February 16, 2024

This Week under the Gold Dome

 With six legislative days remaining until “Crossover Day,” House and Senate committees met throughout the week to conduct business with a lot to show for it below.  Next week, members are scheduled to return for three legislative days on Tuesday following observance of President’s Day.  Next week will be a critical week for pending legislation this session.  If a bill fails to pass the House or Senate on its own prior to adjournment on February 29th, the bill is “dead” for the remainder of session.

Speaker Jon Burns (R-Newington) also announced the appointment of Representative Butch Parrish (R-Swainsboro) as chairman of the House Rules committee.  Chairman Parrish will succeed the late Chairman Richard Smith (R-Columbus) who passed away earlier this month.  Prior to his new chairmanship, Chairman Parrish led the House Special Committee on Healthcare that was established to coordinate health legislation among multiple committees, and he has been instrumental in state appropriations in the health and human services arena for many years.  As chairman of the Rules committee, he and his committee members decide whether a bill or resolution will be scheduled for a vote on final passage.

Here is this week’s summary of legislation signed into law, bills passed by the House or Senate chamber, newly introduced measures, and actions taken by committees:

 

Signed into Law:

 SB 333:  City of Mulberry

  • Incorporates the City of Mulberry, Georgia in Gwinnett County.
  • Signed into law by Governor Brian Kemp on February 13, 2024.

 

Bills Passed by the House or Senate:

HB 576:  Nondiscrimination in organ transplant recipient eligibility based solely upon COVID-19 vaccination status

  • Introduced by Representative Joseph Gullett (R-Dallas).
  • The bill would prohibit healthcare providers and facilities from discriminating against potential organ transplant recipients due solely to the COVID-19 vaccine status of the potential recipient, adding such vaccination status to existing protections for individuals with disabilities.
  • The House passed the bill by a vote of 98 – 71.

HB 991:  Medicaid Hospital Provider Payment Program (“bed tax”) reauthorization

  • Introduced by Representative Shaw Blackmon (R-Bonaire).
  • Reauthorizes the DCH Board to continue to administer the hospital “bed tax” program through June 30, 2030.
  • The House passed the bill by a vote of 157 – 1.

HB 546:  Allowing pharmacists to make “adaptations” in filling prescription drug orders

  • Introduced by Representative Rick Jasperse (R-Jasper).
  • The bill authorizes pharmacists to make limited adaptations when filling a prescription drug. For example, a pharmacist would be authorized to dispense two 250 mg tablets of a drug in lieu of one 500 mg tablet of the same drug.
  • The House passed the bill.

HB 1037:  The “Georgia Commission on Maternal and Infant Health”

  • Introduced by Representative Lauren Daniel (R-Locust Grove).
  • The bill would establish the Georgia Commission on Maternal and Infant Health within the Department of Public Health.
  • The bill passed the House by a vote of 160 – 0.

New Bills introduced this week:

SB 505:  Withholding state funding to hospitals who are noncompliant with increased financial transparency requirements

  • Introduced by Sen. Blake Tillery (R-Vidalia).
  • The bill requires DCH to prescribe standardized reporting templates, requires DCH to enforce penalties for noncompliance, and provides additional requirements related to public posting of such information on a hospital’s website. Penalties for noncompliance are increased from potential withholding of funds available through the Rural Hospital Tax Credit to potential withholding of any funds administered by the state.
  • The bill was referred to the Senate Regulated Industries committee.

SB 480:  Student loan repayment program for mental health and substance use disorder professionals

  • Introduced by Senator Mike Hodges (R-Brunswick).
  • would introduce a program for student loan repayment for mental health and substance use professionals serving in specific capacities.
  • Referred to the Senate Health and Human Services Committee.

SB 481:  Georgia Health Care Professionals Data System

  • Introduced by Senator Mike Hodges (R-Brunswick).
  • The bill would establish the Georgia Health Care Professionals Data System and would mandate state licensing boards to provide data on licensed health care professionals to the system.
  • Referred to the Senate Health and Human Services committee

HB 1264:  Professional Counselor, Social Worker, Marriage and Family Therapist, and Nurse professional health monitoring and rehabilitation program

  • Introduced by Representative Ron Stephens (R-Savannah).
  • The bill would authorize the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, as well as the Georgia Board of Nursing, to establish professional health programs responsible for monitoring and rehabilitating impaired healthcare professionals.  The bill provides confidentiality protections for program participants and liability protections for contractors operating the program(s).
  • HB 1264 was assigned to the House Health Committee.

SB 500:  Classification of ground ambulance services

  • Introduced by Senator Clint Dixon (R-Gwinnett).
  • The bill would define “ground ambulance service” as an ambulance service that operates motor vehicles registered with the Department of Public Health that are specifically constructed and equipped for emergency transportation of patients. This bill also states that the Board of Community Health could establish subclasses of ground emergency ambulance services.
  • The bill was assigned to the Senate Health and Human Services Committee.

