This Week’s Legislative Action
The General Assembly has completed 16 of 40 legislative days, and committee activity picked up rapidly this week. Below you will find a list of new legislation introduced in the House and Senate since last Friday that we are following, a summary of numerous committee meetings that were held to consider legislation, and floor passage of bills of interest to NGHS.
NEW BILLS INTRODUCED THIS WEEK
Electronic Inpatient Psych Bed Registry
HB 4, introduced by Rep. Scott, was assigned to House Health Committee. HB 4 would amend the law related to examination and treatment for mental illness to require the Department of Behavioral Health and Developmental Disabilities to create, operate, and maintain an electronic inpatient psychiatric bed registry.
School-linked behavioral health grant
HB 7, introduced by Rep. Scott, was assigned to House Health Committee. HB 7 would amend the law relating to the powers and duties of the Department of Behavioral Health and Developmental Disabilities regarding the governing and regulation of mental health to provide for the establishment of a school-linked behavioral health grant program.
Georgia Crisis Line + Registry of available psych beds
HB 9, introduced by Rep. Scott, was assigned to House Health Committee. HB 9 would amend the law to statutorily require the Department of Behavioral Health and Developmental Disabilities to create, operate, and maintain the Georgia Crisis and Access Line. This bill would require that the access line support calls with sufficient access to behavioral health services. The bill would also require any state-operated registry of available inpatient psychiatric beds, crisis residential beds, or substance use disorder beds to report data for purposes of the access line.
Disability decals for vehicles
HB 214, introduced by Rep. Powell, was assigned to House Health Committee. HB 214 would amend the law relating to prestige license plates and special plates, respectively, to authorize advanced practice registered nurses and physician assistants to execute affidavits certifying an individual is disabled for purposes of obtaining special vehicle decals for persons with disabilities. This bill would also authorize physicians to delegate the authority to physician assistants and advanced practice registered nurses to prescribe Schedule II controlled substances under certain conditions.
Practicing Advance Nursing Practice without a license
HB 215, introduced by Rep. Powell, was assigned to House Health Committee. HB 215 would amend Georgia law relating to nurses to provide for licensure of advanced practice registered nurses. This bill would make it a misdemeanor to practice advanced nursing practice without a license. It would also amend Georgia Code relating to prestige license plates, respectively, to authorize advanced practice registered nurses and physician assistants to execute affidavits certifying an individual is disabled for purposes of obtaining special vehicle decals for persons with disabilities.
Medical treatment/Counseling for sexual assault survivors
HB 216, introduced by Rep. Lim, was assigned to House Judiciary Non-Civil Committee. HB 216 would amend the law relating to victim compensation to provide for an award made from the Georgia Crime Victims Emergency Fund to sexual assault survivors for medical treatment or counseling.
Medicaid for persons with HIV
HB 226, introduced by Rep. Cooper, was assigned to House Public Health Committee. HB 226 would amend the law to require the Department of Community Health to submit a Section 1115 waiver request to the federal Centers for Medicare and Medicaid Services for a demonstration project to provide treatment services under Medicaid to persons in this state living with HIV.
“Medical Freedom Act” – Vaccination requirements
HB 266, introduced by Rep. Byrd, was assigned to House Public Health Committee. HB 266, known as the “Medical Freedom Act” would amend the law relating to authority of the Department of Public Health and all county boards of health to prevent them from requiring persons to submit proof of vaccinations against contagious or infectious diseases. This bill would repeal the impacted boards and departments from being able to require individuals to submit post infection recovery as a condition for certain actions, prohibit state and local entities from issuing immunization passports or similar vaccination proof, and prohibit state and local government entities from requiring face masks or facial coverings for health purposes. NGHS Government Affairs and GHA are currently reviewing the language in this legislation to see how it would impact hospitals.
Supervision for athletic training students
HB 278, introduced by Rep. LaHood, was assigned to House Health Committee. HB 278 would amend the law relating to athletic trainers to require athletic training students to be under the direct supervision of a physician or licensed athletic trainer.
Surprise Billing Consumer Protection Act
HB 286, introduced by Rep. Au, was assigned to House Insurance Committee. HB 286, known as the “Surprise Billing Consumer Protection Act,” would provide for certain consumer protections against surprise billing for ambulance services and would require a healthcare plan to reimburse for ambulance services provided to a covered person by a nonparticipating ambulance provider.
