2022 Legislative Insider: Sine Die
GDA Legislative Insider SINE DIE 2022
After three months of grandstanding speeches, political maneuvering, press conferences, committee meetings and floor sessions, the 2022 session of the Georgia General assembly adjourned “sine die” at 12:15 am Tuesday April 5th. This session saw the introduction of 1,174 bills in both chambers, with only 197 receiving final passage. Before we dive into the summary of this session, the GDA Government Affairs Team would like to thank the Government Affairs Committee for their service during this legislative session, with particular gratitude to Chairman Dr. Richard Weinman for his experience and leadership through the 2022 legislative session.
Colored by Georgia’s slow emergence from COVID-19, the recent and divisive redistricting process, as well as the impending 2022 elections, this session was unusual from the outset and maintained that character all the way through the final fall of the gavel. This sine day had a feeling of less urgency than most, with both the House and Senate taking multiple, long recesses throughout the day, and no real “work” beginning until the early evening hours despite dozens of measures scheduled for consideration in both chambers.
As has been mentioned previously in Legislative Insider, the only item which the Georgia General Assembly is constitutionally required to pass every session is the state’s budget. Thanks to actions taken by Governor Brian Kemp early on in the COVID-19 pandemic, Georgia has fared better than most states, and this year the state coffers were flush with cash. While the legislature waited until the final evening of the final day to complete this task, the GDA Government Affairs Team is pleased to report that part of the state’s $30.2 billion spending plan includes select dental Medicaid code increases for 19 dental codes identified by the GDA Medicaid Task Force. The amount of the increase would be a 10% increase for codes D7210, D7140, and a 7% increase for codes D2160, D2330, D2331, D2332, D2335, D2393, D2394, D2931, D3220, D7111, D2140, D2150, D2930, D0220, D0270, D0272, D0274. We are exceptionally thankful to the appropriators in the legislature for these increases, which recognize the importance of the great care dentists provide to our state’s most vulnerable residents.
The largest single topic of this session was towards addressing mental health issues in Georgia, and the largest piece of legislation to that end was HB 1013 championed by House Speaker David Ralston. The primary goal of this legislation is to require insurance companies to cover mental illness in the same manner in which they cover physical illness. After passing the House with only three dissenting votes, it appeared that this legislation was heading down a difficult path in the Senate with multiple committee hearings, loud protests, and far-right grassroots opposition. The bill, mostly intact, ultimately passed late last week which relieved some tension throughout the capitol as the House was measured in their consideration of Senate bills until the log-jam on this issue broke. The bill received a large public signing ceremony in the middle of the day on Day 40.
Georgians will be seeing a tax-cut as a result of this session. After many conversations and negotiations throughout the day and night on the final day an agreement was reached to gradually drop the state’s income tax rate from 5.75% to 4.99% by 2029. The standard exemptions would rise gradually as well over that same time from $2,700 for single filers to $12,000. For married couples filing jointly, it would go from $7,400 to $24,000.
The aforementioned legislative trickery and political tone came to play, especially in the waning days, and hours of day 40, as legislators continued to churn out red meat bills for their upcoming campaigns. One of the largest surprises came in the literal final minutes of the session the legislature passed a measure to limit how race is discussed in k-12 classrooms, but only after amending the bill to address transgender girls in sports. The legislation was amended to create a school athletics oversight committee to study and determine whether transgender students should be allowed to participate in public high school sports that align with their gender identity. The General Assembly also gave final approval to legislation that gives the Georgia Bureau of Investigation authority to investigate election fraud complaints. A remaining ripple from the 2020 election cycle, the GBI would now be able to launch election inquiries and subpoena records on its own. Previously, the GBI assisted election investigators in the secretary of state’s office.
While it is notable for what passed it is also important to note hot button items which failed. The perennial issue of whether not to allow online sports betting failed yet again, this time by a single vote in the waning hours of sine die. HB 456, which would restrict mail-order abortion pills also failed to make it completely through the process. Finally, a bill aiming to fix Georgia’s broken medical cannabis regulatory apparatus also failed.
From a process point of view, all bills passed by the General Assembly now head to the Governor’s desk. Georgia’s Governor does not have “pocket veto” power, therefore Governor Kemp has forty days to veto legislation or it automatically becomes law with or without his signature.
As a reminder, this was year two of a two-year session. Any bill from last year or this year that failed to pass is dead. 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: DEAD
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: DEAD
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: DEAD
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: DEAD
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: DEAD
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: DEAD
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 introduced, would have allowed for fewer training and testing qualifications for expedited licensure of military spouses by endorsement under a framework passed by the General Assembly in 2020. 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: PASSED
HB 1038 (HB 1039): 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. This the language from HB 1038 was amended into HB 1039 in the final days of the session and passed by the Senate on Day 40, unfortunately the bill failed to be taken up again by the House prior to adjournment. The GAC has taken a position of support on this measure.
STATUS: Both measures are DEAD.
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: PASSED
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: PASSED
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 PASSED.
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: DEAD
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: DEAD
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: DEAD
HB 1519 (SB 82): 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: While HB 1519 was dead as a standalone measure as it failed to crossover by Day 28, the language from HB 1519, along with two other bills, was amended onto SB 82 in the final days of the session. While SB 82 passed out of the Special Committee on Access to Quality Healthcare it was ultimately unable to pass out of the House Rules Committee on Day 40 for floor consideration. As a result, both bills are DEAD.
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: DEAD
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. This bill was stripped of original language to include licensure language for construction trades, advance practice registered nurses, and physical therapists in the final days of the session.
STATUS: SB 45, with its new language, was unable to pass out of the House Rules Committee on Day 40 for floor consideration, and is DEAD.
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 and later amended to include dental hygienists, 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. This bill would not allow for licensure of a dentist by endorsement in Georgia.
STATUS: DEAD
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: DEAD
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: DEAD
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: PASSED
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: DEAD
HB 910 (amended FY2021-2022 budget) – signed by Governor Kemp
HB 911 (FY 2022-2023 budget) - PASSED
The entire GDA Government Affairs Team of Frank Capaldo, Thomas Beusse, Scott Lofranco, and Emma Paris would to thank you all for your continued support of GDA’s advocacy efforts and providing us with your valuable input. 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.
