February 23, 2024

This Week under the Gold Dome

House Bill 1339 quickly came into focus this week, representing the first significant step in the House on Certificate of Need (CON) legislation this year.  The House Health committee, chaired by Rep. Lee Hawkins of Gainesville, took testimony on the bill Wednesday with a committee vote anticipated next Monday afternoon at 2 p.m.  If approved, the bill will go to the Rules Committee.  If approved by Rules as expected, a House floor vote would be “teed-up” for passage on crossover day.

Yesterday also marked a procedural deadline in the Senate for bills in advance of next Thursday’s “crossover day” hurdle.  Bills that did not pass out of committee on their own merit at this point are dead for the year.  However, there are a lot of procedural strategies to work around this rule – a significant risk at times, and a huge benefit at times, depending on where you sit on an issue.

The House and Senate return on Monday and Tuesday for floor votes and House committee work, pause floor activity for committee work on Wednesday, and will conclude crossover day typically late in the evening Thursday.

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:

Bills Passed by the House or Senate:

SB 449: Licensure exemptions for former military medical personnel seeking certification as a CNA, paramedic, cardiac technician, EMT, or LPN

  • Introduced by Sen. Larry Walker (R-Perry).
  • Military medical personnel who have served as medics, medical technicians, or corpsmen within 24 months of seeking certification may be exempt from certain examination requirements to become certified nursing aides. Exemptions would also be proposed for military medical personnel seeking certification as paramedics, cardiac technicians, EMTs, or LPNs.
  • Passed Senate by a vote of 49 – 0.

HB 1072: DPH donated drug repository program

  • Introduced by Representative Sharon Cooper (R-Marietta).
  • 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. This bill would allow participating pharmacies to utilize additional pharmacy technicians for duties related to the program. This 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 off of the House floor by a vote of 165-1. 

HB 1077:  Behavioral Health provider Student Loan Repayment Program

  • Introduced by Representative Sharon Cooper (R-Marietta).
  • Establishes a Behavioral Health Provider Student Loan Repayment Program. Behavioral health providers meeting certain criteria can contract with the board for the repayment of a portion of their eligible student loan expenses.
  • The bill passed the House by a vote of 165 – 2.

Bills under committee consideration this week:

HB 1175:  Physical Therapy eight visit self-referral cap

    • Introduced by Rep. Chas Cannon (R-Moultrie).
    • This bill eliminates the eight-visit cap for self-referral patients who do not need physician intervention for therapy services.
    • HB 1175 passed out of committee unanimously.

HB 880:  Expedited professional licensure for military spouses who are relocating to Georgia

  • Introduced by Rep. Bethany Ballard (R-Warner Robbins).
  • The bill would direct professional licensing boards to adopt rules and regulations facilitating transitioning service members’ qualifications for temporary licenses, licenses by endorsement, or expedited licenses based on their training and experience. The bill outlines conditions under which spouses of service members can practice their occupations or professions in Georgia without obtaining a state license, provided certain criteria are met.
  • HB 880 passed out of committee unanimously.

HB 1264:  Authorizing establishment of “professional health programs” by the Board of Nursing and Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists

  • Introduced by Rep. 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. These programs would be responsible for monitoring and rehabilitating impaired healthcare professionals, ensuring their fitness to continue practicing while maintaining public safety.
  • HB 1264 passed out of committee unanimously.

HB 1046:  Authorizing PAs and APRNs to order home healthcare services

  • Introduced by Rep. David Clark (R-Buford).
  • Authorizes advance practice registered nurses (APRNs) and physician assistants (PAs) to order home healthcare services. Additionally, the bill adds respiratory therapy and skilled nursing care to the allowed scope of work for home health agencies, and those treatment orders could be ordered by an APRN or PA. The bill also creates a professional health program for “impaired healthcare professionals” to receive treatment and intervention for substance use disorders and mental health disorders with certain confidentiality protections in place.
  • The bill was called for hearing only; no vote was taken.

HB 1030:  “Newborn safety devices”

  • Introduced by Rep. Clint Crowe (R-Jackson).
  • The bill adds “ambulance services” and “newborn safety devices” to the list of locations where a mother can safely drop off a newborn under the “Safe Place for Newborns Act of 2002.” This Act offers legal protection for guardians surrendering a newborn under 30 days old and outlines safety procedures. The bill also includes the specifications and monitoring requirements for “newborn safety devices,” which are unmanned drop-off locations that lock and protect abandoned newborns when they are surrendered.
  • No action was taken on HB 1030 as it was hearing only.

