Georgia House passes array of bills, including kickback prohibition
Important health care bills that the Georgia House passed this week include…
– S.B. 4, a bill by Sen. Kay Kirkpatrick, M.D. (R-Marietta) that would 1) “prohibit kickbacks, commissions, bribes, benefits, rebates, and bonuses by substance abuse care providers or solicited by substance abuse care providers to induce referral of a patient and outlaws fraudulent marketing techniques designed to deceive individuals into expensive long term recovery facilities” and 2) prohibit “high-tech drug testing” (i.e., testing an individual’s specimen for numerous substances and billing and receiving payment separately for each substance that is tested). MAG supports this legislation, which needs the Senate’s agreement (i.e., it was amended to address some potential unintended consequences for pain management physicians) before it can be sent to Gov. Brian Kemp.
– H.B. 117, legislation by Rep. Mike Wilensky (D-Dunwoody) that would add ulcerative colitis to the list of conditions that qualify for Georgia’s ‘Low THC Oil Registry.’ The MAG Institute for Excellence in Medicine’s Cannabis Task Force reviewed this legislation, which will now go to the Senate Health and Human Services (HHS) Committee.
– H.B. 290, a bill by Rep. Ed Setzler (R-Acworth) that would require hospitals and long-term care facilities to institute and post “distinct and independent policies related to legal representatives, essential caregivers, and visitors.” Under this measure, hospitals and long-term care facilities 1) would be required to allow patients who stay at least 12 hours to have access to in-person physical contact with their designated legal representative for at least one hour each day – although the attending physician could postpone this for up to 48 hours for patients who are in operating rooms, transplant wards, or require physical isolation for exceptional immunocompromised conditions and 2) could institute reasonable safety requirements related to patients/residents’ in-person physical contact with their legal representatives – passing the reasonable costs associated with these requirements along to the legal representative(s). If a hospital or long-term facility failed to comply with these requirements, the patient could bring a civil action in court – but they would have to demonstrate “gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.” The bill would require hospitals and long-term care facilities to institute visitor policies that are no more restrictive than the Centers for Medicare and Medicaid Services’ minimum standards. MAG will continue to track this legislation, which has been assigned to the Senate HHS Committee.
– H.B. 346, a measure by Rep. Dominic LaRiccia (R-Douglas) that would allow paramedics to administer hydrocortisone sodium succinate intramuscularly for the purpose of providing emergency care to a patient who 1) has congenital adrenal hyperplasia and 2) is in adrenal crisis and 3) possesses hydrocortisone sodium succinate in packaging that clearly states the appropriate dosage and has an unbroken seal. MAG is watching this legislation, which was also assigned to the Senate HHS Committee.
– H.B. 454, a bill by Rep. Mark Newton, M.D. (R-Augusta), that would require insurers who advertise a provider as a participating provider in their provider directory when a prospective covered person selects his or her health benefit plan to cover the provider charges at in-network rates for 90 days after the contract is ended for that covered person, regardless of whether the provider remains a participating provider in the insurer's network plan. The measure would also require insurers to ensure that the covered patient not be responsible for more than he or she would have been responsible had the services been delivered by an in-network provider, although this wouldn’t be applicable when the provider is out-of-network due to suspension, expiration, or revocation of their license or the provider unilaterally terminates their participation in the insurer’s network plan for reasons other than default or breach by the insurer of a contract with the provider for the provision of health care services. MAG supports this legislation, which is going to the Senate Insurance and Labor Committee as a next step.
– H.B. 567, legislation by Rep. Sharon Cooper (R-Marietta) that would create the Newborn Screening and Genetics Advisory Committee to make recommendations to the Georgia Department of Public Health when a new disorder is added to the federal Recommended Uniform Screening Panel. MAG is monitoring this legislation, which has been assigned to the Senate HHS Committee.
– H.B. 653, a bill by Rep. Rick Jasperse (R-Jasper) that would allow pharmacists to administer and interpret the results of COVID-19 antigen and serology tests for a one-year period after the conclusion of the federal public health emergency. Before it was amended with MAG’s input, this bill would have allowed pharmacists to administer and interpret these test results with no end date. MAG is tracking this bill, which is also going to the Senate HHS Committee.
– H.B. 697, a bill by Rep. Newton that would allow the state to collect hospital data to assess the status of meaningful electronic health records user standards and interoperability standards and certified electronic health records technology standards. This legislation would also enable the state to conduct surveys to determine whether 1) a hospital is a “meaningful electronic health records (EHR) user” and 2) whether there are any legal or practical barriers that are preventing a hospital from becoming a meaningful electronic technology user and 3) whether a hospital uses interoperable health information technology and 4) whether there are any legal or practical barriers preventing a hospital from using interoperable health information technology and 5) whether a hospital uses certified EHR technology and 6) whether there are any legal or practical barriers preventing a hospital from using certified EHR technology and 7) whether a hospital has established a timeline for becoming a meaningful user of certified EHR technology. MAG is monitoring this legislation, which has been assigned to the Senate HHS Committee.