March 14, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

          Greetings from beneath the Gold Dome!  We are in countdown mode – excitement is in the air.  Legislators now know that the end is in sight.  Many were looking worn today; some were looking agitated as well.  The bloom is definitely off the rose!  One note of interest – it was motorcycle day at the Capitol.  The Capitol was basically "ringed" with "hogs." 

          Below will outline events which took place during the day: 

Floor Activity 

The House has been setting 'weak' calendars.  Today's was not very different.  Needless to say, the Senate is beginning to rumble that their bills are not making their way through the process. 

Probably the most interesting legislation which the House handled was SB 33 concerning pimping, pandering and soliciting which involves a child.  Today, the House moved the current law's penalties from a term of one to five years to an imprisonment of five to twenty years for anyone convicted of these offenses.  Perhaps this will prevent the 'loss of innocence' of some of Georgia's children.  This bill was passed by a vote of 168 to zero. 

The House also hears a bill dealing with motorcycle riders and discriminatory acts against them.  Apparently, lobbyists had been discriminated against when they had ridden their bikes, complete with their leathers, to a 'public' place and were turned away.  Specifically, the bill states in O.C.G.A. § 10-1-900:

"As used in this article, the term 'public accommodation' means a business or other entity that offers to the general public food, shelter, recreation, amusement, or any other goods, service, privilege, facility, or accommodation.  Such term shall not include single or multifamily dwellings or residences.
(a)(1) A person who owns or operates a public accommodation may not restrict an individual from access or admission to the accommodation or otherwise prevent the individual from using the accommodation solely because the individual:
(A) Operates a motorcycle;
(B) Is a member of an organization or association that operates motorcycles; or
(C) Wears clothing that displays the name of such an organization or association.
(2) No person who owns or operates a public accommodation may exclude patrons from parking two-wheeled or three-wheeled vehicles in the parking lot of the public accommodation.
(b) This Code section does not prohibit a person who owns or operates a public accommodation from denying to an individual access or admission to or use of the accommodation if:
(1) The conduct of the individual poses a risk to the health or safety of another person or a risk to the safety of another person's property; or
(2) The individual's clothing does not conform with a dress code that is:
(A) In effect at the public accommodation;
(B) Stated clearly; and
(C) Not designed to exclude a particular individual or group of individuals.
(c) This Code section does not prohibit a charitable trust or a functionally related business of a charitable trust which owns or operates a public accommodation from restricting or prohibiting the operation of motorcycles over the premises of the accommodation or any part thereof, so long as a place for parking motorcycles is provided.  For purposes of this subsection, the terms 'charitable trust' and 'functionally related business' have the meanings provided by subsection (d) of Code Section 48-13-55." 

          In the Senate, there were a number of bills on its calendar.  One of the biggest items was HB 175, the FY 2002 Budget.  There will be more state troopers and drivers' license inspectors (75 and 50 respectively).  Hopefully, this will lessen the numbers of accidents and ill-prepared drivers on Georgia's roads.  The Subcommittee Chairs addressed their budget items.  As per usual, Republicans – Sens. Seabaugh, Johnson, Paul, and Price - made efforts to amend the budget.  None of their efforts passed.  In a final vote, the Budget was passed by a vote of 43 to 13.  This was immediately transmitted to the House.  Later in the afternoon, the Senate insisted on its position on the Budget.  Thus, the Budget will now proceed to Conference Committee in order that work may begin on the differences between the positions of the House and Senate.  We anticipate that action will begin on Friday. 

          Some items from the Budget as passed by the Senate: 

          Department of Community Health (item numbers used in Budget tracking document): 

1)                 To provide additional funds for increased utilization in Medicaid benefits ($36,128,669) and increases in costs and utilization of pharmaceuticals for the Medicaid population ($54,193,003) netted against federal matching funds by utilization of upper payment limit (UPL) credits (Total funds: $222,357,637) – Governor had recommended $20,621,672; House $9,018,115; and Senate $2,018,115

4)                 To reimburse physicians and physician-related providers based on 90% of the 1999 RBRVS with one year of inflation applied (Total Funds $15,106,738; House had total funds $17,568,579) – Governor recommended $6,136,357; House and Senate $7,136,357

5)                 To adjust reimbursement rates for nursing home providers using the base year 2000 cost report and growth allowance for one year (Total Funds $20,556,189; Senate Appropriation Committee $23,223,855) – Governor and House recommended $8,349,924; Senate  $9349,924

6)                 To increase reimbursement rates for inpatient hospital providers by adding an additional year of DRI inflation to base rates (Total Funds $19,032,922) – Governor, House and Senate agreed to $7,731,173

9)                 To increase pediatric newborn visits in hospitals to one per day (Total Funds $1,409,379) – Governor, House and Senate agreed on $572,490

10)             To increase rates for EPSDT healthcheck screens from $55 to $60 per visit (Total Funds: $1,955,076) – Governor, House and Senate agreed on $794,152

