Floor News  

          HB 122, the FY 2004 Budget proposal, finally made it to the House Floor for approval.  A number of cuts were made in an effort to address the revenue shortfall.  The House approved the transferal of $30 million of tobacco settlement funds in the Department of Education’s budget to the Department of Community Health.  These monies were used for school nurses.  By transferring the dollars, it is hoped that these funds could draw down additional federal dollars in an effort to make the hospitals ‘whole’ as they currently are proposed to take significant cuts in their inpatient rates.  Some of the larger hospitals, such as Grady Hospital, are opposed to this idea as it would require hospitals who participate in the Indigent Care Trust Fund to use their primary care obligation (which is 15%) to go towards providing school nurses.  Grady currently uses its primary obligation funds for pharmacy costs.  Grady believes that this will only deepen their cuts – perhaps as much as $10 million.  Other proposals in the budget include:  

·        $15 million currently used for the “Greenspace” program, would be forfeited.  Legislators hope that these dollars will be restored once the budget situation improves.

·        $11 million has been taken out of the bond package in the FY 2004 budget.

·        Legislators also took out some of their own dollars: $1.19 million from the House of Representatives operating budget.  

          In the Department of Community Health Budget, here are some of the changes the House proposed:  

·        Restoration of family planning dollars of $112,908 in the Department of Community Health budget.

·        Mercer School of Medicine had some monies restored so that it would suffer approximately a $600,000 cut rather than a $1.6 million cut.

·        Pharmaceutical costs in the State’s program are also to undergo a cut of $3.8 million (9 million in total funds).  This would require the Department of Community Health to implement a pharmacy quality and cost control initiatives program including the implementation of a disease state management program for non-nursing home resident Medicaid recipients.

·        An add of $100,000 for the contract, through Emory, to continue the Folic Acid-Education Initiative.

·        An addition of $250,553 for the reflection of the reduction of the pass-through of funds to the Morehouse School of Medicine.

·        The Governor had proposed a $4.8 million cut for dental services.  The House reinstated approximately $1.2 million to pay for dental care programs for people in the Medicaid program so that only about $3.6 million would be cut.  There is great concern that implementing a full 10% cut to these providers will cause many dentists to quit providing care to Medicaid clients.   

          Under the Department of Human Resources’ Budget, there were a number of further reductions taken.  Here are a few:  

·        A $2 million cut by eliminating the child support enforcement checks by providing bank-sponsored debit cards for payments.

·        A savings of $270,000 by eliminating the performance audit contract funds for Community Service Boards.

·        A $485,000 savings by refinancing with tobacco settlement funds the tobacco cessation education and tobacco use prevention programs.

·        A cut of $1.5 million by renegotiating the current personal services contracts and re-bidding of the remaining contracts in Information Technology.

·        A savings of more than $1.6 million by reducing the extended services of re-employed retirees.  

          The Department of Human Resources did get some additional enhancements:  

·        $100,000 for S.Cell, Inc. at Grady Memorial Hospital .

·        $16,000 for Healthy Mothers Health Babies Powerline.

·        $100,000 for Suicide Prevention.  

          An additional $5.8 million was added to fund 100 additional child protection caseworkers within the Department of Family and Children's Services (this was also part of the Governor’s proposal).  Foster parents also got some relief: the $825,000 request by Governor Perdue remained which would pay for efforts to identify and recruit quality foster parents.  Also, the clothing allowance was also left in the budget for foster care children (this was $579,000).  

In an effort to assure clean, plentiful, and safe water, $475,000 was added to fund the North Georgia Metropolitan Water Planning District.  

          Here are a few other highlights from the Budget proposed:  

·        $244,000 was added back into funds for Georgia 's public libraries.

·        $50,000 for the Georgia Council for the Hearing Impaired.

·        $75,000 for the Metro YWCA child care program.  

          Legislators still need to ‘find’ $128 million or propose a revenue enhancement such as a sales tax.  Many Legislators favor a tobacco or food sales tax.  However, neither side (i.e., Republicans or Democrats) is willing to step up and do the right thing for fear that they will be blamed for raising taxes.  Members voted 114 to 63 to pass HB 122.  It now moves to the Senate for finalization.  

