Today was State Farm Day at the Capitol! It was also Peanut Day at the Capitol – complete with peanut butter and jelly sandwiches and cold milk!!

SB 513 – Sen. Tom Price introduced this bill amending O.C.G.A. § 43-9-12 regarding sanctions for chiropractors. This states that "upon a showing of good cause, the board may suspend, modify, or change the discipline imposed upon any chiropractor disciplined by the board for violations of rules and regulations under this chapter." This bill has been assigned to the Senate Health and Human Services Committee.

SB 515 – This legislation was introduced by Sen. Tate and others to amend Chapter 4 of Title 49 concerning the public assistance program. It would create the Georgia Pharmacy Assistance Program for Low-income, Elderly Citizens. This program would fall under the Department of Community Health. An eligible recipient is someone who is 65 years of age or older; is a resident of Georgia and has been for not less than six months prior to applying for assistance; has a federal adjusted gross income from all sources not exceeding $14,000 (individual) or $30,500 (married couple); and meets eligibility criteria established by the Board. A prescription drug program would be administered by DCH and would consist of payments by DCH to pharmacies for the reasonable cost of prescription drugs dispensed to eligible recipients minus a co-payment charge of $10.00 for each prescription filled. The co-payment would be collected at the time of each purchase and could not be waived. DCH would pay the pharmacy under the program based on the price paid directly by a pharmacy to the pharmaceutical manufacturer for prescription drugs dispensed under the program minus the co-payment charge plus a dispensing fee in an amount established by the Board, if the direct price paid by the pharmacy is lower than the reasonable cost of the drug. The reimbursement to the pharmacy for prescription drugs dispensed under the program shall be based upon actual package size costs of drugs purchased by the pharmacy in units larger than or smaller than 100. DCH’s Board would establish application procedures so that a pharmaceutical manufacturer could apply to participate in the program. Participation by a manufacturer in the program would require that DCH be given a rebate from the manufacturer equal to the rebate supplied by the manufacturer under section 1927 of Title XIX of the federal Social Security Act. All drugs of a pharmaceutical manufacturer that participates in the program shall be made immediately available and the cost of those drugs shall be reimbursed and not subject to any restrictions or prior authorization requirements. Any prescription drug of a manufacturer that does not participate in the program would not be reimbursable unless DCH makes a determination that the prescription drug is essential to the program participants.

SB 516 – Sens. Gillis, Streat, Huggins, and Starr authored this bill amending O.C.G.A. § 43-10A-7 concerning exceptions from the licensing requirements for persons practicing professional counseling, social work, or marriage and family therapy. This additional exception would allow persons who practice professional counseling, social work, or marriage and family therapy, as employees of privately owned correctional facilities, to not be licensed.

SB 517 – Sen. Price introduced this amendment to Chapter 2 of Title 20 and Article 2 of Chapter 7 of Title 48. This bill encourages the donation and expenditure of private funds for the benefit of elementary and secondary children enrolled in public and private schools in Georgia through tax credits. Further, the bill would create the Georgia Elementary and Secondary Education Assistance Corporation. This creates a voucher system which students could use to pay tuition at privately owned and operated elementary and secondary schools.

SB 518 – Sen. Price also authored this Bill amending Chapter 2 of Title 20 concerning the establishment of the Georgia Elementary and Secondary Education Assistance Corporation. It sets up vouchers to be used and disbursed for eligible students to pay tuition at privately operated elementary and secondary schools in Georgia or to pay for tutoring services that are directly related to certain courses offered at such schools. It also provides for an annual audit of the Corporation and also amends Article 2 of Chapter 7 of Title 48 in order to allow for state income tax credits.

SB 519 – Sen. Price also authored this education bill to amend Chapter 2 of Title 20 and Article 2 of Chapter 7 of Title 48. This would establish the Georgia Elementary and Secondary Education Assistance Corporation. This corporation would have the powers and duties to collect private contributions and disburse such contributions in the form of vouchers which eligible students may use to pay tuition at privately operated elementary and secondary schools in Georgia. It would also provide for a tax credit for contributions (up to 100 percent of the total amount contributed) but would not be able to exceed $500.00 or the taxpayer’s income tax liability, whichever is less.

SB 520 – Sen. Price authored this bill amending Article 1 of Chapter 5 of Title 21 concerning the Ethics in Government Act. It provides for a mandatory training session on ethics laws for members, as well as members-elect, of the Georgia General Assembly.

SR 636 – Sens. Cable and others have introduced this Resolution urging that more public information be provided regarding the health risks resulting from the human papillomavirus (HPV). This sexually transmitted disease is prevalent in more than 5.5 million new infections in the United States each year. Further, HPV has been linked to the causation of cervical cancer.

SR 644 – This was dropped by Sens. Dean, Marable, and Walker and would create the Senate Petroleum Industry Study Committee. This is being created as a result of the recent increase in retail gasoline and diesel fuel prices. This Study Committee would be composed of six members of the Senate (appointed by the President of the Senate). There would be meetings of not more than ten days and the Committee would make a report on or before December 31, 2000.

