This is an informal rundown of the legislative happenings. These bills are from the most recent legislative day – 3/25/21, or Day 38.
SB 6 – Sen. John Albers
LINK → https://www.legis.ga.gov/legislation/58884
WHAT THE BILL DOES:
- Working off of LC 43 2012S – Substitute as passed House Committee
- This was solely on tax credits but language from House Bills has been added in
- Albers’ tax credit language requires good faith estimates on the economic impact of tax credits outward looking for 5 years, to include revenue changes, net change in public benefit, etc.
- Allows House Ways & Means committee and Senate Finance to request up to 5 economic analyses each year from Department of Audits & Accounts
PASSED: 152-14
SB 28 – Sen. Bo Hatchett (Reeves)
Passed the Senate: 49-0
LINK→ https://www.legis.ga.gov/api/legislation/document/20212022/200865
WHAT THE BILL DOES:
- Defines a ‘juvenile court intake officer’ as a juvenile court judge, associate juvenile court judge, court service worker, or JJ staff member in “delinquency or child in need of services proceedings”
- Requires that a ‘juvenile court intake officer’ who is exercising the authority to remove a child take 2 hours of training each year beginning the year after the initial year in which they take 8 hours of training (current law is 8, no continuing ed in place)
- Expands the definition of ‘sexual exploitation’ under OCGA 15-11-2 (Juvenile Code) to also include ‘sexual servitude’ while striking ‘prostitution’ (under the presumption that a juvenile cannot consent to be a prostitute)
- Allows a temporary alternative to foster care (under OCGA 15-11-133.1) when a child is removed from a home to include a voluntary agreement/order between DFCS and the parents/guardian
- Also allows the same type of temporary alternative to include no contact of the child by the parent/guardian or a requirement to comply with agreement of voluntary temporary placement or other conditions like ‘give proper care to the home,’ ‘ensure child goes to school’
- Allows hearsay evidence in a hearing for determining case plan and emergency plan of a child
- Redefines ‘abandonment’
PASSED THE HOUSE: 123-46
SB 75 – Sen. Kim Jackson (Rep. Houston Gaines)
Passed the Senate: 48-0
LINK→ https://www.legis.ga.gov/legislation/59226
WHAT THE BILL DOES:Allows a person who has a civil or criminal stalking order in effect against another individual to break their residential lease without penalty
PASSED THE HOUSE: 158-0
SB 80 – Sen. Kay Kirkpatrick
LINK → https://www.legis.ga.gov/legislation/59240
WHAT THE BILL DOES:
- Working off of LC 46 0484S
- “Ensuring Transparency in Prior Authorization Act”
- Replaces code section: 33-46-1. for legislative intent to be construed liberally in the interest of consumer protections
- Replaces new code section: 33-46-2 to denote that the code section covers ‘private review agents,’ all health insurers and stand-alone dental plans if they provide accident and sickness insurance products, DCH contracts, pharmacy benefits managers, and all other “entities and contracts” applicable
- Changes OCGA 33-46-4 to define adverse determination (when a procedure of a covered person is deemed not medically necessary), ‘authorization,’ ‘care management organization,’ ‘clinical criteria,’ ‘covered person,’ ’emergency healthcare services,’ facility, a number of ‘health care’ related terms, and ‘medical necessity.’
- ‘Medically necessary’ is defined as what a doctor believes is required for preventing, diagnosing, or treating an illness, injury, or disease in accordance with standard practice and without consideration of the best interest of the insurance company
- Amends OCGA 33-46-6 to require production of documentation of protocols for appeal and reconsideration
- Adds OCGA 33-46-20 to require insurers to make prior authorization requirements available on their websites and justification for an adverse determination must be given to the healthcare provider when the procedure/care is denied for coverage
- Requires the insurer to update the public website on prior authorizations before it can amend prior authorization protocol
- Requires insurance companies to post stats on approval %, reason for denial, time between submission & response, etc.
