With visions of getting out of Atlanta and back to their home districts before traffic set in, legislators worked quickly today to put a cap on a full legislative week. Still, the House took up several weighty measures, including HB 987, Rep. Sharon Cooper’s (R-Marietta) comprehensive update to the Disabled Adults and Elder Persons Protection Act (passed by 160-1 vote); HB 842, Rep. Rick Williams’s (R-Milledgeville) “Gracie’s Law” that bars discrimination against potential organ transplant recipients due solely to the disability of the recipient (passed by 160-0 vote); and HB 752, Rep. Dave Belton’s (R-Buckhead) bill to clean up background check provisions for physical therapists and psychologists (passed by 155-1 vote). Several committees also met as representatives and senators press to have their legislation heard as Crossover Day nears. Whether you are staying near or going far, wrap up your week with all the details in today’s #GoldDomeReport.

In today’s Report:

• Committee Reports
• New Legislation
• Rules Calendars for Legislative Day 22

Committee Reports

House Special Committee on Access to Quality Health Care

The House Special Committee on Access to Quality Healthcare, chaired by Rep. Mark Newton (R-Augusta), met to consider several measures this morning. First, it passed HB 952, authored by Rep. Sharon Cooper (R-Marietta), which amends Title 26 to prohibit corporations that own and operate multiple pharmacies from implementing policies and procedures that restrict the quantity of controlled substances dispensed as prescribed. The bill still allows an individual pharmacist to use his or her professional judgment to refuse to fill prescriptions that cause concern. The legislation was aimed at Walmart and supported by the Medical Association of Georgia.

The Committee then unanimously passed in rapid succession HB 888, Rep. Lee Hawkins’s (R-Gainesville) surprise billing proposal; HB 916, Rep. Cooper’s bill limiting pharmacy audits; HB 946, Rep. David Knight’s (R-Griffin) legislation more intensely regulating pharmacy benefit managers; and HB 947, Rep. Knights bill requiring an actuarial study of the use of pharmacy benefit managers by the Department of Community Health in the Medicaid program and the State Health Benefit Plan. Passage followed days of intense hearings over two years about surprise billing and PBM practices steering business to their owned pharmacies and not passing on rebates they receive to a patient’s deductible. The surprise billing legislation primarily limits individual provider balance billing by out of network providers and sets the amount of reimbursement to an out of network provider to the average negotiated prices by insurers  for in network providers in an area. It does limit balance billing to the patient by a provider or facility to consumers who may only be charged their policy’s copayment or coinsurance.

Senate Insurance and Labor Committee — SB 313 Subcommittee

The SB 313 Subcommittee of the Senate Insurance and Labor Committee, chaired by Sen. Larry Walker (R-Perry), met again this morning to consider a new substitute to the bill. The Subcommittee reviewed LC 33 8317S presented by the bill’s author, Sen. Dean Burke (R-Bainbridge). According to Sen. Burke, this version includes clarification on the definition of “rebate”; removal of language relating to contract positions for PBMs and reporting to the Composite Medical Board; changing a number of “shalls” to “mays” in the section relating to responsibilities and duties of the Department of Insurance; clarification of illegal discounts and vouchers to reflect CMS’s interpretation; removal of section on fiduciary duties; and clarification that federal law or regulation usurps the bill’s provisions. Sen. Burke also spoke to an updated fiscal note, noting that it anticipates the costs of activities that were required of the Department of Insurance in a previous version of the bill but are now optional (the changed “shalls” to “mays”). As such, he said that those costs may no longer be incurred, and the bill will likely result in an actual $10-15M savings to the State.

Sen. P.K. Martin (R-Lawrenceville) proposed an amendment to the bill relating to rebates and spread pricing that would allow health plans the option to receive all rebates or participate in spread pricing and provide for reporting to the Department of Insurance on these elections. He proposed a second amendment that imported language from the Senate’s surprise billing bill that would exempt ERISA plans from the law and limit its coverage to plans under the jurisdiction of the Department of Insurance. Sen. Burke stated that he did not anticipate any amendments in today’s meeting and thought that discussions could continue without the amendments being made at this point. Chairman Walker suggested that Sen. Martin propose the amendments in the full Committee.

Sen. Martin moved to suspend the rules of the subcommittee to allow the Chair to act as a regular member for the purpose of seconding a motion, and the Subcommittee agreed to suspend the rules for that purpose. On the motion that the Subcommittee recommend the bill Do Pass, Sen. Martin then moved that his first amendment be adopted. The motion failed for lack of a second. The Subcommittee recommended the bill Do Pass as presented by Sen. Burke and be sent to the full Committee.

