Governor Lowers Revenue Estimates
March 11, 2010
Greetings from the Gold Dome! Lawmakers scratched their heads a little harder today – the Governor lowered his revenue estimates for the FY 2010 Amended and FY 2011 Budgets.
In the revised estimate, Governor Perdue reduced the revenues by approximately $343 million for the FY 2010 amended. He replaced State fund reductions with $343 million from ARRA 2009 funds, which were originally proposed to be included in the FY 2011 Budget. Revenue estimate reductions for FY 2010 Amended make reductions to the Department of Education, Technical Colleges and the University System.
For the FY 2011 Budget, Governor Perdue estimated revenues to be approximately $18 billion as his Budget was originally presented; however, he has now dropped the revenue estimate to $17.7 billion.
The Governor's newly proposed plans are to take out the hospital and managed care provider fees in the amount of approx $345 million. Rather, he is now proposing getting fee increases of $96 million from various sources; and lifting the sales tax exemption on "certain" hospitals for $130 million. He further made a number of other adjustments which include the rate increases associated with hospital provider fee and CMO fees for approx $71 million. He also proposed to reduce the provider rates (with some exclusions for instance to the CSBs and home and community based services) by 10.25 percent to get $144 million. The proposal now reduces agencies by three percent, excluding Medicaid and PeachCare. His newest ideas reflect clawbacks by reducing Medicaid funds in Aged, Blind and Disabled Program for $84 million savings. It also proposes reductions to contracts in the Department of Community Health by approximately $24 million.
News from the Department of Community Health is that its Commissioner, Rhonda Medows, M.D., has resigned effective March 31, 2010. Her replacement will be the current Chief of Staff, Carladenise Edwards, Ph.D. Russell Crutchfield, the present lobbyist for the Department will be elevated to the Chief of Staff position.
Floor News
Senate
SB 173, by Sen. Bill Hamrick (R-Carrollton), passed 50 to zero without real discussions. It amends current law concerning the Criminal Justice Coordination Council. It clarifies that Council members will not receive compensation for any Council meeting days but does permit actual mileage reimbursement for use of their personal cars (or public transit costs) at the legal mileage rate. It also now proposes that the Council may administer grants, gifts, and donations.
SB 346, by Sen. Chip Rogers (R-Woodstock), passed with a vote of 54 to zero. This overhauls Georgia's laws on ad valorem taxation.
SB 388, by Sen. Jim Butterworth, passed 52 to zero. It permits that when any State law authorizes or directs an officer or agency to publish any matter, then that publication may be made in printed or electronic format.
SB 389, also by Sen. Jim Butterworth, passed with a vote of 52 to zero. It amends Georgia's law known as the "Transparency in Government Act" found in Title 50, including a new definition for the term "agency" which will now mean A) each department, commission, authority, and agency of state government; (B) the Board of Regents of the University System of Georgia; (C) any regional educational service agency; (D) The General Assembly, including all legislative offices and agencies; and (E) local boards of education.
Two bills dealing with juvenile and their treatment in justice system passed. SB 391 and SB 400 both cleared the Senate.
SB 409 was tabled by Sen. Chip Rogers (R-Woodstock). It would grant a tax exemption for raw forest product.
Sen. David Shafer (R-Duluth) moved that SR 821 be removed from the table. It deals with multi-year contracts for State Department of Transportation contractors. However, just prior to adjourning for the day, the Resolution was again placed back on the table.
House
Rep. Mike Coan (R-Lawrenceville) explained HB 1101 to the House. HB 1101 provides for the publication of decisions of the board as well as providing for the entry and execution of judgment upon final orders and decisions regarding the Self-insurers Guaranty Trust Fund. Further, it modifies the notification period for revocation of a certificate of self-insurance and revises provisions relative to the Self-insurers Guaranty Trust Fund. Finally, it provides immunity from liability for members of the board of trustees of the Self-insurers. This Bill passed handily, 161 to zero.
HB 1050, authored by Rep. Tommy Benton (R-Jefferson), passed the House 155 to 5. HB 1050 gives the Georgia Real Estate Appraisers Board the authority to regulate and discipline the Real Estate Appraisal Management Companies that do business in this State. It allows the Board to establish standards for the operation of appraisal management companies and requires such companies to register with the Board. It also requires the appraisal management companies to designate as a managing principal an individual who holds a certified residential real property classification, as determined by the Board.
