2022 Legislative Insider: 3.11.22
GDA Legislative Insider 3/11/2022
Another week busy week has passed beneath the Gold Dome, and as of this writing the General Assembly has now it made to Legislative Day 27. The first major milestone of the session, Legislative Day 28, also known as “Crossover Day” will occur on Tuesday. “Crossover Day” is the day by which a bill must leave its chamber of origin to remain a viable stand-alone bill for this session. However, the language of bills that do not pass out of their originating Chamber by Crossover Day can still be amended to other pieces of legislation that continue to move through the legislative process.
The only bill the legislature is constitutionally required to pass, HB 911 - the fiscal year 2023 budget, successfully passed out of the House on Friday, and now heads to the Senate for its consideration. The GDA Government Affairs Team is pleased to report that the House budget proposal includes fee increases to the nineteen specific Medicaid dental codes identified by the GDA Medicaid Task Force. The breakdown of the fee increases is: a 10% increase to two extraction codes and a 7% increase to the remaining seventeen codes. The bill will now go through the Senate appropriations process where the GDA Government Affairs Team will continue to advocate for these important rate increases.
All Georgians have noticed pain at the pump since the Biden administration announced a ban on the importing of Russian oil. Georgia’s leaders have noticed as well, and the General Assembly is moving quickly to provide some assistance with HB 304, which aims to suspend the state’s 29.1 cents per gallon motor fuel tax through May 31st. This bill has been fast tracked through the House Ways & Means Committee this week with broad support, was passed by the House on Friday, and is expected to move rapidly through the Senate. The motor fuel tax would be suspended immediately upon the Governor’s signature, but consumers will not see an impact until retailers sell their existing fuel supply on which the motor fuel taxes have already been paid.
The Mental Health Parity Act, championed by House Speaker David Ralston, which aims to require health insurers to cover mental illness in the same manner as a physical illness, passed the House with only three dissenting votes last week. The House also passed HB 1437, the over $1 billion dollar tax cut package introduced last week, by a vote of 115-52. This tax cut package would lower the current graduated income tax rate from a maximum of 5.75% to a flat 5.25%, eliminate deductions except those for charitable purposes, including the standard deduction, and increase the standard exemption to $12,000 for single filers and $24,000 for married filers.
The Senate continues its recent mission of passing red-meat legislation to feed the conservative side of the aisle going into the campaign season, passing SB 393, which would prohibit social media platforms such as Facebook and Twitter from deleting posts or removing users based on views. It passed by 33-21 vote.
All were on the second floor of the Capitol last week as politics and policy met head-on as candidates 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 descended upon the Georgia Capitol to officially make their intentions known. The Governor’s race has taken form to officially be a brutal primary fight between Governor Kemp and David Perdue, with the winner taking on Stacey Abrams in November. Below that the statewide fields are extremely crowded, and the GDA Government Affairs Team will continue to go through the list of candidates all offices in the coming weeks. An important note is that GDA member Senator Lester Jackson of Savannah has officially qualified to run state-wide for Georgia’s Labor Commissioner. By far the most surprising development of the week was from the powerful Senate Rules Chairman Sen. Jeff Mullis, a long-time friend of the GDA from Chickamauga, who has declined to run for another term after twenty-two years in office.
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; provideHB 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. This bill was amended in Sub Committee to maintain 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, passed the House Regulated Industries Committee, and the House (164-0). The bill is awaiting assignment to a Senate 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. The GAC has taken a position of support on this measure.
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. The bill has been assigned to the Senate Committee on Health & Human Services.
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 by a vote of 151-1 and has been assigned to the Senate Committee on Insurance & Labor.
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 passed by the Senate Judiciary Committee and Senate by a vote of 52-0. The bill 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)
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.
HB 1339 has been introduced and assigned to the House Insurance Committee.
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 GAC has taken a position of support on this measure.
STATUS: HB 1371 has been introduced and assigned to the House Special Committee on Access to Quality Health Care. The bill has passed the House by a vote of 156-4 and awaits assignment to a Senate Committee
HB 1449: Dental Medicaid Carve-Out
SPONSORS: Reps. 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 is 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 where it was discussed and tabled. The bill will not advance further this session; however, the issue will be discussed during a House Insurance Committee to be held after the legislative session.
HB 1519: Insurance; prohibit insurers from unilaterally changing network participation contracts impacting coverage, access to, or costs of ancillary services
SPONSORS: Reps. David Knight (R); Mark Newton (R); Rick Jasperse (R); Lee Hawkins (R); Matt Hatchett (R);
SUMMARY: This bill would prohibit insurers from unilaterally changing network participation contracts impacting coverage, access to, or costs of ancillary services as defined in the bill as clinically appropriate and medically necessary healthcare items or services provided as part or in support of an inpatient or outpatient healthcare service. Ancillary services include, but are not limited to, laboratory services, pharmacy services, radiology or other diagnostic testing services, and the provision of medical supplies or durable medical equipment.
STATUS: HB 1520 has been introduced, assigned to, and passed the Special Committee On Access to Quality Health Care.
HB 1520: Georgia Council on Addressing Health Care Workforce Challenges; create
SPONSORS: Reps. Lee Hawkins (R); Rick Jasperse (R); Sharon Cooper (R); Patty Bentley (D); Katie Dempsey (R); Gerald Greene (R).
SUMMARY: This bill creates the Georgia Council on Addressing Health Care Workforce Challenges for the purpose of providing strategic thought leadership and recommendations on the future of the health care workforce in Georgia. The council will work with various experts and stakeholders to explore workforce challenges, identify future trends, raise awareness of workforce issues, and provide accompanying recommendations to the Governor, Speaker of the House, President of the Senate, and Georgia General Assembly. One of the members of the Council would be “A representative from a state-wide association representing dentists” appointed by the Speaker of the House.
STATUS: HB 1520 has been introduced, assigned to, and passed the House Committee on Human Relations & Aging.
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.
SB 573: Hospitals and Health Care Facilities; hospitals and ambulatory surgical centers to utilize surgical smoke evacuation systems during surgical procedures to protect patients and health care workers from the hazards of surgical smoke; require
SPONSORS: Sens. Matt Brass (R); Larry Walker III (R); Randy Robertson (R)
SUMMARY: As introduced, this bill would require the use of a 'Surgical smoke evacuation system' in any ‘hospital and ambulatory surgical center’ for procedures likely to generate surgical smoke, defined as ‘the gaseous by-product produced from the interaction of tools or heat-producing equipment used for dissection and hemostasis during surgical or invasive procedures, which contains infectious bacteria, viruses, and chemicals that include proven toxins, mutagens, carcinogens, and allergens. The bill was amended in the Senate Health and Human Services Committee to only require hospital and ambulatory surgical centers to adopt policies for the reduction of human exposure to surgical smoke.
STATUS: SB 573 has been introduced, assigned to, and passed the Senate Health and Human Services Committee where it was amended.
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.
