Georgia Senate & House pass key health care bills
The Georgia Senate passed three key health care bills this week, including…
S.B. 43 by Sen. Matt Brass (R-Newnan), a bill that would eliminate the need for an in-person examination to write a valid contact lens prescription and allow Georgians to use online vision testing services that are outside of their ophthalmologist or optometrist’s office. MAG is neutral on this legislation, which has been sent to the House Insurance Committee.
S.B. 45 by Sen. Bruce Thompson (R-White), a bill that would allow health care licensure by endorsement for individuals. It is worth noting that this legislation was amended to exempt dentists and physicians from this process. MAG is watching this legislation, which will now go to the House Regulated Industries Committee.
S.B. 46 by Sen. Dean Burke, M.D. (R-Bainbridge), a bill that would allow pharmacists to administer all Advisory Committee on Immunization Practices (ACIP) recommended adult vaccines under a protocol with a physician. Pharmacists would be required to check the Georgia Immunization Registry (GRITS) for the patient’s immunization status before they administer these vaccines, and they would have to notify the patient’s primary care physician and record the vaccination in the GRITS system. MAG Government Relations Director Derek Norton explains that, “This bill also cleans up other language in the vaccine protocol law as it relates to public health emergencies.” MAG supports this legislation, which is consistent with MAG policy (HOD Resolution 304C.20). This legislation is headed to the House, although it has not yet been assigned to a committee.
The Georgia House of Representatives passed…
H.B. 93 by Rep. Sharon Cooper (R-Marietta), a bill that would eliminate duplicative state licensure and regulation of clinical laboratories. MAG is watching this legislation, which has been assigned to the Senate Health and Human Services (HHS) Committee.
H.B. 163 by Rep. Cooper, a bill that would require the Georgia Department of Community Health to submit a plan to the U.S. Department of Health and Human Services to get approval to implement an “express lane” enrollment feature for Medicaid and direct the Georgia Department of Human Services to automatically enroll and renew eligible children in Medicaid based on application data it receives for the Supplemental Nutrition Assistance Program. MAG supports this legislation, which is headed to the Senate HHS Committee.
H.B. 128 by Rep. Rick Williams (R-Milledgeville), a bill that would prohibit providers from discriminating against potential organ transplant recipients due solely to the physical or mental disability of the potential recipient. MAG is watching this legislation, which has been assigned to the Senate HHS Committee.
H.B. 212 by Rep. Kasey Carpenter (R-Dalton), a bill that would revise the parental requirement for consent for an order not to resuscitate to provide greater clarity as to who may consent to such an order. MAG is watching this legislation, which is also going to the Senate HHS Committee.
H.B. 287 by Rep. Bonnie Rich (R-Suwanee), a bill that would add tobacco and vapor products to the course on alcohol and drugs that is required for every K-12 student in the state each year. MAG supports this legislation, which has been assigned to the Senate Education and Youth Committee.   
In other important developments…
The Senate Insurance and Labor Committee passed a bill (S.B. 82) by Sen. Michelle Au, M.D. (D-Duluth) that would prohibit insurers from denying coverage for emergency care based solely on the final diagnosis. MAG supports this measure, which will move into the Senate Rules Committee.
The Senate Judiciary Subcommittee passed a bill (S.B. 92) by Sen. Randy Robertson (R-Cataula) that would prohibit the sale to and by minors of drug products containing dextromethorphan. MAG supports this legislation, which now goes to the full Senate Judiciary Committee.
The Senate Insurance and Labor Subcommittee on Workers’ Compensation and Health held a hearing on a bill (S.B. 80) by Sen. Kay Kirkpatrick, M.D. (R-Marietta) that would improve the prior authorization process by 1) requiring insurers and PBMs to be more transparent about the prior authorization process and requiring them to notify the applicable stakeholders when they change their prior authorization process or requirements and 2) requiring prior authorization determinations and appeals decisions to be made by a physician who is in the same specialty and 3) requiring insurers to respond to prior authorization requests within two business days for non-urgent care and within 24 hours for urgent care and 4) preventing insurers and PBMs from revoking, denying, or changing a prior authorization approval for 45 days and requiring payment when a prior authorization is granted and 5) keeping prior authorization approvals for chronic/long-term care in place for one year. MAG supports this legislation, which is still in the Senate Insurance and Labor Committee.
The House Regulated Committee also took action this week, passing the Audiology and Speech-Language Pathology Interstate Compact (H.B. 34) by Rep. Dave Belton (R-Buckhead), the Occupational Therapy Licensure Compact (H.B. 268) by Rep. Bill Werkheiser (R-Glennville), and the Professional Counselors Licensure Compact (H.B. 395) by Rep. Belton. The committee also passed a measure (H.B. 119) by Rep. Karen Mathiak (R-Griffin) that would allow chiropractors to own professional corporations with physicians. MAG is watching these bills, which are all headed to the House Rules Committee.
