March 5, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

          The home stretch is in sight.  Today, the House voted on its version of the FY 2002 Budget.  After approving the Budget, the House took up several other measures.  Meanwhile, the Budget now makes its trek through the Senate.  Details of the day follow: 

Floor Activity 

          Today, the House passed HB 175 by a vote of 150 to 22, with a few Republicans voting no.  Rep. Larry Walker presented the Budget to the House members in the “committee of the whole” before the House actually passed the bill.  He stated that issues relating to education, crime, and water have all been important.  There were numerous questions raised about the “special projects” found in the Department  of Community Affairs Budget line items.  Rep. Jeff Brown raised some questions concerning the elimination of the 5% “redirects” and the adjusted base used.  Rep. Mitchell Kaye also raised a number of questions, including one regarding an after-school program which was listed as “operational expenses related to the community without walls and mainstage productions for Jomandi Productions in the City of Atlanta” for $300,000.  Rep. Kaye argued that "basic human needs" should be addressed.  There were also questions concerning an additional $800,000 for the Robbins Air Force Museum which was initially funded last year.  Rep. Kathy Cox raised some questions about cuts to grants-in-aid for public health departments at the local level.  Discussions were also held regarding road improvement issues.  Rep. Jeff Williams raised some concerns about the need for the “scribe system” which was previously placed in the budget and tracks persons on parole.  This exclusion is apparently due more information being needed from the Georgia Technology Authority.   Maximization of federal funds was also a topic of discussion.  Rep. Walker explained that the budget numbers were an educated guess with the usual "conservative approach to the revenue estimate" being taken.  

When the Budget finally came to the Floor for a vote, there were several amendments offered by Republicans – none passed.  Rep. Stancil raised an issue concerning the driver’s license offices and their lack of staffing – especially in Cherokee County where lines are long and sometimes require 4 to 6 hour waits.  Rep. Stancil explained that there was a need for an additional 50 examiners which would cost $1,627,050.  Rep. Pinholster raised the tuition equalization grant issue.  Rep. Jeff Williams raised an issue which would move the dollars for teacher recruitment back to the Department of Education – he claimed that there were 1,047 vacancies presently in Georgia’s schools.  Rep. Irvin explained that the size of the budget was a great concern – more of concern was the lack of dollars for revenue surplus.  He explained that the State should have at least 6% in the shortfall which would cost $212 million.  He stressed the importance of raising this amount from the current 4%.  In one of the most appealing pleas, Rep. Mickey Channell asked that the Legislators support the critical access hospital funding which is included in the Budget.  He praised the Governor, the Lt. Governor, the Speaker, etc. for their support and their efforts to help save these hospitals from closure. 

          In the Senate, several bills have crossed over and have now been read.  Some include: 

HB 289 – This is the bill authored by Rep. Rene’e Unterman and others concerning disabled adults and elder persons which tightens penalties relating to those persons who neglect, abuse, and exploit disabled adults and/or elderly persons.  This would amend O.C.G.A. § 30-5-8.  The bill has now been referred to the Senate Judiciary Committee. 

HB 435 – This is Rep. Tom Bordeaux’s bill pertaining to physical and mental examinations of persons and who may conduct them.  This has now been forwarded to the Senate Health and Human Services Committee. 

HB 478 – Speaker Murphy’s bill dealing with insurers who act in bad faith in settling claims, amending Title 33, has now made it to the Senate and has been assigned to the Senate Judiciary Committee. 

HB 569 – Rep. Jack Connell’s bill pertaining to filing of subsequent pleadings after the original complaint and when waiver of service may occur has been forwarded to the Senate Judiciary Committee.  The bill amends O.C.G.A. § 9-11-5 and O.C.G.A. § 15-6-21. 

HB 585 – The pharmacy benefit manager bill authored by Rep. Parham and Rep. Graves, which would require these entities to be licensed as “pharmacies,” has now made it to the other side and will be reviewed by the Senate Health and Human Services Committee. 

HB 737- Another bill authored by Rep. Bordeaux which amends current law relating to frivolous lawsuits by providing that attorney’s fees and expenses of litigation awarded under O.C.G.A. § 9-15-14 be treated as court costs with regard to the filing of any subsequent action has now made it to the Senate Judiciary Committee. 

          The Senate passed SB 71 concerning sales of alcoholic beverages after certain hours of the day.  This bill has been brought due to the problems in the Atlanta area of Buckhead.  In a compromise, the bill would require that bars close at 3:00 a.m.  The bill passed with this new time (originally, the time was 2:00 a.m.) as a Floor Amendment by a vote of 39 to 10.  

          The Senate also dealt with Sen. James’s bill, SB 75, concerning the licensure of acupuncturists, in order to delete certain testing requirements and to allow certified chiropractors to use acupuncture.  SB 75 passed by a vote of 51 to zero by Committee Substitute. 

