2022 Legislative Insider: 2.25.22
GDA 2022 Legislative Insider 2.25.22
Greetings from the Gold Dome! The 2022 session of the Georgia General Assembly is well underway. In fact, it is hard to believe that we are already on Legislative Day 20. Inside the Capitol building the legislature is still wrestling with the impact of COVID-19. Masks are required for members of the House of Representatives within all House controlled spaces; the Page program remains suspended, and the rope lines are not available except for a small area outside of the Senate chamber. General Assembly members and their staff continue to be tested for COVID-19 twice a week. It is for all of these reasons that last week the GDA Leadership, upon the recommendation of the GDA Government Affairs Committee, made the difficult decision to cancel the remaining LAW Days for the 2022 legislative session. The remaining dates being cancelled are:
- Wednesday, March 2: Northwestern
- Thursday, March 10: Southeastern, GA Dental Society
- Wednesday, March 16: Dentists from Any District, Other Dental Specialties, Students
During the initial weeks of the session, the General Assembly has been focusing on approving and adopting the amended FY2021-2022 budget, which is a fairly easy task given the state’s current budget environment. Thankfully, there were no changes to funding for critical GDA-sponsored initiatives in the House’s version, and at this time no changes are anticipated in the Senate’s version of the amended FY2021-2022 budget (e.g., Rural Dental Student Loan Repayment Program, dental Medicaid fee increases, GDA Donated Dental Services Program). Work on the FY2022-2023 budget has begun in the House, and the GDA Government Affairs team will continue to advocate for Medicaid fee increases for select dental codes and protect current funding levels for the aforementioned programs.
As you are all aware, this past fall the General Assembly held its decennial redistricting special session reapportioning the states electoral maps for federal and state legislative offices. One of the redistricting issues not resolved during the fall special session, and being accomplished now, is the reapportionment of local government districts, such as Boards of Commissioners and Education within individual counties. This is done utilizing “local legislation,” which traditionally would require the consent of all members of that geographic delegation. This year that norm has been abandoned as the Republicans, who control the legislature, are attempting to influence local politics with local maps more favorable to the GOP. As you can imagine, this break from the traditional way of doing things has led to some vitriolic committee hearings and time-consuming presentations from the floor.
The local electoral maps mentioned above must be completed quickly because 2022 has a lot in store for us all politically. While we will not know who the official candidates for the public offices in November will be until the campaign qualifying season is over in early March, we do know that there will be more races for open seats than have occurred in many years. This is due not only to legislators resigning to run for higher office, but also due to legislators retiring from political life. The latter list of legislators is growing weekly, now up to over nineteen members. Few will be missed on that list more than House Appropriations Chairman Terry England, a long-time friend of the GDA, who announced his intention to not seek another.
However, for those running for higher office, the campaign season has already begun beneath the Gold Dome. Plenty of “red meat” legislative ideas are being put forth by these candidates, as well as by their friends who sit beside them in the legislature. Some of these legislative ideas have little chance to succeed, such as the abolition of the state income tax or the initiative to carve the “City of Buckhead” from the existing boundaries of the City of Atlanta. But many of the ideas being put forth have more than a solid chance of passage, such as the carrying of concealed weapons without a permit, and the creation of new cities in unincorporated areas of Democratic controlled counties, such as Cobb, that are occupied by likely Republican voters. Another key issue relates to efforts surrounding education, and the state’s attempts to regulate the content of Georgia’s public school system curriculum like never before.
Aside from all the chaos and partisan politics, there is one area where the Republicans and Democrats seem to agree, and that would be in support of a sweeping (over seventy-page), bi-partisan bill addressing mental health access and parity in Georgia. This bill, sponsored by House Speaker David Ralston, was given its first hearing this week and all signs would indicate passage in the House. It is to be determined what ideas the Senate may have for the legislation.
As a reminder Georgia is in year two of a two-year session. Any bill that failed to pass last year and was not voted down remains live for consideration this session, those bills are indicated by (2021) after their relevant bill number. Below is a list of bills we are tracking that impact, or have the potential to impact, GDA members:
HB 147 (2021): Professions and Businesses; individuals who move to the state and establish residency to obtain a license by endorsement to practice certain professions and occupations in this state; provide
SPONSORS: Reps. Heath Clark (R); Rick Jasperse (R); Bruce Williamson (R); Dale Washburn (R); Chuck Martin (R); Wes Cantrell (R)
SUMMARY: This bill and SB 45 began the 2021 session as identical bills. The bill would require all professional licensing boards in this state to issue a licensure by endorsement to any individual who establishes residency in GA and has substantially similar education, training, and examination as a Georgia licensed professional. SB 45 has moved and been amended, but this bill has not moved since its introduction.
