Today marked the 39th day of the 2019 Legislative Session, moving lawmakers one step away from the adjournment Sine Die. Some of the major news of the day was the agreement by the House and Senate on a compromise reform of Georgia’s Certificate of Need (“CON”) program, a hotly debated issue for hospitals and physicians alike. The chambers reached agreement on HB 186, authored by Rep. Ron Stephens (R-Savannah), and HB 321, authored by Rep. Jodi Lott (R-Evans), the two principal bills containing the reform provisions, which now proceed to the Governor’s desk. Under the reform, the CON program remains intact but is modernized to include an increased capital equipment expenditure threshold; provisions related to objections and appeals to CON applications; permission for Cancer Treatment Centers of America to convert to an acute care hospital; and additional transparency provisions for nonprofit hospitals.  HB 321 extends the sunset provision on the hospital provider tax to June 30, 2025, and includes additional transparency provisions for non-profit hospitals. In other weighty news, the House agreed to the Senate Substitute on HB 481, authored by Rep. Ed Setzler’s (R-Acworth), the revision to Georgia’s abortion laws also known as “Living Infants Fairness and Equality (“LIfe”) Act.”

The General Assembly remains in session this evening at our deadline. Follow #GoldDomeReport for continuing updates tonight and when the House and Senate return for Legislative Day 40 on Tuesday, April 2, 2019.

In this Report:

• Chambers Agree on Major Legislation
• Floor Notes

Chambers Agree on Major Legislation

In the waning days of the legislative session, Representatives and Senators work furiously to reconcile differences between different versions of legislation that passed their respective chambers. As adjournment Sine Die approaches, the result of these reconciliations come back to the floors as agrees, disagrees, insists, and conference committees. A number of major bills were agreed to between the two chambers today, including the following. These bills proceed to the Governor’s desk for signature. 

• HB 321, authored by Rep. Jodi Lott (R-Evans). The bill would extend the sunset provision for the hospital Medicaid financing program until 2025. The bill was amended in the Senate to include transparency provisions for non-profit hospitals. The House agreed to the Senate Substitute to the bill by a 50-2 vote.
• HB 481, authored by Rep. Ed Setzler (R-Acworth), is the “Living Infants Fairness and Equality (LIFE) Act,” also known as the “heartbeat bill.” The Senate adopted a substitute that removed certain tax provisions, among other things. The House agreed to the Senate Substitute to the bill by a 92-78 vote.
• SB 48, authored by Sen. P.K. Martin IV (R-Lawrenceville), amends Title 20 to require that all students in kindergarten be screened for dyslexia and provide a framework to identify and address dyslexia in students between kindergarten and grade three, subject to appropriations. The bill also requires development of a handbook by the Department of Education and collaboration in creating professional development opportunities for teachers to help them identify and intervene. The bill includes a two-year pilot program to demonstrate and evaluate the effectiveness of early reading assistance programs for students with risk factors for dyslexia, which is also dependent on appropriation. The Senate agreed to the House Substitute of the bill by a 50-0 vote.
• SB 60, authored by Sen. P.K. Martin IV (R-Lawrenceville), is intended to help educate coaches and teachers about the threat of sudden cardiac arrest. The bill requires schools to post information on the warning signs of sudden cardiac arrest, hold an informational meeting for parents, and obtain informed consent before participation in sports. The bill also creates a protocol for responding to students who faint or pass out while participating in sports, and it requires medical clearance before a student who passes out or faints returns to participation. The Senate agreed to the House Substitute of the bill by a 53-0 vote.
• SB 108, authored by Sen. P.K. Martin IV (R-Lawrenceville), amends Title 20 to require that middle and high schools offer computer science courses over a three-year implementation period. The Substitute considered by the House today also requires the courses be offered through the Georgia Virtual School, which may be used to satisfy the requirement for schools without qualified instructors. The bill also provides for professional development for instructors, funding for which has been included in the FY 2020 Budget. The Senate agreed to the House Substitute of the bill by a 52-0 vote.
• SB 168, by Sen. Greg Kirk (R-Americus), is the fix from 2018 of the Nurse Compact in Chapter 26 of Title 43. The legislation last year added language to the Compact which rendered it void. Thus, this bill repeals that language so as to allow Georgia to participate in the Nurse Compact. The bill was amended in the House to include language from Rep. Jon Burns (R-Newington) addressing APRNs with multi-state licenses. The Senate agreed to the House Substitute of the bill by a 52-0 vote.
• SB 207, authored by Sen. Dean Burke, MD (R-Bainbridge), addresses licensing of physicians and renames the Georgia Board for Physician Workforce as the Georgia Board for Health Care Workforce. A Substitute adopted by the House Health and Human Services Committee addresses the Board membership, describing the new Board membership which is different from what the Senate proposed. It contains APRN, dental, physician’s workforce, consumer and physicians on this Board. The Senate agreed to the House Substitute of the bill by a 51-0 vote.