          HB 619 by Rep. Harbin also cleared the House by a vote of 161 to 1.  The bill would allow for the issuance of group accident and sickness insurance under a franchise group plan.  A franchise group plan is defined as a form of group accident and sickness insurance whereby an insurer issues a master policy to a franchise association for the benefit of individual members of such association.  

Indigent defense for poor persons arrested on criminal charges was another hotly contested topic.  HB 770, the bill by the Speaker, gave many Legislators heartburn.  Some believe that if Georgia does not deal with the situation, then the federal courts will direct Georgia in how it must handle its indigent defense program.  Currently, some counties contract with lawyers, others use pro bono efforts, and others hire someone specifically to take on the cases.  Thus, there is no ‘evenness’ in the system.  Many people find themselves assigned to attorneys who are already overloaded with cases.  HB 770 proposes to create a Georgia Public Defender Standards Council which would be comprised of fifteen members.  The Governor, Lt. Governor, Speaker of the House, Chief Justice of the Georgia Supreme Court, and Chief Justice of the Court of Appeals would each appoint two members, with the remaining five members to be composed of acting public defenders serving in state court circuits.  The Council would develop and implement standards for the operation of a public defender's office, as well as the guidelines for determining the financial eligibility of persons claiming indigence.  While the Council could determine a person’s eligibility and worthiness to hold this office, it would also be able to remove a public defender from office for violation of determined standards and regulations.  Each judicial circuit would get their own public defender who would be paid with State funds and who would be appointed by a five-member public defender selection panel (appointed by the Governor, Lt. Governor, Speaker of the House, Chief Justice of the Georgia Supreme Court, and the chief judge of the superior court in the affected circuit).  Each appointed public defender would be permitted to hire his or her staff such as deputy public defenders, paralegals, investigators, secretaries, etc.  This sets up a parallel program like the prosecutor (or district attorney).  The circuit’s public defender would also have the authority to establish a juvenile division.  There are some provisions inserted so as to limit conflicts of interest – such as lawyers are not allowed to engage in the private practice of law.  The proposal is good but it comes at a time when Georgia ’s budget is ‘tight.’  It is estimated that this program could cost the State between $45 and $60 million annually.  In the end, the bill cleared the House by  a vote of 130 to 42.  

          HB 792 was presented by Rep. Porter.  This bill dealing with class action certification conforms Georgia ’s law with the federal rules on this issue.  He cited that this was good and balanced for business in Georgia .  There were previous attempts to use this bill as a vehicle for some tort reform changes but none were added on the Floor.  The Committee Substitute was adopted and the bill passed by a vote of 170 to zero without amendments.  

          The House passed by Floor Substitute HB 628 which amends Georgia ’s laws relating to occupational regulation legislation.  It changes provisions relating to the Georgia Occupational Regulation Review Council which oversees legislation regarding the regulation of new professions.  It currently has ten members; this increases it to thirteen members adding the Commissioner of the Department of Community Health and two members from the House of Representatives to be appointed by the presiding officer and two members from the Senate to be appointed by the presiding officer.  It eliminated the position of the Chair which was from the General Assembly and the Comptroller General (it inserted the Commissioner of Insurance in its place).  Further, when a bill is referred to this Council, the director of the Office of Planning and Budget or his or her designee shall be required to designate a panel of five non-legislative members and two legislative members to review the bill.  Previously, the Chair of the Committee where the bill was assigned automatically sent the legislation to this Council.  Now, the Chair has the discretion to send the bill to the Council.  The bill gained passage by a vote of 168 to zero.  

