March 22, 2004

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

March 22, 2004    

          News of tort reform was one of the hottest topics today at the Capitol.  Apparently, a possible deal may be brokered on issues relating to expert witness rule changes, limited liability for hospital emergency rooms and other topics.  Chairman Mary Margaret Oliver hosted an informal meeting over the weekend with various lawyers, many who reside in her District, to discuss the issue further.   

          The other hot topic is the redrawing of the Legislative Maps.  Many Legislators are still crying the blues as they have been "drawn out" of their current Districts.  New maps are expected, almost daily, for a proposal to go back to the federal "map drawers" by the close of the week. 

          Lastly, Legislators finally worked out a compromise on the FY 2004 Supplemental Budget.  As of last Friday, healthcare providers were fretting about going without pay while rendering care to the State's Medicaid patients.  Miraculously, money appeared late Friday. 

          Today proved to be a long day – especially for the Senate.   

Floor News 

          Senators learned that one of their own had been taken to Grady Hospital.  Sen. Rene Unterman apparently fell on the grounds at the Capitol and was taken to the hospital via ambulance.  She was treated and released. 

The Senate had a very lengthy calendar today.  It approved the Supplemental Budget for FY 2004.  Sen. Jack Hill presented the Conference Committee Report.  A couple of inquiries were raised by Sens. Meyer von Bremen, Hooks, Jackson, and Brian Kemp.  Earlier in the morning, Sen. Faye Smith asked her colleagues to preserve monies for the mental health facilities in her hometown in Milledgeville. 

Some specifics of the Conference Report on the Budget: 

Total Funds available were originally proposed at $16,146,990,223.  The Conferees placed this at $16,079,533,973 (the big difference was in the monies expected in the Indigent Care Trust Fund and the Early Return of SFY 2004 Surplus). 

Department of Community Health 

Conferees took a larger cut (or found a savings) of $1.7 million by implementing a supplemental drug rebate program for all drug classes and included the Texas Implementation of Medication Algorithms (TIMA) guidelines for treating schizophrenia.  Originally Governor Perdue proposed a savings by doing this of $898,576; the House agreed; the Senate restored the monies to be saved by doing this. 

Conferees disagreed with the elimination of the incentive fee for dispensing generic drugs, except in situations where the pharmacist, via consultation with the prescribing physician, converts a written prescription from brand to generic status.  This would have been a savings if such had been eliminated of $472,184 in State funds. 

The institution of premiums for the Katie Beckett Waiver Program using a sliding fee scale based on income was scrapped by Conferees.  The Governor had proposed this would save the State $354,608 in State monies.  Parents of these medically fragile children were outraged by the proposal. 

Conferees disagreed with eliminating three positions in the Health Care Regulation and Licensing-Certificate of Need Program.  Governor Perdue had proposed this would be a savings of $45,225 in State monies.  Conferees allowed these positions to remain. 

Conferees have eliminated the Health Care Workforce Policy Advisory Committee Program.  Hospitals and others had worked to salvage this but it was not saved. 

Conferees agreed to increase State funding for Medicaid benefits to fund the projected cost of incurred claims for prior years and the projected cash need for FY 2004 claims in the amount of $172,849,314. 

In adjustments, Conferees did agree to implementing a targeted case management program for frequent users of emergency room services and for using existing SOURCE sites to provide disease case management to selected members with the highest Medicaid cost. 

Department of Human Resources: 

Conferees restored monies for funding the Healthy Mothers Healthy Babies Powerline contract.  Originally, a cut of $16,000 was proposed. 

Conferees took a deeper cut to the State's Emergency Preparedness/Bioterrorism program by eliminating three positions and associated costs (6.4%).  The cut, rather than $235,000, will be $470,000. 

Conferees restored monies proposed to be reduced in the funding of the High Risk Pregnant Women and Infants program for regional tertiary care centers.  Governor Perdue proposed a $150,000 cut; all monies were restored on this item. 

Conferees restored monies which were to be cut to reduce the operating expenses and delete 32 positions due to the closure of the Medical Surgical Hospital at Central State Hospital, and the acquisition of those services from the local medical community as needed.  Governor Perdue proposed to save $1,250,000 through this cut.  Conferees refused this reduction. 

