Giving parity to mental health coverage

Published 1:41 pm Wednesday, April 6, 2022

On Monday, March 28, we returned to the Capitol for our last full week of the 2022 legislative session. We and our colleagues spent time in committee meetings and in the House Chamber this week. Our hard work resulted in several key votes on both House and Senate legislation.

With the end of session drawing near, this was without a doubt our busiest week yet. We worked tirelessly to ensure important legislation that serves the citizens of Georgia crossed the finish line before Legislative Day 40. 

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First, we are excited to announce that the House gave unanimous final passage to the Mental Health Parity Act, HB1013. Just prior to our vote, the bill was unanimously passed by our Senate counterparts. The bottom line, this legislation would require parity for mental health coverage to the same degree as coverage for physical care and to make accessing mental health care services significantly easier for Georgians. 

Additionally, this legislation would authorize workforce development initiatives for mental and behavioral health professionals, such as creating cancelable student loans for mental health care professionals who invest in underserved areas of our state. 

The Mental Health Parity Act also would expand transparency and accountability for consumers and enhance resources and tools for frontline responders and communities. This bill would also encourage interagency collaboration and would allow state agencies to collect important data to evaluate the effectiveness of these comprehensive changes. 

We’ve heard the cries and frustrations of Georgia families who have nearly given up hope on finding treatment for their loved ones, and we want to assure you that this legislation would usher in much needed reform for our state’s mental health care delivery system. As soon as this legislation is signed into law, Georgians will feel the positive impacts of HB 1013 starting this year, and our “yes” votes will certainly remain one of our proudest moments as a state representative. 

We and our colleagues unanimously passed Senate Bill 403 to encourage law enforcement partnerships with mental health professionals to improve the handling of situations in which an individual is experiencing a mental health crisis. Under SB 403, Community Service Boards, which provide services for mental health, intellectual/developmental disabilities and addiction, would be directed to establish co-responder programs that would work with local law enforcement agencies responding to emergency calls involving people in a behavioral health crisis. Local law enforcement agencies could collaborate with co-responder programs, and Community Service Boards would provide licensed behavioral health specialists to be available in person or virtually during related emergency calls to assist officers in determining where to refer the individual for further treatment and care. 

This bill also outlines legal protections for the co-responder teams when they act in good faith. Additionally, this Act includes a funding mechanism to allow the General Assembly to appropriate funds to support these co-response teams. 

This bill not only seeks to enhance public safety in our state, but it will also ensure that individuals in crisis receive the appropriate response and treatment that they need. 

In addition, we passed Senate Bill 361, the Law Enforcement Strategic Support Act or LESS Crime Act, to establish a tax credit for Georgians who make contributions to non-profit 501(c)(3) law enforcement foundations that support local police agencies across the state. 

With these donations, law enforcement foundations could use those funds for training for law enforcement officers, pay for equipment for officers or cover costs of a co-responder program of law enforcement officers and behavioral health specialists, as mentioned above. This tax credit program would have an annual statewide cap of $75 million, and each law enforcement agency would be capped at $3 million per year. Taxpayers would be allowed a 100% income tax credit for qualified donations to law enforcement foundations, and this bill would cap the credit at $5,000 for a single individual or head of household; a married couple, individual who is a member of a limited liability company, a shareholder of a Subchapter ‘S’ corporation or a partner in a partnership could receive a credit up to $10,000. 

This bill would also cap credits for corporations at 75% of the corporation’s income tax liability. 

SB 361 would create an innovative way for citizens and businesses to come together and give back to their local law enforcement agencies as they work to keep our communities safe.

The House also passed Senate Bill 87, the Senator Jack Hill Veterans’ Act, to provide a simple way for Georgians to donate to college scholarships that are only for our veterans. With SB 87, taxpayers would have the opportunity to use a portion of their income tax return to make a voluntary contribution to the Technical College System of Georgia (TCSG) Foundation, which would be able to expand its efforts to support veterans who are seeking technical degrees. Specifically, the funds received by the foundation would be used exclusively to award scholarships to veterans with service-connected disabilities to attend TCSG programs. 

Starting in January 2023, taxpayers would have the option to dedicate all or part of their refund when filling out the state’s income tax return form. This legislation would allow Georgians to support our disabled veterans who are looking to transition to sustainable, long-term careers, which would, in turn, also help bolster our state’s workforce for high-demand technical careers. 

This bill was aptly named in honor of our late colleague and veteran, state Sen. Jack Hill, whose legacy will live on through this legislation.  

Additionally, we and our colleagues passed two bills this week to combat heinous human trafficking crimes in our state and protect vulnerable survivors of human trafficking. To support victims of human trafficking, we passed Senate Bill 565 to allow more survivors of human trafficking to avoid long waiting periods when filing these petitions so that they can focus on healing and getting their lives back. 

We also passed Senate Bill 461, which would add human trafficking-related crimes to the list of crimes that are not eligible under law for an unsecured judicial release, meaning these criminals could not be released from jail without paying bond. 

