This Week under the Gold Dome

On Tuesday morning, news began to spread about the unexpected loss of Chairman Richard Smith (R-Columbus) who had passed away overnight.  Chairman Smith, 78, had been fighting the flu according to media reports.  First elected to the Georgia House in 2005, Chairman Smith was a veteran legislator whose contributions to our state will succeed him in life for generations to come.  He was a tireless advocate for improving access to quality health care across our state and a respected leader over four decades of public service.  News of his passing cast a somber tone across the Capitol this week and halted Rules Committee meetings.  As a result, floor votes this week were limited to six bills previously approved by the committee.  We await Speaker Burns’ appointment of a successor to chair the Rules committee, at a minimum, before House floor proceedings resume.  Read more about Chairman Smith and the legacy he leaves here.

In the Senate, new Certificate of Need (CON) legislation was introduced, SB 442, that would create an exemption in counties with population of 35,000 or less.  The bill is now available for consideration in the Senate Regulated Industries committee, following the same legislative track as two other CON bills pending in the chamber.

Additionally, House and Senate committees took action on several measures this week as outlined below.  Among them, HB 945 related to in-network treatment of hospitals when terminated from an insurer’s network midyear was approved by the House Insurance committee unanimously; Hospital Provider Payment Program (“bed tax”) reauthorization legislation was approved by a subcommittee of Appropriations; and legislation creating the “Georgia Commission on Infant and Maternal Health” and “Georgians with Intellectual and Developmental Disabilities Innovation Commission” were also approved, among others.

Here is this week’s recap of new legislation introduced, as well as bills of interest that were considered by committees this week:

New legislation of interest introduced this week:

• SB 442: Rural CON exemption in counties with population of 35,000 or less
  • Introduced by Senator David Lucas (D-Macon).
  • The bill would repeal CON requirements in counties with population less than 35,000.
  • Referred to Senate Regulated Industries committee.

• SB 419: CRNA direct supervision/scope of practice
  • Introduced by Senator Larry Walker (R-Perry).
  • The bill strikes the requirement that Certified Registered Nurse Anesthetists (CRNAs) administer anesthesia “under direction and responsibility of” a physician, and instead requires such anesthesia to be administered “pursuant to an order by” a physician. The bill also adds dentists and podiatrists as authorized providers to issue such an order.
  • Referred to Senate Health and Human Services committee.

• HB 1072: DPH 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 was assigned to the House Health Committee.

• HB 1077: Behavioral Health workforce grant program
  • Introduced by Representative Sharon Cooper (R-Marietta).
  • The bill would a grant program to provide funding to eligible institutions for additional behavioral health workforce training positions. The bill establishes a Behavioral Health Provider Student Loan Repayment Program; providers meeting certain criteria can contract with the board for the repayment of a portion of their eligible student loan expenses.
  • HB 1077 was assigned to the House Public Health Committee.

• HB 1078: Georgia Program for All-Inclusive Care for the Elderly (PACE) Medicaid program
  • Introduced by Representative Jesse Petrea (R-Savannah)
  • The bill would create a new adult day center licensure exclusion. This bill authorizes the Department of Community Health to establish and implement the Georgia Program of All-Inclusive Care for the Elderly (PACE) as part of the state’s medical assistance program.
  • HB 1078 was assigned to the House Human Relations and Aging 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 state-regulated health benefit plan coverage for preeclampsia biomarker testing for pregnant women during their first prenatal visit and as deemed necessary by an attending physician.
  • HB 1081 was assigned to 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. If a violation occurs, the donor or their legal representative may bring a civil action within six years after discovering the breach.
  • SB 433 was assigned to the Senate Regulated Industries and Utilities Committee.

Bills under committee consideration this week:

• SB 377: Qualified Residential Treatment Facility (QRTF)
  • Sponsored by Sen. Blake Tillery (R-Vidalia).
  • The bill would revise the definition of “qualified residential treatment program” to align with federal law; outlines program criteria including the presence of licensed clinical staff, discharge planning, and accreditation requirements; and changes the definition of “child-caring institution” under social services regulations.
  • This bill passed out of committee unanimously on Jan. 30^th and passed the Senate by a vote of 50-1 on Feb. 1^st.

• HB 874: Mandatory AEDs in schools
  • Introduced by Representative Lee Hawkins (R-Gainesville).
  • This bill requires that each school have at least one functional AED on-site at all times that is easily accessible during school hours by July 1, 2025, as well as an established emergency response plan, drills, training, and other requirements.
  • The bill passed out of committee unanimously.

