The Governor held a press conference today concerning Colorectal Cancer Screenings and Treatment. Member health plans of the Georgia Association of Health Plans along with the Medical Association of Georgia, American Cancer Society and others were supportive of this initiative.

The House had several bills on its calendar on January 17, 2002 and passed out several bills relating to the State’s retirement system. Additionally, the bill authored by Chairman Jimmy Lord to address issues relating to the problems associated with checking for proof of auto insurance due to changes in the law made in 2000, HB 994, was passed by the House by a vote of 166 to zero. HB 994 states that sufficient proof of auto insurance, if stopped by law enforcement, is a valid insurance card. The bill also extends the time within which the Department of Motor Vehicle Safety has to get the database for insured vehicles running is extended until February 1, 2003.

HB 1044 – Reps. Ashe, Jamieson, Houston, and Porter have proposed this amendment to Chapter 2 of Title 20 in an effort to amend the law providing the exercise of discretion by local boards of education concerning the prohibition of electronic communication devices in elementary and secondary schools. This bill was forwarded to the House Committee on Education.

HB 1049 – Rep. Childers’ bill concerning amendments to Article 2 of Chapter 20 of Title 45 allowing state employees to have paid leaves of absences for serving as an organ or bone marrow donor has now been assigned to the House Health and Ecology Committee.

HB 1050 – Rep. Irvin’s bill concerning the amendment to O.C.G.A. § 45-10-26 pertaining to the yearly filing of disclosure statements concerning business transactions with the State by public officials and employees has now been referred to the House Rules Committee.

HB 1051 – Reps. Irvin, Cash, Lunsford, and Wilkinson have proposed this amendment to Code Section 21-5-33 concerning the disposition of campaign contributions in order to change the limitations on transfers of campaign contributions. This bill has been forwarded to the House Rules Committee.

HB 1060 – Reps. Barnes, Dodson, and Wix initiative to enact the "Transportation Safety Act of 2002" has now been forwarded to the House Transportation Committee for further action.

HB 1061 – Reps. Barnes, Dodson, Seay, and Wix have authored this bill in an effort to amend Article 13 of Chapter 10 of Title 15 of the Code relating to trials of certain misdemeanors in magistrate courts so as to grant jurisdiction over child abandonment cases to magistrate courts. This bill has been sent to the House Special Judiciary Committee.

HB 1063 – Rep. Lucas and others have authored this measure in an effort to amend Article 5 of Chapter 4 of Title 46 pertaining to the "Natural Gas Competition and Deregulation Act." One of the provisions of this bill is to provide that the Public Service Commission have a plan and promulgate rules for the selection, certification, and operation of a single regulated natural gas marketer. This Commission would have such plan and rules developed no later than July 1, 2002. This bill has been referred to House Industry Committee.

HB 1064 – Changes are proposed for the eligibility requirements for the office of judge of the probate court in certain counties. This bill amends Article 1 of Chapter 9 of Title 15 and was authored by Reps. Walker, O’Neal, Ray, and Floyd. It has been sent to the House Judiciary Committee. This provides a change in the population requirement from 96,000 to 150,000 (based on 1990 versus 2000 census) before a county may have a probate judge. Additionally, if a person is serving as a probate judge, at the time this Code section first becomes applicable to the county in which the judge serves, then that judge shall continue to hold that office and be allowed to seek re-election to such office.

HB 1069 – Rep. Snelling has offered this amendment to O.C.G.A. § 40-8-76 concerning when safety belts are required as equipment and safety restraints for children four years of age or younger. Currently, the law at subsection (b)(1) states: "On an after July 1, 1984, every driver who transports a child four years of age or younger in a passenger automobile, van, or pickup truck, other than a taxicab as defined by Code Section 33-34-5.1 or a public transit vehicle as defined by Code Section 16-5-20, shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the protection of such child in a child passenger restraining system approved by the United State Department of Transportation under Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983. The new subsection is proposed to read: Every driver who transports a child four years of age or younger in a passenger car, other than a taxicab as defined by Code Section 33-34-5.1 or a public transit vehicle as defined by Code Section 16-5-20, shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the protection of such child in a child passenger restraining system approved by the United State Department of Transportation under Federal Motor Vehicle Safety Standard 213."

