The gutting of bills continued under the Gold Dome today with legislators turning their focus to Georgia’s Certificate of Need statutes. The House Health and Human Services Committee took up two substitute bills impacting Georgia’s healthcare regulatory framework today, one pushed by Cancer Treatment Centers of America to relax restrictions on its destination cancer facility in Coweta County and another championed by Children’s Healthcare of Atlanta to allow for expansion of pediatric healthcare across the state. While only the latter initiative emerged from the Committee, opportunities for deal-making and hijacking still abound as five Legislative Days remain. Details on the debate and much more in today’s #GoldDomeReport.

In today’s Report:

• House Committee Rejects CTCA, Approves Children’s CON Subs
• Committee Reports
• Rules Calendars for Legislative Day 36

House Committee Rejects CTCA, Approves Children’s CON Subs

As legislators wrapped up work for the week, the House Health and Human Services Committee, chaired by Rep. Sharon Cooper (R-Marietta) took on two major substitutes to Senate bills lingering in the Committee.

SB 31, formerly authored by Sen. Josh McKoon (R-Columbus), was picked up by Sen. Matt Brass (R-Newnan), who inserted the language of his SB 459, coined the Rural Hospital Infusion Plan Act. The bill (and Brass’s substitute to SB 31) would relax Certificate of Need (“CON”) restrictions on Cancer Treatment Centers of America’s (“CTCA”) destination cancer center in Coweta County. Currently, CTCA is limited to a patient mix of at least 65% out-of-state residents and a maximum of 50 beds. CTCA’s proposition would eliminate those limits. Several legislators spoke in favor of the effort, including Chairman Cooper, Rep. Allen Peake (R-Macon), and Rep. Matt Hatchett (R-Dublin), stating that this proposition was about choice for patients. Several legislators also urged caution, including Rep. Rick Jasperse (R-Jasper) and Rep. Don Parsons (R-Marietta).

Rep. Jodi Lott (R-Evans), who stated that she has seen issues with Georgia’s CON laws, offered two amendments. The first, which provided a five-year sunset for the relaxation of restrictions on CTCA, was adopted by the Committee. The second, which would have exempted alcohol, substance abuse, and mental health facilities from CON requirements, failed after several legislators expressed concern about such a substantial change being offered as an amendment without study and discussion. After Chairman Cooper read a message from a Kaiser patient who had received an exception to go to a destination cancer center in Houston, she called the vote on the Committee Substitute, which failed. Rep. Peake moved for reconsideration, which achieved a majority vote, meaning the bill can be called for consideration again at a later date.

SB 81, originally authored by Sen. Renee Unterman (R-Buford), was presented as a substitute that would add a definition for a “co-located children’s bed” in the CON law to allow for the co-location and operation of a pediatric bed by a children’s hospital in an existing adult hospital. David Tatum, Chief Public Policy Officer for Children’s Healthcare of Atlanta, noted that Children’s has been approached by four adult hospitals seeking to have Children’s offer services in their facilities, but under current law, the Department of Community Health is not comfortable allowing it. The bill will allow for facilities to apply for or use existing beds under a CON for partnership with a children’s hospital who will staff and hold the license for such beds. Ethan James of the Georgia Hospital Association noted that the Association was not opposed to the bill since it is not an “erosion of the CON process.” Chairman Cooper committed to not allow amendment to the bill if adopted by the Committee, and the Committee recommended the bill DO PASS and be sent to the Rules Committee.

