January 24, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

History was being made at the Capitol today.

The House of Representatives voted 94 to 82 to change Georgia's Flag. 

          In a meeting in the House Rules Committee this morning, the Committee voted out HB 16, introduced by Rep. Tyrone Brooks, which would alter the current State Flag.  After a lot of discussion and input by numerous entities, the Committee voted out a version of HB 16 which incorporates the current flag, as well as the pre-1956 flag in a banner underneath the State's seal against a dark blue background.   Even the great former legislator, Denmark Groover, who led the adoption of the current flag in 1956, helped make the change. 

          In an extraordinary move, the Governor appeared before the House asking for its support of the Committee Substitute for HB 16.  A full copy of his speech may be found on the Governor's Website.  See: 

www.gagovernor.org/governor/speech/press.cgi?prfile=PR.20010124.01  

Image of the proposed new flag design

          Some of the Governor's greatest lines in delivering his words of encouragement in the passage of this Bill were: 

"I am a Southerner.  My wife's name is May-REE.  I like collard greens with fried streak-o-lean, catfish - tails and all, fried green tomatoes, cathead biscuits, and red eye gravy.  My heart swells with pride when I see a football game on a crisp fall Saturday.  I still cry when I hear amazing grace.  My great grandfather was captured at Vicksburg fighting for the Confederacy and I still visit his grave in the foothills of Gilmer County.  I am proud of him." 

          "Defeating this compromise will confirm the worst that has been said about us and, in  the process, dishonor a brave people.  Adopt this flag and our people will be united as one rather than divided by race and hatred.  Adopt this flag and we will honor our ancestors without giving aid to those who would abuse their legacy."         

          "When the dust settles and controversy fades, will history record you as just another politician or as a person of conscience?" 

          "I have heard all the reasons not to change the flag and adopt this compromise: "it will hurt me politically"; "this is how we can become a majority"; "this is our wedge issue"; "this is the way we use race to win."" 

"Using race to win leaves ashes in the mouths of the victors." 

The bill proceeded to the House Rules Calendar to be considered by the House.  Upon receiving the Bill, a motion was made to have the bill rest on the members' desks for an hour to follow House Rules' procedures.  This motion carried and the House recessed for an hour around lunch.  Needless to say the Gallery and the halls were abuzz with activity and discussion on the proposal. 

After the recess, the House came back and began to hear the merits of the Bill and address the numerous amendments proposed.  Rep. Calvin Smyre, House Rules Committee Chair, explained the Substitute and asked for the House to support the "compromise."  Rep. Brooks asked that the members of the House also support this "compromise." 

The following were amendments proposed and what happened with each: 

Rep. Mills' Amendment: he proposed to add "in God we trust" to the flag.  This passed by a vote of 102 to 67.

Rep.King's Amendment:  He asked that a referendum be held; this was ruled as out-of-order and unconstitutional based on Speaker Murphy's reading of the Attorney General's opinion and law. 

Rep. Ragas' Amendment:  He asked that the House consider removal of the banner from the flag.  This was defeated by a vote of 154 nays to 21 yeas. 

Rep. Millar's Amendment:  He proposed moving the man in the State's seal from the far right column to the middle column.  This was accepted. 

Rep. Birdsong's Amendment:  He proposed to require the State flag to be flown at each State agency office funded through State appropriations.  This was accepted. 

There were a number of passionate remarks made from the Well.  Rep. Tyrone Brooks even remarked that "we are all brothers and sisters – check your heritage."  While there was some laughter in this 'courtroom,' there was seriousness to the moment.  Rep. Larry Walker took the Well in what even he considered detrimental to his political career and stated that it was the longest 6 ½ foot walk he had ever made.  Rep. Walker's speech pointed to some events from history and even quotations from the Bible – "it is time to pluck up what has been planted."

