Feb. 28, 2025
Young love on the North Steps of the Georgia State Capitol on Friday.
Amidst the usual suits and blazers, white dresses and tuxedos have been appearing with increasing frequency around the Georgia State Capitol this spring. Apparently word is out amongst the city’s photographers that the hallowed halls of Georgia’s state government also look pretty good in wedding portraits. In addition to marble staircases and grandiose paintings in their backgrounds, the luckiest couples may also get to have unwitting lawmakers, lobbyists, and school children in their keepsake albums. And that’s fitting, because we cannot think of anything more romantic than the legislative process. Congratulations, and best wishes!
The General Assembly wrapped up the week before Crossover Day on Friday, and while most legislators made for the door by lunchtime, the hardest working state senators convened for several committee meetings before calling it a week. Senate legislation must pass out of committee before the legislature convenes on Monday in order to make the Legislative Day 28 deadline. Details on Friday’s actions in this #GoldDomeReport.
The House took up the following measures on Legislative Day 25:
The Senate took up the following measures on Legislative Day 25:
Senate Insurance and Labor Committee - Subcommittee on SB 60
In a meeting before the sun peeked over the horizon, the Senate Insurance and Labor Committee’s Subcommittee on SB 60, chaired by Senator Randy Robertson (R-Cataula), convened to discuss this measure:
The following testimony was provided:
Sara Bahlog, PHARMA (the trade association of brand manufacturers), expressed this was leveling the playing field to all stakeholders, including PBMs, and their duty of care. PBMs are a huge stakeholder in the healthcare ecosystem. Each has a duty of care - including her members. Robertson noted the issues around the duty of care which may have been forgotten, citing recent actions taken against insurance executives and others. PHARMA supported the legislation.The PBM signs a contract with the insurer. PBMs are often vertically integrated entities, steering the pharmacy business to their pharmacies. There are no requirements for PBMs to share rebates (which are provided by manufacturers of the medications). What is the advantage of giving a rebate to the PBM? That is proprietary information per Ms. Bahlog. The goal is to get the medications on formularies and help patients. Health plans and patients often do not know about the conflicts of interest that PBMs may have. Other states in her region are not promoting such legislation, but the idea of duty of care has been discussed in other states (she is giving more information to the Chairman on this). It is model language which PHARMA’s legal team has worked on. PHARMA’s members have a duty to provide medication which is safe and effective - Senator Mike Hodges (R-Brunswick) drilled on whether that duty was to provide medications as cost effective as possible. Rebates are a part of the negotiation process. The legislation does not touch PSAOs (Pharmacy Services Administrative Organizations).
Kash Trivedi and Michael Power, with PCMA, spoke to the legislation. PBMs do have a duty of care to the plan sponsors to administer the drug benefit — to apply the duty further is another layer. Power argued that some of this already exists. Spread pricing is defined in the legislation but not used in the legislation. Spread pricing is a “fixed fee” for providing drug benefit. Virginia has also had similar legislation, but it did not make it out of committee. PBMs do negotiate on rebates. PBMs use buying power as they cover more than 270 million people. 98-99% of rebates go back to the plan sponsor so they can smooth premiums, point-of-sale option, or other healthy benefit for the insureds (like the benefits offered by the State Health Benefit Plan to its members). There are other laws now in Georgia on PBMs which do require reports back to the Department of Insurance (that law passed in 2020). There are fees which do exist (like data fee) that PBMs charge. Most plans are fee-for-service and have moved away from spread pricing in contracting (if used, generally smaller employers with less than 1,000 employees). 70 full service PBMs are in the United States. Only a few have a health plan, PBM and pharmacy (or are vertically integrated). There should be an ERISA exemption in the legislation. The concern too is the legislation is attempting to regulate private business. Lines 185-192, and 198 discuss various duties which PCMA believes are in conflict. The definition of “pharmacy benefits management services” is broad, sounding like anyone who touches a drug is a PBM. Lines 208-209, when a person is aggrieved can bring an action, Mr. Power believes that anyone could bring a cause of action because of the definition of pharmacy benefits services. Mr. Power noted that he had not met with the author of the legislation. Senator Hodges asked what the duty of care should be of the PBM - it is to save money for the plan sponsor according to Mr. Power (to negotiate prices).
Collier Williams, a volunteer with the National MS Society, spoke in favor of the bill. He argued that MS patients need access to medications as they serve as a lifeline to those individuals. The MS Society seeks transparency and accountability.
Senator Chuck Hufstetler (R-Rome) argued in his closing that everyone is “in it for the money.” ERISA plans are a red herring; states cannot regulate ERISA plans.
This meeting was hearing only; no action was taken on SB 60 on Friday.
House Higher Education Committee
The House Higher Education Committee, chaired by Representative Chuck Martin (R-Alpharetta), met at 8:00 AM on Friday morning for a quick meeting to hear two bills for the first time:
Senate Regulated Industries and Utilities Committee
After completing floor actions, the Regulated Industries and Utilities Committee took up the following measures:
Senator Albers asked that the Committee take no action on the bill and keep it for further consideration next year. He asked that the bill’s proponents work with opponents during the offseason to allow Georgia to become the last state to allow this activity.
