January 30, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

 IT IS OFFICIAL – GEORGIA HAS A NEW FLAG!!

          After four hours of emotional speeches including a speech from Gov. Barnes, the Senate passed the flag bill, HB 16, by a vote of 34 to 22, at approximately 2:45 p.m.  Rhetoric of all types, including references to morals and “what would Jesus do?” were heard.  Former legislators were present for this vote including the Honorable Floyd Griffin and the Honorable Mike Egan.  Many House members ‘ringed’ the Senate chamber during the last minutes of the debate and during the vote.  There were also failed attempts to place the bill on a referendum, as well as creating a Commission for Flag Unity, in order to come up with another proposal to be voted on next year during the 2002 Session. 

          Tuesday also became, inadvertently, motorcycle day at the Capitol.  Many riders were circling the Capitol with their mighty machinery.  Many were there to support the proposed helmet law bill, HB 184, authored by Rep. Powell. 

Floor Activity 

          The Senate basically dealt only with the “flag” issue.  

Newly Introduced Legislation 

SB 85 – Sen. Starr and Sen. Hecht have offered this bill as an amendment to current law known as the “Development Authorities Law.”  This is found at Chapter 62 of Title 36 of the Code.  This proposal proposes a new definition of “project”: 

“means the acquisition, construction, installation, modification, renovation or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever either separately or to be used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities. A project may be for any industrial, commercial, business, office, parking, public, charitable, educational, or other use, provided that a majority of the members of the authority determines, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this chapter.” 

The bill also changes the current provisions on the tax exempt bond financing. 

HR 174 – At a time when Georgia is focusing on clear air and water, a Resolution has now been dropped by Reps. Shanahan and Hanner to create the Joint Hazardous Sites Response Act Reauthorization Study Committee.  It would be comprised of three members from the Senate and three members from the House – each would have representatives of the interests of environmental groups, industry and business.  For example, one member from the Senate would have an interest in municipal corporations and one member from the House would have an interest in counties.  The Director of the Environmental Protection Division of the Department of Natural Resources would serve as a member of the Committee and provide information as necessary.  This Committee would make a report on or before December 1, 2001, on its findings, such as conditions, needs, issues and problems regarding the funding shortfall for the Hazardous Waste Trust Fund.  It would also be abolished on December 1, 2001. 

Committee Activity 

          The House Insurance Committee passed out two bills this afternoon.  HB 166, authored by Rep. Charles Bannister, passed out by Committee substitute.  The bill amends Chapter 1 of Title 33 and adds a new Code Section at O.C.G.A. § 33-1-18: 

“In the event of cancellation, nonrenewal, or renewal of any commercial insurance policy, the insurer, upon written request of the insured or the insured’s current agent of record, shall be required to provide to the insured or the insured’s current agent of record a written loss history within 30 days of the date of such written request.”  

In the original bill, this loss history was to be provided within 45 days and did not affect renewals. 

          The Committee also passed out the timely payment of claims bill, HB 169.  The bill amends the current provisions at O.C.G.A. § 33-24-59.5 and adds this language: 

“No amount of any such interest penalty shall be applied toward any cap on benefits payable to the insured or other person claiming payments under the health benefit plan.” 

Currently, if a claim under insurance is not paid within ____ days, the health benefit plan must respond in writing within 15 days and explain why the claim has not been paid and pay interest (18% per annum) until the claim is resolved (either more information obtained, etc.) in order to process the claim.  Thus, this bill makes clear the intent, according to the author, not to apply this interest on the lifetime benefit cap. 

          The House Health and Ecology Committee and the Senate Health and Human Services Committee held a joint Committee hearing on the “Partnership for Health and Accountability.”  This Partnership is comprised of various interests including hospitals, physicians, etc. who are working together with community agencies (such as the Dept. of Community Health) and individuals to “improve care, patient safety, and create healthy communities.”  This is to facilitate a “data-driven” focus on improving patient safety.  Testimony was given at this hearing  by a variety of witnesses, including George M. Chastain, M.D. of Phoebe Putney Hospital in Albany and Steve Mayfield, Director of Performance Improvement, DeKalb Regional Healthcare System.  There was discussion about Georgia’s current best practices and improving care and reducing errors and looking at ‘clinical’ best practice and patient safety.  Testimony about what could be done to help alleviate and eradicate medication variance or errors was also presented.  This concept is promoting a peer review protected system and neutral forum for the voluntary reporting, studying, and learning from errors or near misses.  It is to encourage the sharing of best practices and medical error information in order to prevent such events from occurring again.  Hospitals which are participating will: 

-          Collect and submit de-identified data on clinical processes and outcomes;

-                     Submit de-identified data on best practices structure criteria which promote

patient safety and decrease medical errors;

-          Reduce variation through improvement projects;

-                     Utilize technical assistance for repeated “outlier” or sentinel event follow-up;

and

-          Provide “Root Cause Analyses” as requested. 

A group known as the Georgia Hospital Association Research and Education Foundation will conduct statewide educational programs. 

Several Legislators asked questions – Rep. Bob Irvin asked specifically if legislation was needed in an effort to get this moving and get all entities participating.  The answer was no – let us see how we can do on making this effort work.  Rep. Nan Orrock asked some questions on why Georgia was placed as 47^th on the list recently published in the IOM Report based on HCFA data.  The answer was that Georgia is doing a lot of things right – this data did not review some data that should have been reviewed in making this determination on where Georgia ranked on patient safety.