STATUS: HB 147 has been introduced and assigned to the House Regulated Industries Committee.
HB 217 (2021): Community Health, Department of; annual quality and payment reporting for health care plans and programs administered; provide
SPONSORS: Reps. Mary Robichaux (D); Debra Bazemore (D); Regina Lewis-Ward (D); Kim Schofield (D); Derrick Jackson (D); CaMia Hopson (D)
SUMMARY: This bill would establish an adult dental and vision Medicaid benefit in Georgia.
STATUS: HB 217 has been introduced and assigned to the House Health & Human Services Committee.
HB 448 (2021): Social services; all contracts for health care coverage or services under Medicaid and PeachCare for Kids Program contain provisions relating to disclosure of cost related data; require
SPONSORS: Reps. David Knight (R); Matt Hatchett (R); Terry England (R); Mark Newton (R)
SUMMARY: This bill seeks to establish transparency in the agreements and data associated with the state’s relationships with the CMOs and any subcontracted entities.
STATUS: HB 448 has been introduced and assigned to the House Special Committee on Access to Quality Health Care.
HB 474 (2021): Controlled substances; provide for concurrent prescribing of an opioid antagonist with opioids under certain circumstances
SPONSORS: Reps. Sharon Cooper (R); Karla Drenner (D); Rick Jasperse (R); Lynn Smith (R)
SUMMARY: This bill would require a prescriber of any opioids greater or equal to 50 MME to also prescribe naloxone for the patient.
STATUS: HB 474 has been introduced and assigned to the House Health and Human Services Committee.
HB 811 (2021): Professions and businesses; licensure and regulation of medical imaging and radiation therapy professionals; provide
SPONSORS: Rep. Sharon Cooper (R)
SUMMARY: This bill would provide for the licensure and regulation of medical imaging and radiation therapy professionals and create the Georgia Medical Imaging and Radiation Therapy Board which would provide for licensure requirements, scope of practice for medical imaging and radiation therapy, for permits to limit the scope of practice, as well as provide for renewals and reinstatements, fees, sanctions, and penalties. As currently drafted, the new licensure requirements would not apply to a dentist “performing medical imaging” or to licensed dental hygienists and dental assistants.
STATUS: HB 811 has been introduced and assigned to the House Health and Human Services Committee.
HB 832: Health; revise definitions; furnishing of copies of health records; provisions
SPONSORS: Reps. James Burchett (R); Stan Gunter (R); Rob Leverett (R); Trey Kelley (R)
SUMMARY: This bill regards health records and would allow an “authorized person” to have access to a patient’s health records whether the patient is alive or deceased. Included in that definition would be attorneys as party to a trial. This bill would mandate the preservation of the “metadata” embedded in a file be preserved, as well as adding “medical bills for healthcare services” as part of the information to be included in a health record. The bill would require anyone subject to the code section, including dentists, to produce the records within a narrow timeframe when requested by an authorized person and provides a fee structure for non-compliance. This bill would also require ANY provider who creates a record on or after 1 JAN 2022 to create, maintain, transmit, receive, and store records to utilize an electronic format. Moreover, unless specifically requested in paper form, all requested records must be provided electronically unless not possible.
STATUS: HB 832 has been introduced and has been assigned to the House Health & Human Services Committee.
HB884: Professions and businesses; expedited licenses for military spouses; provisions
SPONSORS: Dave Belton (R); Bill Hitchens (R); Josh Bonner (R); Scott Holcomb (R); Randy Nix (R)
SUMMARY: This bill would allow for fewer qualifications for expedited licensure of military spouses by endorsement under a framework passed by the General Assembly in 2020. The seeks to bill eliminate language which requires a current license holder from another state to not have training, experience, and testing substantially similar in qualifications and scope to the requirements in Georgia, as well as the removal of any exam demonstrating knowledge of the laws and rules and regulations of this state specific to the practice of the profession, business, or trade for which such expedited license by endorsement is being sought.
STATUS: HB 884 has been introduced and has been assigned to the House Regulated Industries Committee.
HB 1038: Income tax; creates a new tax credit for rural healthcare providers and limits eligibility for the rural physician tax credit to physicians who qualify on or before December 31, 2022
SPONSORS: Reps. Sharon Cooper (R); Rick Jasperse (R); John Corbett (R); Sam Watson (R); Terry England (R)
SUMMARY: This extends the sunset on the rural physician tax credit for those physicians qualifying prior to December 31, 2022 and bill creates a new tax credit for rural physicians, dentists, nurse practitioners, and physician assistants for up to $5,000 for up to 5 years.