17)             To transfer the state matching funds for MR waiver services from DCH to DHR to support DHR administration of Medicaid waiver services – Governor had recommended ($51,246,606); House - $0 ; and Senate ($43,409,614);

18)             To transfer the state matching funds for community health services from DCH to DHR to support DHR administration of Medicaid services – Governor had recommended ($37,138,648); House - $0 ; and Senate ($37,138,648)

26)             To reimburse 100% of cost for cost-based outpatient services for hospitals who provide indigent care equal to 5% of their adjusted gross revenues as determined by the DCH (Total Funds: $2,926,241; Senate Appropriations Committee Total Funds: $664,697) – Governor and House agreed on $1,188,639; Senate $270,000

27)             To expand community health, rural health, and migrant health centers to promote access to primary health care for uninsured populations (Senate Appropriations Committee – Hospital-based only) – Governor and House had $1,500,000; Senate $750,000

28)     To provide funds to implement a Medicaid waiver to provide services to persons over age 18 with Sickle Cell Anemia with incomes under 235% of the FPL (Total Funds: $4,800,000 – House reflected Oct. 1 startup with Total Funds of $3,384,441; Senate Appropriations Committee Total Funds $2,461,841) – Governor recommended $1,949,760; House $1,374,760; and Senate $1,000,000

44)             To annualize the reimbursement rates for Critical Access Hospitals provided in HB 174 (Total Funds $10, 470,144) – House and Senate agreed on $4,280,195 

          Tobacco Settlement Funds: 

1)                 To increase tobacco funds to compensate for a reduction in federal financial participation for the Medicaid eligibility expansion for pregnant women and infants under age 1 with incomes up to 235% of the FPL ($66,899) and the Independent Care Waiver Program ($17,553) - $84,452 (Governor, House and Senate agreed on this amount)

2)                 To provide funds to identify and develop training for cancer caregivers ($2,125,000 – Governor and House agreed; Senate placed this at $2,000,000)

3)                 To provide funds for the Ovarian Cancer Alliance (Senate inserted this for $125,000)

4)                 To transfer matching funds for MR waiver services from DCH to the Department of Human Resources (DHR) to support DHR administration of Medicaid waiver services (Senate had this as ($7,836,992) 

          The Senate also passed out HB 601 by Substitute by a vote of 54 to zero.  The bill proposes to increase the revenue shortfall reserve to not less than 4% or more than 5% in the Budget.  The bill was carried in the Senate by Sen. Steve Thompson.  Sen. Eric Johnson and Sen. George Hooks took the Well to offer support for this legislation. 

Another bill of interest was HB 158 carried by Sen. Jackson which the Senate passed by Committee Substitute by  a vote of 48 to zero.  HB 158 provides for exemptions from the State's open records and open meeting law requirements to Georgia's non-profit corporations which are operating as hospitals or medical facilities.  This would only apply when such disclosure might compromise that facility's competitive advantage.  

Also of concern today in the Senate were children with autism.  The Senate passed HB 565 with a Floor Amendment offered by Sen. Mike Crotts which would make the bill also apply to state employees coverage through the State Health Benefit Plan.  In the underlying bill, health insurance plans would be required under O.C.G.A. § 33-24-59.9: 

"An insurer that provides benefits for neurological disorders, whether under a group or individual accident and sickness contract, policy, or benefit plan, shall not deny providing benefits in accordance with the conditions, schedule of benefits, limitations as to type and scope of treatment authorized for neurological disorders, exclusions, cost-sharing arrangements, or copayment requirements which exist in such contract, policy, or benefit plan for neurological disorders because of a diagnosis of autism.  The provisions of this subsection shall not expand the type or scope of treatment beyond that authorized for any other diagnosed neurological disorder." 

          Sen. Tate's Resolution, SR 262, which proposes to create a Joint Taskforce on Developing a Federally Funded Prescription Drug Benefit for Low Income Elderly Citizens, also passed out of the Senate today by a vote of 48 to zero. 

          Like the House, the Senate's motorcycle legislation dealt with the operation, or riding, of a motorcycle without wearing protective headgear and eye-protective devices.  Basically, if a person was convicted of a violation of such, then he or she would not be assessed points for moving violations.  The bill passed by a vote of 49 to 3. 

Committee Activity 

          The Senate Health and Human Services Committee met late today and took up a number of bills.  The meeting was one of confusion – many of the speakers and presenters were not ready as amendments and substitutes on bills were in the works.  After some frustrating moments, the Chair asked if anyone present was ready to move forward with their bill.   The Committee eventually heard a number of bills: 

          HB 615 – This is Rep. Childers' bill concerning who may operate an eye bank.  In the bill, only a non-profit entity may do so.  No discussion took place on the bill.  Sen. Nadine Thomas moved to pass and the motion carried. 

