March 17-18, 2004

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

March 17-18, 2004 

          Happy St. Patrick's Day and Day 33!  This Report will cover news and activities from the 33^rd Legislative Day and Committee News from March 18, 2004.  The General Assembly stood in recess on Thursday, March 18, 2004. 

          Tempers are flaring now as the days wind down towards Sine Die.  The Senate caused a great stir Wednesday evening around 7:45 p.m. when it decided to adjourn with eight pieces of legislation left hanging on its calendar.  Apparently, they did not wish to take up a bill on prior authorization of prescription drugs used in the treatment of mental illness, SB 447.  Drug manufacturers for the mental health drugs, mental health advocates, and others supported SB 447 and its author's work on the initiative.  Sen. Rene Kemp had worked for about two years on the legislation and had a personal stake in the bill as he has a family member with mental illness.  Senators were voicing their opposition to the early adjournment and tried a number of procedural moves in an effort to salvage the remaining bills on the calendar.  Sen. Faye Smith requested that the Senate proceed with its calendar; Sen. Kemp moved to adjourn sine die.  SB 447 had received enough support on the Republican side of the aisle to help Democrats pass the bill.  The Dept. of Community Health had cited that it would cost the state $40 million if there was a prohibition placed on prior authorization of prescription drugs for mental illnesses.   

On the House side of the hall, Democrats were fidgety as they began the second supplemental House calendar for the evening around 6:00 p.m.  Bills were clearing the House, but not always the way in which Leadership anticipated.  For example were the Subsequent Injury Trust Fund dissolution legislation, HB 1579, and the House faith-based initiative, HR 1457.   

          Late in the evening all talks were discontinued regarding possible tort reform bills arriving on the House Floor.  It had been anticipated that HB 1790 would be brought out on a third supplemental House Rules Calendar with amendments to address the apparent agency issue for emergency room liability.  However, in the end, the Trial Lawyers had their way and no tort bills were brought to the House Floor.  Thus, the House adjourned until Friday morning around 11:50 a.m.  Many had stated that they would work even later but the Senate had announced when it adjourned that it would remain open to accept bills until midnight – thus, anything crossing after that time from the House would not be accepted.  Therefore, the House adjourned.   

          By Thursday, things were no calmer.  Speaker Coleman removed Tom Bordeaux of Savannah as Chair of the Committee.  Chairman Bordeaux was to have held a Committee meeting at 10:00 a.m. this morning on a number of bills; lobbyists and others were in the hall when the Secretary of the Committee announced that the meeting had been canceled.  This left many scratching their heads but around this time, rumors began circulating about Chairman Bordeaux's removal.  Part of the change was that he had prevented this Committee from hearing some tort reform bills.  In addition, Rep. Bordeaux spoke out in opposition to the Subsequent Injury Trust Fund Legislation and faith-based initiative which Leadership had been pushing.   

          A new Chair has been named, Rep. Mary Margaret Oliver (D-Atlanta).  There is one bill currently in the House Judiciary Committee, held from 2003, which is a likely vehicle for tort reform, SB 133 (the bill authored last year by Sen. Tom Price).  SB 133 has been held in Committee and not amended.  This legislation could be changed and perhaps passed out of the House and then sent back to the Senate for some agreement.  No meeting has yet been scheduled for this bill to be heard. 

          As if all of this is not enough, Legislators are still stewing over the newly released maps by the federal court.  Many have been drawn out or will have to run against other long-serving Members. 

          Late this afternoon, another rumor circulated that perhaps a Special Session will need to be called as no Supplemental Budget for FY 2004 has yet been reached, The Atlanta Journal-Constitution reported, because the House would not agree to the Senate Bond proposal.  However, rumors in the hall reflect that the Governor is insisting on his bond package instead.  Whatever the reason, there is no agreement and the State's Medicaid program will be out of cash as of March 23, according to the Dept. of Community Health.  Thus, the last payments to providers will likely be cut over the weekend unless some "fix" can be found. 

          Legislators took Thursday to hold Committee meetings and will return Friday for Day 34.  Below will outline some of the action taken on bills on Day 33 and a report on news on committees. 

Floor News 

          Wednesday was a very long day.  Here are some highlights of bills which were addressed: 

House Members took care naming a number of roads and bridges.   