Newly Introduced Legislation 

SB 53 – Sen. Charles Walker and others introduced this bill in an effort to address issues relating to 'balanced billing' by physicians.  This bill, amending Title 43, proposes to create the "Fair Health Care Billing Act of 2001."  Some of the bill's provisions include: 

43-1C-4.
(a) Every contract between a physician and an insurer which offers a health benefit plan under which that physician provides health care services shall be in writing and shall state the obligations of the parties with respect to charges and fees for services covered under that plan when provided by that physician to enrollees under that plan.  Neither the insurer which provides that plan nor the enrollee under that plan shall be liable for any amount which exceeds the obligations so established for such covered services and the enrollee shall also not be liable for the obligations so established for such covered services whether or not the health benefit plan fails to meet such obligations.

(b) A physician who knowingly accepts as a patient a person who is an enrollee in a managed care plan with whom such physician has no contract to provide health care services to enrollees thereof, when such patient has been referred to that physician by another physician who has such a contract with that plan, shall be entitled only to such fee amounts as are paid for health care services covered under that plan as are allowed to comparable physicians in such plan who provide those services.  The health care plan shall be liable for such fee amounts and the enrollee shall not be liable for such amounts or any amount exceeding such fee amounts.

(c) Neither the physician nor a representative thereof shall collect or attempt to collect from any enrollee any obligations with respect to charges and fees for which the enrollee is not liable and neither such physician nor a representative thereof may maintain any action at law against such enrollee to collect any such obligations.

(d) The provisions of this Code section shall not apply to the amount of any deductible or copayment which is not covered by the health benefit plan.

(e) Every contract required to state the obligations required by subsection (a) of this Code section shall contain the restrictions and limitations required under this Code section.

43-1C-5.
A physician must attempt to inform a patient within 24 hours of the receipt of the patient's laboratory test results.  This attempt may take the form of direct, electronic, or telephonic contact; an electronic or telephonic message asking the patient to contact the physician; or a written or electronic communication transmitted within 24 hours of receipt of the test results.

43-1C-6.
A violation of any provision of this chapter by a physician shall be unlawful and shall be an unfair practice under Code Section 10-1-393. 

SB 54 – Sen. Harold Ragan and others have introduced this legislation amending Article 2, Chapter 34 of Title 43.  This would provide that agents or personnel of the Office of the Secretary of State would conduct investigations on behalf of the Composite State Board of Medical Examiners.  Further, the bill provides for procedures, complaints and funding relating thereto.  Funds to pay for these investigations for the Board by the Division Director or employees or agents, including compensation and benefits for such personnel, would come from appropriated funds or those funds otherwise available to the Board. 

Committee News 

          Sen. Nadine Thomas hosted a Subcommittee hearing late in the afternoon of the Senate Appropriations Committee.  This Subcommittee, Human Development, met to hear from Commissioner Gary Redding and his Department, Human Resources.  Commissioner Redding presented an overview of the services of his Department and had his chief Division heads, including Public Health, Aging, Department of Family and Children's Services, Mental Health, Mental Retardation, and Substance Abuse, Regulatory Services, and Rehabilitation Services present to meet the Subcommittee members.  Beginning next week, the Subcommittee will ask more pertinent questions concerning actual Budget items.

           Rep. Mickey Channell hosted a Subcommittee meeting pertaining to the Department of Community Health's budget items.  A host of hospitals were present to comment on the proposals included in the FY 2001 Supplemental Budget.  Speakers discussed: (1) the plight of the rural hospitals; (2) obtaining additional funding for home health needs around the State by raising the reimbursement rates of those providers who are not receiving $75 per visit to that level; (3) obtaining better reimbursement for specialty hospitals by addressing better "outliers" for those facilities; (4) providing 100% of cost reimbursement for outpatient services; (5) increasing to 100% the RBRVS for physician costs – in essence, equalizing the Medicaid rates to Medicare rates; and (6) basing hospital reimbursement on the most current cost reports.