HB 1618 – Rep. Parsons introduced this bill amending O.C.G.A. § 10-1-393 regarding unfair or deceptive practices in consumer transactions. It states that it will be unlawful for any non-local business to cause to be listed in any non-classified advertising local telephone directory a toll-free number that is outside the calling area covered by the directory and the listing fails to state clearly the principal place of business of the non-local business. This bill has been referred to the House Committee on Industry.

HB 1623 – Reps. Pinholster, McBee, and Stancil introduced this bill to amend Article 2 of Chapter 34 of Title 43 concerning physicians. This would provide for the regulation of certain ambulatory surgical treatment centers by the Composite State Board of Medical Examiners. Specifically, this bill would insert a new Code Section at 43-34-42.2. It defines ‘ambulatory surgical treatment center’ as a physician’s office or any office, building, or facility attached or adjacent to the physician’s office which is owned by the physician’s practice and which is devoted primarily to the provision of surgical treatment to patients who do not require hospitalization. It does not include entities where patients are admitted for treatment that normally require an overnight stay, entities that provide accommodations for treatment of patients for 24 hours or longer, or any ambulatory surgical treatment center required to have a permit under O.C.G.A. § 31-7-3. Also, this new section states that the Board is authorized to require an ambulatory surgical treatment center to meet requirements to be essential for the protection of patients who undergo medical procedures under general anesthesia. Also, any ambulatory surgical treatment centers that have been accredited by a national accreditation entity, such as, but not limited to, the American Association for Accreditation of Ambulatory Surgical Facilities or the American Society of Plastic Surgeons would be deemed to have met the Board’s requirements. This has been forwarded to the House Health and Ecology Committee.

HB 1630 – This is another Ethics in Government Act bill. This was introduced by Reps. Smyre, Skipper, Walker and Sauder amending Chapter 5 of Title 21 of the Code. This bill revises the provisions relating to campaign finance disclosure and regulation. The bill defines "independent committee" as any "committee, club, association, partnership, corporation, labor union, or other group of persons, other than a campaign committee, political party, or political action committee, which receives donations during a calendar year from persons who are members or supporters of the committee and which expends such funds either for the purpose of affecting the outcome of an election for any elected office or advocate the election or defeat of any particular candidate." Such chair or treasurer of each independent committee would be required to file the required disclosure reports with the Secretary of State. This has been referred to the House Committee on Rules.

HB 1637 – This bill was dropped by Reps. Borders, Harbin, Shaw, and Channell and amends the Tax Code concerning exemptions from state sales and use tax in order to allow for an exemption for the sale or use of certain prosthetic devices. This specifically adds new paragraphs at O.C.G.A. § 48-8-3(54) and (54.1).

HB 1640 – This is another form of a mandate for insurance coverage for the coverage of adult cancer clinical trials and one which is similar to SB 361. The bill creates a new Code section at O.C.G.A. § 33-24-59.9 and would require all health plans to cover approved clinical trials for the treatment of adult cancers for Phase II, Phase III, and IV clinical trials as approved by the National Institute of Health (the Senate bill also states that the trials, including Phase I, can be approved by the Food and Drug Administration). This bill also addresses concerns raised by the insurance industry about the coverage of routine patient care costs that are "medically necessary" which would otherwise be covered under the major medical accident and sickness insurance benefit plan, policy, or contract if such medically necessary costs were not incurred in connection with an approved clinical trial program for treatment of the adult’s cancer. The persons covered under the state’s health plan as outlined in Chapter 18 of Title 45 and Chapter 4 of Title 49 would also be affected by this legislation. The authors on this bill are Reps. Henson, Childers, Smith, Stuckey, and Orrock.

HR 1154 – Rep. Skipper introduced this Resolution to commend the first responders, emergency medical technicians, cardiac technicians, and paramedics in Georgia and to also observe the third annual Emergency Medical Services Recognition Day.

HR 1171 – This Resolution was introduced by Rep. Houston and others requesting the Department of Human Resources to devise and implement a plan to disseminate information concerning the Lifeline Assistance Program and Link-up Georgia for qualified telephone customers in order to ensure that such basic telephone connection and service remains affordable to all citizens of Georgia.

HR 1184 – The House has paid tribute to the passing of Celestine Sibley. This Resolution was introduced by House members Murphy, Buck, Coleman, Skipper, Walker, and others. Ms. Sibley was a news reporter who covered the Georgia legislature and politics for more than twenty years.

SB 425 – This bill has now made its way to the House. This was authored by Sens. Kemp, Brown, Ray and others and amends Title 10. Specifically, this bill revises the "Brokerage Relationships in Real Estate Transactions Act." There are revised and added definitions as well as changes in the duties owed by a broker to a client, customer, seller, buyer, tenant, or landlord. Further, there are changes to the disclosure provisions. It also adds a duty of keeping certain information confidential and changes provisions regarding a broker’s liability for providing false information. This bill has been forwarded to the House Committee on Industry.