In addition, it had originally proposed to take up HB 98, a bill which would have created legislative oversight panels for non-profits which contract with the State.  These Legislative panels would have the ability to look at a non-profit's financial records relating to the contract as well as conduct a hearing on the contract.  Lobbyists for non-profits worked feverishly to halt this bill, which had flown out of the House Appropriations and Rules Committees very quickly after having been introduced last year and remaining dormant since that time.  HB 98 would be duplicative of oversight measures in place, with the State Dept. of Audits already conducting an annual report of these contracts and each Department or Agency which contracts with the non-profit overseeing such and determining whether the services were being provided.  Thanks to Speaker Coleman, Rep. Calvin Smyre and Rep. Royal for their efforts in halting this bill.   

These bills will be forwarded to the Senate for its consideration: 

·        HB 1028 – Rep. Powell's bill creating the Georgia Hospital Insurance Authority for smaller hospitals to gain better access to medical malpractice insurance through the State passed by a vote of 167 to 1.

·        HB 1105 –  This is the bill which proposes to allow for a State sales tax exemption for products involving wax and dies used by military contractors.  This passed by a vote of 145 to 5.

·        HB 1258 – The House version of the preemption for minimum wage and employee benefit mandates by local governments also cleared.  It also proposes that no local government entity may adopt, maintain, or enforce by charter, ordinance, purchase agreement, contract, regulation, rule, or resolution, either directly or indirectly, a wage or employment benefit mandate.  Three amendments were offered by Rep. Orrock; all failed.  The bill passed by a vote of 111 to 57.

·        HB 1384 – This measure proposes to provide for income exclusions and tax credits with respect to individual development accounts and for procedures, conditions, and limitations for such.  Additionally, it proposes to provide for powers, duties, and authority of the state revenue commissioner and the commissioner of community affairs with respect to such.  This bill also passed.

·        HB 1414 – The SPLOST bill concerning the annual publication of an audit and the 1% sales tax cleared the House by a Floor Substitute amending O.C.G.A. § 48-8-122:  The governing authority of the county and the governing authority of each municipality receiving any proceeds from the tax under this part shall maintain a record of each and every project for which the proceeds of the tax are used.  Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such local government, a simple, non-technical report which shows for each project or purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year.  In the case of road, street, and bridge purposes, such information shall be in the form of a consolidated schedule of the total original estimated cost, the total current estimated cost if it is not the original estimated cost, and the total amounts expended in prior years and the current year for all such projects and not a separate enumeration of such information with respect to each such individual road, street, or bridge project.  The report shall also include a statement of what corrective action the local government intends to implement with respect to each project which is under-funded or behind schedule and a statement of any surplus funds which have not been expended for a project or purpose."

·        HB 1526 – The Dept. of Human Resources' bill amending the State's current law on the childhood vaccination registry passed by a vote of 130 to 25.  This registry will now also track vaccines of all persons from birth to death.  This bill may add some more work to hospitals, physicians, health clinics and local health departments which provide these vaccines.

·        HB 1617 – Rep. Moraitakis' bill amending the fees for notaries also passed.  Rep. Bob Smith added an amendment to the bill, after a great deal of debate, which requires notaries to be United States citizens.  Currently, notaries are not required to be such.

·        HB 1704 – Rep. Shaw's bill proposing that an annual report on the status of the financial condition of the Medicaid program be provided to the General Assembly cleared by a vote of 161 to 10.  This bill also requires that the General Assembly approve any changes to the program moving it towards a managed care-type arrangement.  Rep. Brown offered an amendment to this legislation but it failed.

·        HB 1709 – Nursing home patients (Medicare, Medicaid, and private pay patients) are to be offered the influenza virus vaccine, per this bill's wording.  This bill also passed by a vote of 167 to 1.

·        HB 1746 – Changes relating to Emergency 911 systems also passed by a vote of 158 to 2.  This bill proposes changes relating to service provider fees and intergovernmental contracts.  Specifically, it proposes to provide for the imposition and collection of monthly "911" charges for additional periods in those jurisdictions in which the local governing bodies have created a joint authority or which have executed an intergovernmental contract for the provision of emergency "911" services.

·        HR 1420 – GHA's Resolution to fund uncompensated care provided by trauma departments also cleared the House by a vote of 163 to 6.  HR 1420, if passed by the Senate, will be placed on the ballot for voters to decide on whether a trust fund should be established to pay hospitals for the uncompensated trauma care provided.

·        HB 1568 – This is the bill relating to Community Service Boards' retirees receiving retirement benefits from the State.  It prohibits re-employment by these Boards under certain conditions.