An ethics bill also came to the Floor for a vote.  HB 771, which passed by a vote of 168 to zero, strengthens Georgia ’s law relating to the conduct of individuals in State government.  The proposal moves all duties and powers for regulating ethical behavior to the State Ethics Commission.  Currently some of these responsibilities are placed with the Secretary of State.  The Commission would be appointed with staggered four-year terms.  HB 771 also tries to define “ordinary and necessary expenses” as those reasonable expenditures for office costs and rent, lodging, equipment, travel, advertising, postage, staff salaries, consultants, files storage, polling, special events, volunteers, reimbursements to volunteers, contributions to nonprofit organizations, and flowers for special occasions such as funerals or birthdays.  The State Ethics Commission would also be required to establish a database on rulings dealing with the use of campaign contributions.  The database would help give some perspective on what expenses were permitted.  It also adds a 30-day grace period for persons who have made small technical errors, such as an incorrect date or missed address, to correct those errors without actually having an ethics complaint filed against their record.  Failure to make corrections, however, could lead to complaints and fines of up to $50 per technical error.  The bill also addresses some of the concerns about how much a candidate can accept from one donor.  Currently, that limit stands at $16,000.  Under this bill candidates for office would only be allowed to accept $8,000 from any person, corporation, political action committee, candidate, campaign committee or political party.  There would also be caps placed on state and local party offices in the amount of $5,000.  More persons are also required to ‘register’ as lobbyists under this bill.  It would require any person who is working for an entity which is seeking to be a vendor doing business with the State would be required to register.  Also, any Legislator who wishes to ‘lobby’ would not be allowed to do such immediately upon leaving office.   

The Senate side of the hall took on several bills.  Tribute was paid to fallen soldiers in Iraq : Army Spc. Jamaal Addison of Roswell and Army Pfc. Diego Fernando Rincon of Conyers. 

Sen. Price announced that a Joint Session would take place honoring former U. S. President and Nobel Laureate Jimmy Carter to address a joint session of the House of Representatives and the Senate.  HR 545 was adopted by a vote of 47 to 0.  

Sen. Crotts presented SB 239, which relates to apportionment and qualifications of the Senate, so as to change the composition of two State senatorial districts.  The bill passed by a vote of 49 to 0.  

Sen. David Shafer explained SB 8, the Budget Act, which would eliminate provisions relating to the annual continuation budget report.  A substitute was proposed by Sen. Meyer von Bremen, but he moved to withdraw his substitute.  The motion carried.  A number of Senators spoke about SB 8 which eventually passed by a vote of 41 to 10.   

Sen. Don Cheeks presented SB 157, which would declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities.  This is another version of predatory lending.  Sen. Chuck Clay explained his Floor Amendment to SB 157, which relates to penalties for offenders of “payday lending.”  While there was opposition to SB 157, Sen. Nadine Thomas spoke in favor of the bill.  Amendment 1, addressing penalties, was adopted by a vote of 41 to 11.  The committee substitute to SB 157 was adopted as amended by a vote of 46 to 2 and the bill passed by Substitute as amended by a vote of 46 to 6.  

Child prostitution was another topic which the Senate addressed.  After a lunch break, the Senate took up SB 77 which proposes to create the offense of keeping a place for child prostitution, pimping, or pandering.  The bill passed by a vote of 41 to 0. 

          Another piece of legislation in an effort to help address the pesky telemarketers also came to the Floor.  Sen. Seabaugh presented SB 272, which proposes to add mobile cell phones to those eligible for the Statewide telemarketers’ no-call list.  While in Committee, an amendment was made to help clarify terms “cell phones” and “mobile” or “wireless” phones.  The bill passed as amended in Committee by a vote of 48 to 0.  

Proposed to address economic development issues, Sen. Mullis presented SB 89, which would require Georgia drivers’ licenses to indicate the license holder’s citizenship.  Sen. Clay proposed an amendment on the Floor which would remove the fingerprinting requirement for state drivers’ license applications.  There was opposition raised to this by Sen. Lee.  The floor amendment to SB 89 was adopted by a vote of 30 to 22, but Sen. Lee moved to reconsider the amendment.  The motion carried by a vote of 27 to 25.  Upon reconsideration, the amendment was adopted by a vote of 27 to 24.  The committee substitute to SB 89 was adopted by a vote of 31 to 19, however, SB 89 failed to gain passage by a vote of 24 to 27.  

In an effort to deal with Charter Schools, Sen. Price presented SB 203, which would create virtual charter schools.  A number of Floor Amendments were presented.  Sen. Price also addressed Amendment 3, which he favored.  This amendment would require each teacher in the schools to have a valid Georgia teaching certificate.  Sen. Butler spoke about Amendment 1, which would allow the Department of Juvenile Justice and Department of Corrections to provide enrollment in virtual charter schools for juveniles in custody.  Sen. Jackson presented Amendment 2, which addresses an omission in HB 1187, concerning salary raises for nationally certified speech-language pathologists and audiologists, contingent upon available funding.  Sen. Butler’s amendment was adopted by a vote of 36 to 0.  Sen. Jackson’s amendment was also approved by a vote of 41 to 0.  Sen. Price’s amendment was also adopted by a vote of 24 to 1.  The bill then passed as amended on the Floor by a vote of 45 to 2 .  

