Legislators 'clicked' another day off the Session clock; day 30 has gone by the wayside.  A number of bills were addressed.  

Floor News  

          The Senate took up Tort Reform, otherwise known as "civil justice reform," on its calendar.  SB 133, authored by Sen. Tom Price, finally made it out of the Senate in a much weaker version than originally proposed.  Both sides worked the issue – even as the last moments of the bill's fate rested in the hands of the Senate.  Trial bar representatives were seen scurrying around the halls waiting for the bill's passage and business lobbyists stood with wringing hands watching their efforts slip away.  In the end, SB 133 addressed a number of reforms but not those most needed, as argued by hospitals, physicians and businesses (caps on punitive damages; caps on non-economic damages; collateral source revisions; joint and several liability; and comparative negligence).  The bill did make some refinements to laws relating to expert witnesses in medical malpractice actions; changes to dismissal rules in actions; calculation of pre- and post-judgment interest rates; emergency room physicians' liability; and venue changes.  The Senate Judiciary Committee's version of the bill was the version which passed the Senate.  

          One of the specific provisions included in the Committee Substitute, as passed, amended O.C.G.A. § 9-11-41 (a) concerning dismissals of civil actions:  

"(a) Voluntary dismissal; effect.
(1) BY PLAINTIFF; BY STIPULATION. Subject to the provisions of subsection (c) of Code Section 9-11-23, of Code Section 9-11-66, and of any statute, an action may be dismissed by the plaintiff, without order or permission of court: (A) By filing a written notice of dismissal at any time before the entry of a pretrial order pursuant to Code Section 9-11-16, provided that when there is no pretrial order, the notice of dismissal may be filed at any time before the jury is sworn, or in non-jury trials, before the first witness is sworn; or (B) By filing a stipulation of dismissal signed by all parties who have appeared in the action.  (2) BY ORDER OF COURT.  Except as provided in paragraph (1) of this subsection, an action shall not be dismissed upon the plaintiff's motion except upon order of the court and upon the terms and conditions as the court deems proper.  If a counterclaim has been pleaded by a defendant prior to the service upon him or her of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court.  (3) EFFECT.  A dismissal under this subsection is without prejudice, except that the filing of a second notice of dismissal operates as an adjudication upon the merits."  

          The bill also rewrites Georgia 's law on use of expert witnesses in medical malpractice actions in O.C.G.A. § 24-9-67 :  

"(a) As used in this Code section, the term 'professional malpractice action' means an action involving any profession listed in Code Section 9-11-9.1, including, but not limited to medical malpractice actions as defined in Code Section 9-3-70.
(b) The opinions of experts on any question of science, skill, trade, or like questions shall always be admissible, except as provided in subsection (c) of this Code section; and such opinions may be given on the facts as proved by other witnesses.  (c) In professional malpractice actions, the opinions of an expert as to the standard of care of the professional whose conduct is at issue shall be admissible only if, at the time the act or omission is alleged to have occurred or at the time of trial, the expert witness:
(1) Was licensed by an appropriate regulatory agency to practice his or her profession in the location in which the expert was practicing or teaching; and
(2)(A) Was board certified by a national or international association or academy which administers written and oral examinations for certification in the area of practice or specialty about which the opinion on the standard of care is offered;
(B) Had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given as the result of having been regularly engaged in:
(i) The active practice of the area of specialty of his or her profession for at least three of the last five years immediately preceding such time;
(ii) The teaching of the area of practice or specialty of his or her profession for at least half of his or her professional time as an employed member of the faculty of an educational institution which has been accredited in the teaching of his or her profession for at least three of the last five years immediately preceding such time; or
(iii) Any combination of the active practice or the teaching of his or her profession in a manner which meets the requirements of divisions (i) and (ii) of this subparagraph for at least three of the last five years immediately preceding such time; or
(C) The court determines from all of the evidence or from the evidence introduced at the time when the professional malpractice expert is proffered as an expert witness on the standard of care, that the witness' knowledge concerning the standard of care with regard to the act or omission alleged is within the knowledge or expertise of any person holding a license from an appropriate regulatory agency to practice in the profession.
(d) An affiant under Code Section 9-11-9.1 shall not be deemed an expert competent to testify if his or her opinions would not be admissible in the action at issue as provided in this Code section."

