This Week’s Legislative Action
Legislative activity crossed a key threshold shortly before midnight on Monday. Fifteen bills of particular interest to NGHS were passed by the House or Senate and sent to the other chamber for further deliberation before the end of session. The General Assembly will reconvene on Monday, March 12th for legislative day 32. With only eight days remaining of the 40-day session, the next couple of weeks will be fast and furious until the gavel drops on March 29th.
CROSSOVER DAY FLOOR VOTES
The following bills of interest to NGHS were passed by the House and Senate and “crossed over” to the other chamber this week. These bills are ‘live’ to continue the legislative process as a standalone bill through the remainder of the session. These bills are also considered ‘vehicles’ for amendments designed to incorporate legislative language from others that did not meet the crossover deadline. NGHS Government Affairs will be watching these bills closely throughout the process to identify any potential changes to underlying legislation that may occur.
SB 20, introduced by Senator Kay Kirkpatrick (R–Marietta), 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. There was a committee substitute introduced by the author that excludes HMOs. This bill passed by a vote of 52-1.
SB 140, introduced by Sen. Carden Summers (R-Cordele), would amend the laws relating to regulation of hospitals and related institutions to prohibit certain surgical procedures for the treatment of gender dysphoria in minors from being performed in hospitals and other licensed healthcare facilities. This bill would prohibit sex reassignment surgeries or any other surgical procedures for the purpose of altering primary or secondary sexual characteristics performed on a minor, except for those deemed medically necessary and individuals born with medically verifiable disorders of sex development. This bill passed by a vote of 33-22.
SB 164, introduced by Senator Chuck Hufstetler (R-Rome), would revise definitions for licensure of advanced practice registered nurses. This bill also adds “advanced practice registered nurse” to the list of those who would receive a misdemeanor charge if caught practicing without a license. This bill did go through the Georgia Occupations Regulation Review Committee (GORRC). This bill passed by a vote of 53-0.
SB 168, introduced by Senator Rick Williams (R-Milledgeville), would amend the law to allow a chiropractic practice to have a lien on a cause of action accruing to an injured person for the costs of care and treatment of injuries arising out of the cause of action. This bill additionally included that in the case of any chiropractic lien, said lien can also be subject to any hospital lien. This bill passed as amended by a vote of 52-4.
SB 197, introduced by Senator Chuck Hufstetler (R–Rome), known as the “Health Care Practitioners Truth and Transparency Act,” would prohibit misleading terms or false representations by health care practitioners in advertisements and representations. This bill would also prohibit the misappropriation of medical or medical specialty titles by health care practitioners in advertisements and representations. This bill passed by a vote of 54-2.
SB 223, introduced by Senator Ben Watson (R-Savannah), would authorize reimbursement of patient incurred expenses related to participation in a cancer clinical trial. This bill passed by a vote of 53-1.
SB 246, introduced by Senator Mike Hodges (R-Brunswick), relating to the Georgia Board of Health Care Workforce, would provide for student loan repayment for a registered professional nurse duly licensed and authorized to practice in the state who holds a master’s or doctoral degree in nursing and is currently employed or has been employed for at least one year as a faculty member of a nursing program at a post-secondary institution in the state. This bill passed with a vote of 55-1.
HB 82, introduced by Representative Mack Jackson (D-Sandersville), would amend Georgia Code relating to imposition, rate, computation, exemptions, and credits relative to state income taxes to limit eligibility for the rural physician tax credit to persons qualifying as a rural physician on or before December 31, 2023. This bill would expand the current $5,000 income tax credit for rural physicians to also include dentists, nurse practitioners, and physician assistants. This bill, as written, would sunset in at the end of 2028. This bill passed by a vote of 175-1.
HB 101, introduced by Representative Bruce Williamson (R-Monroe), now includes the Rural Hospital Tax Credit language. The amended version of this bill would increase the Rural Hospital Tax Credit (RHTC) cap from $75 million to $80 million beginning January 1, 2023, and would extend the sunset for this program from December 31, 2024 to December 31, 2028. Last Session, HB 1041 increased the RTHC from $60 million to $75 million. This bill would allow hospitals designated as a rural emergency hospital to be added to the definition of a “rural hospital organization” and would move the contribution deadline from December 31 to October 31. This bill passed by a vote of 102-73.
HB 343, introduced by Representative Mark Newton (R-Augusta), known as the “Low Prescription Drug Costs for Patients Act,” would amend the law relating to regulation and licensure of pharmacy benefits managers (PBMs). This bill would require PBMs to calculate defined cost sharing for insureds at the point of sale and report those annual amounts to the department. An amendment was presented in committee to clarify that this bill would not apply to self-funded employer sponsored health insurance plans regulated under the Employee Retirement Income Security Act of 1974. This bill passed by a vote of 168-3.
HB 383, introduced by Representative Matt Reeves (R–Duluth), known as the “Safer Hospitals Act,” would provide for enhanced penalties for aggravated assault and aggravated battery committed upon emergency health workers and healthcare workers located on a hospital campus. This bill would add “Health care worker”, meaning any employee or independent contractor of a hospital or other healthcare facility, to the existing list of professions protected. This bill passed by a vote of 170-5.