Newly Introduced Legislation 

SB 298 – Sen. Tom Price has introduced this bill concerning State Employees’ Health Insurance and alternatives which amends Article 1 of Chapter 18 of Title 45 in an effort to provide for optional health care coverage plans as alternatives to the health insurance plan coverage.  The bill has been forwarded to the Senate Committee on Veterans and Community Affairs.  Specifically, it states at O.C.G.A. § 45-18-2.1:

“In addition to any arrangement for health care coverage provided under the health insurance plan established under this chapter, the board shall allow each employee eligible for such coverage to choose to obtain alternative health care coverage under any accident and sickness policy, health maintenance organization, or similar arrangement licensed under Title 33.  The obligation of the state or any other employer for payments for such alternative coverage shall not exceed the average employer contribution for family or individual coverage, as applicable, under the current health insurance plan offered by the board.  Any additional amount required for such alternative coverage shall be the obligation of the employee.  An employee who chooses such alternative coverage shall provide to the board proof of acceptance of the employee for such coverage by the business which provides such coverage.  The board shall then pay to such business the premium or other charge for such coverage, subject to the payment by the employee to the board of the amount by which that premium or charge exceeds the employer's obligation therefor under this Code section.” 

SB 299 – Sen. Price has also authored this bill amending Article 7 of Title 49, Georgia’s Medical Assistance Act of 1977, in an effort to provide for a pilot project for medical assistance accounts for recipients.  Some of the bill’s provisions include the new Code Section at O.C.G.A. § 49-4-152.5, to be known as the “Market Based Medicaid Reform Act:” (1) Provide a more cost effective means of providing health care coverage for certain Medicaid eligible individuals;(2) Create patient awareness of the high cost of medical care; (3) Reduce inappropriate use of health care services; (4) Enable clients to take responsibility for healthy outcomes and lifestyles; (5) Provide incentives to patients to seek preventive and primary care services; and (6) Provide Medicaid recipients vouchers to purchase health care coverage, education, job training, or child care.  This bill has been sent to the Senate Health and Human Services Committee. 

HB 821 – Rep. Buck and others introduced this bill amending O.C.G.A. § 48-5-41 concerning ad valorem tax exemptions in order to clarify the exemption concerning property of non-profit homes for the aged.  The bill has been forwarded to the House Ways and Means Committee. The bill states: 

“(12)(A) Property of a nonprofit home for the aged used in connection with its operation when the home for the aged has no stockholders and no income or profit which is distributed to or for the benefit of any private person and when the home is qualified as an exempt organization under the United States Internal Revenue Code, Section 501(c)(3), as amended, and Code Section 48-7-25, and is subject to the laws of this state regulating nonprofit and charitable corporations;
(B) Property exempted by this paragraph shall not include property of a home for the aged held primarily for investment purposes or used for purposes unrelated to the providing of residential or health care to the aged;

(C) For purposes of this paragraph, indirect ownership of such home for the aged through a limited liability company that is fully owned by such exempt organization shall be considered direct ownership.” 

HB 828 – Rep. Parham has offered this bill to establish the licensing of the practice of orthotics, prosthetics, and pedorthics in Chapter 34 of Title 43.  The bill defines “orthotics” as “science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis under an order from a licensed physician or podiatrist for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity.”  In addition, “pedorthics” is defined as “the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a pedorthic device under an order from a licensed physician or podiatrist for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity.”  A Board would be established to govern the practice of such.  The bill also outlines the educational and licensing requirements.

HB 829 – Rep. Alan Powell has introduced this measure to increase the sheriff’s fee for serving a copy of the process and returning same in a civil matter.  This would amend O.C.G.A. § 15-16-121.  This has now been forwarded to the House Judiciary Committee. 

HR 464 – Rep. Stephanie Stuckey has authored this Resolution regarding privacy issues.  This is yet another attempt to address the privacy laws.  The Resolution proposes an amendment to the State’s Constitution in order to provide for a greater right of privacy. 

Committee Activity 

          As both the House and Senate calendars were lengthy, there were limited Committee meetings.  The Senate Appropriations Committee’s Subcommittee on Human Development hosted a very lengthy hearing on the FY 2002 Budget.  The first thing the Subcommittee did was to hear from the Commissioners, Gary Redding and Russ Toal, on the various Budget items listed in the Budget which the House approved in HB 175.  In the cramped hearing room, advocates for interests which receive funding through the Departments of Human Resources and Community Health raised their various concerns and requests for inclusion in the Budget.  Needless to say, some of the concerns over the issues were heart-touching.  There were requests for funding money for more case workers for foster children, money for educating women about the need to take folic acid in order to prevent birth defects (such as spina bifida), money for hospitals to reimburse them for 100% of their outpatient costs, money for home health including additional reimbursement for home health providers who are serving medically fragile children, additional funding for mental health needs of children (in an effort to keep more children out of the Department of Juvenile Justice), etc.  There were some interesting moments in the discussions.  Sen. Thomas expressed her concerns over the allied healthcare workforce shortages and the need to track nurses’ licenses.  Also, issues relating to the State’s health benefit plan for its employees were raised – it would appear that the State’s preferred provider organization (PPO) is far more inclusive for some providers than what would typically be defined as a PPO.  Specifically, almost all of the State’s acute care hospitals are included (about 150) with only 11 facilities being left out.  22 out-of-state hospitals are also in the network.