The House Human Relations and Aging Committee heard a bill (H.B. 290) by Rep. Ed Setzler (R-Acworth) that would prevent hospitals and long-term care facilities from instituting any policies that would limit a patient or resident’s access to in-person physical contact with their designated representative for less than one hour per day during any period of hospitalization, treatment, or residence that lasts for a period exceeding 12 hours. Under this bill, long-term care facilities would also 1) not be permitted to institute a policy limiting a resident’s access to in-person physical contact with an essential caregiver for any period of treatment or residence that lasts for a period exceeding 24 hours and 2) not be allowed to prevent access to less than two representatives or essential caregivers for less than two hours per day. Hospitals and long-term care facilities would be permitted to impose “reasonable safety requirements relating to the in-person physical contact of representatives or caregivers.” The legislation “authorizes a patient, representative, or essential caregiver to bring a civil action in court for failure of a hospital or long-term care facility to comply with the provisions of this law.” And, the facility would have immunity for “injuries or deaths arising from the compliance with the provisions unless the hospital or long-term care facility showed gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.” MAG will continue to track this legislation, which remains in this committee.  
House HHS passes bills on MediSpas, telehealth & lead exposure  
The Georgia House Health and Human Services (HHS) Committee passed three key bills this week, including…
S.B. 5 by Sen. Kay Kirkpatrick, M.D. (R-Marietta), which would 1) require the Georgia Composite Medical Board to establish rules and regulations for the in-office use of sedation in “MediSpas” and 2) prohibit anyone who doesn’t have a license to practice dentistry to administer conscious sedation in a dental facility or during the practice of dentistry in a MediSpa. MAG supports this legislation, which now goes to the House Rules Committee. 
H.B. 307 by Rep. Cooper, which would codify the "Georgia Telehealth Act" to mimic the current public health emergency executive orders. This includes 1) authorizing health care providers to provide telemedicine services from home and 2) authorizing patients to receive telemedicine services from their home, workplace, or school and 3) allowing for audio-only care under certain circumstances and 4) prohibiting any requirements for patients to have an in-person consultation before they receive telemedicine services and 5) prohibiting more stringent utilization review requirements. MAG supports this legislation, which is set for a full House vote on Monday. 
H.R. 52 by Rep. Katie Dempsey (R-Rome), which would create the Joint Study Committee on Childhood Lead Exposure. MAG supports this legislation, which is headed to the House Rules Committee. 
MAG reviewing array of new health care bills  
MAG is busy evaluating an array of health care bills that were introduced in the Georgia General Assembly this week.
Rep. Katie Dempsey (R-Rome) introduced a bill (H.B. 412) that would provide for the licensure of individuals in the practice of applied behavior analysis. This legislation has been assigned to the House Regulated Industries Committee.
Rep. Beth Camp (R-Concord) introduced a bill (H.B. 413) that would prohibit state or local governments from requiring individuals to submit to vaccinations as a condition to certain actions if the vaccine does not meet certain conditions. MAG is opposing this legislation, which has been assigned to the House Health and Human Services (HHS) Committee.
Rep. Alan Powell (R-Hartwell) introduced a bill (H.B. 430) that includes provisions that are related to APRN licensure and that would allow APRNs and PAs to develop care plans for home health, order part-time or intermittent skilled nursing care, and apply for parking permits by mail for persons with disabilities. MAG is opposing this legislation, which was assigned to the House Regulated Industries Committee. 
Rep. David Knight (R-Griffin) introduced two bills – H.B. 447 and H.B. 448 – that would require every contract for health care coverage or services under the state health benefit plan or Medicaid or PeachCare for Kids Program to contain provisions relating to disclosure of cost data. MAG is reviewing this legislation, which was assigned to the House Special Committee on Access to Quality Health Care.
Rep. Mark Newton, M.D. (R-Augusta) introduced a bill (H.B. 450) that would authorize the Georgia Department of Public Health to release deidentified data from the state’s Low THC Oil Patient Registry to government entities and other entities for research and other purposes. MAG is reviewing this legislation, which was assigned to the House HHS Committee.
Rep. Newton also introduced a bill (H.B. 454) that would require insurers who advertise a provider as a participating provider in their provider directory when a patient selects their health benefit plan to cover the provider charges at in-network rates for the duration of the contract year for that covered person, regardless of whether the provider remains a participating provider in the insurer's network plan. It would also require insurers to ensure that the covered patient is not responsible for more than they would have been responsible had the services been delivered by an in-network provider. The requirement would not apply 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 has been assigned to the House Special Committee on Access to Quality Health Care.