Senator Jackson presented the bill to the Committee, emphasizing that it only allows international medical school graduates to practice where there is actual need. It has several levels of licensure along a four-year pathway to practice and provides the Composite Medical Board with latitude to make additional rules to implement the program. Senator Frank Ginn (R-Danielsville) expressed concern about the potential language barriers, to which Senator Jackson noted that there are several safeguards to ensure program participants can communicate with patients. Senator John Albers (R-Alpharetta) asked whether Senator Jackson would be willing to work with the Composite Medical Board in the offseason to perfect the bill, noting that he had a list of amendments that were proposed by the Board. Senator Jackson said she had endeavored to work in good faith with the Board, but the Board also has to come to the table. A representative of the Board explained that they first started working on this bill on January 3, and the Board still has concerns with the Substitute under consideration. She outlined a number of the concerns, including a desire that international medical school graduates spend the first two years working in a teaching institution and time out of practice. Chairman Cowsert withheld action on the bill but asked the Board to work with Senator Jackson to try to resolve concerns, and
Senator Hufstetler presented the bill to the committee, explaining that it is aimed at allowing citizens to distill small amounts of spirits at home. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
Senator Anavitarte asked that the committee hold action on the bill.
Senator Still presented the bill alongside Patty Glenn, Director of Education and Professional Mobility for the Federation of State Massage Therapy Boards, noting that raising the number of hours brings Georgia up to a national standard and helps fight human trafficking. Ms. Glenn also noted that increasing the minimum hours would allow Georgia trainees to continue to access Pell Grants if a pending U.S. Department of Education rule becomes final. Senator Greg Dolezal (R-Cumming) asked if this bill is about making more money for massage training programs, to which Ms. Glenn said it is about training and competence and the increased hour requirement will be required for participation in the interstate compact. The committee recommended the bill DO PASS and be sent to the Rules Committee.
Senator Anavitarte presented the bill to the committee, noting that it is aimed at restricting the distribution of hemp beverages coming in from out of state. Senator Carden Summers (R-Cordele) expressed concern that the bill regulates something that doesn’t need regulating. There were several speakers on the bill, but no action was taken.
Senator Walker presented the bill to the committee, explaining that the bill recognizes that more people are choosing to be cremated and more individuals wishing to be funeral directors without becoming embalmers. The bill essentially creates two different types of licensure for funeral directors and funeral directors who are embalmers. Scott Young of Service Corporation International, the largest owner of funeral homes in Georgia, spoke in favor of the legislation. Cy Hume of A.S. Turner and Sons also supported the bill, noting that 72% of the funerals in his Atlanta facilities are cremations. The committee recommended the bill DO PASS and be sent to the Rules Committee.
Senator Cowsert presented the bill to the committee, explaining that it is intended to add back certain reporting requirements removed in the final version of SB 422 passed last year. The reporting requirements only apply to Gas South, which is a wholly-owned subsidiary of Cobb EMC. Both Georgia EMC and Gas South testified that they agreed with the bill’s language. Oglethorpe Power has a neutral stance on the bill. The committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.
Senate Children and Families Committee
Chairman Kay Kirkpatrick, MD (R-Marietta) hosted an afternoon meeting with two measures on her agenda.
There was public testimony from several individuals. An attorney who handles these cases stated that no second opinion is allowed in these instances as a child is immediately taken into care. Thus, DFCS can be asked for access to the child but not physical access to the child. Otherwise, they go to the courts which delays the process. The longest case was three years for one family, expending $100,000 on the cases.
Colleen Puckett expressed her personal story — it was because of medical abuse. Her children were diagnosed without consultation of her, her husband, a psychological examination, or discussions with their family physician, etc. Her children were taken into care; they were not reunified for 13 months. They now have a life-long trauma especially going to medical appointments.
Bailey Collins, mother of Ridge, shared her story that Senator Brass had referenced. It took a year to prove their innocence after being wrongly accused. During that time, they were separated from their son, who was only a few weeks old when he was taken from his parents. It was finally determined that Ridge had a rare medical condition, not shaken baby syndrome.
Kelly Lopez also testified about a hardship her family experienced. If they had a second opinion their experience could have been avoided. Her family was separated for 20 months and fought five years to clear their names.
An amendment was offered by Senator Bo Hatchett (R-Cornelia) to name the measure Ridge’s Law. The author agreed to the amendment and it was unanimously adopted. The bill received a DO PASS recommendation to LC 52 0281 S, as amended, without opposition, as Ridge’s mother Bailey looked on through tears of joy.
Senate Veterans and Homeland Security Committee
Chairman Chuck Payne (R-Dalton) and the Veterans and Homeland Security Committee took up the following measures:
Former DOD Liaison and now Military Family Liaison supported the legislation. Georgia school systems read the law differently, and this is an effort to clarify the law on enrolling military personnel children. Senator McLaurin suggested the change of “physically reside”
Ed Anderson, Georgia Common Defense, spoke in favor of the legislation. The issue of residency is paramount, but as an educator and parent, he experienced lapses in education with his children because of residency.