HB 295, introduced by Rep. Hawkins, was assigned to House Insurance Committee. HB 295, known as the “Surprise Billing Consumer Protection Act”, is different than the “Surprise Billing Consumer Protection Act” introduced by Rep. Au, HB 286, which was sent in yesterday’s CHH. HB 295 would amend the law to revise certain procedures, timelines, and other matters concerning consumer protections against surprise billing. This bill requires that insurers cover out of network emergency services in facilities at the greater of 1) the verifiable contracted amount paid by all eligible insurers, 2) the most recent verifiable contracted amount agreed to by the insurer and the facility or, 3) another higher amount agreed upon by the insurer and the facility. These provisions are already in effect for providers, but do not currently apply to facilities. This bill also changes the request for arbitration from 30 days to 60 days, and gives the Commissioner of Insurance and Safety Fire the authority to dismiss certain requests for arbitration. NGHS Government Affairs and GHA have been working with the sponsor and other stakeholders and is supportive of this legislation.
Tax credit for certain medical preceptor rotations
HB 308, by Rep. Newton, was assigned to House Ways & Means Committee. HB 308 would revise a tax credit for certain medical preceptor rotations to add dentistry, which is currently not included in the category of eligible recipients. This bill would also change the credit for physicians and licensed dentists from $375.00 for the first through third preceptorship rotations and $750.00 for the fourth through tenth to $750.00 for each preceptorship rotation completed in one calendar year.
Cost-sharing requirements for diagnostic and supplemental breast screening
HB 315, introduced by Rep. Taylor, was assigned to House Insurance Committee. HB 315 would allow the Commissioner of Insurance to circulate rules and regulations regarding cost-sharing requirements for diagnostic and supplemental breast screening examinations in accordance with current guidelines established by a professional medical organization, such as the National Comprehensive Cancer Network.
State health benefit plans to cover insulin medication at a reduced rate
SB 76, introduced by Sen. Merritt, was assigned to Senate Insurance and Labor Committee. SB 76 would amend Georgia law relating to the state employees’ health insurance plan and post-employment health benefit fund to require state health benefit plans to cover insulin medication at a reduced rate.
Licensure and regulation of community midwives
SB 81, introduced by Sen. Anderson, was assigned to Senate Health and Human Services Committee. SB 81 would amend current code to repeal in its entirety Chapter 26, relating to the practice of midwifery and Title 43 relating to professions and businesses. This bill would provide for the licensure and regulation of community midwives, amend Code Section to include exceptions to the operation of the “Georgia Registered Professional Nurse Practice Act,” and provide an exception relating to the practice of midwifery.
Certificate of Need (CON) exemption for acute care hospitals in rural areas
SB 99, introduced by Sen. Dolezal, was assigned to Senate Regulated Industries and Utilities Committee. SB 99 would provide a Certificate of Need (CON) exemption for acute care hospitals in rural areas established on or after July 1, 2023. NGHS Government Affairs, GHA, GHCA, are assessing the language of this legislation and the impact it would have on rural and urban healthcare systems. We are working collectively with the bill sponsor and committee chairman to improve legislative language contained in the current draft.
Allow certified registered nurse anesthetists to administer anesthesia
SB 102, introduced by Sen. Walker, was assigned to Senate Health and Human Services Committee. SB 102 would revise a provision relating to the administration of anesthesia by certified registered nurse anesthetists. This bill would allow certified registered nurse anesthetists (CRNA) to administer anesthesia when ordered by a duly licensed physician, dentist, or podiatrist. Currently, CRNAs can only administer anesthesia under the direction of a duly licensed physician.
Coverage for remote maternal health clinical services under Medicaid
SB 106, introduced by Sen. Walker, was assigned to Senate Health and Human Services Committee. SB 106 would provide for a three-year pilot program to provide coverage for remote maternal health clinical services under the Medicaid program.
Continuous glucose monitors as a pharmacy benefit for Medicaid recipients
SB 109, introduced by Sen. Echols, was assigned to Senate Health and Human Services Committee. SB 109 would amend Georgia Code relating to medical assistance to require the Department of Community Health to include continuous glucose monitors as a pharmacy benefit for Medicaid recipients and to provide for certain consultations by treating practitioners. This is a companion bill to HB 143, which passed out of House Public Health Committee yesterday.
Anesthesiologist assistant advisory capacity to the Georgia Composite Medical Board.
SB 111, introduced by Sen. Hufstetler, was assigned to Senate Health and Human Services Committee. SB 111 would amend Georgia Code to allow for an anesthesiologist assistant to be appointed in an advisory capacity to the Georgia Composite Medical Board.
Covid vaccine requirements
SB 1, introduced by Sen. Dolezal, crossed over from the Senate and was assigned to House Public Health Committee. SB 1 is Sen. Dolezal’s bill that would remove the sunset date on a bill that passed last legislative session related to Covid vaccine requirements. The underlying bill established a prohibition on state and local governments from requiring proof of COVID vaccination for government services. Entities that are regulated by the Centers for Medicare and Medicaid Services (CMS) are exempt from this legislation and may still require Covid vaccination as a condition of employment.