Rep. Sharon Cooper (R-Marietta) introduced a bill (H.B. 458) that would 1) require members of the Composite Medical Board (GCMB) to participate in training and education to support greater understanding of sexual misconduct, sexual boundaries, and the impacts of trauma and implicit bias within three months of such appointment and 2) amend provisions relating to the authority of the GCMB to refuse license, certificate, or permit or issue discipline, where a licensee has committed a sexual assault on a patient and 3) require continuing education for physicians on professional boundaries and physician sexual misconduct and 4) require GCMB to develop and identify educational resources and materials for physicians, board members, and board staff to support greater understanding of sexual misconduct, sexual boundaries, and impacts of trauma and implicit bias and 5) require each medical school or osteopathic medical school in good standing with the board to include education and training regarding professional boundaries and physician sexual misconduct for its medical students and 6) require physicians, APRNs, and PAs to report a physician to GCMB if they have reasonable cause to believe that the physician has committed sexual assault on a patient, and anyone who knowingly and willfully fails to do so would be subject to a fine of no less than $1,000 or greater than $5,000 as determined by the provider’s licensing board and could be subject to other disciplinary action at the applicable licensing board's discretion and 7) require GCMB’s annual report to include the number of physicians it investigates for sexual assault and the outcomes of the investigations, including whether the board refused, revoked, or suspended the physicians’ licenses or issued a private or public disciplinary order. MAG is reviewing this legislation, which was assigned to the House HHS Committee. 
Rep. Cooper also introduced a bill (H.B. 474) that would an require physicians to prescribe an opioid antagonist if the amount of the opioid being prescribed is greater than or equal to 50 morphine milligram equivalents. The prescription would have to be accompanied by “written information regarding the temporary effects of the opioid antagonist and techniques for administering the opioid antagonist and a warning that a person administering the opioid antagonist should call 911 immediately after administering the opioid antagonist.” MAG is reviewing this legislation, which was assigned to the House HHS Committee.
Rep. Houston Gaines (R-Athens) introduced a bill (H.B. 509) that would require certain insurers to make at least one reasonably priced comprehensive major medical health insurance policy available to residents in the state without limitation or exclusion based on preexisting conditions if the federal Patient Protection and Affordable Care Act is repealed or invalidated. MAG supports this legislation, which has been assigned to the House Insurance Committee. 
Rep. Marvin Lim (D-Norcross) introduced a bill (H.B. 523) requiring health care providers and insurers to provide good faith estimates of costs and fees to patients upon request. MAG is reviewing this legislation, which has been assigned to the House Special Committee on Access to Quality Health Care.
Sen. Chuck Hufstetler (R-Rome) introduced a bill (S.B. 164) that would modernize Georgia’s HIV laws by 1) aligning services and policies with best public health practices and 2) making certain conduct by an individual who has HIV unlawful if the conduct has a significant risk of transmission. This legislation addresses Georgia laws that were originally implemented in the 1980s, it addresses criminal code changes to require an “intent to harm,” and it updates the “needle exchange law” that was passed in 2019. MAG is watching this legislation, which was assigned to the Senate HHS Committee. 
Sen. Lester Jackson (D-Savannah) introduced a bill (S.B. 170) that would require health benefit policies to provide coverage for expenses incurred in home childbirth, including services provided by certified community health workers. MAG is opposing this legislation, which was assigned to the Senate Insurance and Labor Committee. 
Sen. Gloria Butler (D-Stone Mountain) introduced a bill (S.B. 172) that would authorize appropriations for the purpose of expanding Medicaid under the federal Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act of 2010. MAG is watching this legislation, which was assigned to the Senate Appropriations Committee. 
Finally, Sen. Jen Jordan (D-Atlanta) introduced a bill (S.B. 181) that would reduce out-of-pocket costs for patients requiring insulin. MAG supports this legislation, which was assigned to the Senate HHS Committee.
Recording of virtual ‘Day at the Capitol’ available online    
A recording of the virtual ‘Physicians’ Day at the Capitol’ event that took place on February 17 is now available online. 
The event featured legislators from both parties from the Georgia House and Senate.
MAG’s legislative education seminar to be rescheduled
The Medical Association of Georgia’s 2021 Legislative Education Seminar – which was scheduled to take place at the Brasstown Valley Resort & Spa in Young Harris on May 14-16 – will be rescheduled.
Nearly 70 percent of our members who completed a recent survey said that they would prefer it if MAG postponed the meeting given the ongoing uncertainty surrounding COVID-19.
MAG will distribute details on the new dates and venue as soon as the information is available.
Contact Derek Norton at dnorton@mag.org with questions.
MAG thanks & applauds this week's ‘Doctor of the Day’ volunteers
MAG is thanking and applauding the physicians who served as its ‘Doctor of the Day’ volunteers for the week of February 15, which include…
Andrew Reisman, M.D.
Bruce LeClair, M.D.
James L. Smith, M.D.
MAG Doctor of the Day volunteers work in the Medical Aid Station at the state Capitol. They provide free minor medical care to legislators and their staff.
Go to www.mag.org/dod for additional information on the MAG ‘Doctor of the Day’ program, including logistical details and FAQ. 
MAG’s 2021 legislative priorities