- Requires adverse determinations by insurers to be made by a doctor, dentist, etc
- Insurance company must give at least 72 hour notice for covered person’s physician to discuss necessity of care/procedure before it is officially denied
- Requires appeals to insurers to be reviewed by doctors, dentists, other licensed medical professionals, etc
- Prohibits preauthorization for emergency ambulance care
- Failure to comply with deadlines (by the insurer) results in automatic approval of the care/service/procedure
PASSED THE HOUSE: 167-0
SB 153 – Sen Greg Dolezal
LINK → https://www.legis.ga.gov/legislation/59588
WHAT THE BILL DOES:
- “Graduation Opportunities and Advanced Learning (GOAL) Act”
- No mention if this is a substitute, but as passed Senate is LC 49 0482S (SCS)
- This allows for additional funding for the charter schools in addition to QBE
- Per Jan Jones in Rules: Takes 3 collaborative alternative schools (Charter Schools) and moves them over to the State Board of Education to help them with the General Assembly with the hope of making them sustainable long term, also make them replicable
- Jones said all parties are in agreement
PASSED THE HOUSE: 105-59
SB 165 – Sen. Steve Gooch (Hogan)
Passed the Senate: 48-0
LINK→ https://www.legis.ga.gov/api/legislation/document/20212022/200618
PREVIOUS: https://www.legis.ga.gov/legislation/59626
WHAT THE BILL DOES:
- Amends OCGA 40-8-4 to allow:
- amber strobe lights or a specified emblem for low-speed vehicles
- County tag agents are responsible for issuing the low speed permits at registration point
PASSED THE HOUSE: 166-0
SB 193 – Sen. Jeff Mullis (Cameron)
Passed the Senate: 52-0
LINK→ https://www.legis.ga.gov/legislation/59749
WHAT THE BILL DOES:
- Adds to OCGA 48-5-492 as a duty of inspection of mobile homes to clarify the inspection pertains to counties which elect to require mobile homes to display a decal
- Current law requires the inspection by the local governing body regardless of whether or not they require mobile homes to display the decal.
PASSED THE HOUSE: 163-1
SB 195 – Sen. Jeff Mullis
Substitute LC 441755S
LINK → https://www.legis.ga.gov/legislation/59747
- Senate version was Hemp farming legislation
- Per Kelley in Rules: Incorporates HB 601 *unanimous in House* to allow CBD products regulated by FDA to be used in House and HB 645 which is update to cannabis laws (also unanimous House bill)
- Language of SB 195 is in a house bill that was taken up in the Senate, so the bill is a vehicle bill not needed, per Kelley in Rules
PASSED: 165-1
SB 202 – Sen. Max Burns
Passed the Senate:
LINK→ https://www.legis.ga.gov/api/legislation/document/20212022/201121
WHAT THE BILL DOES:
Elections Overhaul Measure –> Read the full breakdown of what’s in the bill here.
PASSED THE HOUSE: 100-75
SB 218 – Sen. Larry Walker (Efstration)
Passed the Senate: 51-1 (Cowsert)
LINK→ https://www.legis.ga.gov/legislation/59915
WHAT THE BILL DOES:
- Strikes language that requires a public official indicted to continue to receive their compensation until acquitted or convicted
- A Rules Substitute of this bill was introduced at the last minute and language may vary
PASSED: 101-66
SB 234 – Sen. John Kennedy (Leverett)
Passed the Senate: 49-2 (Au & Jordan)
LINK→ https://www.legis.ga.gov/legislation/59965
WHAT THE BILL DOES:
- “Georgia Uniform Mediation Act”
- Creates a new code section – OCGA 9-17-1. to define mediator, mediation, mediation communication, mediation party, non-participant party, person, proceeding, and what it means to ‘sign’.
- Creates OCGA 9-17-2 to dictate that the bill applies to court order/agency ordered mediations, for mediation under privileged disclosure, and when a third party mediator is used.
- Does not apply to collective bargaining negotiations, when the mediation is conducted by a judge and that judge will make a ruling, or when the mediation activities involved students or correctional institution inmates under the age of 18
- Dictates that privileged mediation rules do not apply if all of the parties acknowledge on the record before the mediation that part or all of the mediation is not privileged
- Otherwise, mediation communication is not subject to discovery or admissible unless otherwise waived by the party
- A mediating party, a mediator, and a non-party participant all have the ability to refuse to provide information for the aforementioned reason
- This would not apply to other evidence that would otherwise be admissible. (Ex: public records used in mediation would not become privileged and inadmissible just because they were used as part of the mediation process)
- Also excludes a threat or statement to impose bodily injury or commit an act of violence, with misconduct on the part of the mediator, to prove or disprove child abandonment, or when the court determine the need for waiving privilege outweighs the privilege (like a felony or a defense to avoid liability)
- The privilege can be waived if it is done so by all parties
- Someone who uses mediation to plan, attempt to commit, or commit a crime is not allowed to waive privilege
- Prevents the mediator making reports, testimony, communications, etc with the court if the court may make a ruling on the matter. Mediator is limited to saying whether a settlement was reached, o mediation communication evidencing abuse/neglect, etc of an individual to a public agency responsible for protecting the individual against that kind of mistreatment (DFCS)
- If a mediator makes an improper statement or one in violation of the new code, it cannot be considered by the court
- Stipulates explicitly that as soon as a mediator is brought in/sought, the mediator should act swiftly to evaluate re: past relationships, possible conflicts and inform the parties of any issue as early as possible.
- Effective July 1, 2021
PASSED THE HOUSE: 159-6
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