Sen. Stokes presented a Committee Substitute to SB 123.  The bill clarifies the role of sheriffs relating to the family violence and stalking protective order registry.  The legislation passed by substitute by a vote of 47 to 0.  

Price gouging by hotels or motels was also on the agenda.  Sen. Gillis presented SB 150, which seeks to prevent such price gouging by hotels or motels during special sporting events.  It passed by a vote of 37 to 10.  

Safe prescriptions were also of interest today.  Sen. Don Thomas presented SB 179, the Patient Safe Prescription Drug Act, which establishes regulations for electronically transmitted prescriptions and includes provisions for increased patient confidentiality.  There were amendments proposed.  Sen. Nadine Thomas presented Amendment 2 which would allow  advanced practice registered nurses to have prescriptive authority.  Sen. Nadine Thomas’ amendment was ruled as not ‘germane’ by Sen. Eric Johnson.  After some maneuvering on challenging this ruling, which caused  the ruling to be sustained by a vote of 35 to 16, Amendment 2 was called out of order due to Senate Rule 159 or germaneness.  SB 179 passed as amended by a vote of 49 to 0.  

          A bill relating to Terrorism Prevention also was on the agenda.  Sen. Hamrick presented a Committee Substitute to SB 187, which adds Terrorism Prevention to the Organized Crime Prevention Council’s title and duties.  The committee substitute was adopted by a vote of 37 to 0 and the bill passed by substitute by a vote of 48 to 0.  

Sen. Preston Smith presented SB 243, which establishes a unified incident command system for the state of Georgia to facilitate emergency management across multiple jurisdictions.  The legislation also passed by substitute by a vote of 46 to 0.  

In an effort to save state funds, Sen. Moody explained SB 273, which would allow for the creation of the Public/Private Infrastructure Act.  It would allow private dollars to be used in partnership with government for the construction of infrastructure projects (such as schools and water sewage treatment facilities).  Sen. Brian Kemp presented a Floor Amendment to SB 273.  The committee amendment was adopted by a vote of 38 to 0.  The floor amendment was adopted by a vote of 34 to 0.  The bill passed as amended 47 to 3 .  

Sen. Collins presented SB 198, which authorizes national background checks on providers of care to children, the elderly, and individuals with disabilities.  The bill also passed by a vote of 52 to 0.  

New Legislation  

HB 930 – Rep. Parrish has proposed changing the start date for public schools.  This change will added in O.C.G.A. § 20-2-71 so that “the board of education of a local school system shall establish a start date for the school year for the elementary and secondary schools of the state that is not earlier than the last Monday in August and not later than the Wednesday after Labor Day.”  

HB 931 – Rep. Gardner has authored this change to Chapter 4 of Title 37 concerning habilitation of the mentally retarded so as to authorize persons designated as representatives of persons with mental retardation to provide for certain consents to treatment, habilitation services, and behavioral interventions.  It also establishes the provision for the appointment of the guardian ad litem for hearings and authorizes certain designated representatives to provide consent for clients lacking capacity to consent.  The bill also addresses requirements relating to notice provisions and when those must be provided to a client and entered in their file.  

HB 935 – Rep. Harrell and others have authored this change by adding a new Code Section at 49-6-8 which would establish an advisory committee on seniors and prescription drug costs.  This advisory committee would be appointed by the director of the Division of Aging Services of the Department of Human Resources.  It would have 11 members: one physician specializing in gerontology; one pharmacist; one member of a nonprofit organization which advocates for seniors; one senior consumer; a representative of the pharmaceutical industry; and one representative of the area agencies on aging.  The Speaker of the House would appoint one member from the House of Representatives and the President of the Senate would appoint one from the Senate.  