          The House too had a lengthy calendar.  Here are highlights:  

HB 462, by a vote of 111 to zero, cleared the House today in an effort to strengthen laws protecting Georgia 's children.  The bill deals with the crime of child pornography.  One of the provisions is a new definition for "obscene internet contact" which is contact with a child or someone the person believes to be a child via a computer internet service (this would include but not be limited to e-mails, chat rooms, internet bulletin boards, and other on-line message services) when the contact involves the exchange of information or material intended to arouse or satisfy the sexual desire of either the child or the adult.  If a person is convicted of this crime, this would be a felony punishable by a fine of up to $10,000, and imprisonment for 1-10 years.    

Another provision in the bill deals with "morphing," which is the practice of using computer technology to blend photographs of adults with those depicting a child's body to get around child pornography laws.  Language added expressly forbids use of any part of a child in creating, adapting, or modifying a pornographic image.  If a person violates this, he or she would be guilty under existing child computer pornography codes.  This carries penalties of up to 20 years imprisonment and can have a $10,000 fine imposed.  

HB 433 also passed out of the House.  It passed by a vote of 153-9 and mandates owners of day-care facilities to carry a liability insurance policy in case of accidents on their facilities.  Thus, owners wishing to operate day-care facilities would be required to present evidence of an insurance policy at the time of acquiring or renewing their license or registration.  If a facility fails to do so, this would constitute grounds for denial for acquisition or renewal of their license.  The minimum requirement for liability insurance in the bill is $100,000 (this was changed from $25,000 as the bill came to the Floor).  

The bill dealing with the Georgia Child Fatality Review Panel, HB 479, also passed. The Panel, as created, is to study and submit a report on the prevalence and circumstances of child fatalities within the State and make recommendations on actions to reduce such fatalities to the General Assembly.  HB 479 expands the powers of the Panel by allowing any superior court judge, who is a member of the Panel, to issue an order mandating, upon penalty of contempt of court, the compliance of any agency under investigation by a local child fatality review panel.  The bill also provides the Panel the authority to obtain a subpoena from a superior court judge to compel the production of documents or attendance of witnesses with respect to a child fatality investigation.  This passed by a vote of 149 to 6.  

Tobacco tax issues were granted a reprieve.  After yesterday's defeat of HB 379, today lawmakers voted 144-29 to reconsider its action.  The bill was sent back to the House Rules Committee.  The Committee may revise the bill, send it back to the Floor, or let it die.  

Companies headquartered in Georgia also got a tax break today.  HB 492 passed by a vote of 166 to zero.  It provides a tax credit of at least $2,500 per employee for companies relocating their headquarters as long as there are 50 full-time employees.  Current law requires a minimum of 100 jobs for this tax cut.  The bill was intended to assist Rubbermaid Corporation as it is opening a subsidiary headquarters in the State.  

There were a few other tax initiatives taken up in the House:  

·        HB 290 - This legislation exempts from ad valorem taxation the undeveloped riverside or streamside land within mandatory buffer zones required by State conservation requirements.  It passed the House by a vote of 100 to zero.

·        HB 468 - This legislation brings State law current with federal code requirements relating to estimated State income tax payments.  This bill also passed.

·        HB 469 – It provides that any tax filing extension be taken into consideration for the three-year window wherein a citizen may apply for a refund on an improperly assessed State tax bill.  This bill passed by a vote of 168 to 1.

·        HB 527 – This proposal extends an ad valorem tax exemption which is provided to automobile and heavy equipment dealers to be extended to Georgia 's farm equipment dealers.  This measure also passed by a vote of 173 to zero.  

          In trying to address healthcare workforce shortages in the State, HB 372 was introduced as an attempt to help the State's authority hospitals with personnel recruitment efforts.  It proposes to allow authority hospitals to repay student loans for healthcare workers in areas where shortages are being experienced.  HB 372 passed by a vote of 169 to 1.  

          A person performing tattooing around the eye (such as the application of permanent eye liner) will have to now operate under the supervision of trained physicians.  HB 183 passed the House and addresses this issue.  

