March 27, 2002

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

Jeffrey C. Baxter

404-817-6247

Kirkland A. McGhee

404-817-6257

Helen L. Sloat

404-817-6170

Legislators were hastily finishing the day’s work today in an effort to transition to the long weekend. Many were trying to get back to their Districts for the Passover and Easter holidays. There were a number of bills on the Senate’s calendar, but the House calendar was relatively light due to its late night on Tuesday (around 11:00 p.m.).

Floor News

On the House side of the hall, there were five pieces of legislation up for discussion. SB 364 related to the ability of the Brain and Spinal Injury Trust Fund to disburse funds for care and rehabilitative services. Sen. Walker introduced this bill and it proposes to change the oversight of the funds from an authority to a Commission (which also can get federal dollars). It also adds one additional member to this Commission. The Governor would be allowed oversight of the expenditure of these dollars. This bill passed by a vote of 150 to zero.

Also, the House passed SB 394 regarding the Governor’s proposal to increase the composition of the Department of Human Resources Board. The reason for this increase is because the new Congressional Districts resulting from the most recent census.

The Senate had 16 bills on its calendar. Some of those which were passed were:

HB 1174 – Sen. Tommie Williams presented the legislation which allows the use of crossbows and handguns for hunting. Sen. Williams produced a Floor Amendment which allows the hunting of deer over corn and other bait. This was followed by an amendment by Sen. Kemp which would sunset this on July 1, 2005. The bill passed as amended with a vote of 32-13.

HB 1352 – The bill, by Rep. Childers’ which clarifies Georgia law on the number of physicians’ assistants which can be supervised by one physician, also cleared the Senate. This places the number of four assistants to one physician and also addresses the "on-call" situation.

HB 1393 – This bill, presented by Committee Substitute, was passed by a vote of 44 to zero without any discussion. It transfers the OneGeorgia Authority to the Department of Community Affairs.

HB 1049 – This bill was on the Calendar but was dropped to the bottom of the Calendar. It proposes to allow that State employees receive paid leave when donating organs. The bill was not brought back up on the Floor.

HB 525 – Rep. Sally Harrell introduced this bill in the 2001 Session. Sen. Connie Stokes presented the bill which requires health plans to provide notice to policy holders regarding their maternity health benefits coverage. A couple of amendments were made to the bill on the Floor by Sen. Stokes so that the bill now reads at O.C.G.A. § 33-24-58.2(f):

"Every insurer shall provide notice to policyholders regarding the coverage required by this Code section. The notice shall be in writing and prominently positioned in any of the following literature: 1) The next mailing to the policyholder; 2) The yearly informational packets sent to the policyholder; or 3) Other literature mailed before January 1, 1997. In addition to such notice, the insurer shall also provide a notice to the expectant mother within 30 days following the date the insurer first learns that the expectant mother covered by maternity benefits of the health benefit policy is pregnant…"

The bill passed as amended by a vote of 37 to 3.

HB 84 – This was the enactment of the Uniform Fraudulent Transfers Act and it passed. The bill passed by a vote of 42 to zero.

 

Here are some of the cross over bills:

SB 355 – Sen. Thompson’s bill, concerning the amendment in Chapter 18 of Title 50 relating to public disclosure of autopsy photographs and post-mortem examinations in order to exempt them, has now been assigned to the House Judiciary Committee.

SB 451 – Sen. Carol Jackson’s hospital lien law revisions has been assigned to the House Health and Ecology Committee. Additionally, a motion was made that the bill be engrossed as it reached the House in an effort to eliminate any further revisions.

SB 458 – This bill pertaining to the requirement for health plans to cover for off-label prescription drug use for insureds with life-threatening or chronic or disabling conditions or diseases has been forwarded to the House Insurance Committee.

SB 475 – The Governor’s bill on privacy issues has now landed in the House Judiciary Committee.

SB 491 – Sen. Smith’s bill concerning use of professional counselors, social workers, and marriage and family therapists in disaster relief services by the American Red Cross has now been forwarded to the House Rules Committee.

SB 546 – This bill has been forwarded to the House Health and Ecology Committee.

SB 501 – This bill by Sen. Jackson and others proposing to regulate and require licensure for air ambulance services has now made its way to the House Health and Ecology Committee.

SB 505 – This bill proposing to include non-renewal of an entire line or class of insurance by an insurer under certain circumstances as an unfair method of competition and an unfair and deceptive act or practice has been assigned to the House Insurance Committee.

SB 546 – Sen. Stokes bill providing that General Assembly members be provided reports from departments or agencies in an electronic format has now arrived in the House Health and Ecology Committee.

SR 637 – Sen. Beatty and others’ Resolution urging the Georgia Delegation to the United States Congress to support the adoption of House Joint Resolution 81 proposing an amendment to the United States Constitution allowing prayer and expression of religious beliefs on public property and in public schools has been referred to the House Rules Committee.

