February 7, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

          Greetings!!  Today was a very busy day as the House voted out the Supplemental Budget for FY 2001 and both the Senate and House had full Committee meeting schedules.

 Floor Activity 

          In a vote of 155 to 19 and after numerous questions raised by House members, the House passed out its Supplemental Budget, HB 174.  This now moves to the Senate for its review and approval.  Rep. Larry Walker presented the Supplemental Budget while Rep. Terry Coleman served as the presiding officer.  Rep. Mitchell Kaye had several questions and concerns in regard to the State’s use of bonds and making payments on those bonds.  

An additional report on the Budget will be supplied in a later Report. 

          The House was also planning to take up the bill known as the Patient’s Right to Know Act, HB 156, but this bill was rolled back to the House Rules calendar.  

Newly Introduced Legislation 

SB 131 – Sen. Brown and others introduced another centralized credentialing bill for providers.  This bill is similar to Rep. Nan Orrock’s bill, HB 356.   It would amend Chapter 1 of Title 43 of the Code to provide for centralized collection of credentialing data for health care practitioners.  It would be known as the “Centralized Collection of Credentialing Data for Health Care Practitioners Act.” 

SB 132 – Sen. Stokes and others have introduced this bill amending O.C.G.A. § 31-11-2 concerning emergency medical services.  It would provide for the transfer of certification and re-certification responsibilities for paramedics and cardiac technicians to the Dept. of Human Resources from the Composite State Board of Medical Examiners.  There are additional definitions as well as methods for certification and re-certification.  The bill also addresses revocations, investigations, subpoenas, and hearings. 

HB 446 – Rep. Golick and additional members of the House Insurance Committee have offered this proposal in an effort to meet any conflicts with Title V of the Gramm-Leach-Bliley Act found at 15 U.S.C. 6801, et. seq.  It would specifically amend Chapter 39 of Title 33.  It would establish standards for the collection, use, and disclosure of information gathered in connection with insurance transactions.  Additional definitions have been proposed for the terms “adverse underwriting decision,” “institutional source,” “insurance institution,” “insurance-support organization,” “insurance transaction,” etc.  One specific definition for “licensee” that is proposed:  “means all licensed insurers, producers, and other persons licensed or required to be licensed, or authorized or required to be authorized, or registered or required to be registered, pursuant to the Georgia Insurance Code; an unauthorized insurer who places business through a licensed surplus line broker in this state pursuant to Chapter 5 of this title; or other covered entities.  A licensee that is a producer or agent is subject to all of the requirements of this chapter, except when the producer is employed by a licensee as a common law employee or a statutory employee as defined under 26 U.S.C. 3121 (d)(3), or collects or discloses personal information on behalf of or at the direction of a licensee.”  The bill also will allow at O.C.G.A. § 33-39-26, the Commissioner of Insurance to promulgate any rules and regulations as necessary on a reasonable basis in order to conform with the requirements of the federal Health Insurance Portability and Accountability Act of 1996 as well as Title V of the Gramm-Leach-Bliley Act. 

HB 462 – Rep. Hembree authored this amendment to Chapter 12 of Title 16 in order to require that a female give her informed consent prior to an abortion.  This is similar to another proposal known as the Woman’s Right to Know Act. 

Committee Activity 

          In the House Industry Committee, HB 155 passed without any amendments.  This bill pertains to nonprofit organizations use of bingo games.  It requires that a nonprofit entity be in existence for 12 months where the section previously required an entity to be in existence for 24 months.  It retains the amount of the annual fee of $100 paid to the Georgia Bureau of Investigation. 

          The House Human Relations and Aging Committee amended HB 264, concerning nursing homes surveys, by striking subparagraph 3, at the insistence of the Dept. of Human Resources.  The bill came before the Committee due to new federal regulations concerning nursing homes.  The Dept. of Human Resources also had some concerns relating to re-surveying of a facility within a 48-hour time period when infractions have been found at a nursing facility by the Dept. of Human Resources.  The Department has agreed to work on additional language for this portion of the bill as it would prefer that the nursing home, when violations have been reported to the Office of Regulatory Services and a plan of correction has been imposed and submitted by the facility, not incur additional penalties for the same violations – however, the Department would like the ability to pursue any new violations if such are found. 

          HB 332, previously on the agenda pertaining to Community Service Boards, was held for the Human Relations and Aging Committee’s meeting next week.  The reason was due to the author’s amendments on the bill and at his request. 

          The Subcommittee of the House Appropriations Committee met to discuss the FY 2002 Budget.  Commissioner Russ Toal addressed the Subcommittee and explained the various items in the enhancements.  Several members raised questions – Rep. Nan Orrock raised the issue that home health agencies are experiencing shortfalls in their reimbursement rates for pediatric visits.  She asked the Commissioner if something could be done to address such shortfalls.  The Commissioner expressed that meetings had been held to work on an arrangement where the providers around the State could have capitated rates.  There were also questions, such as those asked by Rep. Channell, on where the Tobacco Settlement Dollars would be used - $2.1 million – with portions going towards residency programs and curriculum changes for oncology programs for the health professional schools. 

          The House Health and Ecology Committee met and passed out four pieces of legislation.  HB 241, the Georgia Volunteer in Dentistry Act, sailed out of Committee with one amendment whereby the Board of Dentistry may now be able to issue special licenses to retired dentists.  Rep. Childer’s bill, HB 285, making certain that all eye banks are nonprofit entities and may not be affiliated with for-profit corporations, also passed out of the Committee.  HB 355, concerning the Registered Nurse First Assistants' being allowed to have direct reimbursement from health plans, also passed as amended.  Finally, Rep. Mobley’s Resolution on stroke awareness, HR 183, also passed out of the Committee. 

          In the Senate Insurance and Labor Committee, the Committee passed out Sen. Nadine Thomas’s bill, also on Registered Nurse First Assistants’ ability to get direct reimbursement from health plans, SB 82.  There were some amendments made which primarily mirror what was done to the House version of this bill as noted above.  Also on the Committee’s agenda was SB 14 increasing the State’s minimum wage to $5.15 per hour.  There was a huge turnout for this hearing. 

          In the Senate Health and Human Services Committee, Sen. Donzella James’s bill allowing chiropractors to use acupuncture, SB 75, was held in the Committee.  A hearing on the bill was allowed; there was great opposition to this bill, which would help only six chiropractors who have the educational requirements to practice acupuncture.  Also, SB 53, the ‘balanced billing’ bill also passed out of Committee with several amendments.  Some of the amendments struck the requirement that any violation of the bill would be reported to the Dept. of Insurance as an unfair business practice.  Further, the portion of the bill which related to referrals of patients by physicians was also stricken – this was done at the insistence of the Dept. of Community Health as it posed a great budget threat.