 HB 1028:  Standing order for Post-Exposure Prophylaxis (PEP) for the prevention of HIV

  • Introduced by Representative John LaHood (R-Valdosta).
  • The bill authorizes the State Health Officer (DPH Commissioner Kathleen Toomey, M.D.) to issue a standing order for post-exposure prophylaxis drugs for the prevention of HIV on a statewide basis in the same way as is currently allowed for opioid antagonists. Additionally, this bill allows the Department of Public Health to determine which diseases should be classified as “sexually transmitted diseases” through rules and regulations. Sanitation and inspection requirements for transporting law enforcement agencies would then apply to any new diseases added to this definition by the Department.
  • The bill was referred to the House Public Health committee.

Bills under committee consideration this week:

HB 1072:  Donated Prescription Drug repository

  • Introduced by Representative Sharon Cooper (R-Marietta).
  • The bill authorizes the Department of Public Health to establish a drug repository program to accept and dispense donated over the counter and prescription drugs to eligible patients.The bill would mandate hospitals, pharmacies, and state programs to provide referral information to the program for eligible drugs and would provide a sales tax exemption for eligible recipients participating in the drug repository program.
  • HB 1072 passed out of committee unanimously.

HB 1114:  The “Data Analysis for Tort Reform Act”

  • Introduced by Representative Will Wade (R-Dawsonville).
  • This bill would establish a framework for data collection from insurers, insurance rating organizations, and state agencies related to tort claims and tort claim liability. The bill is an “Administration bill” designed to provide the Insurance Commissioner’s office authority to collect and analyze insurance market data to inform potential tort reform legislation in later sessions.
  • This bill passed unanimously out of committee.

HB 1170:  Requiring opioid antagonists in state government buildings

  • Introduced by Representative Lee Hawkins (R-Gainesville).
  • All qualified government buildings and courthouses would be required to maintain a supply of opioid antagonists and ensure accessibility during regular and non-business hours. This bill would also require government entities to establish and implement internal training policies for opioid antagonist administration, with immunity provided for individuals involved. Immunity from civil liability or professional discipline is granted to employees, officers, agents, and contractors of government entities and trained individuals involved in opioid antagonist administration.
  • The bill passed out of the House Public Health committee.

HB 924:  Pharmacy “white bagging”

  • Introduced by Representative Mandi Ballinger (R-Canton).
  • The bill reflects current language in a multiyear effort to prohibit insurers from forcing patients and providers to source specialty pharmacy products for infusion from an insurer’s designated third party pharmacy.
  • The bill passed out of the House Public Health committee.

HB 1081:  The “Georgia Preeclampsia Biomarker Testing Act of 2024”

  • Introduced by Representative Darlene Taylor (R-Thomasville).
  • The bill would mandate preeclampsia biomarker testing for pregnant women during their first prenatal visit and would require health benefit policy coverage for preeclampsia biomarker testing for pregnant women during their first prenatal visit and as deemed necessary by an attending physician. This bill would apply to Georgia Medicaid, CHIP, and state-regulated health insurance plans.
  • HB 1081 passed out of the House Public Health committee.

SB 433:  The “Donor Intent Protection Act”

  • Introduced by Senator Bill Cowsert (R-Athens).
  • The bill prohibits charitable organizations from violating the terms of charitable contributions made with donor-imposed restrictions, except as required or authorized by federal or state law or a valid court order.
  • The bill passed out of the Senate Regulated Industries and Utilities committee.

HB 745:  Nurse staffing in hospitals

  • Introduced by Representative Trey Kelley (R-Cedartown).
  • The bill requires hospitals to establish nurse staffing committees composed of representatives from various nursing services to develop written nurse staffing plan recommendations to hospital leadership. The Georgia Hospital Association (GHA) and Georgia Nurses Association (GNA) have worked collaboratively with the author to reach compromise language currently under consideration.
  • Passed by the House Health committee.

SB 293:  Department of Public Health (DPH) Commissioner appointment of District Health Directors

  • Introduced by Senator Ben Watson (R-Savannah).
  • Changes authority to appoint District Health Directors from county Boards of Health to the Commissioner of the Georgia Department of Public Health (DPH), requires such appointees to be a licensed physician.
  • Passed by the Senate Health and Human Services committee.

SB 16:  The “Georgia EMS Reform Act”

  • Introduced by Senator John Albers (R-Roswell).
  • The bill would make significant changes to the organization and administration of EMS services statewide.
  • The Senate Health and Human Services heard testimony on the bill; no vote was taken.

SB 76:  Insulin cap for beneficiaries of the State Health Benefit Plan (SHBP) and Board of Regents Health Plan

  • Introduced by Senator Nikki Merritt (D-Grayson).
  • The bill would prohibit Pharmacy Benefit Administrators contracted to administer benefits on behalf of the State Health Benefit Plan (SHBP) or the Board of Regents Health Plan from imposing member cost sharing requirements for insulin that exceed $35 or $105 per 30 day or 90-day supply, respectively.
  • The bill was passed by the Senate Insurance and Labor committee.