          HB 156 – Sen. Charles Walker presented the bill authored by Rep. Larry Walker.  It provides for the Patient's Right To Know.  Basically, physician profiles would be compiled and made available on the internet so that patient's may ascertain information about their provider.  The bill came before the Committee by another Substitute which added the language of SB 238 to it.  SB 238 would allow the sharing of confidential information between hospitals and the Office of Regulatory Services without fear of retribution.  This language was being pushed by the Georgia Hospital Association as a way in which to address patient safety or medical errors. An attempt was made by Sen. Mike Polak to amend the bill by taking out the language which would allow a patient to inquire about the "estimated charges for a routine office visit, routine treatments, and lab tests prior to receiving such treatment."  After some discussion, with the Committee basically moving forward with another bill, the Committee eventually passed out the bill in its Substitute form with the added language from SB 238.  It now proceeds to the Senate Rules Committee. 

          HB 510 – This annual update to the pharmacy code with new dangerous drugs was presented by Rep. David Graves, a pharmacist from Macon.  Also, the bill establishes penalties for persons convicted of operating methamphetamine laboratories. This bill also passed out of the Committee today. 

          SR 383 – Sen. Tom Price presented his Resolution proposing to create a Senate Study Committee on Access to Health Care.  This Resolution primarily deals with how hospitals can strong-arm managed care entities into exclusive arrangements much like what has been done by Northside Hospital and its arrangements in the metro Atlanta market.  Sen. Faye Smith attempted to amend the bill's effective date but her amendment failed. This Resolution also passed out of Committee. 

          HB 585 – Rep. Graves also presented this issue to the Committee which deals with the licensure of pharmacy benefit managers which are used by managed care plans.  Basically, a pharmacy benefit manager operating in Georgia would have to be licensed as a Georgia pharmacy.  In discussion about this bill, it was believed that all it would effectively do is raise revenue for the Georgia Board of Pharmacy.  Further, there were concerns that other states had attempted such legislation which was later overturned by the courts.  The courts have found that applying such state licensing requirements on out-of-state pharmacy benefit managers is unconstitutional as it would unjustly impact the federal Constitution's provisions on interstate commerce.  All pharmacy benefit managers are licensed in their home states and provide safeguards as such.  Moreover, as HB 585 "relates to" employee benefit plans, it is preempted by the federal ERISA Act.  The Georgia Pharmacy Association and Georgia Board of Pharmacy spoke in favor of the bill.  Even after some questioning was done by Sen. Nadine Thomas on why there was a need for HB 585, the bill passed by the Committee. 

          HB 641 – Sen. Walker also wanted to attach SB 119 concerning cosmetology issues.  Sen. Thomas raised some issues with this bill.  The bill eventually passed out of Committee. 

          HB 652 – Rep. Ron Dodson's bill, concerning the collection of surveys at the time licensure data of nurses and other allied healthcare professionals was gathered died this afternoon.  Sen. Nadine Thomas made it clear that she felt that the nursing shortage which Georgia and the nation was experiencing would not be helped by this bill.  She also believed that this effort should be expanded into something meaningful so as to address nurses' concerns about their safe working environment, lack of pay, etc.  Further, there were concerns that the licensure data collected for some healthcare professionals had already taken place.  This bill had been pushed by the Georgia Hospital Association.  The Georgia Nurses Association was against this bill.   Rick Ivey with Archbold Health System spoke in favor of the bill as his facilities had experienced the severe manpower shortage.  There were some attempts to amend the bill but those too failed. 

Newly Introduced Legislation 

SR 404 - Sen. Carol Jackson introduced this Resolution commending Union General Hospital and its administrator, Board and staff.  It received the 2000 Georgia Hospital of the Year Award for hospitals with fewer than 150 beds. 

HB 917 – Reps. Willard, Stuckey, and Martin have authored this bill amending Chapter 4 of Title 29 in order to enact the "Standby Guardianship Act."  A 'standby' guardian is defined in the bill as a "person named by the designator (parent or a legal guardian) to assume the duties of co-guardian or guardian of the person and property of a minor and whose authority becomes effective upon the incapacity, debilitation and consent, or death of the minor's parent."  The bill also contains the language for the form for designating such 'standby' guardian.  Further, the bill states that the 'standby' guardian shall have authority to act as co-guardian or guardian upon the occurrence of the triggering event.  Also, the commencement of the 'standby' guardian's "authority to act as co-guardian pursuant to a determination of incapacity, a determination of debilitation and consent, or the receipt of consent alone shall not itself divest the designator of any parental rights, but shall confer upon the standby guardian concurrent or shared custody of the child."  The bill has been forwarded to the House Judiciary Committee. 

HR 602 – Rep. Kathy Ashe introduced this Resolution honoring a fine Atlanta lawyer, Robert William Beynart.  Mr. Beynart passed away in late December 2000 after practicing law with the firm of Smith Gambrell & Russell for a number of years and serving on the faculty of Emory University School of Law.