A few of the bills on the Floor were: 

·        HB 183 – Sen. Don Thomas presented this bill dealing with tattoos.  It proposes to create a misdemeanor offense for any person, other than a licensed physician or osteopath, to tattoo near a person's eyes.  This came about due to concerns raised by persons getting infections for tattooed eyeliner and eyebrows.  Of course, a bill like this causes concern over whether an amendment might be offered so that an optometrist might have the right to prescribe and with that amendment being found to be germane.  This bill cleared the Senate by a vote of 37 to 2.

·        SR 728 – Sen. Shafer asked his colleagues to pass this, urging resolution for Congress to permanently enact the recent federal tax cuts.  This was adopted by a vote of 34 to 1.

·        HR 132 – One of the more interesting issues, and one which got "dropped" to the foot of the calendar, was the naming of the Keith Kalland Connector.  This Resolution was presented by Sen. Crotts to honor a deceased traffic reporter.  The problem with the Resolution is that amendments were offered in an effort to name other intersections and highways.  After working out a number of difficulties, several amendments were adopted, and the Resolution passed as amended by a vote of 51 to zero.

·        HB 1253 - This bill was held on March 19 due to a Rule 143 issue (the Floor amendment was longer than the original bill).  Sen. Preston Smith proposed a special license plate for "Choose Life".  This Amendment was adopted.  However, there were other amendments not so lucky.  Sen. Nadine Thomas' amendment to promote a license plate for the AIDS Survival Project failed.  Sen. Thomas did inquire about reconsidering the Senate's action on this amendment.  Through a lot of wrangling over Senate Rules, the Lt. Governor referred the Senate to Rule 95 concerning "order of business."  In the end, Sen. Thomas' reconsideration on the vote on her amendment failed by a vote of 14 to 31.  HB 1253 passed with amendments by a vote of 38 to 10.

·        HB 1415 – After a number of hearings were held over the summer, the House proposal on creating a review board to oversee how hotel-motel taxes which are collected are actually spent cleared the Senate by a vote of 43 to 2.

·        HB 1519 – Rep. Porter's Common Sense Consumption Act (also known as the McDonald's Bill) cleared the Senate by a vote of 50 to zero. The bill was engrossed in the House so no changes have been made to it. It proposes in Chapter 2 of Title 26 to prevent consumers from filing lawsuits against food establishments for health concerns (obesity) as a result of eating certain food items. 

·        HB 1026 – Sen. Starr presented this bill which proposes preserving certain property and records of public officers and employees (this was the Secretary of State's legislation).  "Any record created or received by a state agency, constitutional officer, or Speaker of the House of Representatives in the performance of a public duty or paid for by public funds, and certified by the Director of the Division of Archives and History as necessary to document the history, organization, functions, policies, decisions, and procedures of the agency or office, shall be placed for permanent preservation in the Division of Archives and History when no longer in current use by the agency or officer."  This would not apply to the President Pro Tem in the Senate. This bill also passed by a vote of 50 to zero.

·        HB 1358 – in an effort to further protect Georgia's children, Sen. Clay presented this bill which would redact minors' identifying information from public records disclosures.  This would be a Title 50 amendment and would limit these records: "Records of athletic or recreational programs, available through the state or a political subdivision of the state, that include information identifying a child or children 12 years of age or under by name, address, telephone number, or emergency contact, unless such identifying information has been redacted."

·        HB 1263 – Sen. Clay explained this legislation which addresses cancellation or non-renewal of property insurance policies.  Amendments were offered by Sen. Harp and were adopted.  The bill then passed without opposition.

·        HB 1176 – This proposes special parking permits for persons who drive or transport blind individuals so that they may access handicapped spaces closer to building locations.  This bill passed by a vote of 51 to zero.

·        HB 736 – this proposal dealing with ad valorem tax assessments got bogged down with amendments and was recommitted due to its length to the Senate Rules Committee. 

          On the House side, it too agreed to a compromise on the Budget for Supplemental FY 2004.  HB 1180 passed the House by a vote of 159 to 8.  Speaker Coleman even queried those who voted against the Budget to make certain that their intentions were to vote against Governor Perdue's Budget.  Children remained a top priority in the Budget as did healthcare. 

          One Resolution was passed by the House by a vote of 155 to zero.  It urges the Departments of Human Resources and Community Health to come up with a plan to move persons currently on the State's waiting list for community-based mental health services in community service slots.  Rep. Manning has been pushing this Resolution. 