SB 432 – Sen. Mike Polak introduced this bill amending Title 33 of the Code in order to provide for additional disclosures in managed care plans and preferred provider arrangements. These disclosures relate to physician fees and negotiations with such plans and arrangements. There are also provisions in the bill concerning appeals for denial of services. This bill has been forwarded to the House Health and Ecology Committee.

SR 87 – This is the Resolution designating the Hooks-Coleman Auditorium at the Capitol Education Center. This Resolution was introduced by Sens. Walker, Johnson, Ragan and others commending Sen. George Hooks and Rep. Terry Coleman on their work on the renovations at the Capitol. This has been referred to the House Committee on State Institutions and Property.

The House Health and Ecology Committee reported out SB 381 on February 29, 2000 which is the bill authored by Sens. Hill, Blitch, Madden and Ragan. This amends O.C.G.A. § 31-7-94.1 regarding the "Rural Hospital Authorities Assistance Act." Specifically, the bill outlines the purposes for which grants may be made to rural hospitals that meet the requirements in O.C.G.A. § 31-7-94.1(d). In this new subparagraph (e), the grants may be used for (1) infrastructure development without being limited to facility renovation or equipment acquisition – but such expenditures could not exceed the amounts that would constitute a new institutional health service which would require a CON to be issued by the Division of Health Planning and this grant category would require matching funds; (2) strategic planning including, without being limited to, strategies for personnel recruitment or retention, development of an emergency medical network or a collaborative and integrated healthcare delivery system with other healthcare providers (this grant would be conditional upon obtaining local matching funds – such as telemedicine, billing systems and medical records) and this grant could not exceed $200,000; (3) non-traditional healthcare delivery systems excluding any operational funds and purposes for grants as listed in (1) and (2) and these could not exceed more than $1.5 million; and (4) maintenance and operation expenses of hospitals facing potential closure, which funds shall be used in order to expedite the transition (including appropriate sizing and realignment of services for the hospital’s demand) and such grants in this category could not exceed more than $700,000.

The House Judiciary Committee reported out SB 315 on February 29, 2000 which is the bill amending Article 1 of Chapter 11 of Title 15 to be known as the "Terrell Peterson Act." This would allow a physician to take physical custody of a child when the physician has a "reasonable cause to believe that the child is in a circumstance or condition that presents an imminent danger to the child’s life or health as a result of suspected abuse or neglect and there is not sufficient time for a court order to be obtained under this article for temporary custody of the child before the child may be removed from the presence of the physician." Once the physician takes custody, the physician must: 1) make reasonable and diligent efforts to inform the parents or guardians or custodians of the child and the child’s whereabouts; 2) make a report of the suspected abuse or neglect (as outlined in O.C.G.A. § 19-7-5) and inform the child welfare agency designated by DHR to which such report is made that the child has been detained in temporary custody; and 3) not later than 24 hours after the child has been detained, A) contact the juvenile intake officer and inform that officer that the child is in imminent danger or B) contact a law enforcement officer who shall take the child into custody and promptly bring the child before a juvenile court intake officer as provided in either O.C.G.A. § 15-11-19 and § 15-11-21. If a child is admitted for inpatient treatment, he or she would be retained until medically ready for discharge. Once the hospital or institution states that the child is not eligible for inpatient admission or is medically ready for discharge, then the child would be placed in the custody of DHR which shall take custody within six hours of being notified. The bill also outlines provisions if the intake officer determines that the child is detained and the court orders that the child be detained in the legal custody of DHR. There are also provisions in the bill where, if after a detention hearing the child is not released, then the physician is required to file a petition, provided that the physician believes that the child’s life or health is in danger as a result of suspected abuse or neglect. Also, "any hospital or physician authorized and acting in good faith in accordance with acceptable medical practice in the treatment of a child under this Code section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action, pursuant to this Code section." The bill also amends and adds a new Code Section at O.C.G.A. § 15-11-15 concerning juvenile proceedings. This bill also has a Section 4 which states contingencies if HB 1112 is approved by the Governor and becomes law. HB 1112 reorganizes Articles 1, 2, and 4 of Chapter 11 of Title 15. If HB 1112 is signed into law, then the sections one and three of SB 315 would become effective

The Human Development Subcommittee of House Appropriations met this afternoon regarding the FY2001 Budget proposals. Rep. Sinkfield’s Subcommittee struggled with funding the various programs – their funding proposals were $62,115,657 exceeding the Governor’s proposals by almost $40,000,000. Programs for consideration on the list included AIDS medication funding, Court Appointed Special Advocates’ program, Georgia Council on Aging, the Georgia Poison Center, etc.

In the House Industrial Relations Committee, Rep. Beasley-Teague’s bill, SB 549, passed by Committee Substitute to increase the minimum wage from $3.25 to $5.15. Thus, this is now matching the federal government’s minimum wage per hour.

The General Assembly adjourned on Wednesday and will not reconvene until Friday, March 3, 2000.