STATUS: HB 1038 has been introduced and assigned to the House Ways & Means Committee.
HB 1219: Georgia Board of Dentistry; revise composition
SPONSORS: Reps. Penny Houston (R); Rick Jasperse (R); Butch Parrish (R); Jan Tankersley (R); Mark Newton (R)
SUMMARY: As introduced this bill would expand the Georgia Board of Dentistry from eleven to seventeen members, with the new composition to include thirteen dentists, one registered dental hygienist, two "resident" members, and one member having a background in GA dental student education to be selected by the Board of Regents. This bill was drafted by the Governor’s office and is strongly supported by House Health and Human Service Chairwoman Sharon Cooper. The bill passed the House Health and Human Services Committee this week by committee substitute. The new language included in the substitute bill would make the new composition of the Board of Dentistry seventeen members, to include thirteen dentists, two registered dental hygienists, one "resident" member, and one member having a background in GA dental student education to be selected by the Board of Regents.
STATUS: HB 1219 was assigned to, and passed, the House Health & Human Services Committee by substitute. The bill now rests in the House Rules Committee.
HB 1276: Community Health, Department of; statistical reports data relating to state health plans be posted on department website; require
SPONSORS: Reps. Lee Hawkins (R); Karen Bennett (R); Penny Houston (R); Terry England (R); Butch Parrish (R); Darlene Taylor (R)
SUMMARY: On or after July 1, 2022 to the Department of Community Health shall post in a prominent location on the department website statistical reports containing data relating to the state health plans administered by the Department. Such reports shall be updated and posted no less than biannually and shall contain, but shall not be limited to, the following metrics: (1) The number of, type of, and changes in enrolled providers; (2) County-level data on primary care providers enrolled per 1,000 people and indicating which counties fall below defined benchmarks; (3) Data on hospital utilization and costs, including but not limited to, the number of inpatient admissions, average length of stay, readmission rate, emergency department utilization information, including diagnosis and non-emergent utilization, and amounts paid per facility, including plan paid amounts or net payment per admission; (4) Membership or beneficiary enrollment data including demographic and population based reporting on common disease states; (5) Data on prescription drug spending, including data on aggregate payment amounts for the ten most frequently prescribed medications and the ten most costly medications, as well as historical data related to the volume and cost of such medications, whether brand name drug or generic brand drug utilization, and costs net of rebates; (6) Financial results by aid category or plan group, as applicable, including per-member per-month cost figures for low-income Medicaid, PeachCare for Kids, and fee-for-service program categories; and (7) Long-term care data, including waiver services participation and net payments by category of service.
STATUS: HB 1276 has passed the House and awaits committee assignment in the Senate
HB 1321/SB 500: Commerce; litigation bar on governmental entities regarding certain statewide opioid litigation; provide
SPONSORS: Reps. James Burchett (R); Katie Dempsey (R); Bill Hitchens (R); Stacey Evans (D); Matthew Wilson (D)//Sens: Brian Strickland (R); Larry Walker III (R); John Kennedy (R); Bill Cowsert (R); Harold Jones II (D); Michael ‘Doc’ Rhett (D)
SUMMARY: These bills are being brought by Attorney General Chris Carr. If one of these identical pieces of legislation is signed into law, Georgia will receive roughly $636,000,000 for opioid treatment and abatement purposes. This would be part of a large opioid settlement as the result of a lawsuit onto which the State of Georgia has joined. The GDA has signed onto a letter of support for these pieces of legislation at the request of the request of the Attorney General's office as part of the GDA’s participation in the Attorney General's Statewide Opioid Task Force.
STATUS: HB 1321 has been introduced and passed by the House Judiciary Committee//SB500 has been introduced and has been assigned to the Senate Judiciary Committee.
HB 1339: State employees' health benefit plans; cover medically necessary care and treatment of head and neck conditions; mandate
SPONSORS: Reps. Rebecca Mitchell (D); Mary Robichaux (D); Kim Schofield (D); Sandra Scott (D); Matthew Wilson (D); Jasmine Clark (D)
SUMMARY: This bill would mandate that the State Health Benefit Plan, which covers state and public employees, their dependents, and state retirees, provide coverage for 'Head and neck conditions' which would mean conditions, disorders, and injuries to the head and neck, including: cleft lip; cleft palate; congenital defects; craniofacial anomalies; developmental deformities; head and neck cancers; head and neck conditions resulting from cancer treatment; head and neck injuries; limitations in mobility; sinus pain and disorders; and thyroid conditions and disorders. The care and treatment mandated to cover the aforementioned conditions would include oral and maxillofacial surgery, surgical management, and follow-up care, as well as prosthetic, orthodontic, and prosthodontic treatment and management among other non-dental procedures.