          The House also took up six Senate bills: 

·        SB 356 – this Legislation proposes to create a registry in an effort to track carbon-monoxide credits sold by "greenspace" landowners to large corporations in the State.  This passed by a vote of 144 to 7.

·        SB 411 – this Bill proposes to limit amounts on supersedeas bonds which are required of corporations who lose in civil lawsuits and must be posted prior to filing of their appeal of such judgments.  This passed by a vote of 156 to zero.

·        SB 482 – this is a bill by Lt. Governor Taylor and proposes that convicted felons, upon completion of their sentences, provide a DNA sample for the State's criminal database.  This bill would hopefully help solve those unresolved cases but also provide assistance if those persons are caught in further criminal activity.  This cleared the House by a vote of 158 to zero.

·        SB 457 – this proposed legislation allows Georgia's nurses who are trained to perform sexual assault examinations as well as to testify in those cases as expert witnesses in court.  It also sets up protocols for courts to follow for these sexual assault cases in terms of investigating and prosecuting them.

·        SB 480 – another bill dealing with the environment, this Legislation proposes to allow land, which is used for forestry purposes, to be deeded to the State and considered to be "greenspace."  This bill cleared by a vote of 143 to 1.

·        SB 496 – this proposal allows the State's Adjutant General to appoint National Guard Officers as Deputy Adjutants General.  These persons would serve at the pleasure of the Adjutant General.  This bill also passed with a unanimous vote of 156 to zero. 

Committee News 

          What an afternoon!  In a sly move in the Senate Health and Human Services Committee, the Coalition for Civil Justice Reform finally had a small victory.  Sen. Preston Smith amended Rep. Alan Powell's legislation, HB 1028, in the late afternoon meeting to add three provider friendly provisions. 

          In the Senate Insurance and Labor Committee, Senators labored over the demise of the Subsequent Injury Trust Fund.  Rep. Oliver's bill was before the Committee for its review.  HB 1579, which was amended in the House and now places the dissolution of the Fund not to begin until 2008, cleared this Committee with a unanimous vote.  However, a lengthy hearing regarding the merits of the Fund was held.  Both sides of the issue were present.  The Association of County Commissioners and the Georgia Municipal Association brought in an expert who has conducted actuarial studies on the Subsequent (or Second) Injury Trust Fund which is being considered to be dissolved in South Carolina.  Members were not swayed by his arguments on the enormous outstanding liability which would be caused if the Fund were dissolved.  The business community has been divided on this issue as some larger corporations actually benefit by using the Fund.  Even the State has benefited by the use of the Fund.  Small businesses have generally opposed keeping the Fund in place; this is primarily because many do not know how to access the Fund.  Waffle House had folks present to describe its experience with the Fund.  While Waffle House has found the fund generally positive in terms of cash flow coming back to it, it was in favor of the bill's passage to dissolve the Fund.  Its representatives stated that the monies that it paid into the Fund could be used to actually settle the outstanding claims. 

          Another bill on the Senate Insurance and Labor Committee's agenda was HB 935 by Rep. Harrell.  It proposes an advisory committee on seniors and prescription drug costs and to provide for its selection, compensation, powers, qualifications, and duties.  Among ideas that this committee is to consider are: 

(A) Appropriate methodologies to evaluate the experiences of seniors trying to access prescription drug assistance programs and the effectiveness of referrals to such programs;
(B) Marketing approaches to provide information about available prescription drug assistance programs to seniors;
(C) Streamlining the enrollment and purchasing process for all available prescription drug assistance programs;
(D) Coordinating various prescription drug assistance programs;
(E) Evaluating outcome data provided by GeorgiaCares to make policy recommendations to the General Assembly;
(F) Identifying gaps in prescription drug coverage and programs designed to assist seniors in obtaining prescription medications; and
(G) Assessing the experiences of seniors in obtaining prescription drugs at affordable prices with various coverages. 

A couple of small amendments were made to the Bill in Committee.  In the appointments to be made to this Committee by the President of the Senate, those will be made by the Committee on Assignments instead.  Additionally, there was one additional item to be reviewed and that was "identifying more cost effective and convenient ways for seniors to access and obtain their maintenance medications."  HB 935 passed by Committee Substitute with these changes.

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

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