House committee introduces comprehensive mental health bill
H.B. 1013 was introduced by Rep. David Ralston (R-Blue Ridge) and is an omnibus bill to enact the recommendations of the Georgia Behavioral Health Reform and Innovation Commission. This legislation includes (1) compliance with federal law regarding mental health parity, (2) annual data calls regarding mental health care parity by private insurers, (3) uniform reports from health care entities regarding nonquantitative treatment limitations, (4) annual parity compliance reviews regarding mental health care parity by state health plans, (5) medical loss ratios, (6) provisions relating to coverage of treatment of mental health or substance use disorders by individual and group accidents and sickness policies or contracts, (7) a definition of medical necessity for purposes of appeals by Medicaid members relating to mental health services and treatments, (8) service cancelable loans for mental health and substance use professionals, (9) Behavioral Health Care Workforce Data Base by the Georgia Board of Health Care Workforce, (10) a grant program to establish assisted outpatient treatment programs, (11) an assisted outpatient treatment unit to provide coordination and support for grantees, (12) authorization of inpatient civil commitment for mental illness to aid a person at risk of significant psychiatric deterioration in the near future, (13) authorization of a peace officer to take custody of a person in apparent mental health crisis and transport the person to an evaluation facility notwithstanding the absence of evidence that the person has committed a criminal offense, (14) a grant program for accountability courts that serve the mental health and substance use disorder population, (15) methods to increase access to peer specialists in rural and underserved or unserved communities, (16) funds from the County Drug Abuse Treatment and Education Fund for mental health divisions, (17) initiatives and a task force to assist local communities in 36 keeping people with serious mental illness out of county and municipal jails and detention facilities and to improve outcomes for individuals who have frequent contact with criminal justice, homeless, and behavioral health systems, (18) implementation of a state network of local co-response teams, (19) continued exploration of strategies for individuals with mental illnesses and extend the Georgia Behavioral Health Reform and Innovation Commission, (20) a task force to improve Medicaid function and adequacy, and (21) an annual unified report by the administrator of the Georgia Data Analytic Center relating to complaints filed for suspected violations of mental health parity laws. MAG supports this legislation, which was referred to the House Health & Human Services Committee.
Key Bills Passed by Committees
The House Health and Human Services Committee passed H.B. 752, which would implement a Psychiatric Advance Directive (PAD). The PAD would allow patients with mental illness to make their wishes in relation to mental health care known and designate a health care agent related to mental health care. MAG supports this legislation, which now goes to the House Rules Committee.
The House Judiciary Committee passed H.B. 961 by Rep. Chuck Efstration (R-Dacula), which would allow for evidence of a non-party’s fault and authorize apportionment of damages in single-defendant lawsuits. MAG supports this legislation, which is now in the House Rules Committee.
The House Special Committee on Access to Quality Health Care passed H.B. 867 by Rep. Mark Newton, M.D. (R-Augusta), which would require pharmacy benefit managers (PBMs) and insurers to disclose to patients the final true net cost for a prescription drug, less all rebates actually received by the pharmacy benefits manager or its health plan client subsequent to the point of sale and base the patient’s cost-sharing on the final true net cost. MAG supports this legislation, which now goes to the House Rules Committee.
The Senate Insurance & Labor Committee passed S.B. 330 by Sen. John Albers (R-Roswell) that would (1) prohibit insurers from cancelling, modifying coverage, refusing to issue, or refusing to renew life insurance policies solely because the applicant or insured donated a liver or kidney, (2) provide for a tax credit for individuals who donate all or part of their liver, pancreas, kidney, intestine, lung, or bone marrow, and (3) create an income tax credit for employers that provide paid leave to employee donors for periods of medically necessary leave from work. MAG supports this legislation, which is scheduled for a vote in the Senate on Tuesday, February 1.
Key Bills Introduced
H.B. 856 by Rep. Kim Schofield (D-Atlanta) would create the Legislative Commission on the Disparate Impact of COVID-19. MAG is neutral on this legislation, which was referred to the House Rules Committee.
Rep. Sharon Henderson (D-Covington) introduced H.B. 937 which would provide for Medicaid coverage for annual mammograms at no cost to the recipient. MAG is reviewing this legislation, which was referred to the House Health & Human Services Committee.
Rep. Mesha Mainor (D-Atlanta) introduced H.B. 939 that would provide for notice of admission and daily updates from a facility to the parent or legal guardian of an involuntary minor patient under 12 years of age. MAG is reviewing this legislation, which was referred to the House Health & Human Services Committee.
H.B. 972 was introduced by Rep. Dave Belton (R-Buckhead) and would make changes to the “Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law,” including deleting that under their practice act that, “diagnose shall not mean the diagnosis of any neuropsychological functioning or conditions” and a number of other updates the law. MAG is reviewing this legislation, which has been referred to the House Regulated Industries Committee.
Rep. Kasey Carpenter (R-Dalton) introduced H.B. 996 allow individuals credentialed in the field of nutrition to provide advice, counseling, or evaluations in matters of food, diet, or nutrition under certain circumstances without receiving a dietetics license. MAG opposes this legislation, which has been referred to the House Regulated Industries Committee.
H.B. 1000 was introduced by Rep. Stan Gunter (R-Blairsville) and would provide an exception for rabies vaccination of dogs and cats for animals where that vaccine would compromise the animal's health or if it is medically unnecessary. MAG is watching this legislation, which was referred to the House Agriculture & Consumer Affairs Committee.
