2022 Legislative Insider: 3.04.22
GDA Legislative Insider 3/4/2022
Another busy week has passed beneath the Gold Dome, and as of this writing the General Assembly has now it made through Legislative Day 24.
The eyes of the world have been observing the ongoing conflict in the Ukraine, and Georgia’s leaders are among them and taking appropriate action where they can. Earlier this week, Governor Brian Kemp announced that the State of Georgia will “fully divest” itself from any connections to Russian funds. Only one such fund has been identified thus far, an exchange-traded investment fund that includes a variety of Russian companies, mostly in the energy, basic materials, and financial sectors that was part of the portfolio of the Employees’ Retirement System of Georgia. The state fully divested from the fund this week. House Speaker David Ralston agreed stating, “I don’t want one penny of a Georgian’s money going to subsidize Vladimir Putin.” Senate Leaders also agree, with Lt. Gov. Geoff Duncan condemning those on the far right who have cheered Putin, and Senate Rules Chairman Jeff Mullis sponsoring legislation that would prohibit companies owned or operated by Russia from bidding on state contracts.
Condemnations of Russia aside, the Senate was very busy this week with plenty of floor action on some newsworthy, and politically advantageous, measures. The Senate passed SB 319, the “Constitutional Carry” bill, which would allow Georgians to conceal carry handguns without a permit as is currently required by law, by a party line vote of 34-22. The Senate also passed SB 456, which would ban women from receiving an abortion-inducing drug through the mail while also requiring that a woman seeking such medication be seen by a doctor and an ultrasound performed prior to these medications being prescribed. The Senate also passed SB 514, which would allow parents the ability to opt their children out of mask mandates in schools through June of 2027. All of the aforementioned measures now travel to the House. The Senate also completed its work on the Adjusted Fiscal Year 2022 budget, which did not contain any cuts to the measures for which the GDA advocates. The AFY 2022 budget has passed the Senate and will more than likely head to a conference committee in the coming days where the House and Senate will iron out their minor differences prior to final passage.
The House was equally busy with less controversial, but equally politically advantageous measures. This week House Speaker David Ralston announced a proposal that would lower the state’s income tax rate and raise the standard deduction beginning in 2024, saving Georgia taxpayers an estimated $1 billion dollars. Another measure very important to Speaker Ralston is HB 1013, the bipartisan Mental Health Parity Act, advanced out of the House Health & Human Services Committee this week after multiple, lengthy hearings.
Next week is a big one on the Georgia political calendar, one that all Georgia political observers have been anxiously awaiting, and that is because next week is the official campaign qualifying period. Beginning Monday morning and concluding Friday at noon, those seeking re-election to their seats, election to someone else’s seat, or election to an open seat for statewide, congressional, or General Assembly offices must officially declare their intentions by filing paperwork at the Georgia Capitol. After next Friday there will be no more secrets or rumors, and the fields will be officially set for all 2022 contests in Georgia. The list of those retiring from office entirely continues to grow, with this week’s announcement coming from embattled Georgia Labor Commissioner Mark Butler that he will not be seeking a fourth term. This was not a complete surprise as Commissioner Butler has received a lot of criticism for the Georgia Department of Labor’s mishandling of unemployment benefits throughout the COVID-19 pandemic, even from his own party, from which has already drawn primary opposition.
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, as originally drafted, would have eliminated the testing and qualifications requirements for expedited licensure of military spouses by endorsement under the framework passed by the General Assembly in 2020. This bill was amended in Sub Committee to add back into the bill existing language in the law which requires a current license holder from another state to have training, experience, and testing substantially similar in qualifications and scope to the requirements in Georgia, as well as an 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, has passed the House Regulated Industries Occupational/Professional Licensing Subcommittee via substitute, and passed 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 physicians, dentists, nurse practitioners, and physician assistants for up to $5,000 for up to 5 years who establish a practice in a rural area. The GDA is in support of this bill.
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 has passed the House by a vote of 162-0.
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. SB 500 has passed the Senate and been assigned to the House 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. The GDA is in support of this bill.
STATUS: HB 1371 has been introduced and assigned to the House Special Committee On Access to Quality Health Care.
HB 1449: Dental Medicaid Carve-Out
SPONSORS: Darlene Taylor (R), Lee Hawkins (R). David Knight (R)
SUMMARY: This bill would direct the Georgia Department of Community Health to contract with no less than two, but no more than three, administrators for the Dental Medicaid benefit for Medicaid and PeachCare. The administrator cannot contract out dental care to another dental administrator. The selected administrator must establish a fee schedule which is at least 85% of the rates published by DCH in 2020, and be adjusted annually. The administrator must report its loss ratios to the Commissioner of DCH. The administrator must contract with any willing provider and includes language that would require Recovery Audit Contractors to utilize a provider licensed and practicing a similar specialty for formulating audit methodologies.
STATUS: HB 1449 has been introduced and assigned to the House Committee on Health & Human Services.
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.
SB 571: Controlled Substances; notification requirements for prescribers prescribing opioids; revise
SPONSORS: Sens. Nikki Merritt (D); Kim Jackson (D); Sonya Halpern (D); Sally Harrell (D)
SUMMARY: This bill would require that the prescriber of an opioid medication, on the initial prescription and third prescription, must counsel a patient, a patient’s parent if a minor, with the risks associated with opioids to include addition and overdose risk, why the prescription is necessary, alternative treatments if available, and risks associated with opioid use. To include a record of the required counseling in their chart, and provide the patient with information on safe disposal methods. This would not be required for substance abuse treatment, cancer treatment, hospice care, or long-term care facilities.
STATUS: SB 571 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.
