This is an informal rundown of the legislative happenings. These bills are from the most recent legislative day – 2/16/21, or Day 17.
The House of Representatives passed the following measures:
HB 93 – Rep. Sharon Cooper
LINK → https://www.legis.ga.gov/legislation/58932
WHAT THE BILL DOES:
- Eliminates duplicative code references for regulation of clinical laboratories when it comes to Medicaid and Medicare.
CONCERN: None.
PASSED: 161-0
HB 128 – Rep. Rick Williams
LINK → https://www.legis.ga.gov/legislation/58996
WHAT THE BILL DOES:
- Donned ‘Gracie’s Law’
- would prohibit discrimination against someone with a mental or physical disability by keeping them off of an organ transplant list.
- The bill allows it to be handled in state courts as opposed to the federal courts. (See also: The Americans with Disabilities Act) This is duplicative of federal protections already.
- When this bill was before committee, Williams was asked if it was ‘pre-emptive,’ and Williams said: “We don’t have any proof that any discrimination has ever been done but this is just one of those bills that will be out there to prevent it from happening in case it does ever.”
- It was voted on in 2020 (HB 842) and passed unanimously but stalled in the Senate.
CONCERN: I spoke with 2 people close with this process — one is a special needs parent whose child has been considered for an organ donor list and another who worked in a transplant hospital. Hospitals are the ones who deny organ donor list placement.
This is what the hospital employee said:
I don’t think the author understands the transplant list process. I don’t know of any physician that would refuse a referral to a patient for evaluation. That smacks of a potential malpractice lawsuit. To my knowledge the evaluation and determining factors for getting on the list are all related to surviving the transplant itself and potential organ rejection factors. Mental impairments are not considered as they are covered under the ADA. Physical impairments have to be taken into consideration as it relates to survival and rejection. As for the insurance piece, I can’t speak to how they handle the coverage. Hospitals don’t take that into consideration when placing a patient on the list. They deal with it once a match is found. In other words if you meet the criteria they put you on the list. There is an appeal process if you don’t meet the criteria. Again, all the evaluation and criteria factors are set nationally and overseen by several federal agencies.
PASSED: 166-0
HB 146 – Rep. Houston Gaines
LINK → https://www.legis.ga.gov/legislation/59021
WHAT THE BILL DOES:
- Establishes paid parental leave provisions for public employees
- Would apply to state government employees (legislative, executive and judicial branch) and those employed by local school boards
- Maximum 120 hours (in a one year period) for ‘qualifying events’ after they have worked for 6 months.
- Does not have to be used at once, but can be as needed.
- Qualifying events include: birth of a child, the placement of a minor child for adoption, or the placement of a minor child for foster care
- Cannot be cashed out
CONCERN: This could be problematic for school boards, especially amid the pandemic. 120 hours is 15 work days and not requiring that it be used in a block is more disruptive than consecutive because the employee still has vacation and sick leave, plus FMLA.
PASSED: 146-2 (Gilligan & Singleton)
HB 163 – Rep. Sharon Cooper
LINK → https://www.legis.ga.gov/legislation/59085
WHAT THE BILL DOES:
- Creates a state plan amendment to the to implement express lane eligibility for Medicaid and PeachCare for Kids
- Through the Department of Community Health
- Would use DFCS & SNAP benefit analysis to determine eligibility
- Following the amendment approval by DCH and the feds, the Department of Human Services would then automatically enroll and renew children in Medicaid and the PeachCare for Kids Program
- All based on data maintained by SNAP
CONCERN:
PASSED: 166-0
HB 200 – Rep. Alan Powell
LINK → https://www.legis.ga.gov/legislation/59137
WHAT THE BILL DOES:
- Changes the qualifier of when a Class C license is required for 3-wheeled vehicles from ‘having a steering wheel for directional control’ to seatbelts and a frame that either partially or fully encloses the operator.
- Changes the same definition in Class M (motorcycles)
- Also includes persons in or on the 3-wheeled vehicle from being subject to headgear/helmets and eye gear requirements – which are outlined in OCGA 40-6-315
CONCERN: None. This is less stringent and would require licenses for fewer types of vehicles.
PASSED: 128-35
HB 207 – Rep. John Corbett
LINK → https://www.legis.ga.gov/legislation/59155
WHAT THE BILL DOES:
- Streamlines the process for registering manufacturers, distributors, and dealers of automobile plates to be electronic instead of by US mail
- Also applies to insurance companies that clear a total loss on a damaged vehicle
- Vehicle owners who need replacement titles when there is a lienholder or security interest holder
- Department of Revenue bill
CONCERN: None.