          A health insurance measure also cleared the House.  HB 721 proposes to amend health insurance cards.  The intent of the bill is to help lessen possibilities for identity fraud or theft by disallowing the use of a person's social security number as the insurance card number placed on the card.  Thus, after July 1, 2004 , insurance companies will be required to use unique numbers rather than a person's social security number on the card.  The bill passed by a vote of 172 to zero.  

          The Secretary of State's bill dealing with licensing boards also cleared the House today.  This bill was dropped in an effort to save monies by eliminating one position on licensing boards for those boards which have six or more members.  HB 597 passed by a vote of 163 to 1 by Committee Substitute.  The elimination of one member will save per diem and reimbursement costs.  The longest serving member would be eliminated at the end of their term.  

          HB 506 also passed the House by a vote of 145 to 1.  It would allow that mobile homes be re-classified as real property in order that persons can get low-cost loans.  

Newly Introduced Legislation  

HB 829 – Reps. Mosley and Smith have co-authored this change proposed for a new Article 34 of Chapter 1 in Title 10.  This provides that any persons licensed under Chapter 14 of Title 43 shall retain title to all equipment and materials furnished in the performance of a contract until full payment is made.  The bill also outlines repossession requirements of such equipment and materials.  This has been referred to the House Judiciary Committee.  

HB 833 – Rep. Fleming and others have dropped this measure amending O.C.G.A. § 50-18-70(f).  It changes provisions relating to inspection of public records, printing of computerized indices of county real estate records, and the time for determination of whether requested records are subject to access, and electronic access to records.  It provides that the person in control of the records have a "reasonable amount" of time to determine whether or not the record or records requested are subject to access and to permit inspection and copying – but it should not exceed three business days.  If there are responsive records, not available within three days, then a written description must be provided of the records along with a timetable for their inspection and copying.  Additionally, an agency may require that requests for records be submitted in writing (except that written requests shall not be required for the agenda, summary of matters acted on, and minutes of an agency's most recent meeting and any other records an agency determines to be available without a written request).  If the request must be made in writing, then it may be delivered to the agency via mail, fax, courier, or other delivery in person (it does not address e-mail requests).  The agency shall then prepare and make available to the persons requesting the records forms upon which a person may make his or her written request but the person shall not be required to use an agency's form.  This has been sent to the House Judiciary Committee for review.  

HB 834 – Rep. Wilkinson and others have provided this amendment to O.C.G.A. § 48-5-444 concerning place of return of motor vehicles and mobile homes so that a motor vehicle shall be returned in the county where the motor vehicle is functionally located.  The bill defines "functionally located" as located in a county in this state for 184 days or more during the immediately preceding calendar year.  The 184 days or more requirement of this subsection shall mean the cumulative total number of days during such calendar year, which days may be consecutive.  This was sent to the House Ways and Means Committee.  

HB 843 – Rep. Harbin has offered this amendment by adding a new O.C.G.A. § 33-24-59.5 concerning confirmation and expedited processing of claims filed by electronic means by providers.  This is a mirror of SB 350.  It will require that an insurer within 21 calendar days of receipt of an electronic claim and within 45 days after receipt of a paper claim to either send payment; a denial of the claim; or a reply in writing or by electronic means which states all of the applicable reasons identified in paragraph (3) of this subsection that the insurer may have for failing to pay or denying the claim, either in whole or in part, and which specifies all additional information necessary for the insurer to fully process and pay or deny the claim.  Current law is that the insurer has 15 working days, after receipt of all documents and information, to either process and mail payment for the claim or a letter or notice denying it.  This was referred to the House Insurance Committee.  

HB 844 – Rep. Crawford has offered this as a proposed solution to taxation on cigars and cigarettes.  It provides penalties for counterfeit cigarettes in O.C.G.A. § 48-11-1.  The bill defines a "cigar dealer" and "cigar distributor" as well as a "cigarette dealer," "cigarette distributor," "cigarette importer," "cigarette manufacturer," and "counterfeit cigarette."   Those persons who sell such shall have their product and related machinery seized by the Department of Revenue.  The bill defines charges associated with first offense and subsequent violations (for instance, a first violation with a total quantity of less than two cartons of cigarettes shall be punishable by a fine of $1,000 or five times the retail value of the cigarettes involved, whichever is greater, imprisonment not to exceed five years, or both the fine and imprisonment).  The bill was ordered engrossed. This was sent to the House Regulated Industries Committee.  