STATUS: HB 1339 has been introduced and assigned to the House Insurance Committee.
HB 1371: Rural Health Advancement Commission; create
SPONSORS: Reps. Rick Jasperse (R); Sam Watson (R); John Corbett (R); Terry England (R); Joe Campell (R)
SUMMARY: This bill provides for the creation of the Rural Health Advancement Commission shall be to develop private-sector solutions to address short-term and long-term health care and long-term care workforce shortages, with an emphasis on rural areas. The commission shall bring together all relevant stakeholders to explore and develop such private-sector solutions, such as collaboration between educational institutions and health care facilities, to address the workforce shortages. The composition of the Commission shall be 13 total members from the public and private sector appointed by the Speaker of the House and the Lieutenant Governor. One of the members to be appointed by the Lieutenant Governor must be a dentist.
STATUS: HB 1371 has been introduced and assigned to the House Special Committee On Access to Quality Health Care.
SB 45 (2021): Professions and Businesses; individuals who move to the state and establish residency to obtain a license by endorsement to practice certain professions and occupations in this state; provide
SPONSORS: Sens. Bruce Thompson (R); John Albers (R); Steve Gooch (R); Jeff Mullis (R); Brandon Beach (R); Bill Cowsert (R); Chuck Payne (R); Jason Anavitarte (R); Mike Dugan (R); Marty Harbin (R); Billy Hickman (R); Sheila McNeill (R)
SUMMARY: This bill and HB 147 held identical language upon introduction. This bill would require all professional licensing boards in this state to issue a licensure by endorsement to any individual who establishes residency in GA and has substantially similar education, training, and examination as a Georgia licensed professional. SB 45 was amended so that the requirements do not apply to the Board of Dentistry and Composite Medical Board.
STATUS: SB 45 has passed the Senate and has been assigned to House Regulated Industries.
SB 352: Professions; issuance of expedited licenses by endorsement for certain licenses to spouses of firefighters, healthcare providers, and law enforcement officers who relocate to the State of Georgia; provide
SPONSORS: Sens. Bruce Thompson (R); John Albers (R); Chuck Hufstetler (R); Mike Dugan (R); Sheila McNeill (R); Jeff Mullis (R); Dean Burke (R); Matt Brass (R); Marty Harbin (R); Billy Hickman (R)
SUMMARY: This bill would allow for the spouses of persons who are licensed as a firefighter, police officer, and/or a healthcare worker, to include dentists, in another state who move to Georgia and gain employment in those professions to have their spouses receive expedited licenses provided their spouses are not a firefighter, police officer, and/or healthcare worker. As drafted, this bill would not allow for licensure of a dentist by endorsement in Georgia.
STATUS: SB352 has passed the Senate Regulated Industries & Utilities Committee, the full Senate, and has been assigned to the House Regulated Industries Committee.
SB 540: Insurance; coverage of dental care provided by means of teledentistry; provide
SPONSORS: Sens. Donzella James (D); Valencia Seay (D);
SUMMARY: This bill is being brought at the request of the Georgia Dental Hygienists' Association. This bill amends the General Provisions of the Insurance Code by adding a new Code section 33-24-56.6 that Teledentistry services shall be covered by insurers, and that the insurer shall not exclude coverage solely because it is provided through Teledentistry. Furthermore, this bill amends the Dental Practice Act by adding a new Code section 43-11-54 which would authorize the use of Teledentistry in Georgia in a manner inconsistent with the current practice of dentistry within the state.
STATUS: SB 540 has been introduced and assigned to the Senate Health and Human Services Committee.
SR 364: A RESOLUTION creating the Senate Costs and Effects of Smoking Study Committee; and for other purposes.
SPONSORS: Michelle Au (D); Chuck Hufstetler (R); Dean Burke (R); Kay Kirkpatrick (R); Lester Jackson (D)
SUMMARY: This bill creates Senate Study Committee on costs and effects of smoking that would occur during the summer and fall of 2022 should this resolution pass.
STATUS: SR 364 has been introduced and assigned to the Senate Rules Committee.
HB 910 (amended FY2021-2022 budget)
HB 911 (FY 2022-2023 budget)
If you have any questions, please feel free to contact the GDA’s Senior Director of Government Relations & Policy, Thomas Beusse, at thomas@gadental.org.