PASSED: 164-0
HB 254 – Rep. Eddie Lumsden
LINK → https://www.legis.ga.gov/legislation/59248
WHAT THE BILL DOES:
- Gives the Office of the Insurance Commissioner more authority, including:
- qualifications for adjusters for the public interest
- Regulation of conduct of adjusters (overly broad)
- Fees not otherwise in the code section to help ‘cover the cost of filings and other administrative costs’ (the limit does not exist for ‘other administrative costs. That creates a solution looking for a problem)
- Regulation of advertisements
- Also adds a new code section to prohibit a person from claiming to be a public adjuster in Georgia unless that person a) has a license or b) is an attorney acting on a loss for an adjuster, or a property/casualty agent is acting on behalf of an adjuster
- Adds a new code section to require that public adjusters must have a written agreement with the state insurance commissioner
- Adds a new code section to prohibit entering into a contract and collecting a commission without intent to actually provide the service
- Adds new code section to cap commission at 33.3% of the policy insurance settlement
- In order to be licensed in the state, this legislation would require a public adjuster to file proof of financial responsibility with respect to transactions with insureds
- Heavily regulates how advertisements for public adjusters must be displayed
CONCERN: While the insurance commissioner is a duly elected position, the fact that Jim Beck was elected and indicted, had to step down, and the Governor appointed one should speak to the notion that Georgians don’t really have a say in who their constitutional officers are. Additionally, making sure the legislative matters go through the legislative branch keeps the constitutional offices, like insurance commissioner, free of partisan politics, which they should be. The more discretion an elected official has to unilaterally do something, the more dangerous they are.
PASSED: 160-3 (David Clark, Gilligan, Singleton)
The Senate passed the following measures:
SB 27 – Sen. Bruce Thompson
LINK: https://www.legis.ga.gov/legislation/59031
WHAT THE BILL DOES:
- Extends the period of time a person in the military must apply for their respective professional license based on military certifications after they are discharged
- current law is 180 days, this extends to 2 years
- Also gives the respective licensing board the discretion to extend up to two more years under certain circumstances that they weigh on a case-by-case basis (such as health, mental health, hospitalization, etc)
PASSED 49-0
SB 43 – Senator Matt Brass
LINK: https://www.legis.ga.gov/legislation/59068
WHAT THE BILL DOES:
- Creates the “Noncovered Eye Care Services Act” and regulates billing for optometrists and ophthalmologists
- Prohibits insurers from requiring doctors to accept payment at the dollar amount dictated by the insurer when the service isn’t covered under the eye care benefit plan
- Prohibits the insurer from telling covered persons that a doctor should or will offer a discount for a service not in the plan
- Prohibits insurers from requiring eye doctors to extend discounts for services not covered in the plan
- Essentially, insurance companies are setting prices and eye doctors would like to charge more and this gives them the ability to do so when the service is not part of the eye care plan
PASSED 50-0
SB 45 – Senator Bruce Thompson
LINK: https://www.legis.ga.gov/legislation/59077
WHAT THE BILL DOES:
- Only applies to military service members
- With the exception of dentists, physicians or osteopaths, state licensing boards would be require to provide a license to any person who is licensed in another state for any trade so long as that person is 1) in good standing in the previous state, holdings a current license, and is up to date on training/continuing education, 2) establishes residency in Georgia, and 3) passes an exam demonstrating basic knowledge of the rules and laws of Georgia specific to that practice/trade/business etc.
CONCERN: Not equitable under the law.
PASSED 37-15
SB 53 – Sen. Chuck Hufstetler
LINK: https://www.legis.ga.gov/legislation/59143
WHAT THE BILL DOES:
- Gives the Georgia Technology Authority the authority to outline website designs for industries and entities under its purview
PASSED 52-0
SB 87 – Sen. Michael Rhett
LINK: https://www.legis.ga.gov/legislation/59285
WHAT THE BILL DOES:
- “Senator Jack Hill Veterans’ Act”
- It has 48 sponsors on it
- Allows Georgians to contribute to a 501(c)3 organization when they file their tax return, instead of receiving funds back
- Organizations would be selected by the state after they submit an application to be considered for receipt of the funds
- Would take effect January 1, 2022.
PASSED: 50-0