HB 1072 - Rep. Snelling has also authored an amendment to the Garnishment Code at O.C.G.A. § 18-4-62(a). Specifically, this bill proposes to change provisions relating to the contents and service of summons of garnishment and requirements as to filing of answer to summons and change the provisions relating to service of copy of summons of garnishment upon the defendant. Once the affidavit and summons are delivered to the sheriff, marshal, constable, or like officer of the court issuing the summons, it shall be his or her duty to serve the summons of garnishment upon the person to whom it is directed and to make his or her entry of service upon the affidavit and return the affidavit to the court whereupon the clerk of the court shall send to the plaintiff by first class mail a copy of the summons showing the perfected service thereof upon the garnishee. The bill’s amendment to the service of a copy of the summons of garnishment upon the defendant also changes. Rather than having the plaintiff, after issuance of the summons of garnishment and not more than three days after service of the summons on the garnishee serve a written notice to the defendant, the plaintiff will have five days after the postmarked date of the mailing of the summons of the garnishment by the clerk of the court to the plaintiff showing service of the summons of the garnishment on the garnishee.

HB 1078 – Reps. Hugley, Heard, Lord, Stanley, and Taylor have authored this proposal amending Chapter 26 of Title 33 relating to industrial life insurance in order to provide that policyholders who are 65 years of age and older shall have the option to provide an additional contact person who shall be notified by the insurer prior to the lapse, termination, or cancellation of any industrial life insurance policy in the same manner as the policyholder. It is up to these policyholders to provide the additional contact person to the insurer who shall also be notified by the insurer in writing by mail to the last known address of such person prior to the lapse, termination, or cancellation of any such policy. Additionally, there is a provision proposed in O.C.G.A. § 33-26-6.2 (a) "no insurer shall issue a policy which allows for the collection or payment of premiums which in the aggregate will be greater than 150 percent of the face amount of the policy. (b) This Code section shall apply to whole life policies, which are policies which may be kept in force for a person’s whole life and which pay a benefit upon the person’s death, whenever such death occurs, or policies which may have a designated age certain, as specified in the policy, when premium payments would cease."

HB 1083 – Rep. McBee and others have dropped an amendment to Chapter 5 of Title 43 concerning athletic trainers and their licensing requirements. The major change is that an applicant for an athletic trainer’s license must have met the "athletic training curriculum requirements of a college or university approved by the board and give proof of graduation." It eliminates the option of holding a degree in physical therapy or corrective therapy with at least a minor in physical education or health and the completion of four years as an apprentice athletic trainer under the direct supervision of a licensed athletic trainer."

HB 1087 – Reps. Ray, Floyd, Royal, and Purcell have authored this bill amending O.C.G.A. § 41-1-7 which provides a definition for an "agricultural area" and "urban sprawl:"

"Agricultural area means any land which is, or may be legally used for an agricultural operation under applicable zoning laws, rules, and regulations at the time of commencement of the agricultural operation of the agricultural facility at issue and throughout the first year of operation of such agricultural facility. Any land which is not subject to zoning laws, rules, and regulations at the time of commencement of an agricultural operation of an agricultural facility and throughout the first year of operation of such agricultural facility shall be deemed an "agricultural area" for purposes of this Code section."

Additionally, "urban sprawl" is defined as meaning either or both of the following: "A) The conversion of agricultural areas from traditional agricultural use to residential use; or B) An increase in the number of residences in an agricultural area which increase is unrelated to the use of the agricultural area which increase is unrelated to the use of the agricultural area for traditional agricultural purposes."

HB 1089 – Reps. Squires, Unterman, and Davis have authored another proposal on exclusive contracting by hospitals. This amendment to Code Section 13-8-2(c)(1) states:

"Any contract for health services, including any renewal of or amendment to such contract, entered into between an insurer and any hospital which is the sole provider of hospital obstetric services within a county or within 30 minutes’ driving time at any time of the day to another hospital is against public policy and is void and unenforceable when said contract, renewal, or amendment has the effect of interfering with a patient’s ability to receive or obtain health care services from another hospital also located within said county, or within 30 minutes’ driving time at any time of the day, that is agreeable to accept such patient under the same terms and conditions as the contracting hospital agreed with the insurer to provide such services."