HB 927, authored by Rep. Mike Jacobs (R-Atlanta) on brought on more debate than any other bills on the rules calendar. HB 927 would expand and clarify the definition of ‘bullying,’ and allows remedial action to be taken in any grade level (not just six through 12). The Bill reiterates that local school systems have discretion to transfer a student for bullying. The Department of Education would be required to develop a model bullying policy which requires a process to notify parents of incidents of bullying, a duty for school employees to report bullying, and to prohibit retaliation for reporting bullying. Many Lawmakers had issues with the scope of bullying and the age range associated with the punishment. Thus, HB 927 was tabled.
HB 1322, the Meredith Emerson Privacy Act, offered by Rep. Jill Chambers (R-Atlanta) was recommitted to the Rules Committee.
HB 1013, presented by the Bill's author, Rep. Doug Holt (R-Social Circle), requires school boards to publish an annual summary of their sales tax for education (ESPLOST) program finances in a newspaper of general circulation within the local government boundaries. The publication must show, for each project, the original estimated cost, the current estimated cost, amounts expended in prior year, and amounts expended in the current year. This is the same requirement imposed on counties and cities that have a special purpose local option sales tax (SPLOST). This is intended to provide transparency in the use of taxpayer money and ensures school systems are held to the same standards as counties and cities. HB 1013 passed 138 to zero.
Rep. Burke Day (R-Tybee Island) explained HB 958 to the House. This Bill amends O.C.G.A. § 52-2-10 by revising language to change designations of ‘security guards’ as ‘peace officers’. The section is also amended to require those persons with the authority to exercise the powers of arrest to be certified peace officers according to the Georgia Peace Officer Standards and Training Council. HB 958 passed 141 to zero.
HB 1079, presented by Rep. Tom Dickson (R-Cohutta) passed the House 157 to zero. This Bill amends O.C.G.A. § 20-2-200 relating to the payment methods for teachers to pay certifications fees to the Professional Standards Commission. In the past, teachers were only allowed to pay with check or money order but now will be allowed to use credit or debit cards as well.
New Legislation
HB 1356 – Rep. Jill Chambers (R-Atlanta) offered this idea in an effort to no longer compensate citizens who are serving on State boards, commissions, authorities and other entities. This would impact individuals who serve on entities such as the Board for Juvenile Justice; Council on Aging; Board of Trustees of the Subsequent Injury Trust Fund; Board of Community Health; Georgia Council on Developmental Disabilities; Georgia Agrirama Development Authority; Georgia Sports Hall of Fame Authority; etc. If individuals were receiving travel costs, those would also be eliminated under this Bill.
HB 1358 – Rep. John Lunsford (R-McDonough) offered changes to Chapter 5 of Title 50 to require that the price paid by the State for sealed bids will not be permitted to exceed the price offered to other customers. It would further require the solicitation of competitive sealed bids prior to renewing certain statewide contracts ("commercially available off-the-shelf items").
HB 1359 – Rep. Mickey Channell (R-Greensboro) proposed an addition to O.C.G.A. § 12-7-6(b)(15)(A(v)(IV) concerning the best management practices and minimum requirements for State rules, regulations, ordinances and resolutions. This creates an additional exception for a required "buffer" along State waters: "Where shoreline stabilization, including but not limited to bulkheads and sea walls, is installed on lakes operated by the United States Corps of Engineers or a utility regulated by the Federal Energy Regulatory Commission."
HB 1360 – Rep. Chuck Sims (R-Ambrose) offered an amendment to O.C.G.A. § 48-8-2(1) concerning sales and use taxes by adding the definition of "business" as "any activity engaged in by any person or caused to be engaged in by any person with the object of direct or indirect gain, benefit, or advantage."
HB 1365 – Rep. Roger Lane (R-Darien) authored this proposal in O.C.G.A. § 12-1-2(d) providing for deference by administrative law judges on technical issues within the specialized knowledge of the agency decision-maker when reviewing permits issued (through Department of Natural Resources). This Bill is a mirror image of Sen. Tolleson's proposal below, SB 486.
HB 1366 – Rep. Alan Powell (D-Hartwell) introduced this amendment to O.C.G.A. § 21-2-132(e) providing that an incumbent may qualify for re-election as an independent candidate or as the candidate of a political body without filing a nomination petition.
HB 1368 – Rep. Lynn Smith (R-Newnan) introduced changes in Title 12 specifying the level of professional registration required for reviews and certain kinds of applications relating to permits issued by the Environmental Protection Division. It also proposes to provide that no "water withdrawal, water diversion, or water impoundment permit or other permit issued by the director shall be deemed invalid on grounds that any employee reviewing the application was or was not registered or licensed by a professional licensing board."