HB 941 – Rep. Ray and others have proposed this change to O.C.G.A. § 44-14-490 so that every veterinarian or other facility (such as boarding kennels, stables, livestock sales barns, etc.) which boards animals or pets can place a lien on each animal or pet in his or her care for the payment  of all charges of such operator of the facility.  Additionally, the operator can have the right to retain the animal or pet until charges are paid in full.  Currently, only vets can have this right.  

HB 943 – Rep. Dean has proposed this legislation to amend the recreation of a state courts system with limited jurisdiction for each city in Georgia having a population of 300,000 or more and to specifically provide for distribution of proceeds of the additional penalties for victims and witnesses assistance programs.   

HR 617 – Rep. Mills has authored this Resolution urging the United States Senate to pass and the President to sign legislation which bans human cloning.  

HR 619 – Rep. Wilkinson has authored this Resolution which urges the Department of Community Health to make corrections to regulations adopted by the Department of Community Health’s Division of Health Planning which are in conflict with the intent of legislation outlined in O.C.G.A. § 31-6-1(14)(G)(iii) relating to physician-owned single-specialty ambulatory surgical centers which are exempt from certificate of need.  The rule specifically in question is Rule 272-2-.09(1)(b)(10) which provides that the practice of general surgery is not a single specialty for the purposes of the certificate of need law.  The Resolution states that the Georgia Court of Appeals in Albany Surgical, P.C. v. Department of Community Health on September 27, 2002 , held that the General Assembly acquiesced in the Department of Community Health’s rule that general surgery is not a single specialty for the purposes of certificate of need law.  The Resolution states that lack of comments by the Senate Health and Human Services Committee regarding this Rule during its adoption process should not be construed that there was approval of such.  

HR 621 – Rep. Smith and others have co-authored this Resolution proposing the creation of the House Un-funded Mandates Study Committee which may impose serious fiscal burdens on local governments and taxpayers.  This would be composed of six persons: three House of Representatives’ Members, appointed by the Speaker; and presidents of the Association of County Commissioners of Georgia, Georgia Municipal Association, and Georgia School Boards Association.  

HR 623 – Rep. Smith and others have proposed the creation of the Commission on Efficiency in State Government.  This would look at ways that government could improve its policies and programs.  It would look at a uniform policy concerning overview and auditing the branches, departments, and agencies of State government.  It would have three members appointed by the Speaker from the House of Representatives; three members appointed by the President of the Senate; the State auditor; Director of Office of Planning and Budget; Commissioner of Administrative Services; a State department head to be appointed by the Governor; and three citizens to be appointed by the Governor.  

HR 662 – Rep. Mobley and others have introduced this Resolution proposing May as Stroke Awareness Month in Georgia .  

HR 678 – Rep. Orrock and others have proposed designating April 15, 2003 as “Equal Pay Day” so as to acknowledge the passage of the federal Equal Pay Act and Title VII of the federal Civil Rights Act for women and persons of color.  

SB 367 – Sen. Meyer von Bremen has proposed a change to O.C.G.A. § 31-2-7 in an effort to repeal the current definition of “prior approved system” as it relates to standards for sewage management systems.  The Department of Human Resources may regulate these according to the legislation.  The bill establishes new definitions for ‘chamber system’; ‘conventional system’; and ‘on-site sewage management system.’   

SB 376 – Sen. Balfour has proposed enactment of the Health Access Improvement Act in an effort to allow advanced practice registered nurses the ability to have prescriptive authority.  These rights would be under certain conditions and would require that the nurses operate under a collaborative practice agreement with physicians.  Before a nurse could enter a collaborative practice agreement, he or she must submit to the Board an application which documents that he or she is an advanced practice registered nurse (such evidence would be the holding of  a current and unrestricted license as a registered professional nurse in Georgia; has current authorization to practice as an advanced practice registered nurse; has at least a master’s degree unless that person got an A.P.R.N. prior to January 1, 1999; and has completed graduate level pharmacology course work or has had 30 contact hours in pharmacology within four years prior to entering into the collaborative practice agreement).  There are provisions in the bill providing liability and immunity and disciplinary actions.  This would be established as a new Article 3 in Chapter 26 of Title 43.  Another one of the specific provisions included is the following:         

“The prescription drug or device order form shall include the name, address, and telephone number of the collaborating physician or physicians and of the advanced practice registered nurse or nurses, the patient’s name and address, the drug or device ordered, the number of refills, and directions to the patient with regard to the taking and dosage of the drug.  Such form shall be signed by the advanced practice registered nurse using the following language: “This prescription drug or device order is executed by ________________, A.P.R.N., by virtue of the authority of a collaborative practice agreement with ___________, M.D./D.O.”