COMMITTEE ACTIVITY
The House Health Committee: The committee met Monday for a hearing on HB 124 and HR 43. HB 124, introduced by Rep. Bruce, would amend Georgia Code relating to emergency medical services so that first responders of municipal fire departments may engage in the emergency medical transportation of patients. Under this bill, first responders of a fire department of a municipality shall be granted licenses for emergency medical transportation under certain circumstances, and the Emergency Medical Systems Communications Program (EMSC Program) would be revised. Currently, first responders under the department’s rules and regulations can transport only in life-threatening situations, when ordered by a licensed physician, or when a licensed ambulance cannot respond. The committee heard testimony from individuals and groups on both sides of the issue. HR 43, introduced by Rep. Au, was also heard in committee today. HR 43 calls for the creation of a joint study committee on the costs and effects of smoking in Georgia. No action was taken on either bill for today’s hearing.
The House Insurance and Life Subcommittee: The committee met to hear HB 85, introduced by Rep. Cooper. HB 85 would amend Georgia Code to include a section relating to biomarker testing. This amendment would require health benefit policy coverage for biomarker testing if supported by medical and scientific evidence. An amendment was added in the subcommittee that would also require prior authorizations seven business days before a non-emergency service and 72 hours before an emergency service. The committee heard public testimony in favor of this bill from Emory Healthcare’s Dr. Suresh Ramalingam. HB 85 passed out of the subcommittee, as amended, unanimously and will move on to the full committee.
The Senate Health and Human Services Committee: The committee heard and voted on SB 47, introduced by Sen. Hufstetler. SB 47 would amend Georgia Code to address vaping in restricted areas and adds that non-compliance with posted non-smoking areas would be considered a misdemeanor punishable by fine. A bill substitute was introduced during committee. The substitute would add “vaping” to the definition of “smoking” to the Smoke Free Act of 2005. This change in the bill will help avoid adding “vaping” into each code section, instead it clarifies that vaping is also prohibited anywhere smoking is prohibited. The bill passed out of committee by substitute unanimously.
The Senate Health and Human Development Appropriations Subcommittee: The committee heard testimony from Department of Behavioral Health and Developmental Disabilities (DBHDD) Commissioner Kevin Tanner, Georgia Board of Health Care Workforce Executive Director Chet Bhasin, Department of Veterans Services Commissioner Patricia Ross, Department of Public Health Commissioner Dr. Kathleen Toomey, Department of Community Health Commissioner Caylee Noggle, and Georgia Vocational Rehabilitation Agency Executive Director Chris Wells.
The House Public Health Committee: The committee met Tuesday to discuss HB 129 and HB 143. HB 129 would amend Georgia Code relating to public assistance to expand temporary assistance for needy families (TANF) eligibility criteria to pregnant women. As currently written, this code section does not include pregnant women. This bill passed out of committee unanimously and will move on to Rules. HB 143, introduced by Rep. Mathis, would amend Georgia Code relating to medical assistance to require the Department of Community Health to include continuous glucose monitors as a pharmacy benefit for Medicaid recipients and to provide for certain consultations by treating practitioners. This bill would allow for a general practitioner to monitor glucose levels and make care more accessible for patients who require glucose monitoring. HB 143 passed out of committee unanimously and will move on to Rules.
The House Regulated Industries Committee: The committee also met Tuesday to discuss HB 76 and HB 155. HB 76, introduced by Rep. Powell, would amend Georgia law relating to licensing provisions regarding professional counselors, social workers, and marriage and family therapists to revise provisions relating to education, experience, and training requirements for licensure in marriage and family therapy. This bill passed out of committee unanimously and will head to Rules. HB 155, introduced by Rep. Martin, was also heard in committee. HB 155 would provide for the issuance of licenses by endorsement for certain licenses to spouses of firefighters, healthcare providers, and law enforcement officers who relocate to the State of Georgia. “Healthcare provider”, as defined in this bill, would include any physician or other person licensed or otherwise authorized in this state to furnish healthcare services, including the following: any dentist, podiatrist, optometrist, pharmacist, psychologist, licensed professional counselor, clinical social worker, registered professional nurse, advanced practice registered nurse, licensed practical nurse, registered optician, physical therapist, chiropractor, physician assistant, cardiac technician, emergency medical technician, or paramedic. This bill passed out of committee unanimously and will move on to Rules.
The House Health Appropriations Subcommittee met Wednesday to hear public testimony from citizens and advocacy organizations regarding the SFY2024 Appropriations Act (the “big budget.”)