HB 1339: House Certificate of Need (CON) “modernization”

  • Introduced by Rep. Butch Parrish (R-Swainsboro).
  • The bill makes several changes to the CON program, reauthorizes the Rural Hospital Tax Credit and extends its sunset through 2029, and establishes the “Comprehensive Health Coverage Commission” to evaluate Medicaid Expansion and related issues.
  • The bill was heard in the House Health committee; no vote was taken. A vote on a Committee Substitute to HB 1339 is anticipated Monday at 2:00 p.m.

SB 419:  CRNA supervision

  • Introduced by Senator Larry Walker (R-Perry).
  • The bill would authorize a Certified Registered Nurse Anesthetist (CRNA) to administer anesthesia to patients under an order by a duly licensed physician or podiatrist rather than under direct supervision as required under current law.
  • The bill failed by a vote of 6-7.

SB 455:  Prohibiting denial of payment due solely to lack of prior authorization

  • Introduced by Senator Brian Strickland (R-McDonough).
  • The bill would prohibit third-party payers from denying payment solely because a health care item or service did not receive prior authorization; require third-party payers to accept the department’s authorization for a “healthcare item or service” on behalf of a recipient of medical assistance. This bill would also mandate a response from third-party payers to state inquiries regarding health care claims within 60 days of the receiving the inquiry.
  • SB 455 passed out of committee unanimously.

SB 460:  APRN and PA supervision

  • Introduced by Senator Clint Dixon (R-Gwinnett), specifies limits on the number of APRNs or PAs a delegating physician can authorize or supervise at any given time from four to eight, with certain exceptions for specific healthcare settings such as hospitals, educational institutions, public health departments, community health clinics, and emergency medical services systems.
  • SB 460 passed out of committee unanimously.

SB 480:  Student Loan Repayment program for mental health and substance use professionals

  • Introduced by Senator Mike Hodges (R-Brunswick).
  • The bill would introduce a program for student loan repayment for mental health and substance use professionals serving in specific capacities.
  • SB 480 passed out of committee unanimously.

 SB 481:  “Georgia Health Care Professionals Data System”

  • Introduced by Senator Mike Hodges (R-Brunswick).
  • Establishes the Georgia Health Care Professionals Data System. This bill mandates state licensing boards to provide specified data on licensed health care professionals to the Georgia Health Care Professionals Data System.
  • SB 481 passed out of committee unanimously.

SB 491:  Increase ratio of pharmacy techs to pharmacists in “closed-door pharmacies”

  • Introduced by Senator Matt Brass (R-Newnan).
  • The bill would authorize the Georgia State Board of Pharmacy to increase the maximum ratio of pharmacists to pharmacy technicians in closed-door pharmacies that provide central prescription filling services to retail pharmacies. This bill defines the term “closed-door pharmacy” as a pharmacy providing specialized services not open to the general public.
  • SB 491 passed out of committee by substitute. 

SB 515: Ambulance pilot program

  • Introduced by Senator Bo Hatchett (R-Cornelia).
  • The bill would establish a two-year pilot program aimed at providing additional ambulances to certain areas of the state. The program would be overseen by the Georgia Trauma Care Network Commission and the State Office of EMS and Trauma, in collaboration with specific regional EMS councils. The program would involve obtaining and operating four ambulances, with specific allocations for air ambulance crew, inter-facility nonemergency transfers, and assignment to designated regions.
  • SB 515 passed out of committee unanimously.

HB 565:  TANF lifetime maximum increase from 48 to 60 months

  • Introduced by Rep. Tyler Paul Smith (R-Bremen).
  • Increases Temporary Assistance for Needy Families (TANF) by changing the lifetime maximum for benefits from 48 months to 60 months. An amendment was adopted in committee that would increase the monthly TANF benefit to 30 percent of the Federal poverty guidelines.

This bill passed out of committee as amended.

