Feb. 15, 2023
As the halfway mark of the 2023 legislative session nears, floor activity is picking up in the Georgia General Assembly. On Wednesday, each chamber took up several consequential measures. In the House, lawmakers approved legislation to preserve and grow credit recovery charter schools that serve students who have dropped out or are at risk of dropping out (HB 87) and require insurance coverage of biomarker testing (HB 85). The Senate signed off on bills that would extend the Georgia Smokefree Air Act to cover vaping (SB 47) and establish a state cause of action for unwanted telephone solicitations (SB 73). Afterward, committees continued to churn out DO PASS recommendations, which will provide plenty of bills and resolutions for potential floor consideration in the coming days. Keep tabs on what is moving and what is languishing in the #GoldDomeReport.
Each session, legislation is introduced that leaves lawmakers and lobbyists asking “is that really an issue that needs a legislative fix?” After all, solutions in search of problems are a staple under the Gold Dome. However, if there was any question that catalytic converter theft is a problem, the queries were answered by reports on Tuesday that the Oscar Mayer Weinermobile is the latest victim of a catalytic caper. But hot dog, the Georgia General Assembly is already cooking up solutions in HB 379 and SB 60, which criminalize the purchase and sale of used catalytic converters. We’ll see if legislators can roast this black market–auto owners will certainly relish the success.
Floor Action
The House took up the following measures on the floor on Legislative Day 19:
The Senate took up the following measures on the floor on Legislative Day 19:
House Appropriations Committee - Health Subcommittee
Chairman Darlene Taylor (R-Thomasville) led today’s meeting of the Subcommittee. The Subcommittee focused on the FY 2024 budget.
The meeting began with a presentation by Department of Community Health Commissioner Caylee Noggle. As a note, she mentioned that the department has a 10 percent staff turnover rate. Aged Blind and Disabled still has fewer members but more expenses. The Office of Health Strategy and Coordination is now an independent budget item after being moved from under the Department of Community Health (“DCH”). In the Aged Blind and Disabled program, the FY 2024 enrollment growth is 25 percent higher than pre-covid, and $79 million is needed to cover the growing costs. FMAP nets $373 million with funding. She also shared information on the Directed Payment Programs with the Subcommittee. Representative Carolyn Hugley (D-Columbus) expressed her concern was the recertification of Medicaid enrollees with the unwinding of the public health emergency, acknowledging that Department of Human Services will do the manual redetermination of these members. Continuous eligibility ends at the end of March, so redeterminations will be done over the next 12-14 months. Georgia Pathways to Coverage, limited Medicaid expansion, will be an option for some of those individuals who are no longer eligible under Medicaid. She also raised questions on the study on rates for mental health providers; Commissioner Noggle acknowledged it was now public and on the website. The Tobacco Settlement funding, according to Representative Ron Stephens (R-Savannah), also decreases significantly in FY 2024. Representative Mark Newton (R-Augusta) discussed the changes and how Medicaid eligibility works - the size of a household does determine eligibility. Representative Debbie Buckner (D-Columbus) inquired about the State Health Benefit Plan and inclusion of the noncertified employees - the payment is $945 to $1580 per member per month. Chairman Taylor asked about the department’s staffing. 608 FTEs now at DCH (used to be closer to 800). Healthcare Facilities Regulation has the most vacancies (generally nurses or certified to conduct surveys (e.g., nursing homes). The state is also in short supply of budget and accounting personnel. The move to the Twin Towers from the 2 Peachtree St. location is a positive per Commissioner Noggle and a recruiting tool. Fees collected were also discussed; those collected are sent to the state’s treasury.
Next, the Subcommittee heard from the Georgia Board of Health Care Workforce. Chet Bhasin, its director, spoke about the FY 2024 budget. This is administratively attached to the DCH. It is a 15-member board that includes a consumer member. Eight are on the staff; one vacancy should be filled March 1 (depending on the background check). Graduate Medical Education is under this agency’s overview for funding. 102 added residency slots are anticipated. $375,000 is also added for hospitals to apply for a grant to determine if they may have the infrastructure to implement a residency program. A loan repayment program for mental health professionals is also under this agency; the agency currently administers a loan repayment program for physicians. There is further discussion about supporting a loan repayment program for nurses. Representative Mark Newton (R-Augusta) asked about new GME programs, and there are new hospitals bringing those programs online. He asked if the federal government would take over the funding. There is a federal matching component much larger than the state funds. Representative Devan Seabaugh (R-Marietta) asked if those who get the loan repayments are staying in Georgia. They are obligated to stay in the county for one year where they made application.