House Health and Human Services Committee

The House Health and Human Services Committee, chaired by Rep. Sharon Cooper (R-Marietta), met to consider three bills today:

• HB 791, authored by Sen. Ron Stephens (R-Savannah), amends Title 26 to allow a pharmacist to dispense up to a 90-day supply of a maintenance medication prescribed by a physician unless dispensing an initial amount with periodic refills is medically necessary. The provision will not apply to Schedule II, III, IV, or V controlled substances. The Medical Association of Georgia expressed support for the version of the bill before the Committee, and the Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 1054, authored by Chairman Cooper, amends Title 31 to revise provisions relating to newborn screening for various disorders and to create the Newborn Screening and Genetics Advisory Committee to review and make recommendations to the Department of Public Health when a new disorder is added to the federal Recommended Uniform Screening Panel. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• SB 345, authored by Sen. Kay Kirkpatrick (R-Marietta), amends Title 26 to revise public health requirements for food items prepared by nonprofit organizations. The bill is promoted by MUST Ministries, which provides lunches for children over the summer when school is out. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Regulated Industries Committee — Occupational and Professional Licensing Subcommittee

The Occupational and Professional Licensing Subcommittee of the House Regulated Industries Committee, chaired by Rep. Jason Ridley (R-Chatsworth), met this afternoon to consider multiple measures.

• HB 956, authored by Rep. Dave Belton (R-Buckhead), provides for Georgia’s entry into a Speech Language and Audiology Compact. Rep. Michael Caldwell (R-Woodstock) asked if this bill makes any changes to state licensure standards. Rep. Belton explained that these standards will be the same. The subcommittee recommended the bill DO PASS and be sent to the full Committee.
• HB 996, authored by Rep. Sharon Cooper (R-Marietta), revises a definition within the Georgia Cosmetic Laser Surgery Act. The subcommittee recommended this bill DO PASS and be sent to the full Committee.
• HB 910, authored by Rep. Karen Mathiak (R-Griffin), enacts the Georgia Certified Midwife Act. Rep. Mathiak began by explaining the practice of midwifery along with the current legal situation in Georgia in which midwifery violates Code. Rep. Mathiak continued by explaining that this bill will help Georgia’s maternal mortality crisis by increasing the number of providers for healthy pregnancies. Rep. Mathiak addressed concerns about education requirements for midwives and noted that the new substitute ensures midwives will not be able to practice beyond their approved scope. The committee heard extensive testimony from both proponents and opponents of the bill. Chairman Ridley noted that the subcommittee would not take action on the bill today and would continue dialogue to improve the legislation.

House Retirement Committee

The House Retirement Committee, chaired by Rep. Tommy Benton (R-Jefferson), met today and considered one bill of note. HB 336, authored by Rep. Shaw Blackmon (R-Bonaire), amends Title 47 to allow certain retired educators to return to work in certain circumstances. Specifically, the substitute bill considered by the Committee would allow retirees to return to full-time work after one year of retirement in one of three “areas of highest need” designated for the applicable RESA. Area of highest need is to be determined annually for each RESA by the Department of Education and with consultation with the Professional Standards Commission. based on a five-year average of survey data reported by local school districts. The substitute bill provides a sunset in 2025, and the Committee recommended the bill DO PASS and be sent to the Rules Committee.

New Legislation

The following legislation of interest was introduced in the House today:

• HB 1055, authored by Rep. Rick Jasperse (R-Jasper), amends Title 20 to provide for the ability of home school students to participate in certain extracurricular activities at their resident school. The bill sets qualifying provisions for these students including submission of annual progress reports and the successful completion of an online course. The bill also prevents students who withdraw from public schools from participating in these activities within 12 months of their withdrawal. This bill was referred to the House Education Committee.
• HB 1059, authored by Rep. Ginny Ehrhart (R-Marietta), amends Title 20 to make changes to Georgia’s Special Needs Scholarship. Specifically, the bill adds “physical or mental impairment or a record of such an impairment” to the list of qualifying conditions for the scholarship. The bill also extends the prior school year attendance requirement to cover pre-school special education. The bill also opens the program to students adopted or placed in a permanent guardianship from foster care. The bill also provides for transparency requirements relating to parent satisfaction surveys. This bill was referred to the House Education Committee.
• HB 1060, authored by Rep. Ginny Ehrhart (R-Marietta), amends Title 31 in multiple Code sections to prevent health care professionals from performing any procedure or practice on a minor “for the purpose of attempting to affirm the minor’s perception of such minor’s sex.” This bill was referred to the House Health and Human Services Committee.
• HB 1063, authored by Rep. Sam Park (R-Lawrenceville), amends Title 49 by adding a new Code section at O.C.G.A. § 49-4-159 to prevent a Medicare/Medicaid dual enrollee from having their Medicaid enrollment terminated without a manual review determining if said individual is no longer able to receive Medicaid benefits. This bill was referred to the House Health and Human Services Committee.
• HB 1064, authored by Rep. Derrick Jackson (D-Tyrone), amends Titles 16, 20, and 31 to increase the minimum age of tobacco sales to 21. This bill was referred to the House Regulated Industries Committee.
• HB 1065, authored by Rep. Michael Smith (D-Marietta), amends O.C.G.A. § 20-2-210 (b)(5) to allow a teacher that has satisfied requirements for the number of accepted school year contracts--and has received a “Needs Development” or “Ineffective” on their annual review--to request an alternative evaluator for their next evaluation period. This bill was referred to the House Education Committee.
• HB 1068, authored by Rep. Chuck Efstration (R-Lawrenceville), amends O.C.G.A. § 19-7-3.1 to update statutory forms for individuals that are petitioning to be adjudicated an equitable caregiver for a child. The update includes language stating the petitioner must demonstrate the child will suffer long-term emotional or physical harm and continuing the relationship is in the best interest of the child. This bill was referred to the House Juvenile Justice Committee.