With SB 461, human trafficking offenses would only be bailable before a superior court judge, which would make human trafficking offenses equal to other severe crimes within Georgia. 

These two measures build upon the comprehensive work we’re doing under the Gold Dome to address human trafficking, and Governor Brian Kemp and First Lady Marty Kemp, who work with the GRACE commission to fight human trafficking, also support these measures.

Another bill that passed in the House last week would help identify causes of maternal mortality and improve maternal health outcomes across our state. Senate Bill 496 would require a medical examiner’s inquiry in cases where a pregnant woman dies or when a new mother dies within a year of having her baby to help determine if these deaths were postpartum-related. This requirement would be waived in cases when a woman dies as the result of a car accident or other causes that are clearly known and not linked to pregnancy. Coroners or medical examiners notified of such deaths would be required to order these inquiries through a regional perinatal center determined by the Georgia Department of Public Health.  

We in the House have been dedicated to lowering maternal mortality rates in our state, and this legislation would help our state determine the cause of death if a mother passes away following giving birth, and consequently, help find ways to prevent similar deaths from occurring in the future.

Senate Bill 610 also passed on the House floor last week. It improves how we fund programs that support Georgians who are enrolled in Medicaid, including individuals living with disabilities, and those who struggle with mental health conditions. The first portion of SB 610 would require the Georgia Department of Community Health (DCH) to conduct comprehensive reviews of the Medicaid rates for Georgians with disabilities. Every four years, the DCH would study provider reimbursement rates for these home and community-based programs, as well as propose rate models, policy changes and fiscal projections. 

The second part of this bill would instruct the DCH to submit a waiver request to the Centers of Medicare and Medicaid Services to allow private mental health institutions to qualify for Medicaid reimbursement, which would allow these Georgians to receive more affordable treatments at these facilities. SB 610 exemplifies just one more way the state legislature is working to expand access to affordable health care for these vulnerable populations.

The House also gave unanimous passage to Senate Bill 562 to prohibit companies owned or operated by the governments of Russia or Belarus from working with our state government. Under this bill, any company that submits a bid or proposal for a state contract would be required to certify that it is not owned, operated or affiliated with these governments, and a company’s false certification would result in civil liability, termination of contract and ineligibility for future contracts. Our state leaders recently announced that Georgia would divest any state investments in Russia, and SB 562 would further reinforce our state’s condemnation of the Russian government as it continues to senselessly murder and violate the sovereign rights of the Ukrainian people, including women and children. 

We heard many concerns from parents and citizens about education issues. As a result we passed Senate Bill 588, which would require that all local education board meetings have a public comment period on its agenda posted prior to the meeting; a local education board would annually set its meeting dates and make this schedule available to the public online; it would also prohibit the board from removing an individual from the meeting unless under specific circumstances and would require the local board to adopt and publish rules of conduct for the public meetings; this bill would also permit visual and sound recordings at all of these public meetings; 

Also relating to education, we passed Senate Bill 226, which would require local boards of education to create a complaint resolution policy for local schools by January 1, 2023, to allow parents or guardians to submit complaints to the school about inappropriate content that is harmful to minors and available to the students at the school. This bill would also require the school’s principal or designee to investigate a complaint and confer with the parent/guardian in a timely manner; SB 226 also includes requirements for an appeals process, and it would make any material deemed harmful to minors available online for parents to review; this bill was originally voted on and passed on Friday. 

Some of the additional bills and resolution we passed last week are below:

• House Resolution 998, which would allow the House to officially recognize the benefits of biomarker testing in the treatment of cancer and support ways that awareness can be used to support personalized accessible patient care;

• Senate Bill 10, which would make it a felony offense to impersonate a court officer with a prison sentence between one to five years and/or a maximum fine of $1,000; 

• Senate Bill 96, which would allow notaries to accept a valid Veterans Health Identification Card issued by the U.S. Department of Veterans Affairs as confirmation of identity;

• Senate Bill 116, which would allow for the registration of maternity-supportive housing residences that provide housing for pregnant and postpartum women who are at least 18 years old; 

• Senate Bill 152, which would update the wording of the pledge of allegiance to the state flag by adding the word “courage” as one of the cardinal virtues included in the pledge;

• Senate Bill 276, the Child Victim Protection Act of 2022, revises sections of the code regarding actions for childhood sexual abuse, including extending civil actions for recovery of damages for this abuse committed on or after July 1, 2015, to four years, allowing adults between 23 and 38 years old to bring civil actions for childhood abuse, establishing a look-back period for one year for those who were previously barred due to a statute of limitations, among other vital updates; this bill is identical to legislation the House passed during the previous legislative session;

• Senate Bill 319, which would repeal the requirement for a weapons carry license for those who are not otherwise ineligible to possess and carry a firearm;

• Senate Bill 330, which would prohibit insurance companies from canceling, modifying or refusing to issue life insurance based on an individual’s status as an organ donor;

• Senate Bill 332, the Inform Consumers Act, which would compel online marketplaces to require any high-volume third-party seller to provide on its platform bank account information, contact information and a business tax or taxpayer identification number to the online marketplace within 10 days after qualifying as a high-volume third-party seller.