·        HB 1653 – Rep. Smith's bill proposing the Georgia Commission on the Hard of Hearing also passed.  This would not be funded unless monies become available for such.

·        HB 1775 – Georgia will become more competitive with other States with this bill.  It passed by a vote of 172 to 2.  It proposes to provide for income tax credits to be provided for motion picture production companies which have at least a $200,000 investment in the State.  This is seen as a bill to help garner more economic development.

·        HB 1184 – Rep. Borders' sales tax holiday passed.  It proposes to amend last year's law on sales tax exemptions provided on school supplies, clothing, computers, etc. for a limited time.

·        HB 1579 – Rep. Oliver's dissolution proposal for the Subsequent Injury Trust Fund also passed.  This bill has caused a great deal of debate as many employers currently benefit from this Fund.  Home Builders, represented by Wayne Reece, proposed this dissolution.  Timing requirements relating to when claims may be accepted were altered and a requirement was put in place that an actuarial study be done in an effort to determine the State's liability.

·        HR 1547 – Rep. Skipper tried to pass his version of a Constitutional Amendment for when public monies may be used by religious and sectarian groups to provide social services.  His Resolution was much tighter than the Governor's proposal.  It had language to require that the entities be separately formed 501(c)(3) entities, for instance.  Rep. Burkhalter opposed this Resolution as Floor Leader to Governor Perdue.  This Resolution failed to pass. 

On the Senate side, here are some highlights from its Day 33 Calendar: 

·        SB 568 – Sen. Balfour's sewage holding tank legislation cleared the Senate.  It proposes to provide for regulation of removal, transport, and disposal of certain waste removed from grease interceptors, sand traps, oil-water separators, or grit traps that are not connected to on-site sewage management systems.

·        SR 843 – In what lobbyists had referred to as the "Woody Woodpecker" legislation, this Resolution designating the Woodpecker Trail Highway in Georgia passed. 

·        SB 144 – One of the Ethics bills concerning campaign contribution disclosure reports and transferring certain powers from the Sec. of State to the State Ethics Commission also passed.

·        SB 350 – Sen. Lamutt's bill amending the State's law on timely payment of health claims passed.  However, it was loaded with amendments.  Originally, it proposed that electronically filed claims (sent by health providers to insurers) would be paid or responded to by the insurer in 15 days; written claims would be paid in 30 days.  This was an incentive to providers to move towards electronically filed claims.  HIPAA requires electronic claims and CMS requires providers under Medicare deal with electronically filed claims in 14 business days and 27 days for written claims.  Four amendments were added.  Electronic claims will require a response within five business days; written claims in fifteen business days.  This will be even more stringent than Georgia's current law which is the strictest on payment of claims in the country.  Sen. Harp proposed an amendment so that any insured or other person or entity claiming payments under the health benefit plan shall have the right to bring an action at law or in equity against an insurer to enforce compliance for timely payment.  Sen. Price also placed an amendment on this bill providing that when an insured has obtained pre-certification for a service, then the insurer will be required to be liable at the level prescribed by the health benefit plan.

·        SR 461 – This Resolution proposes creating a Senate Medicaid Study Committee.  This Resolution was adopted and will be comprised of five Senate members, who will study current policies and procedures of Medicaid and develop statistics on utilization, costs, and expenses to enable the General Assembly to better understand and determine appropriate levels of service and expenses of Medicaid.  This Study will also review whether new programs are needed and whether current programs are being implemented in the most efficient and effective manner.

·        SR 827 – A Senate Study Committee proposing the study of the effects of illegal immigration caused a good bit of discussion.  Sen. Cagle had introduced this Resolution. Sen. Zamarippa opposed the Resolution and tried to amend the Resolution; Sen. Clay then attempted to amend Sen. Zamarripa's amendment by adding three more persons to the Committee (one member of the Governor's Latino Commission, one member of the Georgia Hispanic Chamber of Commerce and one member from the Mexican American Business Chamber).  After much discussion, the Resolution was tabled.

·        SB 500 – Sen. Price proposed changes to the State's electronic voting system so that permanent paper records would be printed via computers attached to the new machines which the State purchased to the tune of $54 million.  These machines were to have been basically funded by the federal government.  Senators claimed that the State had received only $4.7 million thus far.  The bill proposed by Sen. Price would add further expense as these printers could cost between $500,000 and $16 million.  This measure was tabled.