HB 852 – Rep. Jamieson has introduced this amendment to O.C.G.A. § 48-7-114(b) concerning an estimated income tax by individuals.  It increases the threshold at which the estimated tax liability payments are required.  Current law is $1,000; this raises it to $5,000.  If passed, it would apply to tax years beginning on and after January 1, 2004 .  This was sent to the House Ways and Means Committee.  

HB 855 – Rep. Jamieson has written this proposed change to O.C.G.A. § 48-8-49(b).  This provides for an increase to the threshold at which estimated tax liability payments are required.  Current law is $2,500; this raises it to $5,000.  This would apply to dealers' sales and use tax returns.  This went to the House Ways and Means Committee.  

HB 864 – Rep. Boggs authored this bill amending O.C.G.A. § 5-6-4 concerning changing provisions regarding certain bill of costs.  A bill of costs for every application to the Supreme Court for a writ of certiorari or for applications for appeals filed in the Supreme Court or Court of Appeals or appeals to the Supreme Court or Court of Appeals is currently $80.00.  This bill raises it to $250.00.   The House Judiciary Committee will review this measure.  

HR 545 – Speaker Coleman and others have introduced this Resolution inviting former President and Nobel Laureate Jimmy Carter to the Capitol to address a joint session of the House of Representatives and the Senate.  This Resolution was forwarded to the House Rules Committee.  

HR 550 – Rep. Dodson has offered this commendation of the Partnership for Health and Accountability which is an effort to bring hospitals, physicians, nurses, pharmacists, pharmaceutical manufacturers, businesses, policy leaders, and consumers together to share data, resources, and expertise in an effort to ensure quality care and patient safety.  

SB 333 – Sen. Thomas and others have co-authored this new Article 2 for Chapter 35 of Title 31.  It relates to vaccinations for firefighters, emergency medical technicians, and public safety officers or the first responders to disasters/accidents.  It provides for a vaccination program for these emergency responders who may be exposed to infectious diseases when deployed to a disaster location.  The Department of Human Resources shall offer a vaccination program for the emergency responders which would include vaccinations for hepatitis A, hepatitis B, diphtheria-tetanus, influenza, pneumococcal, or other disease for which vaccinations are recommended by the United States Public Health Service in accordance with Federal Emergency Management Directors Policy.  Immune globulin shall also be made available when necessary and the Department of Human Resources would have to determine if smallpox vaccinations shall be made available and if so, for which personnel.  Participation in the program is voluntary but participating in the "vaccination program shall be mandatory for emergency responders who are: A) classified as having 'occupational exposure' to blood borne pathogens as defined by the United States Occupational Safety and Health Administration Standard in 29 C.F.R. Section 1910.1030; and B) otherwise required by law to take certain designated vaccinations."  An exemption is provided when a licensed physician expresses that such vaccination is medically contraindicated or if the emergency responder signs a written statement that administration of a vaccination conflicts with his or her religious beliefs.  The vaccination program would only be implemented upon receipt of federal funds or grants for aid for bioterrorism.  This was sent to the Senate Health and Human Services Committee.  

SB 335 – Sen. Lee and others have authored an amendment to Chapter 15 of Title 9 to address litigation costs in civil actions.  It adds a new Code Section at 9-15-14 to provide for attorneys' fees and expenses in litigation to the prevailing party in civil matters and to provide for standards for awarding and declining to award fees and expenses.  The bill also revises current provisions relating to awards of fees and expenses for unjustified claims or positions.  Where a final adjudication on the merits occurs, "reasonable and necessary attorney's fees and expenses of litigation shall be awarded to the prevailing party or parties, unless the court orders otherwise."  The court can decline all or a part of such fees and expenses if it "determines that the claim, defense, or other position asserted by the losing party presented a justiciable issue of law or fact such that it could be reasonably believed that a court would accept the asserted claim, defense, or other position or where the court determines that the prevailing party's conduct of some part of the case violated the standards in O.C.G.A. § 9-15-14(b)(1) or (2)."  Where damages are apportioned, fees and expenses would also be apportioned by the court, unless otherwise ordered by the court.  There is also a provision for appeals so that in any appeal from a trial court's application from this new Code section, the appellate court shall examine the record and make its own determination with respect to the appropriate application of this Code section; and the order of the trial court shall not be accorded presumptive deference."  If this bill passes, it would apply to actions filed on or after July 1, 2003 .  This was referred to the Senate Judiciary Committee.  