Floor Notes

The House voted on the following legislation of interest today:

• HR 585, authored by Rep. Carl Gilliard (D-Garden City), creates the House Study Committee on Gang and Youth Violence Prevention. The Study Committee will review the resources available for the prevention of gang and youth violence is needed to determine the sufficiency of available resources and to provide for a greater synergy of resources. The House voted to adopt the resolution 147-6, which constitutes final adoption.
• HR 589, authored by Rep. Mark Newton (R-Augusta), creates the House Study Committee on Maternal Mortality. The Study Committee will develop strategies and institute systemic changes to decrease and prevent maternal deaths in Georgia. The House voted to adopt the resolution 170-1, which constitutes final adoption.
• HR 590, authored by Rep. Karen Bennett (D-Stone Mountain), creates the House Study Committee on Georgia's Barriers to Access to Adequate Health Care. The Study Committee will study the benefit of improved awareness and early diagnosis of Pediatric Acute-Onset Neuropsychiatric Syndrome and Pediatric Autoimmune Neuropsychiatric Disorder Associated with Streptococcal among medical providers; examine comprehensive medical and behavioral health services for those suffering from this serious autoimmune disorder which have been demonstrated to have a positive impact on medical outcomes and reduced burdens on patients, families, providers, and society; and identify barriers to insurance-based care for children with PANS and PANDAS and their families. The House voted to adopt the resolution 148-3, which constitutes final adoption.
• SB 108, authored by Sen. P.K. Martin IV (R-Lawrenceville), amends Title 20 to require that middle and high schools offer computer science courses over a three-year implementation period. The Substitute considered by the House today also requires the courses be offered through the Georgia Virtual School, which may be used to satisfy the requirement for schools without qualified instructors. The bill also provides for professional development for instructors, funding for which has been included in the FY 2020 Budget. The House passed the bill by a 163-3 vote, and the Senate agreed to the Substitute. The bill moves to the Governor’s desk.
• SB 115, authored by Sen. Renee Unterman (R-Buford), seeks to address the licensure of physicians from outside of the state to practice telemedicine in Chapter 34 of Title 43. The House passed the bill by a 161-2 vote, and the Senate agreed to the Substitute which addresses vaccine protocol agreements. The bill moves to the Governor’s desk.
• SB 117, authored by Sen. Ellis Black (R-Valdosta), amends Title 47 to prohibit the passage of any law, rule, regulation, resolution, or ordinance that allows for creditable service in a state retirement system that does not require an individual to pay the full actuarial cost of obtaining such creditable service. The House passed the bill by a 161-2 vote, and the bill returns to the Senate for further consideration.

The Senate voted on the following legislation of interest today:

• HB 12, authored by Rep. Rick Williams (R-Milledgeville), amends Title 20 to require all public schools to post a sign containing the toll-free number operated by the Division of Family and Children Services of the Department of Human Services to receive reports of child abuse and/or neglect. The Senate passed the bill by a 46-1 vote, and the bill proceeds to the Governor’s desk.
• HB 187, authored by Rep. Katie Dempsey (R-Rome) amends Title 31 to require DCH create a three-year pilot program to provide coverage for the treatment and management of obesity and related conditions under a state health insurance plan. The pilot program, which will be limited to 250 participants, will provide coverage for all FDA-approved medications for chronic weight management, as well as obesity prevention, screening, and counseling benefits. The bill also allows DCH to enter into an agreement with a postsecondary institution for pilot program management, data collection, patient engagement, and other activities related to the pilot program. The Senate passed the bill by a 47-2 vote, and the bill proceeds to the Governor’s desk.
• HB 242, authored by Rep. Lee Hawkins (R-Gainesville), provides for the regulation of massage therapy education programs. It also defines what is a "massage therapy business." There are also requirements for the State Board overseeing this profession such as: it requires it to periodically evaluate board recognized educational programs and develop and enforce standards for continuing education courses required of licensed massage therapists. It further requires licensed massage therapists to maintain liability insurance. The Senate passed the bill by a 51-3 vote, and the bill returns to the House for further consideration.
• HB 324, authored by Rep. Micah Gravley (R-Douglasville), is the “Georgia’s Hope Act”. The bill amends Title 16 to create the Office of Low THC Oil Control within the Department of Public Health which is to have the authority to issue licenses for the production, growing, manufacturing, and dispensing of low THC oil. The Senate passed the bill by a 44-8 vote, and the bill returns to the House for further consideration.
• HB 472, authored by Rep. Bert Reeves (R-Marietta), is a bill addressing Georgia’s readiness for implementation of the Family First Prevention Services Act in Chapter 11 of Title 15. The Senate passed the bill by a 50-0 vote, and the bill returns to the House for further consideration.
• HB 478, authored by Rep. Mandi Ballinger (R-Canton), seeks to make changes so as to make changes to the Child Abuse Registry.  It strikes juveniles from the registry (it is a registry for those who have a substantiated abuse against them - separate from criminal prosecution); clarifies language; changes the format and allows notification before placement on the registry and an appeal and delineates what must be sent to the individual; permits a stay in a criminal prosecution in concert with case for substantiated abuse; and outlines requirements before an Administrative Law Judge. The Senate passed the bill by a 51-0 vote, and the bill returns to the House for further consideration.
• HB 540, authored by Rep. Trey Rhodes (R-Greensboro), amends Title 33 to add to the list of tax categories eligible for an offset by the housing tax credit. The bill was amended in the Senate to add the language from SB 56, Sen. Chuck Hufstetler’s (R-Rome) “Consumer Coverage and Protection for Out-of-Network Medical Care Act” aimed at curbing balance billing. The Senate passed the bill by a 50-0 vote, and the bill returns to the House for further consideration.