• Senate Bill 337, which would discontinue compensation for a public official if the official is suspended as a result of a felony indictment; 

• Senate Bill 345, which would prohibit state and local governments from requiring proof of COVID-19 vaccination as a condition for providing services, accessing a facility, issuing licenses or permits, performing duties, and other matters;

• Senate Bill 379, which would establish the High-demand Career Initiatives Program under the Office of Workforce Development to promote the creation and expansion of registered apprenticeship programs in the state; 

• Senate Bill 382, the Georgia Dangerous Sexual Predator Prevention Act, which would update certain sections of the law regarding childhood sexual abuse, such as extending the deadline for civil actions seeking recovery for damages from two years to four years, allowing adults between 23 and 38 years old to bring civil actions against those who were tasked with taking care of the plaintiff and establishing a look-back period for one year for those who were previously barred due to a statute of limitations, prohibiting bringing in actions against entities from before July 1, 1988, among others;

• Senate Bill 397, which would update the terminology in Georgia law from “general educational development (GED) diplomas” by replacing it with “state approved high school equivalency (HSE);” current law provides for a HOPE GED voucher issued upon the receipt of a GED diploma, but SB 397 would update this to the HOPE HSE voucher and would allow those funds to go toward the cost of an approved exam instead of a reward on the back end;

• Senate Bill 404, which would authorize the Georgia Bureau of Investigation and the Federal Bureau of Investigation to retain fingerprints obtained by the Department of Public Health’s (DPH) authorized criminal background checks if the DPH is participating in a federal program that requires fingerprinting and allows for the ongoing and continuing review of the individual’s criminal history as it relates to emergency medical services personnel; 

• Senate Bill 445, which would amend the state civil penalties available for violations of the National Manufactured Housing Construction and Safety Standards Act of 1974 by removing the $1,000 maximum penalty and replacing it with the penalty set by a federal regulation;

• Senate Bill 479, which would increase the penalty for those who are on probation as a felony first offender, on probation for a felony or have been convicted of a felony and receive, possess or a firearm; this bill makes it a separate violation for each firearm that is connected to the crime;

• Senate Bill 486, which would allow Agricultural Commodity Commission for Propane meetings to be held in-person, remotely or a combination of both; SB 486 would require the commission to notify the public of meetings and would change the process of adopting an assessment;

• Senate Bill 514, the Unmask Georgia Students Act, which would prohibit local public and charter schools from making or enforcing any rules that require students to wear face masks or face coverings at school, unless the rule would allow parents to exempt their child without disclosing their reason for opting out; SB 514 would also prohibit schools from disciplining students whose parents have elected to exempt their child from the mask policy; 

• Senate Bill 534, which would amend the Administrative Procedures Act to provide guidelines for amending, adopting and repealing rules that affect charitable organizations;

• Senate Bill 539, which would prohibit the unknowing photography or recording of activities of patients in a county board of health facility without the consent of all patients observed; the punishment would be a felony with a prison sentence between one to five years and/or a maximum fine of $10,000;

• Senate Bill 553, which would allow a person at least 15 years old to operate a Class 1, Class 2 or Class 3 vessel on state waters if the individual has proper identification or an instruction permit and is accompanied by an adult that is at least 18 years old; this bill would also require the accompanying adult to be authorized to operate the vessel and be able to take control of the vessel; 

• Senate Bill 566, which would add mental health and substance use conditions to the definition of emergency medical services in order to include the conditions in the Surprise Billing Consumer Act; this bill would clarify that an emergency department visit that leads to inpatient admission would be billed as one service;

• Senate Bill 573, would require hospitals to adopt policies to reduce exposure to surgical smoke;

• Senate Bill 576, which would update Georgia’s laws for grandparent visitation rights by establishing that if one of the parents of a minor child dies, is incapacitated or is incarcerated, the court may award reasonable visitation if the court finds by clear and convincing evidence that it would be in the best interests of the child; this bill would also create a rebuttable presumption that a child denied contact with his or her grandparent or who is not provided minimal opportunity for contact may suffer emotional injury harmful to the child’s health;

On Monday, April 4, we reconvened for Legislative Day 40, which will be the last day of the 2022 legislative session. Day 40, also known as “Sine Die,” was the busiest day of the entire session as we worked diligently to finalize and pass bills in the House Chamber before the clock struck midnight. 

We urge you to contact us if you have any questions or concerns. We can be reached as follows: Rep. Sam Watson in his Capitol Office Suite 245, telephone number (404) 463-2246 or via email at sam.watson@house.ga.gov  Rep. John LaHood is located in 504-B in the CLOB, telephone number (404) 656-0188 and he may be emailed at john.lahood@house.ga.gov  and Rep. Darlene Taylor is located in the Capitol Suite 401-H. Her Capitol office telephone is (404) 656-7857, or she can be reached via email at darlene.taylor@house.ga.gov   

As always, thank you for allowing us to serve as your state representatives.