The Georgia Department of Public Health presented to the Subcommittee. Commissioner Kathleen Toomey, MD, and Chief Financial Officer, Will Bell, outlined the governor’s recommendations. 4,000 staff work in county public health departments and also receive the $2,000 increases. $350,000 last year for ambulance repairs for McIntosh County, and the work was completed, so it is a reduction for the department. The governor also included an increase in the PrEP program (pre-exposure prophylaxis program for HIV). It is to help stop the transmission of HIV. A pilot program was implemented for areas that don’t have PrEP programs presently (they are lacking in rural Georgia). She also mentioned a bond for maintenance and repairs for the public health laboratories (in Atlanta and Waycross). $28 million was provided by the federal government but the grant does not cover everything - a total of $975,000. Chairman Taylor asked if other capital needs were not being met - Commissioner Toomey did not know of any. She remarked that her agency was also moving from 2 Peachtree St. to Twin Towers, again reducing the agency’s footprint by 50 percent. The workforce, particularly on the technical side, has been difficult (nurses, epidemiologists, etc.). Turnover has decreased from last year with the salary increases.140 DPH vacancies and another 310 vacancies in county health departments were also mentioned. She was also asked about fees; Commissioner Toomey indicated that the counties collect fees. The only state-level fee collected is for septic tank inspections, as DPH has authority over those. Those fees roll back into the program so that the staff is supported to make the inspections.
The Office of Health Strategy and Coordination made a presentation with its Director Grant Thomas and Deputy Director and General Counsel Elizabeth Holcomb outlining the agency’s budget. It is administratively attached to the Governor’s Office of Planning and Budget. HB 186 (2019) established the office to strengthen the infrastructure of health in the state. He talked about a number of the initiatives and their implementation. The Data Collection vendor was awarded in October 2022. APCD portal will be available in April 2023, and mandatory submission for payers will be June 1, with all payers onboarded in December 2024 (sooner than anticipated). APCD budget was shared with the Subcommittee (this will have a base of $800,000). Another project was the review of the State’s CMO contsracts and the office provided a report on that review (looking too at other states’ contracts) - administrative burdens, health equity initiatives, social determinants of health, etc. Emergency Transport Study has also been conducted over a six-week period for individuals in mental health crises. Some states use grant programs to assist law enforcement with transporting individuals (for instance, Tennessee and Virginia). HB 1013 also made a directive for the office to conduct a Preferred Drug List Study (there are four drug lists in Medicaid) - the focus was on a unified drug list across Medicaid. They also conducted a similar study for State Health Benefit Plan. per Thomas, there are advantages to having unified drug lists, but no rebate information was available to determine cost recommendations. Representative Ron Stephens (R-Savannah) asked about the standard drug list when no rebates could be obtained; Thomas agreed that DCH will have to use its information to complete the study based on its information (but they did look at member disruption as well as clinical studies). The Office did not look for the 340b plan drug information. Representative Carolyn Hugley (D-Columbus) asked about the CMO contracts - what is the number one recommendation the state has done. The State can also be more prescriptive - such as in care coordination and making that tiered. Other states have looked at social determinants of health (food access, lack of transportation, etc.). Representative Mark Newton (R-Augusta) added that it was an impressive amount of work and asked about the ability to access consultants, to which Thomas indicated that his Office had access. Further, Representative Newton asked about the APCD and its process for review. Representative Newton also asked about newer medicines and their availability for mental health treatment, looking at clinical differences. His concern is the front-end costs for those drugs (like a long-acting medicine), which could lessen hospitalization costs if they had access to these medicines. Chairman Taylor indicated that 340b also was an issue and that there needed to be some direction there.
The Georgia Trauma Commission, administratively attached to the Department of Public Health, was the last presenter. Liz Atkins made the presentation. The commission has a total of four staff. Super Speeder is the largest revenue generator and a small portion of the firework excise tax. HB 511 established the Georgia Trauma Trust Fund and also dedicates funding to the organization. The bulk of funds goes to EMS and trauma centers. The commission has seven committees, and each has a say in the funding. EMS has $3.7 million (AVLS where trucks are and includes WiFi for transmitting information to hospitals; education (licensure to get more EMTs and first responders); and 9-1-1 zone ambulances’ readiness funding through EMS equipment grants) and the remaining funds go to the trauma centers and burn centers (readiness funding and call pay). Call pay is a struggle for hospitals. There is uncompensated care provided, which is validated annually. Representative Lee Hawkins questioned AVLS system. Chairman Taylor was concerned about the elimination of ambulance services in rural areas. Trauma centers located south of Macon were queried - there are 33 trauma centers, including two burn centers in the state. The American College of Surgeons has done a review of trauma in the state. The final report from the American College of Surgeons will be out later in April. The Commission next meets on March 1 to determine which facilities are seeing trauma patients to help stand them up.