SB 336 – Sen. Thomas and others have also offered another tort revision.  This would amend Chapter 1 of Title 51 concerning immunity for certain hospitals, their agents or employees, and other healthcare providers participating in the federal smallpox vaccination and treatment program.  This provides for a new Code section at 51-1-29.4 so that unless injuries or deaths were caused by gross negligence or willful or wanton misconduct, licensed hospitals and healthcare providers and workers who participate in the smallpox vaccination and treatment program would be liable for damages or injuries alleged to have been sustained by any individual by reason of such individual's receipt of a smallpox vaccination or treatment.  The bill was forwarded to the Senate Health and Human Services Committee.  

SB 338 – Sens. Hill, Dean, and Hooks have written this bill amending O.C.G.A. § 21-5-33 concerning distribution of campaign contributions.  It allows that "ordinary and necessary expenses shall include, but not be limited to, expenses which, in the determination of the candidate or public officer, are incidental to the candidate's campaign for public office or the public officer's fulfillment or retention of such office."  The Senate Ethics Committee will review this bill.  

SB 339 – Sen. Henson and others have introduced this legislation amending Chapter 13 of Title 19 in order to provide for a local family violence fatality review committee.  It also creates the Georgia Family Violence Fatality Review Panel.  This is to help provide for better reporting of family violence fatalities.  This was sent to the Senate Judiciary Committee.  

SB 342 – Sen. Unterman and others have introduced this change to O.C.G.A. § 50-5-69 and add a new subparagraph (b.1) in order to provide that the Department of Administrative Services shall provide for the advertisement of bid opportunities valued at $10,000 or more via the Georgia Procurement Registry by a municipality, county, or local board of education without cost to such local government or board of education.  This went to the Senate State and Local Government Operations Committee.  

SB 344 – Sens. Zamarippa, Golden, Smith, and Brown have introduced this change to add a new Code Section at 45-18-3 in order to provide for a consumer driven health plan ("CDHP") for State employees.  Such CDHP would have to: "A) Offer employees 100 percent coverage for a defined schedule of in-network preventive care expenses; (B) Offer employees free choice of providers and up to 100 percent reimbursement on certain expenses from in-network providers; (C) Offer a health reimbursement account plan for each state employee who enrolls in the CDHP that can be used for any combination of expenses routinely covered under Section 213(d) of the federal Internal Revenue Code and that allows unused benefit dollars to be rolled over and used in subsequent years; (D) Offer a PPO plan to supplement the health reimbursement account plan if a member uses all of his or her benefit dollars in a single plan year.  After a deductible has been satisfied, the PPO plan shall provide coverage for in-network and out-of-network services with a minimum coinsurance payment of 10 percent for out-of-network services; (E) Offer employees a network of providers with commercially reasonable access and availability to services standards; (F) Provide employees with access to information regarding the underlying costs for services in order to help them compare service providers; and (G) Provide employees with access to a wide variety of health tools."  If passed, CDHP would have to be offered to existing and any newly hired State employees no later than December 1, 2003 and subsequent enrollment periods.  The bill was referred to the Senate Insurance and Labor Committee.

SB 347 – Sens. Meyer von Bremen and Adelman have teamed together to offer a new Article 3 in Chapter 13 of Title 44 to provide for a reciprocal exemption for a judgment debtor resident in Georgia as against a judgment creditor resident in another state.  This was forwarded to the Senate Special Judiciary Committee.  

SB 348 – Sen. Butler and others co-wrote this bill amending O.C.G.A. § 12-8-40.1(i)(6) so as to provide that each county and municipality in Georgia shall be required to adopt and enforce an ordinance regulating the storage of used tires.  This would require local governments to adopt such ordinance no later than January 1, 2004 .  The Senate Natural Resources and Environment Committee will review this legislation.  