·        SB 604 -  Sen. Don Thomas proposed this change to Title 45 relating to insuring and indemnifying law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians or the State's "first responders" to emergency situations.  It proposes that any emergency rescue or public safety worker who suffers a condition or impairment of health that is caused by hepatitis, HIV, meningococcal meningitis, or tuberculosis, which requires medical treatment, and that results in total or partial disability or death, shall be presumed to have a disability suffered in the line of duty unless the contrary is shown by competent evidence.  This "presumption" is different than current law.  Now, these persons have to prove that they were hurt in the line of duty.  It also proposes to provide for a verification that certain health-related activities did not take place (an affidavit is required that the person, for instance, did not engage in unsafe sex which lead to the disease, etc.) and it proposes to provide for immunizations.  This last piece is the real driver of this bill: apparently, a drug manufacturer is desiring that these first responders be immunized for certain diseases.  This bill passed by a vote of 51 to zero.

·        SB 608 – The Georgia Association of Health Plans had Sen. Shafer offer this bill which proposes that if an HMO has obtained national certification on quality, then it will be deemed in compliance with the State's regulations currently in place through the Dept. of Human Resources.  Such certification could be through the organization of NCQA  or JACHO.  This also passed by a vote of 48 to zero.

·        SB 582 – This bill cleared the Senate by a vote of 52 to zero.   It amends current processes for reporting head and spinal cord injuries.  The change will provide for a more centralized reporting to be overseen by the Brain and Spinal Injury Trust Fund Commission which shall maintain records of reports, notifications, and referrals to these persons.  The Georgia Hospital Association will be helping with the computer tracking of this information.

·        SR 669 – Sen. David Adelman proposed this Resolution to create a Joint Study Committee on Truck and Highway Safety.  It too cleared the Senate by a vote of 44 to 5.  This Committee will look at fatalities caused by large trucks on Georgia's highways.

·        SB 451 – Sen. Henson proposed this change in Title 50 amending what records can be disclosed.  This open records issue will not allow those records to be disclosed which reveal the home address, the home telephone number, or the social security number of or insurance or medical information about employees of the Department of Human Resources, county departments of family and children services, or the Office of Child Support Enforcement.  There is an exception provided, however, that such information shall not be redacted from such records if the person or a person legally authorized to represent an entity requesting such records requests such information in writing and signs such request stating that such person or entity is gathering information as a representative of a news media organization for use in connection with news gathering and reporting.  This bill cleared the Senate by a vote of 48 to zero. 

SB 451 was the last bill addressed on Wednesday evening by the Senate before the debate began on adjournment.  There were eight bills remaining.  Two bills, which have been followed, were on that list:  SB 443 (Sen. Adelman's bill concerning Gift Cards and what disclosures to the consumer must be made concerning those cards); and SB 447 (Sen. Rene Kemp's proposal to prohibit prior authorization on atypical antipsychotic medications, conventional antipsychotic medications, anticonvulsants, selective serotonin reuptake inhibitors, and selective norepinephrine reuptake inhibitors, prescribed for patients enrolled in a Medicaid or any state funded health care program who are receiving treatment for mental illnesses that are listed in a current national diagnostic and statistical manual of mental disorders published by a national psychiatric association including, but not limited to, schizophrenia, severe clinical depression, bipolar disorder, or attention deficit hyperactivity disorder). 

Committee News 

          The House Judiciary Committee was to have met this morning on SB 532 and SB 555 which relate to electronic transmission of information via corporations and changes to the non-profit corporations code.  The meeting was canceled as noted above.  No announcement has been made on another meeting date and time. 

          The House Health and Human Services Committee met this morning on Rep. Michele Henson's Resolution HR 563.  The Resolution, which proposes to recognize mental illness and suicide in youth as a State public health crisis and encourages evidence-based initiatives to screen children and adolescents for mental disorders in order to identify illness and prevent suicide among youth, cleared this Committee after a lengthy, and emotional, meeting by Committee Substitute (as it was amended).  Legislators raised concerns that a potential mandate might be imposed on schools and stigmas might be given to children who were given these screenings.  There were a couple of amendments made to the Resolution to address some of the concerns by noting that not all children have to be screened; and that such screenings be conducted in a health risk inventory given to children when they approach first grade.  The goal is to catch any issue early so that there are better chances at treating a problem.  The Committee also discussed the fact that the General Assembly had not included monies for suicide prevention and had taken out $100,000 from the Budget for such.  Thus, it decided to write a letter to Governor Perdue, Senate Budget Conferees, House Budget Conferees, and House Members on the issue that it was urging the Conferees and Governor to at least fund suicide prevention, as $7 million for mental illness treatment and approximately $700,000 for transporting the mentally ill had been removed from the Budget.  There was also some discussion that suicide treatment and prevention was not in one place in the State's Budget.   