HB 716 – This is the bill pushed by the Medical Association of Georgia which addresses the continuation of the provision of health care services by physicians after termination of their contracts and the procedures, limitations, and other provisions concerning the audit, retroactive denial, request for additional payment, and adjustment of previously paid claims by health care providers and insurers, has now been assigned to the Senate Insurance and Labor Committee.

HB 1444 – The bill by Rep. Broome with an amendment by Rep. Bannister, which proposes that SPLOST (special local option sales taxes) may be used for "a capital outlay project or projects for the use and benefit of the citizens of the entire county and consisting of a hospital or hospital facilities which are owned, operated, or leased by or from a county or a hospital authority, and which are not funded fully or partially from county general revenues," has now arrived in the Senate Finance and Public Utilities Committee.

HB 1492 – The diabetes insurance mandate legislation has now been placed in the Senate Insurance and Labor Committee.

Newly Introduced Legislation

SR 934 – Sen. Thomas proposed a Senate Study Committee on Automated External Defibrillators.

SR 941 – Sens. Starr, Dean, and Stokes have authored this effort to strongly urge the United States Congress to adopt legislation requiring the Medicare program to cover the cost of all oral anti-cancer drugs. This has been referred to the Senate Health and Human Services Committee.

SR 943 – Sens. Mullis and others have proposed a resolution commending the public safety and emergency services personnel and countless others involved in the response and recovery efforts in Walker County as a result of Tri-State Crematory.

HB 1809 – Reps. Mobley and Watson have introduced this bill in Chapter 1 of Title 51 relating to torts in order to provide for a right of action for sexual harassment against a student and a right of action for the retaliation for complaining about or participation of sexual harassment against a student. This was forwarded to the House Special Judiciary Committee.

HR 1493 – Rep. Smith and others have proposed the creation of the House Study Committee on Severe Weather Warning and Communications to determine the most effective ways to warn persons of tornadoes and other severe weather in order to reduce death and serious injury. This has been referred to the House Rules Committee.

Committee News

In an early morning meeting, Sen. Nadine Thomas’ Subcommittee on Human Development from Senate Appropriations announced the proposed recommendations for the FY 2003 Budget for Departments of Community Health and Human Resources. More on these below:

Department of Community Health:

- To require prior approval on proton pump inhibitors. The Governor had proposed a reduction of $3,108,994 by implementing such. The House agreed with the Governor on this issue. The Senate Subcommittee proposed only a reduction of $2,608,994 for such.

  • To remove the generic and preferred brand dispensing fee incentive in Medicaid and PeachCare for Kids. The Governor had proposed a reduction of more than $2.9 million for this. The House proposed a savings of $1,568,782 by paying $.50 dispensing fee on generic drugs only. The Senate Subcommittee takes this back to the Governor’s position of $2.9 million by implementing this for both generic and preferred drugs.
  • Reduce the Georgia Board for Physician Workforce expenditures for SREB payments. The Governor proposed a reduction of $474,625. The House replaced the dollars. The Senate Subcommittee took this back to the Governor’s proposal of a reduction of $474,625.
  • Under enhancements, the Governor proposed funding for incremental increases in the student contract fees as approved by the Southern Regional Education Board for Osteopathic Medicine and Optometry offset by a reduction in payments to Meharry Medical College. The Governor had proposed $6,675 as did the House when it passed this FY 2003 Budget. The Senate Subcommittee removed this enhancement.
  • The Senate Subcommittee recommended the following as well:
  • $98,800 for funding five pediatric residency slots at Morehouse School of Medicine
  • $50,000 for funding for outreach and education for children with diabetes and obesity at each of the following Oakhurst Community Health Center, West End Community Health Center, and Southside Community Health Center
  • $125,000 for funding for the Ovarian Cancer Alliance for outreach services
  • $450,000 for funding for MedBank pilot programs to provide prescription drug coverage for the elderly in Atlanta, Perry, and Thomasville
  • $50,000 for funding for the Georgia Rural Health Association for outreach and education
  • Language to provide for up to seven additional resident positions in the Family Medicine Training Program at the Medical College of Georgia
  • $240,000 for funding for rural hospitals in Wilkes, Calhoun, Miller, and Putnam Counties

Department of Human Resources:

