January 31, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

 IT IS FLYING ATOP THE DOME!

 THE NEW FLAG CREATED BY HB 16 IS NOW IN PLACE!

           Today was much calmer around the Capitol.  Tension was not as thick as in days past.  In an early morning meeting of the Georgia Chamber of Commerce’s Governmental Affairs Council, Governor Barnes spoke to the members and expressed his gratitude for helping with the passage of the Flag Legislation.  Special thanks were extended to lobbyist Ed Holcomb of the Southern Company who led the group of business lobbyists in the effort to pass the legislation creating the new Flag.  Governor Barnes also explained some of his additional legislation which would be forthcoming in the next few days – including motor vehicle legislation such as conformance of the State’s DUI law to the federal law, teen driving issues, and ‘road rage.’  Also, the Governor will be introducing additional education reform legislation in order to deal with administrative issues (content knowledge for teachers, alternative certification, getting better basic math in middle schools, etc.) as well as establishing an education savings account similar to an IRA.  There will be a bill on clean water initiatives.  He also indicated that there would be no major tax legislation. 

 Newly Introduced Legislation 

HB 323 – Rep. Powell has offered this amendment to O.C.G.A. § 20-3-37 concerning the Board of Regents’ contracts with hospitals – this stated that the only form of surgical procedures permitted in an outpatient setting by an individual physician would be those procedures in which that physician had already received training during that physician’s medical or osteopathic training or residency.

HB 329 – Rep. Martin has offered this bill to amend Chapter 13 of Title 16 concerning controlled substances, Chapter 4 of Title 26 relating to pharmacists, Article 8 of Chapter 7 of Title 31 concerning health service provider psychologists, and Chapter 39 of Title 43 relating to psychologists in order to authorize certain psychologists to prescribe drugs in certain circumstances.  The “practice of psychology shall include the administering, ordering, and prescribing of drugs by a psychologist certified to prescribe for the diagnosis, care, and treatment of mental or nervous disorders or illnesses.”  The psychologist would have to successfully complete pharmacological training from an institution of higher learning or from an approved provider of continuing education and the successful passage of an examination approved by the State Board of Examiners of Psychologists which would then test the knowledge of the person in pharmacology in the diagnosis, care, and treatment of mental and nervous disorders and illnesses.   

HB 339 – Rep. Richardson has introduced this amendment to Chapter 33 of Title 31 concerning the provision of copies of health records upon request by a patient’s authorized agent.  This amends the Code to allow such person to obtain records “within a reasonable period of time not to exceed 30 days from the receipt of the request or, if the provider requires payment before furnishing the records, 30 days from receipt of the payment, whichever is later.”  If a person violates these provisions, he or she will be guilty of a misdemeanor. 

HB 352 – This is the Department of Insurance’s bill on licensing of agents, agencies, subagents, counselors, and adjusters.  It will amend Chapter 23 of Title 33.  It is being introduced to conform with federal guidelines.   Some of the amendments include who can sell, solicit, or negotiate insurance: no person can do such “unless that person is licensed for that line of authority in accordance with this chapter and applicable regulations.”  Also, any individual who sells, solicits, or negotiates insurance in this state must be licensed as an agent.  Any business that sells, solicits, or negotiates insurance in Georgia must also be licensed as an agency.  These provisions are found at O.C.G.A. § 33-23-4.  There is a list of exemptions as to who does not have to be licensed as an agent.  The bill also outlines more specifics as to the licensing/permitting of agents – such as how old the applicant must be, whether the applicant who applies for an insurance agent license in Georgia who has already been licensed for the same lines of authority in another state would be required to complete any pre-licensing education or examination (with certain exceptions), etc.  The bill has been authored by Rep. Jimmy Lord and will probably be assigned to the House Insurance Committee. 

The House Health and Ecology Committee met and took up a bill, HB 223, authored by Rep. Lester Jackson relating to dental screening.  The bill passed unanimously just as it did in the Subcommittee on Monday.  There have been amendments concerning language relating to when dental screenings may be conducted at health fairs.  On line 16, the language will now read: “health programs.  Other health fair settings must be pre-approved by the board.”  Rep. Tom Bordeaux added a second amendment during today’s meeting.  His amendment adds the word “dental” before the word “screenings” in order to clarify screenings.  Martha Phillips, with the Georgia Dental Association, explained to the Committee that "pre-approved" applies to the setting of the health fair, not the actual dental hygienist who is already qualified.  Furthermore, these health fairs will not have to change in any manner the way they now operate.  "Pre-approval" for the site will have to be obtained by the medical practitioners.

In the House Human Relations and Aging Committee, Rep. Nikki Randall brought HB 263 before the Committee, and it passed unanimously.  The bill changes the provisions of Article 14 of Chapter 7 of Title 31, as they relate to nursing home employee record checks.  Such record checks must be conducted and written reports must be provided before a facility hires an employee.  The bill passed from the Committee unanimously.  The one concern of the Committee is how the bill relates to current employees who have criminal records.  It was discussed that firing an employee ex post facto can cause serious legal difficulties.  The most relevant language appears on lines 25 and 26, of page 2.  “’Employment applicant’ means any person seeking employment by a nursing home.  This term shall not include persons employed by the nursing home prior to July 1, 1995.”  Chairman Byrd stated that the Committee might amend this language before the bill appears on the floor.

          Late this afternoon, the House Appropriations Subcommittee on the Department of Community Health met to discuss some amendments to the FY 2001 Supplemental Budget items.  Specifically, there were six items which the Subcommittee addressed and passed:

1)       It agreed that there should be an inclusion of $25,000 for system changes in order to help get 100% of physician costs for physicians who are treating ‘dual eligible patients.’  The issue for the entire reimbursement item would be addressed in the FY 2002 Budget.  This $25,000 will help with things such as computerization issues, etc.

2)                 It agreed to take the above-referenced $25,000 from the $200,000 allotment for homeless services in the amended budget.  Commissioner Toal explained that this would not impact the two pilot projects for Fulton and Chatham Counties.

3)                 It agreed that any dollars overlapped in the Budget could be taken and applied to non-emergency transportation, as utilization of these services had grown more than expected.  Most of these were from greater numbers of trips provided from the Dept. of Human Resources’ services to clients.

4)                 It agreed to calculate the cost of the use of the latest cost reports which are used in calculating reimbursement for hospitals.  Currently, the Department of Community Health is using the 1996 reports for inpatient rates.  This is totally unacceptable, according to Rep. Channell who chairs this Subcommittee.  The Department is to determine what it will cost to take hospitals to the 1997, 1998, etc. cost reports (each hospital uses a different report) before the implementation of the FY 2002 Budget.  Then, the State will have to find the dollars to ‘fix’ the problem.

5)                 It agreed to fund $1,000,000 to both Morehouse and Mercer Medical Schools through the educational programs.  Commissioner Toal explained that some of this money would come from federal funds.

6)                 It also agreed to eliminate the reference to using cash deficit (as referenced in the budget for the fourth quarter) so that the accounting system would be on a cash basis rather than an incurred cost basis.

          The cost of natural gas is really getting the Legislature’s attention.  Several bills have been introduced and Committees are now taking up the various issues in an effort to help consumers.

          Also, in tomorrow’s House Judiciary Committee, the Committee will take up Rep. Larry Walker’s proposal, the “Patient’s Right to Know Act.”  This is HB 156.  This would create a physician profiling mechanism in which physicians would self report on their backgrounds (education, training, hospital privileges, civil judgments, settlements, etc.).  Also, this establishes a mechanism by which patients can register complaints about a physician, a physician’s office or staff, and/or treatment received.