HB 1370 – Rep. Lynn Smith (R-Newnan) authored amendments in Title 12 and 50 revising provisions relating to Environmental Protection Division-issued permits. It specifically addresses granting or denial of such permits and allowing for deference by administrative law judges on technical issues within the specialized knowledge of the agency decision-maker when reviewing permits. It also allows that the Office of State Administrative Hearings is to assign one or more administrative law judges, as they are needed, to review the granting/denial process of these permits, variances, or other approvals.
HB 1371 – Rep. Rusty Kidd (I-Milledgeville) authored this proposal in O.C.G.A. § 43-35-3 providing that podiatry medicine includes the diagnosis and treatment of certain conditions (cosmetic) regarding the human foot and leg. Presently, reimbursement to podiatrists does not cover these cosmetic conditions.
HB 1372 – Rep. Calvin Smyre (D-Columbus) proposed a new Code Section for O.C.G.A. § 48-8-19 providing that all sales tax point of sale data compiled by the Department of Revenue is to be made available to counties and municipalities.
HB 1374 – Rep. Don Parsons (R-Marietta) offered changes to O.C.G.A. § 40-6-163 providing the use of video images as a means of enforcement when a driver of a vehicle either meets or overtakes a school bus. The video device would be mounted on the school bus, requiring a date and time that the recording was made. Once an image depicts a driver's violation, then law enforcement would be authorized to mail, within ten days, by regular mail to the motor vehicle owner's address a citation for the alleged violation. The proposal also outlines monetary penalties for violations with a $300.00 fine for the first offense; $750.00 for a second offense; and $1000.00 for each subsequent offense in a five-year period – 50 percent of these fines would be paid to the local school system operating the bus involved in the infraction.
HB 1375 – Rep. Calvin Smyre (D-Columbus) introduced this proposal in O.C.G.A. § 50-14-1(e) providing that the posting of a video of a public meeting on an official website shall satisfy the law requiring a posting of a summary of actions and a copy of the minutes.
HB 1377 – Rep. Barry Loudermilk (R-Cassville) proposed changes in O.C.G.A. § 43-41-2(9) relating to residential and general contractors. His idea would alter the definition of "residential contractor" raising the dollar amount cap of the activity or work to be performed. Today, that cap is $2,500.00. This moves it to $7,500.00.
HB 1380 – Rep. Ben Harbin (R-Evans) proposed amendments in Chapter 24 of Title 33 to provide that the State, and any political subdivision of the State, and any public retirement systems has an insurable interest in any individual who is an employee of the State or that political subdivision and in any individual who is a retired employee and a member of a public retirement system in certain circumstances:
- The Governor, the governing authority of a political subdivision, or the trustees of a public retirement system has accepted, in the same manner as a professional services agreement, a request for proposal or otherwise and selects a qualified insurer to issue such policies;
- The qualified insurer selected issues an individual life insurance policy to cover substantially all current employees, all retired employees who are members of a public retirement system, or an identifiable group of either;
- The entire premiums for such policies are paid by the state, political subdivision, or public retirement system;
- The beneficiary of a portion of the proceeds from such policy is a public retirement system designated by the state, political subdivision, or public retirement system;
- The financing, if any, of any premiums is an obligation of the public retirement system; and
- The policy is structured in such a manner that the death benefit expands annually so as to provide that the entity funding the policy shall, at the time the benefits are paid, recover the premiums paid plus a cost of money."
It also would void such insurance as to those employees or retired employees under certain conditions.
HB 1381 – Rep. Stephanie Stuckey Benfield (D-Atlanta) offered a series of change in Title 40 in an effort to provide safer bicycling for riders. Some of the provisions include:
- Definition of "bicycling lane" in O.C.G.A. § 40-1-1(6.1) to mean: " portion of the roadway that has been designated by striping, pavement markings, or signage for the exclusive or preferential use of persons operating bicycles. Bicycle lanes shall at a minimum be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials."
- Creates a new Code Section at O.C.G.A. § 40-6-55 requiring that a motor vehicle operator yield to a person operating a bicycle in a bicycle lane and not block or impede the bicycle lane from bicycle traffic.
- In O.C.G.A. § 40-6-291, it permits a cyclist to ride on a paved shoulder; it does not require that cyclist to ride there. It also permits the cyclist to signal a right turn with his or her right arm and hand extended horizontally or with his or her left hand and arm extended upward; it does not require the cyclist to signal continuously if the cyclist must use his or her hand to control the bicycle.
