: Long Term Services and Supports
- New York State Partnership for Long-Term Care: State Partnership Programs and Reciprocity map
- U.S. Code: 42 U.S.C. § 1396p (liens, estate recovery, transfers of assets, Partnership disregard)
Rules and figures change. Confirm current details with the agency before you act.