The following legislation of interest was introduced in the Senate today:

• SB 455, authored by Sen. Brandon Beach (R-Alpharetta), amends subsections (a) and (c) of O.C.G.A. § 21-2-216 to allow a 17 year old to vote in a political party primary provided they turn 18 on or before the date of the ensuing general election. This bill was referred to the Senate Ethics Committee.
• SB 456, authored by Sen. Zahra Karinshak (D-Duluth), amends O.C.G.A. § 20-30-680 and O.C.G.A. § 20-4-11.1 to provide that part time students of the University System of Georgia and the Technical College System of Georgia, respectfully, shall be charged based on a per credit hour rate. This bill was referred to the Senate Higher Education Committee.
• SB 457, authored by Sen. Nan Orrock (D-Atlanta), creates a new Article in Title 20 to require the Board of Regents to waive special institutional fees for graduate teaching assistants and graduate research assistants. This bill was referred to the Senate Higher Education Committee.
• SB 458, authored by Sen. Lindsey Tippins (R-Marietta), amends multiple Code Sections in Title 40 to authorize local boards of education to use speed detection devices and red light cameras in school zones. The bill sets parameters for the times these may be employed along with mandatory signage to accompany their implementation. This bill was referred to the Senate Public Safety Committee.
• SR 846, authored by Sen. Larry Walker (R-Perry), commends the Multi-Agency Alliance for Children and recognizes February 28, 2020 as MAAC day at the capitol. This resolution was Read and Adopted by the Senate.

Rules Calendars for Legislative Day 22

The House is expected to take up the following measures on Monday for Legislative Day 22:

• HB 486 — Professions and businesses; power and duties of the Division of Electrical Contractors as to the approval of continuing education courses; change (Substitute)(RegI-Washburn-141st)
• HB 578 — Human Services, Department of; review of certain law enforcement conviction data with regard to persons seeking to become volunteers, interns, students, or employees; provide (Substitute) (H&HS-Dempsey-13th)
• HB 816 — Professions and businesses; chiropractors may own professional corporations with physicians; provide (RegI-Mathiak-73rd)
• HB 823 — Crimes and offenses; lifetime disqualification from operating a commercial motor vehicle by persons convicted of trafficking other persons for labor or sexual servitude; provide (Substitute)(MotV-Gaines-117th)
• HB 861 — Motor vehicles; commercial carriers; amend certain definitions (MotV-Wiedower-119th)
• HB 900 — Special license plates; logo design issued to support breast cancer related programs; amend (MotV-Silcox-52nd)
• HB 914 — Professions and businesses; military spouses licensed in other states to practice certain professions and occupations in this state; provide (Substitute)(GAff-Clark-147th)
• HB 968 — Civil practice; clarify actions that may be brought pursuant to Code Section 9-3-51 regarding deficiencies in connection with improvements to realty (Substitute)(Judy-Efstration-104th)
• HB 972 — Public utilities and public transportation; penalties for violations of pipeline safety standards and regulations prescribed and enforced by the Public Service Commission; provide (Substitute)(EU&T-Houston-170th)
• HB 1003 — Ogeechee Judicial Circuit; provide additional judge of the superior courts (Judy-Burns-159th)

The Senate is expected to take up the following measures on Monday for Legislative Day 22:

• SB 271 — Law Assistants; rename as law clerks and staff attorneys (RET-18th)
• SB 301 — Detainers; inmates charged with subsequent felony offenses under sentence and in custody; temporary custody provisions; revise (Substitute) (PUB SAF-19th)
• SB 351 — Secretary of State; nonbinding, advisory referendum election; continue the advancement of time from standard time to daylight saving time; provide (GvtO-1st)
• SB 373 — Nonprofit Corporations; directors and officers of electric membership corporations and foreign electric cooperatives; provisions; change (JUDY-18th)
• SB 374 — Final Remedes and Special Proceedings; new requirements under the “Georgia Civil Practice Act” for settlement offers and arrangements; revise and provide (I&L-18th)
• SB 393 — Law Enforcement Officers and Agencies; duties and powers; revise; campus police and other security personnel of the university system; arrests for felony offenses (Substitute) (PUB SAF-17th)
• SB 396 — State Symbols; pecan as the official state nut; designate (AG&CA-20th)
• SB 435 — “The Debbie Vance Act”; court imposing sentence may grant the relief of vacatur for convictions and sentences of defendants; provide (Substitute) (JUDY-17th)