HB 1382 – Rep. Rashad Taylor (D-Atlanta) introduced a new Article 5 to Chapter 8 of Title 48 allowing for a one cent, special purpose public safety local option sales and use tax which would be used for "public safety projects."
HB 1383 – Rep. Rashad Taylor (D-Atlanta) proposed this change to O.C.G.A. § 44-12-205 allowing for the disposition of a gift card when the owner dies intestate or is missing. The gift card, if expired or has been unclaimed, for more than five years will be presumed to be abandoned; remaining balances which are redeemable will revert to the custody of the State. If the card is redeemable for merchandise only, the amount presumed abandoned will be 60 percent of the price paid by the purchaser.
HB 1384 – Rep. Rashad Taylor (D-Atlanta) authored this change in O.C.G.A. § 16-11-173(b) to remove a prohibition relating to the constitutional zoning authority of local governments. It will not prohibit "reasonable zoning of businesses or events."
HB 1385 – Rep. Jim Cole (R-Forsyth) offered amendments in O.C.G.A. § 45-9-102 authorizing payments to law enforcement officers, jailers, and firefighters who are injured in the line of duty. Presently, jailers cannot receive such benefits.
HB 1386 – Rep. Wendell Willard (R-Atlanta) authored this change in O.C.G.A. § 50-14-3 providing that agency meetings wherein discussions regarding service delivery agreements between the agency and private companies is conducted are not required to be open to the public.
HB 1388 – Rep. Tim Bearden (R-Villa Rica) offered a new subparagraph (K.1) to O.C.G.A. § 36-62-2 regarding definitions pertaining to development authorities. It would read:
The provision of financing to property owners for the purpose of installing or modifying improvements to their property in order to reduce the energy or water consumption on such property or to install an improvement to such property that produces energy from renewable resources.
HB 1389 – Rep. Michael Harden (R-Toccoa) offered a new Code Section in O.C.G.A. § 34-8-190.1 and a new Code Section at O.C.G.A. § 49-4-3.1. Essentially, the additions would require random drug testing for individuals who receive public assistance (food stamps, pubic assistance TANF funds, Medicaid, etc.) and unemployment compensation benefits at least once per year. Failure to comply would be treated as if the person failed the test. The drug testing for public assistance would not apply to individuals who receive benefits under the age of 18.
HR 1646 – Rep. Bobby Reese (R-Sugar Hill) offered this "urging" Resolution for President Obama and the United States Congress to reject any initiatives legalizing illegal aliens; to enthusiastically enforce American immigration laws; and to support the enforcement of America's borders.
HR 1649 – Rep. Mike Keown (R-Coolidge) offered this Resolution which urges the Congressional Delegation of the State of Georgia to support federal legislation to prevent the United States Environmental Protection Agency from adopting regulations to regulate carbon emissions.
HR 1650 – Rep. Mike Keown (R-Coolidge) proposed this Resolution, urging the Governor and Attorney General of Georgia to initiate action to sue the federal Environmental Protection Agency to prevent the agency from regulating carbon emissions.
HR 1651 – Rep. Rashad Taylor (D-Atlanta) authored the following amendment to the Constitution at Article VIII, Section VI. This Amendment would allow the General Assembly to require local boards of education to pay the expenses of an election for one or more members of local boards or education, an election to approve the imposition of a sales tax for educational purpose, or an election to approve bonded indebtedness for educational purposes. This would have to go before the voters to be approved.
HR 1652 – Rep. Ron Stephens (R-Savannah) proposed the following amendment to the Constitution at Article VII, Section I. This Amendment would impose a $1 tax on every pack of cigarettes, which would be dedicated to a health care fund. Voters must ratify this Amendment if passed by the General Assembly. HR 1652 was assigned to the House Ways and Means Committee.
SB 481 – Sen. Ralph Hudgens (R-Hull) proposed changes to Title 33, relating to insurance, so as to revise the provision in accident and sickness policies for termination of coverage of surviving spouse or as a result of a break in marital relationship. It also provides for the availability of accident and sickness policy upon termination of dependent coverage under certain circumstances.
SB 486 – Sen. Ross Tolleson (R-Perry) proposed a new subsection (d) to O.C.G.A. § 12-1-2 providing for deference by administrative law judges on technical issues within the specialized knowledge of the agency decision-maker when reviewing permits issued (through Department of Natural Resources).