SB 349 – Sens. Lee, Stephens, and Kemp have offered this change to O.C.G.A. § 16-9-120 to change certain provisions regarding identity fraud investigations.  It allows any law enforcement agency in Georgia to make such investigations as provided for in O.C.G.A. § 16-9-123.  Previously, the Governor's Office of Consumer Affairs was to maintain a repository of all complaints involving identity fraud; the bill requires that the Georgia Crime Information Center maintain such information which shall not be subject to public disclosure.  Among other provisions in the bill includes a mechanism for a consumer, who is a victim or suffers damages as a result of identity fraud/theft, to bring an action individually or as a representative of a class against the person or persons engaged in such violations under the rules of civil procedure to seek equitable injunctive relief and to recover general and punitive damages sustained as a consequence in any court having jurisdiction over the defendant.  Punitive damages shall be awarded only in cases of intentional violation (for intentional violations, the court is instructed to award three times the actual damages). This was forwarded to the Senate Rules Committee.  

SB 350 –Sens. Lamutt, Zamarippa, Shafer, and Stephens have dropped this bill changing the State's current prompt pay law for insurers.  This is a mirror of the House version of this bill.  It provides for the confirmation and expedited processing of claims filed by electronic means by healthcare providers.  It also establishes procedures for handwritten claims.  There are also provisions for health care insurer compliance and fines for health insurers who fail to meet standards.  This adds a new Code Section at O.C.G.A. § 33-24-59.5.  This bill was referred to the Senate Insurance and Labor Committee.  

SB 351 – Sen. Lamutt and others have provided this records disclosure measure amending O.C.G.A. § 50-18-72 by adding a new subparagraph (a)(11.3)(A).  This exempts from public disclosure a person's home address, telephone numbers other than business numbers in addition to information currently protected (individual's social security number, mother's birth name, credit card information, debit card information, bank account information, financial data or information, and insurance or medical information in all records, and if technically feasible at reasonable cost, day and month of birth, which must be redacted from any records prior to disclosure).  This was forwarded to the Senate Judiciary Committee.  

SB 355 – Sen. Meyer von Bremen has offered this bill proposing the Medical Malpractice Market Stability Act.  It authorizes the Commissioner of the Department of Insurance in Title 33, Chapter 2 to require medical malpractice insurers in Georgia to form a market assistance plan to assist those who are unable to purchase medical malpractice insurance in an adequate or affordable amount.  The Department of Insurance would also be required to study the feasibility and desirability of: 1) forming a hospital mutual company or similar entity as a mechanism for helping hospitals to secure insurance and for stabilizing the market; 2) forming additional physicians' mutual insurance companies or similar entities; 3) creating a joint underwriting association to provide medical malpractice insurance for physicians and hospitals; 4) forming a state-funded or administered insurance plan for providing medical malpractice liability insurance coverage for physicians and hospitals in Georgia; 5) creating an alternative pooling agreement to facilitate the issuance and underwriting of medical malpractice liability insurance policies in Georgia; and 6) implementing other means to increase competition in order to attract more insurers to Georgia and to increase the availability and affordability of medical malpractice liability insurance.  This measure was forwarded to the Senate Insurance and Labor Committee for review.  