          The Senate Finance Committee met today and took up a number of bills.  HB 1612 by Rep. Royal was not passed out of Committee.  Sen. Johnson asked that the bill not pass as the bill was not the bill which the House and Senate negotiated on and that some debate had arisen on forcing a county government to call an election.  This perhaps could impact MOST.  The earlier bill addressed was HB 709.  Sen. Johnson stated that the proposal before the Committee was perhaps unconstitutional.  Here are some additional bills that this Committee addressed: 

• HB 1410 by Rep. Hembree cleared this Committee.  It proposes a State income tax credit for persons who donate organs and/or tissues to others.  Such credit would be capped at $10,000 and would apply to expenses relating to travel and lodging and lost wages.  The bill meets the national procurement guidelines and is engrossed.  No opposition was raised.

• HB 1511, which deals with the $200 million symphony hall which Atlanta is building, also cleared.  This proposes a State and local sales tax exemption for building materials for this project which would be a savings to the symphony of approximately $6.5 million.  It was argued that more revenue would be generated by this new facility and that a similar exemption had been provided to the aquarium project. 

• HB 1391, which amends O.C.G.A. § 48-5-126.1, relates to training requirements for tax collectors and tax commissioners so that adequate training may be provided and that affiliated agencies may also get adequate training; HB 1107 proposes to amend O.C.G.A. § 48-5-7.4 to include undeveloped riverside or streamside lands within buffer zones established by law or local ordinance as eligible for such current use assessment for ad valorem taxation of bona fide conservation use property; and HB 1416, which also amends Title 48, relates to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report and proposes to expressly include certain property devoted to production of wildlife by maintaining wildlife habitat within the meaning of bona fide conservation use property.  All passed.

The House Governmental Affairs met today about SB 507, the bill by Sen. Don Thomas which would essentially eliminate smoking in public places and could also prohibit a small employer (with seven or fewer persons in the office) from smoking in his or her office even if he or she owned the office space.  Tobacco lobbyists apparently had been prowling Buckhead and other locations around Atlanta for persons willing to speak on the bill.  They succeeded – some of Atlanta's better known restaurateurs showed up today to speak about the contents of SB 507.  These included the Buckhead Life Group Restaurants and Hal's.  These entities basically oppose the bill but are willing to adhere to a statewide law so that they will not be preempted by counties and cities' local ordinances.  The American Heart Association has been a major backer of this bill.  It cited Montana which passed similar legislation and found that in looking at charts of patients in Helena, Montana there was a 60% drop in heart attacks.  They are of the opinion that many heart attacks are attributed to second-hand smoke.  Chairman Alan Powell inquired if the American Heart Association was seeking a total ban on all tobacco products and the American Cancer Society stated that was not its goal but did ask if he would sign such legislation.  The American Cancer Society also stated that it was an attempt to respect individual's rights and it was a tough line to draw on where government should start and stop.  Legislators are apparently torn on this issue; all know that smoking has been proven to be detrimental to one's health.  However, legislation like this would dictate how private businesses are operated and place more State interference with such operations.  Rep. Powell indicated he would conduct another hearing on this legislation. 

The Senate Special Judiciary Committee also met this afternoon.  It passed out HB 1450 by Rep. Bordeaux which will establish procedures in the event of a health emergency or disaster (natural or otherwise, such as a terrorism attack).  Rep. Bordeaux explained that both the Georgia Supreme Court and the Georgia Court of Appeals had requested this legislation.  It defines when the emergency can be declared and who may declare such and the powers and procedures for litigation to proceed.  The bill passed without changes.  Sen. Adelman commended Rep. Bordeaux for his work on the House Judiciary Committee.  In an emotional statement, Rep. Bordeaux thanked Sen. Adelman and stated that his Committee was a hard working committee.  Among other bills on this Committee's agenda: 

·        HB 208 which relates to condominiums cleared the Committee.  It will be handled by Sen. Levetan in the Senate.