COVID-19 Relief

– Providing relief and assistance for Georgia’s physicians and patients during the COVID-19 pandemic
 
Health Insurance

– Streamlining and improving the prior authorization process

– Promoting insurance coverage of non-narcotic alternative therapies

– Ensuring that patients have access to every physician who is advertised as “in network” for the duration of a contract year to ensure continuity of care

Tax Credits for Uncompensated Care

– Creating tax credits for physicians who provide uncompensated care

Public Health

– Increasing Georgia’s tobacco tax to improve public health

Medicaid

– Continuing to support the process to ensure coverage of the uninsured
 
Scope of Practice

– Addressing scope of practice issues that undermine patient safety

Tort Reform

– Addressing Georgia’s tort environment, including exploring CANDOR (Communication and Optimal Resolution)
Follow MAG at the Capitol 24/7 
Whether you are using a laptop or a tablet or a handheld device, you can always get the latest state legislative news in Georgia by following MAG on Twitter at www.twitter.com/MAG1849, on Facebook at www.facebook.com/MAG1849, or by visiting www.mag.org/advocacy/government-relations
MAG’s Government Relations Team 
Derek Norton – Director
dnorton@mag.org or 404.274.4210  
Bethany Sherrer – Legal Counsel & GAMPAC Manager
bsherrer@mag.org or 404.354.1863  
Christiana Craddock – Legislative Assistant
ccraddock@mag.org or 678.303.9271
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