The Georgia Council on Substance Abuse shares the following legislation for your consideration:
SUPPORT
SB 341 by Senator Kirkpatrick
A continuation of SB 80 from 2021 regarding prior authorizations for medications. It addresses individuals who have chronic medical conditions so that prior authorizations for individuals who are stable on medications will only be done once per year.
SB 342 by Senator Kay Kirkpatrick
A mental health parity bill which adds annual reporting requirements for insurers, who offer mental health and substance abuse coverage to consumers, to the Department of Insurance. This brings those insurers into reporting requirements that are not ERISA plans. It does apply to individual, small, and group plans. The legislation makes these insurers provide DOI information on meeting parity requirements like the federal requirements and does permit DOI to add additional reporting requirements. The Department of Insurance is also required to post a summary on its website so that consumers may do comparisons among insurers. There are penalties outlined in the legislation. Co-pays will be required to be the same as for physical disorders and treatment. Data collected that the DOI will share from the insurers will be aggregate data; no individual data. There would be no added costs for the non-ERISA plans.
SB 361 by Senator Larry Walker
Addresses a mechanism to create a state tax credit for contributions to law enforcement foundations. The legislation is modeled after the Rural Hospital Tax Credit (which Lt. Governor Duncan passed when he was a member of the Georgia House of Representatives). The legislation will be known as the Law Enforcement Strategic Support Act. The funds received from the contribution proposed (which would generate a tax credit to the person or business making the contribution) is a way in which local communities can pay their officers more; help with hiring efforts of more officers; provide officers more training; purchase needed equipment for officers; and implement the co-responder model for mental health/behavioral health calls so that a mental health professional can ride along with officers in those situations. The tax credit is capped at $100 million annually, and there is a cap of $5 million permitted to each qualifying foundation. Individual taxpayers can receive a dollar-for-dollar credit up to $5,000. There are also maximum amounts for married couples as well as business entities in the proposal.
SB 370 by Senator Bill Cowsert
Creates the Fostering Success Act to help children and youth who are aging out of the foster care system by providing tax credits for donations to qualified organizations which provide wraparound services to the youth aging out of the state’s care. DFCS will be required to qualify any entity receiving the donations for an individual to receive the credits. There are reporting requirements in the legislation so that the entities must report on how the money came to them and how it is spent. This credit will apply, if passed and enacted, to the 2022 tax year. There are approximately 500-1,000 children leaving the foster care system annually.
SB 403 by Senator Ben Watson
A bipartisan plan to promote collaboration between local law enforcement agencies and certified behavioral health specialists through the establishment of a statewide co-responder model. With overwhelming bipartisan support, the Georgia Behavioral Health and Peace Officer Co-Responder Act directs Georgia’s 24 Community Service Boards (CSBs) to implement a co-responder model that combines the knowledge of law enforcement and mental health professionals to de-escalate behavioral health emergencies. The model requires CSBs to provide the behavioral health component of the co-responder program and serve as a resource for law enforcement agencies who choose to opt into a partnership with their regional CSB. While there are currently similar programs operating at the local level, the “Georgia Behavioral Health and Peace Officer Co-Responder Act” seeks to bring equal access to behavioral health crisis intervention services to all communities in Georgia.
HB 272 by Representative Mandi Ballinger
Raises the age of juvenile court jurisdiction to encompass non-violent 17-year-olds. Georgia is one of the last 3 states in the country to treat 17-year-olds as adults in the criminal justice system for ANY infraction. The juvenile justice system is far better equipped to rehabilitate these youth than the adult system. Raising the age of juvenile court jurisdiction to cover non-violent 17-year-olds will help Georgia teens, improve public safety, and save taxpayer dollars. HB 272 does NOT affect those youth who commit crimes, such as murder or rape. Such youth would still be tried in adult court as they are currently.
HB 752 by Representative Sharon Cooper
Creates the availability of a psychiatric advance directive permitting a person to state his or her preferences for how to be treated in a mental health crisis and making that available to health care providers. Former Democrat Representative Pat Gardner introduced the first version of HB 752 13 years ago and is in support of this version.
HB 855 by Representative Gregg Kennard Provides for first responders to get workers’ compensation if diagnosed with post-traumatic stress disorder (PTSD). The legislation would classify time off for PTSD like any other injury that happens on a first responder’s job including time off and medical visits. Currently, under Georgia law, there’s not a way for first responders to get help for PTSD unless they are also physically injured. This legislation would allow for workers’ compensation coverage for first responders with post-traumatic stress disorder (PTSD) if a first responder can prove that it was caused by a psychologically traumatic event in the course of their employment. Physical injuries to the first responder would not be necessary to file a PTSD claim, claims would be allowed within three years of witnessing a psychologically traumatic event, and claims would be authorized only for first responders who experience a traumatic event after July 1, 2022.
HB 892 by Representative Rebecca Mitchell
Prohibits the use of corporal punishment by school administrators, teachers, and other school personnel with any student in any public school in Georgia.
HB 1005 by Representative Mesha Mainor
Requires local school systems to conduct suicide screenings on all students eight to 18 in Georgia.
HB 1013 – by Speaker David Ralston
The Mental Health Parity Act places Georgia in compliance with The Mental Health Parity and Addiction Equity Act of 2008 which has never been fully enforced in Georgia. The Mental Health Parity Act will save lives, support families, strengthen communities, support first responders, and save tax-payer dollars. The Mental Health Parity Act: Increases patient access to care. Ensures parity for Substance Use Disorder and Mental Health peers and providers. Strengthens workforce development initiatives. Expands transparency and accountability for consumers. Enhances resources and tools for frontline responders and communities
OPPOSE
SR 165 by Senator Sheikh Rahman
Seeks to add a constitutional amendment to the Georgia Constitution for the legalization and regulation of marijuana; to permit persons 21 years of age or older to purchase marijuana for personal use; to provide that fees and tax proceeds from the sale of such marijuana be dedicated equally between education and transportation infrastructure purposes; and provide for tax exemption of marijuana used for medical purposes. NOTE – this bill does NOT provide for tax proceeds for recovery support programs or services.
SB 264 by Senator Sheikh Rahman
Seeks to repeal the Low-THC Oil Patient Registry. It also aims to create the Controlled Substances Therapeutic Relief Act. This will allow the leaf of the plant to be used as “low THC oil” which violates the understanding by those involved in passing the current law.
SB 263 by Senator Sheikh Rahman
Seeks to enact the Georgia Retail Marijuana Code to provide for marijuana to be sold at retail stores in Georgia for recreational purposes. This law is bad policy, the current version fails to address numerous practical aspects of law such a exemptions for certain establishments, protection of minors, and enforcement on those who sell to minors.