The bill also would require that a copy of the prescription drug or device order or a record of such order shall be maintained in the patient’s medical file.  

SR 325 – Sens. Henson and Tate have proposed the creation of a Senate Study Committee on the Funding of Science, Arts, and Cultural Services.  It would be composed of five members of the Senate and report back its findings on or before December 31, 2003 .  

SR 362 – Sen. Butler and other colleagues have also proposed the recognition of Equal Pay Day on April 15, 2003 .  

Committee Activity  

House Ways and Means Committee  

          HB 549 cleared the Committee.  It amends Chapter 18 of Title 48 relating to insurance premium tax credits with respect to certified capital companies so as to provide for delayed implementation of such.  This specifically amends O.C.G.A. § 48-18-3.  Currently, the law states that after July 1, 2005, a certified investor shall be entitled to take up to 10% of such vested tax credits in any taxable year to reduce the certified investor’s state premium tax liability for such taxable year of the certified investor, plus up to 10% of the original amount of any tax credits some or all of which was carried forward unused pursuant to O.C.G.A. § 48-18-3(b).  This extends the date until January 1, 2007 .  

          HB 181 also cleared the Committee.  This amends definitions for Internal Revenue Code and Internal Revenue Code of 1986 in O.C.G.A. § 48-1-2(14) so that the new definition states:  

“'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2003, the provisions of the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 2003, except Section 168(k) and Section 1400L of the Internal Revenue Code of 1986 shall be treated as if they were not in effect.  In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 2003 , the term means the provisions of the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date.  Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue  Code of 1986.  For taxable years beginning on or after January 1, 2003 , provisions of the Internal Revenue Code of 1986 which were as of January 1, 2003 , enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes.”

          HR 587 also cleared the Committee.  This is the Resolution proposing a Constitutional Amendment to create a trauma center and hospital emergency room support fund so that all fees collected from ambulatory surgery centers, etc. could be designated to this fund.  The dollars would go towards helping designated trauma centers and hospitals with 24-hour emergency rooms. This is a companion to HB 791.  

          The Committee also passed a Substitute to HB 68 amending O.C.G.A. § 48-2-35.  It amends current law concerning refunds of taxes and fees that are erroneously or illegally assessed and collected by the State’s revenue commissioner.  It states that a claim for refund may not be submitted by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated.  

House Judiciary Committee  

          HB 792 was reported out of Committee.  This bill, brought to Rep. Dubose Porter’s attention by Home Depot, proposes to revise provisions relating to class action lawsuits.  It amends O.C.G.A. § 9-11-23 and basically adopts the Federal Rule relating to Class Actions.  The bill had a hearing during the week of March 31 and amendments were made to the bill eliminating some provisions relating to appeals which would be allowed by parties so that they could file such if there were issues relating to orders on class certification.  Amendments made in Committee add new language to subparagraphs (e), which states that a class action cannot be dismissed or compromised without court approval and (f), which allows the appropriate appellate court to permit an appeal from an order of the trial court granting or denying class action certification within 10 days after entry of the order.  The bill is now in the House Rules Committee where it was cleared and placed on the Calendar as noted above.  

House Health and Human Services Committee  

          Rep. Buckner’s bill attempting to address rising medical malpractice premiums experienced by hospitals, HB 326, was reported out of Committee.  It was amended to address concerns by the Department of Administrative Services’ (“DOAS”).  DOAS would be authorized to obtain a group liability insurance policy for and on behalf of non-profit hospitals which are operating an emergency room on a 24/7 basis.  The non-profit hospital (which would be required to be a 501(c)(3) entity) would have to enter into a written agreement with DOAS that it would accept the rate DOAS could procure – this would have to be done prior to the DOAS’s negotiations with insurers.  Premiums would be paid by the hospitals and the State would not have any liability to pay such premiums.  This has a sunset provision of July 1, 2006 .