Rep. Erick Allen (D-Smyrna) introduced H.B. 1003 that would prevent the Department of Community Health from entering into or renewing any contract with an otherwise qualified entity for the State Health Benefit Plan who has either terminated early without cause or forced a renegotiation of an unexpired contract with a Georgia-based hospital or health care system within the prior 24 months, unless the qualified entity is the only available qualified entity. MAG supports this legislation, which was referred to the House Insurance Committee.
Rep. Sharon Cooper (R-Marietta) introduced H.B. 1038, which would update the tax credit for physicians and health care professionals who practice in rural areas. MAG is reviewing this legislation, which was assigned to the House Ways & Means Committee.
Rep. Rick Jasperse (R-Jasper) introduced H.B. 1042, which would authorize authorities to administer grants to developers who open “primary care medical facilities” in health shortage areas. These facilities would then be operated by a dentist, physician, or “mental health care providers” (psychiatrist, psychologist, professional counselor, marriage and family therapist, clinical social worker, or clinical nurse specialist in psychiatric/mental health). MAG opposes this legislation, which has been assigned to the House Health & Human Services Committee.
H.B. 1057 was introduced by Rep. Gerald Greene (R-Cuthbert) and would set a standard suite of services that community service boards are required to provide in their respective service areas. MAG is reviewing this legislation, which was assigned to the House Health & Human Services Committee.
The House Industry and Labor Committee heard H.B. 855 by Rep. Gregg Kennard (R-Lawrenceville) that would provide workers' compensation coverage for first responders for post-traumatic stress disorder arising in the course and scope of employment. MAG is watching this legislation, which will be vetted by the Workers’ Compensation Advisory Council.
Rep. Darlene Taylor (R-Thomasville) introduced H.R. 629 that would create the House State Health Benefit Plan Study Committee. MAG supports this legislation, which was assigned to the House Health & Human Services Committee.
S.B. 338 by Sen. Dean Burke, M.D. (R-Bainbridge) would increase postpartum coverage under Medicaid from six months to one year following birth. MAG supports this legislation, which was referred to the Senate Health & Human Services Committee.
Sen. Kay Kirkpatrick, M.D. (R-Marietta) introduced three bills (S.B. 340, S.B. 341, & S.B. 342). S.B. 340 updates provisions related to funding of medical education provided by hospital authorities and designated teaching hospitals. S.B. 341 would provide guidelines for the prior authorization of a prescribed medication for chronic conditions requiring ongoing medication therapy under certain circumstances. S.B. 342 would provide for annual reporting regarding mental health parity in health care plans. MAG supports all three bills. S.B. 340 was referred to Senate Health and Human Services while S.B. 341 and 342 were referred to Senate Insurance and Labor.
S.B. 345 was introduced by Sen. Jeff Mullis (R-Chickamauga) would prohibit state and local governments from mandating vaccine passports. This legislation in its current form could be interpreted to prohibit schools from requiring immunizations. MAG opposes this legislation in its current form, which has been assigned to the Senate Health & Human Services Committee.
Sen. Bruce Thompson (R-White) introduced S.B. 351, which would extensively revise the “Women’s Right to Know Act”, including requiring the use of an informed consent authorization form and expanding reporting requirements. Additionally, the legislation would make prescribing abortion pills without following the state law a crime and allow civil penalties of up to $100,000 per violation. Reporting violations may threaten a physician’s license and open them up to malpractice suits even where no physical injury occurs. Physicians would be required to have the patient sign off on 15 different statements prior to prescribing the pills and a follow-up visit two weeks later would be required. Finally, abortion pills could not be provided on the campus of any public or private school, college or university in the state. This legislation has been referred to the Senate Health & Human Services Committee. MAG opposes any policies that limit the evidence-based practice of medicine, threaten the patient-physician relationship, and inhibit the delivery of safe, timely, and necessary comprehensive care. Additionally, MAG believes that it should not be illegal for physicians to make the ethical and professional decisions that are in the best interests of their patients. Finally, MAG opposes legislation that threatens the patient-physician relationship.
Sen. Thompson also introduced S.B. 352, which would allow for licensure by endorsement for certain licenses to spouses of firefighters, health care providers, and law enforcement officers who relocate to the State of Georgia. MAG is watching this legislation, which was referred to the Senate Regulated Industries & Utilities Committee.
Sen. Thompson introduced S.R. 376 as well, which creates the Senate Occupational Licensing Study Committee. MAG is watching this resolution, which has been assigned to the Senate Rules Committee.
S.B. 372 was introduced by Sen. Brandon Beach (R-Alpharetta) that would (1) prohibit a person or governmental entity from refusing, withholding from, or denying a person any local or state services, goods, facilities, advantages, privileges, licensing, educational opportunities, health care access, or employment opportunities based on the person's vaccination status or whether the person has an immunity passport, (2) prohibit an employer from refusing employment to a person, barring a person from employment, or discriminating against a person in compensation or in a term, condition, or privilege of employment based on the person's vaccination status or whether the person has an immunity passport, and (3) prohibit a public accommodation from excluding, limiting, segregating, refusing to serve, or otherwise discriminating against a person based on the person's vaccination status or whether the person has an immunity passport. This legislation would not apply to schools and would allow health care facilities to ask for vaccination status to determine whether reasonable accommodations should be provided. An individual may not be required to receive any vaccine which is allowed for use under an emergency use authorization or any vaccine undergoing safety trials. A skilled nursing facility, personal care home, or assisted living community shall be exempt from compliance with this Code section during any period of time that such compliance would result in a violation of regulations or guidance issued by the federal Centers for Medicare and Medicaid Services or the federal Centers for Disease Control and Prevention. MAG opposes this legislation, which has been assigned to the Senate Judiciary Committee.
