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Recent News
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2009 Legislative Update - April 14, 2009 BUDGET The FY 2010 Budget passed without any Medicaid reimbursement rate cuts to any providers. The FY 2010 Budget did include $23 million for trauma care that will result from enactment of the governor’s super speeder legislation (HB 160). TORT REFORM HB 24 is a product of the judiciary committee to update the 'evidence standards' for law in Georgia. One sentence in this 124 page bill deals with the evidence required for the tort of negligence. Our goal was to make sure any language in this bill did not interfere with our language from SB3 (Code Section 51-1-29.5) that provided for clear and convincing evidence of gross negligence as the standard in emergency care. Our urgent call to action asking our members to contact the judiciary committee was successful in assuring the following language: 24-14-3. Moral and reasonable certainty is all that can be expected in legal investigation. Except as provided in Code Section 51-1-29.5 or Code Section 51-12-5.1, in all civil proceedings, a preponderance of evidence shall be considered sufficient to produce mental conviction. In criminal proceedings, a greater strength of mental conviction shall be held necessary to justify a verdict of guilty. The bill was withdrawn and recommitted. We will follow this closely DHR RE-ORGANIZATION The House and Senate adopted the conference committee report on HB 228, which is the reorganization of the Department of Human Resources. The conference committee report moves the Division of Public Health to the Department of Community Health (DCH). The governor will appoint the Director of Public Health to oversee the division, and advisory board will be created for public health and will give advisory opinions to the board of DCH, the director will be in charge of all county health offices, and a commission to look at the reorganization will continue to work through 2010. Previously, DCH was to be re-named the Department of Health. However, it will now retain the DCH name. The Division of Mental Health and Developmental Disabilities will be formed into the new Department of Behavioral Health. TRAUMA SB 156 enhances the ability of the trauma commission to perform their duties, and also protects the ability of the Commission to only use the money for designated trauma operations. The committee substitute for the bill also included funding for the trauma network by diverting the State’s 1/4 mill of the property tax to the trauma fund. SB 156 was assigned to the House Rules Calendar for a floor vote, but did not receive one. SR 277 proposes an amendment to the Georgia Constitution adding a $10 surcharge on all car tag purchases. The proceeds of that surcharge would be used to fund Georgia’s trauma network. SR 277 is still in the House Rules Committee, and was never scheduled for a vote on the floor. HB 160 is the governor’s super speeder legislation that would raise approximately $23 million for Georgia trauma’s network. HB 160 was passed and awaits the governor’s signature. HB 480 would eliminate the motor vehicle ad valorem tax, the sales taxes on the purchase of motor vehicles, and would then institute a one time title transfer fee of 7%. This fee would be capped at $1,500 and approximately $50 from every title transfer to the Georgia Trauma Network Commission (this would be capped at $150 million). HB 480 was schedule for a vote on the Senate floor. However, it was tabled on the 29th legislative day, and was not brought off the table for a vote. NATIONAL STANDARDS FOR TRAINING AND CREDENTIALING
SB 233 was introduced without notice by the Georgia Association of EMS (GAEMS). The current path to EMT/EMT-P certification is after completion of a SOEMS/T approved course, the applicant sits for the National Registry Examination and if successfully completed, is awarded GA certification. In compliance with the IOM Report, EMS at the Crossroads, NREMT plans to require that any applicant that sits for its examination in 2013, graduate from a nationally accredited program. SB 233 was introduced to bypass NREMT as the sole certification instrument and is in conflict with the IOM report. The bill is currently in the House Health Committee and the leadership of GAEMS has agreed to ask that the bill be put on hold so that stakeholders can meet this summer and address issues that have necessitated this bill’s creation.
IOM SUMMARY:
The committee supports this effort and recommends that state governments adopt a common scope of practice for emergency medical services personnel, with state licensing reciprocity (4.1). In addition, to support greater professionalism and consistency among and between the states, the committee recommends that states accept national certification as a prerequisite for state licensure and local credentialing of emergency medical services providers (4.3). Further, to improve EMS education nationally, the committee recommends that states require national accreditation of paramedic education programs (4.2).
OTHER LEGISLATION
SB 8 allows students to self administer auto-injectable epinephrine. The House passed SB 8 and it now goes to the governor’s desk for a signature.
SB 5 requires seat belts to be worn in pick-up trucks.
SB 5 was attached to multiple bills by the Senate on the 40th legislative day, but the House did not agree to any changes that included the seat belt language.
HB 23 bars and provides penalties for persons under 18 that text message while driving.
HB 23 is currently in the Senate Rules Committee and did not receive a vote by the full Senate. SB 62, the prompt pay legislation, did not pass the House. While attached to other pieces of legislation, none passed with this language attached. This summer is a great time to have your legislators visit your ED to see what you actually do. It’s great PR for your group, hospital and your legislator. We can certainly offer advice if you don’t know where to start: rjcox01@aol.com.
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