HB 844: “Dietetics Practice Act”

  • Introduced by Rep. Ginny Ehrhart (R-Marietta).
  • Establishes regulations and licensure for dietitian nutritionists and nutritionists; outlines various definitions related to the practice of nutrition and dietetics; and establishes the Georgia Board of Examiners of Licensed Dietitian Nutritionists and Licensed Nutritionists.
  • HB 844 passed out of committee unanimously.

SB 505:  Hospital financial transparency reporting requirements and penalties for noncompliance

  • Introduced by Sen. Blake Tillery (R-Vidalia).
  • The bill standardizes the format for posting required information and would prohibit noncompliant hospitals “from receiving any funds administered by the state.”
  • This bill passed out of committee unanimously.

SB 529:  Licensure pathway for foreign medical school graduates

  • Introduced by Sen. Kim Jackson (D-Stone Mountain).
  • The bill would provide licensure opportunities for qualifying foreign medical graduates by allowing for a limited provisional license, a renewable restricted license, and eligibility for an unrestricted license to practice medicine in Georgia.
  • The bill was called for a hearing only; no vote was taken.
  • New bills introduced:

SB 519:  Includes Hormone Replacement Therapy in prohibitions on gender affirming care for minors

  • Introduced by Sen. Ben Watson (R-Savannah).
  • The bill would prohibit reversable and irreversible hormone replacement therapies used for the purpose of altering the minor’s appearance if such alteration is not consistent with the minor’s sex.
  • SB 515 was assigned to the Senate Children and Families committee.

HB 1301:  Duchenne Muscular Dystrophy newborn screening

  • Introduced by Rep. Karen Mathiak (R-Griffin).
  • The bill would expand the DPH newborn screening system to include Duchenne Muscular Dystrophy.
  • HB 1301 was assigned to the House Health committee.

HB 1302:  The “Georgia Maternal Mental Health Improvement Act”

  • Introduced by Rep. Karen Bennett (D-Stone Mountain).
  • Mandates maternal mental health screening for perinatal mood and anxiety disorders for Medicaid recipients. The bill requires screening at specific points during and after pregnancy, with additional screenings as deemed necessary by healthcare providers.
  • HB 1302 was assigned to the House Health committee.

HB 1306:  Provision of patient information about opioid dependence with an opioid prescription.

  • Introduced by Rep. Jasmine Clark (D-Lilburn).
  • The bill requires prescribers to provide patients with information about the risks of opioid dependence whenever an opioid prescription is prescribed. The bill also states that all public high schools must adopt policies allowing students or other individuals to possess opioid antagonists on school property and administer them to necessary individuals.
  • The bill was assigned to the House Education committee.

HB 1314:  Designating EMS as an “essential service” within the state

  • Introduced by Representative Ruwa Romman (D-Duluth).
  • The bill would designate emergency medical services, including ambulance service, as an essential service within the state. It clarifies that this designation applies regardless of whether the services are provided by public, private non-profit, or private for-profit entities.
  • HB 1314 was assigned to the House Health committee.

HB 1332:  The “No Patient Left Alone Act”

  • Introduced by Representative Mesha Mainor (R-Atlanta).
  • The bill prohibits healthcare facilities from implementing policies that restrict patients’ access to in-person contact with their legal representatives for less than one hour per day during hospitalization or treatment periods exceeding 12 hours, regardless of the patient’s competence. The bill defines “healthcare facility” and “legal representative” and outlines exceptions where access may be restricted, such as in certain medical emergencies or for safety reasons.
  • HB 1332 was assigned to the House Health committee.

HB 1340,

  • Introduced by Representative Scott Hilton (R-Peachtree Corners).
  • The bill would establish state licensure and regulate the practice of applied behavior analysis in Georgia. It would provide for the credentialing of qualified behavior analysts and qualified autism services practitioner-supervisors. This bill would also establish the Georgia Behavior Analyst Licensing Board composed of seven members appointed by the Governor.
  • HB 1340 was assigned to the House Health committee.

HB 1343:  Medicaid coverage for tobacco cessation counseling and medications

  • Introduced by Representative Marvin Lim (D-Norcross), would mandate Medicaid coverage for tobacco cessation treatments, including FDA-approved medications and counseling. This bill would also prohibit prior authorization requirements and cost-sharing (such as copayments or deductibles) for tobacco cessation treatments.
  • HB 1343 was assigned to the House Public Health committee.