HB 1090 – Reps. Bordeaux, Stokes, and Davis have dropped this bill amending O.C.G.A. § 50-21-26 concerning the notice of a claim against the State. It requires that a person, firm, or corporation which has a tort claim against the state first give notice of such within 12 months of the date the loss was discovered or should have been discovered; provided, however, for tort claims and causes of action which accrued between January 1, 1991 and July 1, 1992, notice of claim shall be given in writing within 12 months after July 1, 1992. Such notice shall be mailed by certified mail or statutory overnight delivery, return receipt requested, or delivered personally to and a receipt obtained from the Risk Management Division of the Dept. of Administrative Services. This notice is necessary before any court shall have jurisdiction over this claim and any complaint filed must have a copy of the notice of claim presented to the Dept. of Administrative Services, together with the certified mail or statutory overnight delivery receipt or receipt for other delivery attached as exhibits – if such attachments are left off the complaint, these must be cured within 30 days after the state raises such issue by motion ; otherwise, the complaint will be dismissed without prejudice. Requirements of the notice of claim include: 1) name of the state government entity, the acts or omissions of which are being asserted as the basis of the claim; 2) time of the transaction and occurrence out of which the loss arose; 3) place the transaction or occurrence; 4) nature of the loss suffered; 5) amount of the loss claimed; and 6) acts or omissions which caused the loss.

SB 338 – Sens. Nadine Thomas and Don Thomas have introduced this amendment to Article 3 of Chapter 11 of Title 31 pertaining to emergency medical services personnel. It provides for state grants to community partnerships for the purchase of automated external debrillators and for training in the use of such defibrillators. Such grants would be made through the State and Local Governmental Operations Committee, acting through and in concert with the Dept. of Human Resources, to the community partnerships that meet certain requirements to enable them to purchase equipment and provide the training to EMS personnel on the use of the equipment. The community partnership criteria requirements are: "1) Is composed of local emergency response entities such as community training facilities, local emergency responders, fire and rescue departments, police, community hospitals, and local nonprofit entities and for-profit entities concerned about cardiac arrest survival rates; 2) Evaluates the local community emergency response times to assess whether they meet the standards established by national public health organizations such as the American Heart Association and the American Red Cross; and 3) Submits to the Department of Human Resources an application at such time, in such manner, and containing such information as the department may require."

SB 339 – Sen. Nadine Thomas’ interest in the treatment of morbidly obese persons has surfaced again this Session. In this proposal, she proposes that current law be changed from an offering to mandated insurance coverage for the treatment of morbid obesity. This would apply to health benefit policies delivered, issued, executed, or renewed in Georgia or approved for issuance or renewal by the Commissioner of Insurance on or after July 1, 2002 which provide major medical benefits. Additionally, any contracts in effect on July 1, 2002 shall be appropriately adjusted to reflect any change in services provided in this Code Section.

SB 340 – Sen. Nadine Thomas also introduced this bill amending Article 1 of Chapter 24 of Title 33 in order to enact the "Comprehensive Patient and Provider Health Care Relief Act of 2002." Some of the bill’s highlights include the provision of liability for failure of any health benefit provider to provide for medically necessary items or services within Georgia and to provide adequate reimbursement for these medically necessary items or services rendered to an insured person by a healthcare provider. It also allows an insured person the "right to choose a healthcare provider to render any medically necessary items or services." It provides for additional payments to healthcare providers in order to attract more healthcare providers to under served areas. There are tax incentives to individuals or entities who choose to obtain comprehensive medical health insurance through an indemnity insurer. There are new definitions – including one for "medically necessary" "that which is determined by a treating physician after consultation with the patient to be required according to generally accepted principles of good medical practice for diagnosis or direct care and treatment of an illness or injury of the patient." Decisions on "medical necessity" for items or services shall be done only through "consultation with a healthcare provider who is board certified in the same specialty for which that determination is being made." Such persons making the determination on medical necessity "shall make that determination with the full knowledge that they shall be held responsible" for any adverse injury or effect (such adverse injury or effect will be considered a tort). There is also a provision for tax incentives for employers and individuals who opt to obtain healthcare insurance (indemnity or non-managed care forms).

SB 345 – Sens. Fort, Tate, Brown, and Scott have authored this repeal of Article 5 of Chapter 4 of Title 46 of the Code, "Natural Gas Competition and Deregulation Act." The bill will create a new article, Article 4.1 of Chapter 4 of Title 46 which will have, by no later than May 1, 2002, a commission prepare a plan for transition from deregulated sale of natural gas back to a regulated monopoly for the sale of natural gas and rules and orders to implement such.

SB 346 – Sens. Harp, Kemp, and Meyer von Bremen have introduced this amendment to O.C.G.A. § 9-11-4 of the Civil Practice Act in order to conform the language of the Federal Rule of Civil Procedure 4(f) concerning methods of service of process in other countries in conformity with the Convention Relative to the Notification or Service Abroad of Judicial and Extrajudicial Documents.

SR 491 – Sens. Stokes and others have offered this Resolution recognizing the Pfizer for Life Share Card Program. This program is to help low-income persons obtain drug benefits.