SB 358- Sens. Brown, Thompson, and Thomas have dropped this amendment to Chapter 9 of Title 33 in order to create the Medical Malpractice Insurance Premium Reform Act.  Among the bill's provisions include a requirement that "each domestic, foreign, and alien insurer writing or authorized to write medical malpractice insurance in this State, shall develop and establish rates based upon each individual insurer's experience in this state to the extent actuarially credible.  The experience filed shall include the loss ratios, allocated and unallocated loss adjustment expenses which shall segregate and identify litigation expenses related to claims, reserves, reserve development information, expenses including commissions and dividends paid, investment income and losses, pure premium data adjusted for loss development and loss trending, profits, exposure data, credit and debit information, and all other data and information used by that insurer in formulating its rates that are used in this state and any other data and information required by the Commissioner.  In establishing and maintaining loss reserves, no medical malpractice insurer shall be allowed to maintain any excess loss reserve for any claim or potential claim for more than 90 days after the amount of liability for such claim or potential claim has been established, whether by final judgment, settlement agreement, or otherwise.  This limitation on the maintenance of loss reserves shall be enforced through this Code section as well as through Code Section 33-9-23, relating to examination of insurers.  The Commissioner is authorized to accept such rate classifications as are reasonable and necessary for compliance with this chapter."  The bill also adds a new Code Section at 33-9-21.3 which will require "every domestic, foreign, and alien insurer providing medical malpractice insurance to a health care provider in this state and every health care provider in this state who maintains professional liability coverage through a plan of self-insurance shall submit to the Commissioner (of Insurance and consumer's insurance advocate) a report of all claims, including both open claims and closed claims filed during the reporting period, for medical malpractice made against any of its insureds in this state during the preceding three-month period."  The bill outlines details of this written report such as the total dollar amount of premiums earned for medical malpractice insurance coverage including both primary and excess coverages; number of insured from whom medical malpractice insurance coverage premiums were collected; total number of claims reported; total number of claims closed without payment; total number of claims closed with payment identifying each claim amount paid; total number of legal actions filed; number of verdicts or judgments for defendants; specifics about each claim – such as date of occurrence, date suit filed (if such occurred), etc.  If the insurer fails to report, there are penalties which can be imposed by the Department of Insurance (not less than $1,000 but not more than $10,000 for each violation) and the Department can file suit in Fulton County Superior Court for penalties not paid.  With this information gathered, the Commissioner of the Department of Insurance will be required to report to the General Assembly an annual summary identifying the rate increases and decreases, condition of the market, information regarding specific claims experiences, recommendations concerning the medical malpractice insurance market, and an appendix providing company-by-company information on these issues.  This also was forwarded to the Senate Insurance and Labor Committee.

Committee News  

          As day 33 is fast approaching, there were a number of hastily held meetings to get legislation onto the Rules Committee and onto the Floor of the respective houses.  

Senate Health and Human Services  

          SB 266 was passed by the Committee.  Sen. Meyer von Bremen authored and presented this bill.  It proposes to amend O.C.G.A. § 31-12-3.2.  A post-secondary educational institution would be required to provide detailed information on the risks associated with meningococcal meningitis and the availability, effectiveness, and known contraindications of any required or recommended vaccine against meningococcal meningitis to each student, or the student's parent or guardian (if the student is a minor), who has been accepted for admission.  It also would require a written waiver be signed by any student who would be residing in on-campus housing or otherwise provide documentation of vaccination against meningococcal meningitis.  However, the bill does not require any post-secondary educational institution to provide or pay for vaccinations against meningococcal meningitis.  

SB 265 also passed out of the Committee. The bill amends current law at O.C.G.A. § 31-11-3.2 and would require registration of automatic defibrillators.  There were no changes to the legislation as passed.  

SB 264 passed, which amends Title 31 concerning community living arrangements.  The bill provides for actions against community living arrangements and drug abuse treatment and education programs licensed by the Department of Human Resources and amends the definition of "institution" so as to delete community living arrangements from such.  It also provides for the relocation of residents of certain community living arrangements and patients of certain drug abuse treatment and education programs under certain emergency conditions and also amends the definition of long-term care facility (for purposes of reporting abuse or exploitation) to include community living arrangements.  There was no discussion or opposition raised.  

As discussed above, SB 333 deals with vaccinations of emergency workers who are first responders.  It establishes certain requirements and provides for exemptions.  This too cleared the Senate Committee with little discussion.  

SB 336 also passed.  This bill provides immunity for certain hospitals, their agents or employees, health care providers, health care workers, and certain other persons participating in the federal smallpox vaccination and treatment program.  There was no discussion although the Georgia Hospital Association stated that it supported the effort.  

SB 170, which establishes a consumer- or family-directed care program, also passed.  This will be known as the Georgia Independence Plus Act and is patterned after President Bush's initiative to keep people in their homes rather than in institutional settings and allows them to pick and hire their caregivers.  It would apply to those currently receiving assistance through Medicaid.  

Senate Judiciary Committee  

          SR 1, Sen. Harp's Resolution proposing a Constitutional Amendment to allow public money to be used by religious or sectarian organizations and denominations and houses of worship for the purpose of providing public health or social services to people in need without regard to any recipient's religious affiliation, belief, practice, or lack thereof provided that no such public money shall be used for sectarian worship, instruction, or proselytization, passed out of the Committee with an amendment.  An amendment was added to require that the eligible grantees be a separate charitable affiliate of the religious organization.