HB 455, introduced by Representative John LaHood (R–Valdosta), would provide that professional programs that are established to address career fatigue and wellness in healthcare professionals are not obligated to report to licensing boards except in certain circumstances. This bill passed by a vote of 174-0.
HB 482, introduced by Representative Steven Sainz (R-St. Mary’s), prohibits tax-exempt organizations, including hospitals, from utilizing the state’s Quality Jobs Tax Credit unless the jobs created are solely associated with the organizations unrelated business income. A substitute was introduced that would change the preamble language of the bill to exclude language referencing previous legislative intent. This bill passed by a vote of 170-4.
HB 493, introduced by Representative Matt Hatchett (R–Dublin), would revise a provision regarding verification of competency relating to renewal, surrender, and restoration of registered professional nursing licenses and continuing competency requirements. This bill passed by a vote of 175-0.
HB 557, introduced by Representative Ron Stephens (R-Savannah), would authorize physicians to delegate the authority to prescribe Schedule II controlled substances to advanced practice registered nurses and physician assistants. There was an amendment added in committee to strike a line to disallow APRNs and Physicians Assistants to write for hydrocodone products for patients under 18 years old. The amendment would also add that APRNs and Physicians Assistants must be in good standing with the board for this bill to apply. This bill passed by a vote of 136-38.
COMMITTEE ACTIVITY
The Senate Regulated Industries Committee:
HB 155, introduced by Representative Chuck Martin (R–Alpharetta), 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.
The Senate Health and Human Services:
Senator Kay Kirkpatrick (R-Marietta) was appointed as the chair of a new Health and Human Services Subcommittee which will consider HB 520 by Representative Todd Jones (R-South Forsyth) over the coming days. HB 520 is follow-on legislation to HB 1013, the “Mental Health Parity Act,” reform package that was passed and signed into law last year.
HB 85, introduced by Representative Sharon Cooper (R–Marietta), would require insurance coverage for biomarker testing. As amended, HB 85 requires prior authorizations seven business days before a non-emergency service and 72 hours before an emergency service. This bill passed out of committee.
HB 143, introduced by Representative Danny Mathis (R-Cochran) 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 was a hearing only, so no vote was taken.
HB 440, introduced by Representative Doug Stoner (D–Smyrna), would authorize public and private schools to stock a supply of undesignated ready-to-use glucagon for treatment of severe hypoglycemia. This bill would provide for requirements for the storage, maintenance, and distribution of undesignated ready-to-use glucagon and would provide for the authorized use in necessary situations. This bill would also amend Georgia Code relating to pharmacists and pharmacies to authorize certain healthcare practitioners to prescribe or dispense glucagon to an authorized entity for emergency purposes. This bill passed out of committee.
HB 343, introduced by Representative Mark Newton (R-Augusta), known as the “Low Prescription Drug Costs for Patients Act,” would amend the law relating to regulation and licensure of pharmacy benefits managers (PBMs). This bill would require PBMs to calculate defined cost sharing for insureds at the point of sale and report those annual amounts to the department. An amendment was presented in the House to clarify that this bill would not apply to self-funded employer sponsored health insurance plans regulated under the Employee Retirement Income Security Act of 1974. No action was taken on this bill, as this was a hearing only.
The House Health Committee:
The committee heard presentations from Good News Clinics, DCH’s Commissioner Noggle about the Directed Payment Programs (DPPs), and the Governor’s Office of Health Strategy and Coordination’s (OHSC) Grant Thomas about the implementation of FY22 and FY 23 Health Initiatives. This was an informational session only with no legislation being considered.
The House Public Health Committee:
SB 46, introduced by Senator Chuck Hufstetler (R-Rome), would require physicians and healthcare providers to test all pregnant women for HIV and syphilis at the first prenatal visit, at 28–32 weeks gestation, and at delivery. Currently, the “Georgia HIV/Syphilis Pregnancy Screening Act of 2015” requires physicians and healthcare providers to test pregnant women for HIV and syphilis, except in cases where the patient refuses testing, during the third trimester only, regardless of whether such testing was performed during the first two trimesters. Affected women have the right to refuse such testing. This bill passed out of committee.
The Senate Finance Committee:
HB 482, introduced by Representative Steven Sainz (R-St. Mary’s), prohibits tax-exempt organizations, including hospitals, from utilizing the state’s Quality Jobs Tax Credit unless the jobs created are solely associated with the organization’s unrelated business income. A substitute was introduced in the House that would change the preamble language of the bill to exclude language referencing previous legislative intent. This bill passed out of committee.
CROSSED-OVER BILLS PASSED BY THE SENATE
HB 129, introduced by Representative Soo Hong (R-Lawrenceville), carried in the Senate by Senator Mike Hodges (R-Brunswick), would amend Georgia Code relating to public assistance to expand the 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 with a vote of 50-1. This bill now moves to the desk of Governor Kemp for final approval before becoming law.
CROSSED-OVER BILLS PASSED BY THE HOUSE
SB 65, introduced by Senator Ben Watson (R-Savannah), carried in the House by representative Eddie Lumsden (R-Armuchee), 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 Georgians utilize to purchase health insurance plans. This bill now moves to the desk of Governor Kemp for final approval before becoming law.