Senate Finance Committee
The Senate Finance Committee, chaired by Senator Chuck Hufstetler (R-Rome), was called to order late in the day for a hearing only on a couple of measures.
Senate Insurance and Labor Committee
Chairman Larry Walker, III (R-Perry) and his committee heard these bills:
Senate Health and Human Services Committee
We started with Tim McGraw’s “Humble and Kind.” Chairman Ben Watson, MD (R-Savannah) opened the meeting announcing five bills will be reviewed:
The next meeting of the Committee will be next Wednesday.
House Public Safety and Homeland Security Committee
The House Public Safety and Homeland Security Committee, chaired by J. Collins (R-Villa Rica), met to consider the following measures on Wednesday:
Representative Mainor presented the bill to the Committee, explaining that the bill would allow for the Atlanta University Center Consortium to establish a unified police force. It would not affect any USG or TCSG institutions or any other private institutions in Georgia. Representative Mainor explained that the bill passed the House and Senate last year but failed to get an agree to constitute final passage. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
Representative Wade presented the bill to the Committee, explaining that it is supported by numerous law enforcement and education advocacy groups who were involved in its crafting. Representative Jesse Petrea (R-Savannah) asked whether the intruder drills must be unannounced, to which Representative Wade said that districts would have local control in how they structure and conduct their drills. A representative of IDRA Georgia expressed concern about the bill as drafted, specifically the impact of unannounced drills on child development. A representative of the Georgia Youth Justice Coalition echoed IDRA’s position. Tracey Nance Pendley, 2020-21 Georgia Teacher of the Year, appeared to express concern over the school safety and anti-gang teacher training and certification provisions, expressing that teachers have enough on their plates and should not be charged with policing their students, as well. Representative Alan Powell (R-Hartwell) expressed support for unannounced drills to better prepare educators and students for a crisis. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
Representative Corbett presented the bill to the Committee, explaining that the grant program is aimed at helping tackle motor vehicle crimes like catalytic converter theft and grand theft auto. A representative of Enterprise Holdings, the largest rental car company in the world, testified in support of the bill. A speaker also testified to the substantial role of criminal street gangs in motor vehicle-related crime. The National Insurance Crime Bureau, Pull-a-Part, and a representative of the Chamblee Police Department also spoke in support of the legislation. No action was taken on the bill.
House Retirement Committee
The House Retirement Committee, chaired by Representative John Carson (R-Marietta), was called to order to discuss one measure.
House Judiciary Non-Civil - Hong Subcommittee
The Subcommittee began its characteristically thorough due diligence on three bills new bills.
House Ways & Means - Sales Tax Subcommittee
The Sales Tax Subcommittee, chaired by Representative Chuck Martin (R-Marietta), was called to order early this morning to hear several measures.
Justin Pauly with the Georgia Schools Board Association and Dante Handle with the Association of County Commissioners of Georgia expressed support for the measure. No committee action was taken.
House Ways & Means - Public Policy and Finance Subcommittee
The Subcommittee, chaired by Representative Ron Stephens (R-Savannah), was called to order.
Fay Fulton from the Georgia Academy of Family Physicians, Denise Kornegay from the Statewide Area Health Education Centers, and Margie Miller from Augusta University expressed support for the measure. No committee action was taken on this measure.
Clint Mueller from the Association of County Commissioners of Georgia expressed support for the measure. No committee action was taken on the measure.
Senate Higher Education Committee
The Senate Higher Education Committee, chaired by Senator Billy Hickman (R-Statesboro), met to consider the following bills on Wednesday:
Senator Parent presented the bill to the Committee, and Jennifer Ellis of All4Ed appeared in support of the legislation. The Committee is waiting to hear from the Georgia Student Finance Commission before acting on the bill, likely next Wednesday.
Senator Brass presented the bill to the Committee, explaining that the bill allows students to access technical instruction sooner and without the timing and credit hour limitations of the Dual Enrollment program. The Committee is also waiting to hear from the Georgia Student Finance Commission before acting on this bill, likely next Wednesday.