·        HB 210, which amends law on homeowners' property associations and provides guidelines on utilities disconnection and other changes on common amenities, also passed. 

·        HB 1285, which prohibits the use of a child's social security number by an adult to establish utilities or obtain credit (basically, identity fraud), passed without changes.

·        HB 1372, which proposes supplemental salary payments to be paid by counties for their probate court judges who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state, was sent to a Study Committee composed of Sens. Hooks, Meyer von Bremen, Jackson and Levetan.

·        HB 1431, which is the legislation dealing with writs of executions and judgments, was held and will be heard later. 

The Senate Insurance and Labor Committee also met this afternoon.  It passed out HB 1479 concerning motor vehicle insurance and which proposes to reduce the amount of advance payment for coverage from the first 60 days of coverage to the first 30 days of coverage.  Additionally, it passed out Rep. Harbin's bill, HB 539, which relates to standard non-forfeiture provisions for individual deferred annuities and proposes for the calculation of minimum non-forfeiture amounts between one and three percent. 

HB 1555 deals with Title 34 relating to employment security and proposes to provide for the lifting of the sunset provision of the alternative base period and also proposes to provide that certain persons seeking part-time work are not disqualified from receiving benefits by that fact alone.  Additionally, the bill proposes to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio.  The Committee stripped out the eligibility of part-time workers for employment benefits.  Rep. Channell presented the bill and stated that it had not been his intention for that language to be included in the bill but it had been the will of the full House to include such.  Large business opposed the coverage for part-time workers while women's groups were in favor keeping the language in the bill.  It passed out of Committee, as amended, by a vote of 3 to 2.  The Committee also passed out the living wage bill, HB 1258.  This bill, per Sen. Lamutt, is very similar to the Senate's version, SB 495.  HB 935, the bill by Rep. Harrell which proposes to create an advisory committee on prescription drugs for seniors did not get heard; the bill's author was not present. 

The Senate Health and Human Services Committee met late today.  HB 1141 by Rep. Childers passed.  This bill basically allows dentists who are licensed in other states to move to Georgia and practice dentistry here without undergoing additional licensing as long as those dentists are similarly credentialed in the state where they are moving from and have practiced for at least five years.  There is also reciprocity language in the bill so that this will only apply if Georgia dentists who wish to move outside the state are allowed to practice in the state where they are moving.  HB 1365 passed out of Committee and proposes to provide for temporary permits for physicians who have completed their medical education and are in the process of doing residencies.  This is a mechanism to allow for tracking of these physicians.  HB 1266, which repeals the sunset provision on the Renal Dialysis Council, also passed.  Sen. Unterman told Rep. Childers, author of HB 1266, that she wished to work with him on getting certification for persons who serve as technicians and nurses in the renal dialysis clinics.  Apparently, these employees are not certified in the use of the equipment and this may actually help better prepare these workers for such positions.  The Committee then addressed HB 1303, an amendment to the State's hospital lien law.  HB 1303 was introduced at the insistence of Doctors Hospital in Augusta.  This proposes to provide a 30 day time frame for notification to interested persons prior to filing a hospital lien.  There was a good bit of discussion on this measure.  Sen. Preston Smith inquired as to whether there was a deadline for a hospital to file such liens as the bill is silent on such.  Sen. Unterman also attempted to amend the bill to add physicians to this lien law.  Counsel to the Medical Association of Georgia spoke to the inclusion of physicians.  Rep. Jamieson, author of the underlying bill, supports this amendment.  There were, however, questions raised as to whether the other Code Sections, relating to liens, should also be amended because this bill only applies to O.C.G.A. § 44-14-471.  Thus, the bill was tabled until the Committee's Monday meeting so that some of these issues may be addressed.   

HB 1512 was next on the Committee's agenda.  Rep. Henson proposed this change relating to the Board of Chiropractors' responsibilities so that the Board may have the authority to expunge or delete records for certain infractions made by chiropractors.  This would not relate to any standard of care infractions.  This bill passed.  HB 617 also cleared the Committee.  HB 617, authored by Rep. Graves, proposes to amend provisions pertaining to clinical perfusionists' licensing.  A Committee Substitute was proposed to include in the legislation an amended job description for physicians' assistants (this is a watered-down version of the Senate bill previously introduced this Session and includes a physician's assistant job description).

If you have any questions regarding this Report, please contact Stanley S. Jones, Jr., Jeffrey C. Baxter, or Helen Sloat.

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