SB 491- Sen. Bill Cowsert (R-Athens) offered changes to Title 9, relating to personal jurisdiction over non-residents. Personal jurisdiction would be given over non-residents involved in domestic relations cases, in which the court of this state has ordered alimony, child custody, child support, equitable apportionment of debt, or equitable division of property.
SB 493 – Sen. Hardie Davis (D-Gracewood) offered an amendment to O.C.G.A. § 31-10-15, relating to death certificates. In the case of a burn victim's death because of subsequent burn injuries, the attending physician at the burn treatment facility is the only physician that may sign the death certificate.
SB 494 – Sen. Bill Hamrick (R-Carrollton) proposed changes to O.C.G.A. § 44-6-69, relating to remainders and reversions. These changes prohibit a fee for a future conveyance of residential real property.
SB 495 – Sen. Hardie Davis (R-Gracewood) authored changes to Title 44, relating to exemptions from levy and sale, in order to change the non-bankruptcy exemptions from levy and sale. Burial plots would be exempt from bankruptcy under these changes.
SB 496 – Sen. Jack Hill authored changes to Title 20, relating to HOPE Scholarships and grants. A new paragraph is added to O.C.G.A. §20-3-519 defining the HOPE needs based scholarship as a Helping Outstanding Pupils Educationally needs based on scholarship for education awarded in accordance with this Code Section. To be eligible for the HOPE needs based scholarship, a student must be seeking an associate or bachelor's degree at an eligible public postsecondary institution and meet residency requirements.
SB 498 – Sen. Ed Harbison (D-Columbus) proposed an amendment to O.C.G.A. § 16-13-25, relating to schedule I controlled substances. This Bill would add synthetic cannabinoids, aka "synthetic marijuana" to the Schedule I controlled substances list.
SR 1222 – Sen. Don Thomas (R-Dalton) offered this Resolution which urges the Georgia Composite Medical Board to promulgate regulations which establish medially accepted standards of patent care in office based surgery and anesthesia.
Committee News
Senate Health and Human Services
Sen. Buddy Carter (R-Savannah) presented his SB 418 to the Committee, which seeks to establish a program to monitor the prescribing/dispensing of Schedule II, III, IV, or V Drugs.
This program would be headed by the Georgia Drugs and Narcotics Agency. The Agency would establish and maintain a method in which to electronically review controlled drugs. The Agency would be allowed to receive gifts and grants in order to maintain the database. Sen. Preston Smith (R-Rome) expressed concern that this Legislation seemed to be a mandate unfunded by appropriations. The penalty for a pharmacist or doctor not reporting the prescription of these listed drugs to the database would be imprisonment for 12 months or a $1000 fine. Sen. John Wiles (R-Marietta) expressed concern over the sensitive information that would be reported to the database. The Bill was held pending further work.
Sen. Judson Hill's, SR 1134 was approved by the Committee with one amendment. SR 1134 creates the Health Care Transformation Study Committee. The amendment bars any member of the Study Committee from receiving compensation for membership on the Committee.
SB 435, offered by Sen. Don Thomas (R-Dalton), would enact the Diabetes and Health Improvement Act of 2010. This Bill would promote the understanding and prevention of diabetes. The Committee passed SB 435 unanimously.
House Insurance Committee - Subcommittee on Life and Health
The Insurance Subcommittee on Life and Health Insurance held a hearing on the Governor's cross state insurance product bill. It would allow Georgia insurers to sell their products from other states. Bill sponsor presented and said the Governor's goal was to reduce the uninsured rate by offering more and less expensive products from other states with fewer mandates. AARPN chiropractors, optometrists, Cancer Society, Georgia Obstetrician/Gynecologist society, consumer representatives, family planning and women's health clinics, and others urged that some mandates be required despite other states' laws, particularly around cancer screenings and women's health. These groups also requested that Georgia consumers have an ability to go to court or seek enforcement of policy issues in Georgia. One comment was that other state products should be rated on similar demographics. Cancer society presented NAIC paper on cross state products arguing that out of state policies could drive Georgia premiums for other products up as the pool changes or that consumers could abandon better in state products that promote better health.
Sen. Judson Hill (R-Marietta) also spoke on the Bill. He emphasized that he wanted to ignite competitive forces in the market and that bill only applies to major medical policies. He stated that he wants Georgia to be the second state after Wyoming to pass a cross state bill. This proposal has been introduced in 20 states. He emphasized that mandates are not the only cost saving issue. Sen. Hill said the opponents only represented special interests. He is representing the 200,000 uninsured Georgians.