The following legislation of interest has been introduced in the House:
H.B.383 | Safer Hospitals Act; enact | Rep. Matt Reeves (R-099) | |
H.B.384 | Insurance; annual notification by insurers to male insureds of coverage for prostate-specific antigen tests; provide | Rep. Sharon Henderson (D-113) | |
H.B.386 | Motor vehicles; enforcement of operating a commercial motor vehicle upon a highway in violation of a local ordinance; provisions | Rep. Debra Bazemore (D-069) | |
H.B.387 | Crimes and offenses; codify proclamation that would grant a pardon regarding offense of simple possession of marijuana | Rep. Kimberly Alexander (D-066) | |
H.B.388 | Crimes and offenses; possession of certain quantities of marijuana constitute a misdemeanor; provide | Rep. Kimberly Alexander (D-066) | |
H.B.392 | Georgia Endowment for Teaching Professionals; create | Rep. Rick Jasperse (R-011) | |
H.B.399 | Commission for the Blind and the Visually Impaired; create | Rep. Kim Schofield (D-063) | |
H.B.400 | Retirement and pensions; decrease age of eligibility for retirement benefits for appellate court judges | Rep. Tyler Smith (R-018) | |
H.B.402 | Education; water safety education information to parents of students under 18 years of age and to students 18 years of age and older; provide | Rep. Scott Hilton (R-048) | |
H.B.404 | Safe at Home Act; enact | Rep. Kasey Carpenter (R-004) | |
H.B.405 | Mapillar Dahn Act; enact | Rep. Omari Crawford (D-084) | |
H.B.408 | Sales and use tax; exemption for competitive projects of regional significance; change sunset provision | Rep. Bruce Williamson (R-112) | |
H.B.411 | Labor and industrial relations; hiring process of applicant; prohibit employer from seeking salary history information | Rep. Debra Bazemore (D-069) | |
H.B.412 | Income tax; repeal a limitation on types of partnerships that may elect to pay income taxes at the entity level | Rep. Bruce Williamson (R-112) | |
H.B.414 | Mental health; grant program to aid service members, veterans, and their families; provide | Rep. Shaw Blackmon (R-146) | |
H.R.184 | Georgia's self-service gasoline station owners and operators; policies to better assist disabled or mobility-impaired individuals; urge | Rep. Kim Schofield (D-063) | |
H.R.191 | Georgia Hearing Day at the state capitol; February 15, 2023; recognize | Rep. Spencer Frye (D-122) | |
H.R.205 | National FCCLA Week; February 13 to 17, 2023; recognize | Rep. David Sampson (D-153) |
The following legislation of interest has been introduced in the Senate:
S.B.168 | Hospitals and Nursing Homes; chiropractic practice to have a lien on a cause of action accruing to an injured person; allow | Sen. Rick "Ricky" Williams (R-025) | |
S.B.169 | Public Schools; extension of hearing dates for student discipline tribunals; provide for limits | Sen. Chuck Payne (R-054) | |
S.B.170 | "Students and Teachers SPEAK Act"; enact | Sen. John Albers (R-056) | |
S.B.171 | Development Authorities; the length of a director's hold-over period following expiration of term of office; limit | Sen. Max Burns (R-023) | |
S.B.172 | State Government; regulation and taxation of sports betting in this state; authorize and provide | Sen. Bill Cowsert (R-046) | |
S.B.173 | Emergency Medical Services; hospital authorities may transfer its ambulance service license to its local governing body; provide | Sen. Ben Watson (R-001) | |
S.B.174 | "Georgia Lottery for Education Act"; administrative procedures and actions; bona fide coin operated amusement machines shall be subject to Chapter 13 of Title 50; provide | Sen. Clint Dixon (R-045) | |
S.B.175 | Searches with Warrants; additional requirements for the issuance and execution of search warrants and no-knock warrants; provide | Sen. Sonya Halpern (D-039) | |
S.B.176 | Inspection of Public Records; the personal phone numbers, personal or governmental issued cell phone numbers, and home addresses; protect | Sen. Jason Esteves (D-006) | |
S.B.179 | Electors; restrictions of voting rights for judicially incompetent persons; provide | Sen. Josh McLaurin (D-014) | |
S.B.180 | "Georgia Religious Freedom Restoration Act"; enact | Sen. Ed Setzler (R-037) | |
S.B.182 | Stalking; the offense of doxxing; provide | Sen. Sonya Halpern (D-039) | |
S.R.136 | Right to Reproductive Freedom; provide -CA | Sen. Gloria Butler (D-055) | |
S.R.140 | Georgia General Assembly; general law for sports betting in this state; provide- CA | Sen. Bill Cowsert (R-046) | |
S.R.144 | Senate Expanding Early Childhood Education Study Committee; create | Sen. Jason Esteves (D-006) | |
S.R.148 | Right to Register and Vote; conviction of a felony involving moral turpitude; remove as an exception -CA | Sen. Josh McLaurin (D-014) |
The General Assembly will reconvene for Legislative Day 20 on Thursday, February 16. The Senate will come to order at 10:00 a.m., and the House will gavel in at 1:00 p.m.
The House is expected to consider the following measures on Legislative Day 20:
The Senate is expected to consider the following measures on Legislative Day 20:
These materials have been prepared for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.