Committee Reports

Senate Health and Human Services Committee

The Senate Health and Human Services Committee, chaired by Sen. Renee Unterman (R-Buford), met late on Wednesday afternoon to consider three propositions:

• HB 782, authored by Rep. Trey Rhodes (R-Greensboro), is an agency bill that amends Title 16 relating to the prescription drug monitoring program to clean up statutory provisions and improve implementation. Chairman Unterman presented a substitute to the bill that incorporates the language of her SB 352, which, among other things, addresses patient brokering and creates the Commission on Substance Abuse and Recovery. SB 352 was adopted by the Senate but remains pending before the House. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.
• HB 982, authored by Rep. Chad Nimmer (R-Blackshear), amends Title 15 relating to DFCS’s duty to conduct searches for relatives of a dependent child and provides that DFCS may be excused from a continuing duty to search for relatives if within six months of the date of such child's removal from his or her home, that the diligent search efforts by DFCS have not resulted in identification of any relatives or fictive kin who are willing to provide a permanent home for such child. Rep. Nimmer presented a substitute to the bill that included a number of other “clean-up” items requested by the Department. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.
• SR 983, authored by Sen. Matt Brass (R-Newnan), creates a Joint Study Committee on Low THC Medical Oil Access. This Resolution was presented as a substitute that removed the references to “low” with regard to THC oil. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

The Committee also met today to consider one bill. HB 161, authored by Rep. Betty Price (R-Roswell), provides that persons affiliated with a syringe service program are not subject to prosecution for certain offenses relating to distribution of hypodermic needles. Chairman Unterman presented the bill as a substitute that would incorporate her SB 352, which, among other things, addresses patient brokering and creates the Commission on Substance Abuse and Recovery. SB 352 was also attached to HB 782 yesterday. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

Rules Calendars for Legislative Day 36

The House will take up the following propositions on Monday:

• HR 1036 - State of Georgia; fund public awareness campaign in support of computer science education; urge
• HR 1107 - Economic Development, Department of; construct the emerging commercial space industry in Georgia: urge.
• HR 1414 - House study Committee on school Security; create
• HR 1471 - House Study Committee on the Revitalization of the Atlanta State Farmers Market; create
• SB 301 - Access to Digital Assets Act"; enact
• SB 331 - Georgia Lottery for Education Act; winner of lottery prize to remain anonymous under certain conditions; allow
• SB 336 - Georgia Bureau of Investigation; general provision; subpoena issued for production of electronic communication; not provide notice to the subscriber
• SB 342 - Licensing of Motor Vehicles; owner with valid license plate without the required revalidation decal to retain custody of vehicle under certain conditions; permit
• SB 353 - Boilers and Pressure Vessels; violations concerning the regulation; civil enforcement and penalty authority in the Safety Fire Commissioner; establish
• SB 355 - Nuclear Generating Plant; recovery of the costs of financing the construction; provisions; change
• SB 370 - Medical Assistance; commissioner of human services waives the first $25,000 of any estate; provide
• SB 377 - State Workforce Development Board; transfer to Technical College System of Georgia; duties and obligations; revise
• SB 444 - Georgia Alzheimer's and Related Dementias State Plan Advisory Council; create
• SB 458 - Ad Valorem Taxation; conditions; family owned farmed entities; discontinue a qualifying use of bona fide conservation use property; provide
• SR 821 - Cyber Security and Information Technology Innovation Corridor; recognize Savannah

The Senate will take up the following propositions on Friday:

• HB 381 - Abandoned Mobile Home Act; enact
• HB 732 - Crimes and offenses; trafficking an individual for sexual servitude; provisions
• HB 792 - Waste management; sunset date for certain solid waste surcharges and hazardous waste fees; extend
• HB 793 - Sales and use tax; certain aquarium construction; provide exemption
• HB 820 - Revenue and taxation; procedure for counties following a rejection of a tax digest; establish
• HB 852 - Quality Basic Education Act; student's continued enrollment in a public school under certain circumstances; provide
• HB 856 - Board of Public Safety; add commissioner of community supervision
• HB 876 - Buildings and housing; counties and municipalities proscribing the use of wood in the construction of certain buildings when state minimum standard codes are met; prohibit
• HB 897 - Georgia Power of Attorney Act; revise
• HR 279 - Single Parent Day; March 21; designate each year