  • Eliminate contract funding for the Jomandi Theater was proposed by the Governor in the amount of $200,000. The House restored these dollars and Senate Subcommittee returned the proposed cut.
  • Eliminate contract funding for the Intergenerational Resource Center was proposed by the Governor in the amount of $150,000. The House restored the dollars and the Senate Subcommittee concurred with the House action.
  • Eliminate contract funding for the training of caregivers of persons with dementia had been proposed by the Governor in the amount of $96,000. The House restored the dollars. The Senate Subcommittee split the difference by proposing the imposition of a $48,000 cut.
  • Eliminate FY 2002 enhancement funding for Babies Born Healthy was proposed by Governor Barnes in the amount of $2,537,000. The House agreed that a cut of only $2 million was needed. The Senate Subcommittee proposed only a $1,902,750 cut.
  • Eliminate FY 2002 enhancement funding for the Georgia Asthma Initiative in the amount of $75,000 was proposed by the Governor. The House agreed with this. The Senate Subcommittee restored the dollars so that no cut would be imposed.
  • Eliminate contract funding for scoliosis screening by Children’s Healthcare of Atlanta was proposed by Governor Barnes in the amount of $86,000. The House restored the dollars. The Senate Subcommittee restored half of the proposed cut so that it would only be $43,000.
  • Reduce contract funding for Visiting Nurses Services by $222,806 was proposed by the Governor. The House concurred. The Senate Subcommittee restored $50,000 so that the cut would be $172,806.
  • Reduce contract funding for the purchase of clotting factor by Hemophilia of Georgia in the amount of $131,000 was proposed by the Governor and the House agreed. The Senate Subcommittee basically split this in half so the cut would be $65,000.
  • Eliminate the funding for Healthy Farmers program in the amount of $200,000 was proposed by the Governor. The House restored $100,000. The Senate Subcommittee suggested only a $50,000 cut.
  • Eliminate contract to provide services to the homeless was proposed by the Governor in the amount of $224,000. The House restored the dollars; the Senate Subcommittee agreed with the Governor’s cut.
  • Eliminate the telemedicine contract to assist doctors in rural areas was proposed by the Governor in the amount of$200,000 which the House restored. The Senate Subcommittee agreed with the Governor’s proposed cut.
  • Eliminate the contract funding for the Augusta Child Advocacy Center and Paulding Child Advocacy Center so that each would receive a $100,000 cut was proposed by the Governor. The House also agreed. The Senate restored the dollars.
  • Eliminate the funding for Project Plus was proposed by the Governor in the amount of $175,000 which the House concurred with in its passage of the Budget. The Senate Subcommittee restored the dollars.
  • Close the children’s unit at Atlanta Regional with a reduction of $936,084 was proposed by the Governor. The House agreed. The Senate Subcommittee is proposing only a reduction of $802,084 in an effort to keep some beds open.
  • Discontinue 3 respite beds at Gracewood was proposed by the Governor in the amount of $154,845. The House restored the dollars so the beds would not be discontinued. The Senate Subcommittee agreed with the Governor’s position.
  • Support for the State’s ability to react to bioterrorism was proposed by the Governor in the amount of $2,060,000 which the House also liked. The Senate Subcommittee reduced this to $1,697,500 (SSC: $50,000 Georgia Nurses Alert System).
  • Funds for 2 pilot sites in Fulton and DeKalb Counties to expand private emergency foster care services was proposed by the Governor in the amount of $423,600. The House concurred. The Senate Subcommittee added dollars so that the total would be $523,600 in order to add an additional site in Richmond County.
  • The $40,073 funds for the Office of Child Fatality Review of the Statewide Child Abuse Prevention Panel was proposed by the Governor. The House agreed. The Senate Subcommittee increased this to $75,073.
  • The House, in its passed version, had proposed $500,000 for 30-bed substance abuse treatment center in Macon. The Senate Subcommittee reduced this to $250,000.
  • The Senate Subcommittee also proposed these not previously addressed items:
  • $300,000 for the Georgia Institute for Lung Cancer Research
  • $75,000 for South DeKalb YMCA Seniors Citizens Initiative

The Senate Health and Human Services Committee held a hasty meeting and passed out Rep. Channell’s bill on rural hospital grants which transfers the administration of these grants from the Department of Human Resources to the Department of Community Health. There is one glitch currently with this HB 1350 – the funds appropriated for these grants, $5 million, were for the FY 2002 Supplemental Budget. The effective date of the bill is July 1, 2002, thus rendering it impossible for the Department of Community Health to dole out these funds.

The House Judiciary Committee also met and made some recommendations on SB 385, the Governor’s bill on bioterrorism.

Other News

We believe that the Conference Committee on HB 498 regarding the rewrite to current law on the use of Community Service Boards and Regional Boards and their delivery of services for mental health, mental retardation and substance abuse to the community has been in the process of its discussions. Conferees believed to be appointed on this project include: Reps. Louise McBee; Roger Byrd; and Carl Von Epps and Sens. Connie Stokes and Eric Johnson.

Both the House and Senate will have short calendars for Monday. Each will only hear three bills. It is rumored that Legislators want to take in the opening game with the Atlanta Braves. Also, both sides are mad at one another for holding up of the other side’s respective bills. The House became angry over the Senate Rules Committee’s process for getting bills on its calendar. However, the Senate will hear the following bills:

HB 360 – The Safe Place for Newborns Act of 2002 (which will allow a mother to drop her newborn baby off at a hospital without fear of prosecution as long as the infant is unharmed).

HB 1220 – This is the regulation of viatical investments (forms of insurance sold generally to the elderly).

HB 1223 – This is an amendment to the current law on how foreign corporations transact business in the State and the fines associated with conducting such without a certificate of authority.