• HB 809: Dry needling by Occupational Therapists
  • Introduced by Representative Alan Powell (R-Hartwell).
  • The bill would grant occupational therapists the authority to perform “dry needling” as a physical agent modality, subject to certain training and education requirements. This bill passed out of committee unanimously.

• HB 576: Nondiscrimination in organ transplantation on the basis of 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 status to existing protections for transplant recipients with disabilities.
  • This bill passed unanimously out of committee.

• HB 924: Specialty pharmacy “white bagging”
  • Introduced by Representative Mandi Ballinger (R-Canton).
  • The bill requires insurers to give patients a choice of where to obtain their medications that must be administered by a health care provider. It prohibits insurers from forcing patients to use a designated specialty pharmacy instead of a hospital pharmacy.
  • This bill was called for hearing only; no vote was taken.

• HB 945: SHBP and Board of Regents health plan insurer terminations of hospitals
  • Introduced by Representative Lee Hawkins (R-Gainesville).
  • The bill would provide protection for covered persons under the State Health Benefit Plan and Board of Regents Health Plan when an in-network hospital becomes out-of-network before the end of the plan year. Starting from July 1, 2024, the contracts between the board and an insurer must ensure that if an in-network hospital becomes out-of-network during the plan year, the insurer must continue to provide coverage to covered persons for that hospital at the same rate and in the same manner until the end of the plan year. The bill’s intention is that a covered person should not face changes in co-payments, deductibles, or other cost-sharing requirements due to the hospital’s change in network status.
  • The bill was heard in subcommittee on Monday and unanimously approved by the full committee on Wednesday, Jan. 31^st.

HB 82:  Rural Physician Tax Credit

• Introduced by Representative Mack Jackson (D-Sandersville).
• This bill would extend the tax credit sunset through the end of 2029 and add dentists as eligible providers.
• This bill passed out of committee unanimously.

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

• Introduced by Representative Lauren Daniel (R-Locust Grove).
• The bill establishes the Georgia Commission on Maternal and Infant Health within the Department of Public Health. This commission will consist of 14 members, with appointments made by the Governor, Lieutenant Governor, and Speaker of the House of Representatives. The composition includes healthcare professionals, and the group is tasked with soliciting views from perinatal facilities and healthcare providers, making policy recommendations on perinatal care programs, establishing indices to measure the quality of perinatal care, making records of meetings available to the public, employing necessary staff, and providing state-wide policy recommendations based on its findings.
• The bill passed out of committee.

HB 1035:  Naloxone in vending machines

• Introduced by Representative Sharon Cooper (R-Marietta).
• The bill expands the exemption of naloxone from the definition of a dangerous drug to include any opioid antagonist when used for drug overdose prevention. This exemption applies when supplied by a dispenser or an authorized wholesale distributor and authorizes the Board of Pharmacy to regulate the sale and supply of opioid antagonists through vending machines.
• Emory University is leading advocacy for this legislation in order to place vending machines on campus.
• This bill passed out of committee unanimously.

HB 434:  Licensure of Radiology Assistants by the Composite Medical Board

• Introduced by Representative Lee Hawkins (R-Gainesville).
• The bill would provide for the licensing of radiologist assistants to the Georgia Composite Medical Board. This bill would also provide that radiologists may use the services of licensed radiologist assistants under their supervision.
• No action was taken on the bill.

HB 991:  Hospital Medicaid Financing Program reauthorization

• Introduced by Representative Shaw Blackmon (R-Bonaire).
• The bill would extend the sunset for the Hospital Medicaid Financing Program from June 30, 2025, to June 30, 2030, unless reauthorized by the General Assembly prior to that date.
• This bill passed out of committee unanimously and now moves on to the full House Appropriations Committee for consideration.

SB 307:  Prior authorization provider “gold card” program requirements

• Introduced by Senator Kay Kirkpatrick (R-Marietta).
• The bill requires health insurers to establish a “gold card program” that allows for reduced prior authorization requirements for healthcare providers based on their performance and adherence to evidence-based medicine effective January 1, 2025.
• This bill passed out of committee unanimously.

SB 198:  “Georgians with Intellectual and Developmental Disabilities Innovation Commission”

• Introduced by Senator Sally Harrell (D-Atlanta).
• The bill would establish the Georgians with Intellectual and Developmental Disabilities Innovation Commission. The commission is tasked with conducting a comprehensive review of conditions, issues, and problems related to support for individuals with intellectual and developmental disabilities (IDD).
• The bill passed out of committee unanimously.