Senator Ed Harbison (D-Columbus) mentioned the federal law concerning military children and educating them.
A motion was made DO PASS; and the Senator McLaurin amendment (with four parts - line 22, replace establish residency with physically reside; line 24 establish a residency with physically resides; line 25 physical residency and line 27 add before residency. The Amendment was adopted. The legislation received a DO PASS by Committee Substitute.
The following new legislation of interest has been introduced in the House:
H.B.657 |
Mental health; qualifications of recovery community organizations for substance use; provide |
Rep. Leesa Hagan (R-156) |
|
H.B.658 |
Insurance; certain consumer protections contingent upon repeal of Patient Protection and Affordable Care Act; provide |
Rep. Scott Holcomb (D-101) |
|
H.B.659 |
Health; rural assistance; expand medical education funding and the service cancelable loan program to include optometrists |
Rep. Gerald Greene (R-154) |
|
H.B.660 |
State government; prohibit coverage of expenses for any transition related intervention under state health benefit plan or with any state funds |
Rep. Brent Cox (R-028) |
|
H.B.662 |
Health; rural hospital organization; revise definition |
Rep. Angie O'Steen (R-169) |
|
H.B.665 |
Health; transfer all authorities and responsibilities relating to environmental health from county boards of health to Department of Public Health |
Rep. Derrick McCollum (R-030) |
|
H.B.669 |
Quality Basic Education Act; award of low-wealth capital outlay grants to qualifying local school systems that award certain contracts for roofing improvements to suppliers that meet certain criteria; provide |
Rep. Steven Meeks (R-178) |
|
H.B.671 |
Torts; right of action against any person who knowingly or negligently engages in sexually explicit conduct in the presence of a minor; provide |
Rep. Carmen Rice (R-139) |
|
H.B.672 |
Georgia Dignity in Pregnancy and Childbirth Act; enact |
Rep. Park Cannon (D-058) |
|
H.B.673 |
Criminal procedure; limitations on bars to first offender treatment for certain minor offenders adjudicated as adults; provide |
Rep. Marvin Lim (D-098) |
|
H.B.674 |
State Board of Education; adopt content standards for instruction in financial literacy and money management for grades four and five |
Rep. Miriam Paris (D-142) |
|
H.B.677 |
Health; certain placement procedures for children upon discharge from a hospital or psychiatric residential treatment facility; provide |
Rep. Katie Dempsey (R-013) |
|
H.B.678 |
Local government; authorities with less than state-wide jurisdiction shall have the same sovereign immunities as provided to counties; provide |
Rep. Scott Hilton (R-048) |
|
H.B.681 |
Domestic relations; sealing of name change petitions upon request; provide |
Rep. Jasmine Clark (D-108) |
|
H.R.426 |
General Assembly; support creation of a Black Maternal Health Caucus; urge |
Rep. Kim Schofield (D-063) |
|
H.R.428 |
House Study Committee on the Affordability and Accessibility of Georgia's Legitimation Process; create |
Rep. Tremaine "Teddy" Reese (D-140) |
The following new legislation of interest has been introduced in the Senate:
S.B.295 |
State Board of Education; local school systems to maintain and publish a registry of all contracts worth more than $10,000.00; require |
Sen. Jason Anavitarte (R-031) |
|
S.B.296 |
Uniform Rules of the Road; operation of a school bus while under the influence of alcohol or drugs; establish the offense |
Sen. Jason Anavitarte (R-031) |
|
S.B.297 |
Sales and Use Taxes; certain menstrual discharge collection devices; create an exemption |
Sen. Randy Robertson (R-029) |
|
S.B.298 |
Judgements and Rulings; certain appellate procedures regarding the denial of sovereign and any other immunity available to the state; provide |
Sen. Randy Robertson (R-029) |
|
S.B.300 |
"Student Teacher Promotion Act"; enact |
Sen. Emanuel Jones (D-010) |
|
S.B.307 |
Physicians, Assistants; continuing education requirements for all physicians to include one hour on maternal health; provide |
Sen. Nabilah Parkes (D-007) |
|
S.B.308 |
Medical Assistance; Medicaid coverage of postpartum maternal mental health care services; provide |
Sen. Nabilah Parkes (D-007) |
|
S.B.309 |
Education; repeal Chapter 2B |
Sen. Randal Mangham (D-055) |
|
S.R.292 |
Senate Special Committee on Investigations; investigate additional matters; to authorize the use of compulsory process to secure the attendance of witnesses; authorize |
Sen. Bill Cowsert (R-046) |
|
S.R.309 |
Sales or Income Tax Credit; any bill proposing to receive a two-thirds' vote of the membership of each house of the General Assembly in order to become law; require -CA |
Sen. Blake Tillery (R-019) |
The General Assembly will reconvene for Legislative Day 26 on Monday, March 3. The House convenes at 10 a.m., and the Senate will gavel in at 1 p.m.
The House is expected to consider the following on Legislative Day 26:
The Senate is expected to consider the following on Legislative Day 26:
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