Rep. Matt Ramsey (R-Peachtree City) closed the meeting and accented he would bring a substitute bill back. Rep. Ramsey does think that enforcement jurisdiction will be in Georgia. He accented the special interest opposition, claiming that opposition is opposed to choice and that it is up to individual to buy a reduced scope product.
House Health and Human Services Committee
Chairwoman Sharon Cooper held a lengthy Committee meeting, moving out several pieces of legislation. Below is a short breakdown on the Committee's actions:
- HB 944, by Rep. Penny Houston (R-Nashville), passed by Committee Substitute. This Bill addresses inspections which are to be done by the Department of Community Health as a result of its merger of functions with the Department of Human Resources effective July 1, 2009. There are "modest" licensure fees added for hospice, home health agencies and ambulatory surgery centers. Presently, some of the charges that the Department collects include fees for clinical laboratories, dialysis centers, and private home care providers. The fees to be imposed would be in the range of $250.00-$3,000.00. These fees would ultimately be approved by this Committee prior to actual implementation. There will be a "cost inflator" added so that no legislation is required to increase them in the future.
- HR 1086, by Rep. Calvin Hill (R-Canton), also passed. It proposes a Constitutional Amendment in Article I to "provide that no law or rule or regulation shall compel any person, employer, or health care provider to participate in any health care system and to authorize persons and employers to pay directly for lawful health care services without penalties or fines." This similar amendment has been proposed in 33 states; Arizona and Wyoming have adopted such proposal.
- HB 1021, by Rep. John Lunsford (R-McDonough), passed. It would add to the dangerous drug list in Title 16 "Salvia divinorum A" or "Salvia." Persons caught with or growing the plant to make this drug would be guilty of a misdemeanor. The plant, when condensed for smoking purposes for instance, produces a hallucinogenic effect much like LSD.
- HB 1119, by Rep. Ben Harbin (R-Evans), passed. The proposal creates the "Georgia Arthritis Prevention and Control Act." Rep. Harbin worked with the Arthritis Foundation on this legislation. The outreach and monitoring would be conducted by the Department of Community Health. There was no fiscal note on the Bill and Rep. Harbin said that there would be no funding for this. Arthritis is the number one cause of missed work in Georgia. The Bill also creates an Advisory Panel. It can use federal matching funds to be obtained in the future.
- HB 361, by Rep. Ron Stephens (R-Savannah), passed out of the Committee by Substitute. It creates the "Safe Mediation Practice Act." It provides for the collaboration between hospital pharmacists and members of the medical staff on drug management therapy for a patient in an institutional setting for narrow therapeutic index drugs. The State Board of Pharmacy would establish rules and regulations governing the hospital pharmacist.
- HB 866, the initiative by Rep. Stephen Allison (R-Blairsville), was passed by Committee Substitute. This creates the "Physicians for Rural Areas Assistance Act." The Georgia Hospital Association spoke in favor of this Bill. It proposes to allow hospitals, health care entities, local governments and civic organizations in physician-underserved areas to use grant moneys to help with physician recruitment in those areas by funding medical education loan repayment, salary supplements for the doctors, or additional support staff for a physician's offices. These entities would be providing matching moneys. The grant funds could not be used for hiring or paying a recruiting firm or individual recruiter.
- HR 1449, by Rep. Sharon Cooper (R-Marietta), is an "urging" Resolution so that the Georgia Composite Medical Board would adopt medical standards for patients' care in office-based surgery and anesthesia. The dentists have already moved towards adopting such standards.
- HB 850, by Rep. Chuck Martin (R-Alpharetta), proposes licensure and regulation of assisted living facilities. The most controversial Bill on the Committee's agenda caused a great deal of discussion. The State's nursing homes have opposed this Bill. No vote was taken on the proposal. The Georgia Assisted Living Facility Association spoke in favor of the Bill. It would provide a continuum of care for a "booming generation." One of the arguments in favor of this proposal was that, presently, individuals who need hospice care and are being served in an assisted living facility must go to a nursing home; this Bill would permit those needing hospice care to be served in the assisted living facilities and not require them to be moved to a nursing home in their last six months of life unless other medical needs required such. Rep. Carl Rogers (R-Gainesville) articulated that he would rather a Study Committee be formed to look at this issue. However, the Bill be heard again next week.
Please contact Stanley S. Jones, Jr., Helen Sloat or April Morgan at 404.322.6000 for further information on legislative happenings. Gold Dome Reports will be available daily during the Session at www.nelsonmullins.com.
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.