The House Higher Education Committee: The committee met Wednesday to consider several bills. HB 163, introduced by Rep. McDonald, would amend the law relating to the Georgia Board of Health Care Workforce to provide for student loan repayment for medical examiners employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation. This meeting was hearing only, so no vote was taken.
The Senate Public Safety Committee: SB 42, introduced by Sen. Hodges, would amend the law relating to posting model notice with human trafficking hotline information in businesses and on the internet. The bill would also increase the fine for failure to comply with model notice requirements. This bill passed out of committee unanimously and is headed to Rules.
The Senate Insurance and Labor Committee: The Committee met Wednesday to consider two bills. SB 65, authored by Sen. Watson, would allow the Commissioner of Insurance and Fire Safety to establish an advisory committee for the purpose of creating a state-based insurance exchange to take the place of the current federal-based insurance exchange that Georgia citizens utilize to purchase health insurance plans. This bill passed out of committee and is headed to Rules. SB 27, introduced by Sen. Brass, would add an addition to Georgia Code to prohibit a health care insurer from requiring an ophthalmologist or optometrist to extend any discount on services that are not covered eye care services in order to received increased payments, better reimbursements, or preferential treatment. This bill passed out of committee unanimously and is headed to Rules.
The House Insurance Committee: The Committee met Thursday morning. On the agenda was HB 85 by Rep. Cooper. This bill would amend Georgia Code to require insurance coverage for biomarker testing. HB 85 was amended in subcommittee, and now also requires prior authorizations seven business days before a non-emergency service and 72 hours before an emergency service. This bill passed out of committee unanimously and is headed to Rules.
The Senate Children and Families Committee: The committee adopted its rules and heard presentations, including one from Dr. John Constatino, Chief of Behavioral and Mental Health from Children’s Healthcare of Atlanta.
The Senate Regulated Industries and Utilities Committee: The Committee met Thursday afternoon to discuss SB 99. SB 99 is Sen. Dolezal’s bill that would create a certificate of need exemption for acute care hospitals in rural areas that meet certain criteria. The committee heard testimony from both sides of the argument, including from Wellstar Sylvan Grove’s President Tamra Ison and Wellstar Health System’s Leo Reichert. GHA’s Anna Adams and GACH’s Tim Kibler both testified during this hearing and committed to continue conversations on this bill with the sponsor and other interested parties to try to reach an agreeable resolution. NGHS Government Affairs is closely following developments and is engaged with GHA, GACH, and elected officials regarding this legislation.
The Senate Subcommittee on Life, Health and Specialty: The committee also met Thursday to consider SB 20. SB 20, introduced by Sen. Kirkpatrick, the Consumer Access to Contracted Healthcare (CATCH) Act, creates network adequacy standards for commercial health plans regulated by the state. The Act requires health plans to maintain a network of providers, including hospitals, “in sufficient number and appropriate type…through such plan’s service area to ensure covered persons have access to the full scope of benefits and services covered under such plan”, and it gives the Commissioner of Insurance the authority to define appropriate network adequacy criteria and to determine whether a plan’s network meets such criteria. The Act also restricts health plans from implementing requirements for coverage of telehealth services. NGHS Government Affairs and GHA support efforts to hold health plans accountable for network adequacy and will continue to work with Sen. Kirkpatrick on these issues. The subcommittee voted a substitute of this bill out of committee and it is on to the full committee.
PASSED BY THE HOUSE
No bills relevant to NGHS or health systems and hospitals passed the House this week.
PASSED BY THE SENATE
SB 1, sponsored by Sen. Dolezal (R-Forsyth Co.), eliminates the existing June 30, 2023 sunset of statute prohibiting state and local governments from requiring proof of COVID-19 vaccination for government services or to access government property. Note that entities subject to CMS regulation are exempted from the provisions of this bill in instances where the two may conflict, including hospitals and other CMS regulated healthcare facilities. The bill passed by a vote of 31 – 21 and was referred to the House Committee on Public Health.
ON OUR RADAR (Non-exhaustive list)
| Bill | Title/Description | Author | Status |
| SB16 | The “Georgia EMS Reform Act” | Sen. Albers | HHS Committee |
| SB46 | Requires physicians and healthcare providers to test all pregnant women for HIV and syphilis at first prenatal visit | Sen. Hufstetler | HHS Committee |
| HB82 | Limiting eligibility for the rural physician tax credit to physicians qualifying as rural on or before 12/31/2023 | Rep. Mack Jackson | Ways and Means Committee |
| Expected | Certificate of Need (CON) repeal; sunset the program in 2025 | TBD | TBD |
| Expected | Pharmacy White-Bagging legislation | TBD | TBD |