Legislative Update: Big Wins For Recovery

2022 was a historic year for Mental Health and Substance Use Disorder services and reform in Georgia. With the passage of HB 1013, Georgia has set into place a series of legislative actions which will result in the transformation of a broken and ineffective system into a peer and family friendly system. Additionally, important legislation passed ensuring that Georgia receives our full share of opioid settlement monies as well as other peer friendly issues such as advance directives and prior authorization.

The Georgia Council on Substance Abuse was in person at your state Capitol engaging with elected officials, their staff, the media, and other stakeholders to ensure the voice the Georgia Recovery Community was heard. We believe our voice was heard and, as a result, we had input during this historic Session of the Georgia General Assembly.

Let me provide clarity: none of the success we are celebrating would have occurred with out you.

It is the collective statewide voice of the Georgia Recovery Community which empowers the work of the Georgia Council Abuse and our advocacy efforts. When you respond to one of my text, emails, social media post, or phone calls and take action both personally and inviting others to do so as well…. that is, literally, our power, our voice, and it is the evidence that the Georgia Recovery Community is a Constituency of Consequence.

Thank You.

We, rightly, are celebrating. We deserve to do so. But this is just the start of the beginning… we have much work yet to do:

  • Together, we must turn our attention to the Georgia Congressional Delegation and build stronger relationships while earning more support for important legislation and funding out of Washington D.C.
  • Together, we must turn our attention to our county and city governments and get them to join the Georgia Communities Working Group on Addiction and Recovery
  • Together, we must turn our attention to our local business leaders and earn their support for pro peer policies in their employment policies and giving policies
  • Together, we must turn our attention to the next bill in the series of Mental Health and SUD reform legislation in the Georgia General Assembly

Because of you, the voice of the Georgia Recovery Community is making a difference, supporting families, and saving lives. Let’s all reaffirm our commitment to advancing our shard values and proclaiming that Recovery is Real.

SUPPORT:

HB 1013 – by Speaker David Ralston – PASSED SIGNED INTO LAW BY GOVERNOR KEMP

HB 1013 – 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. HB 1013 – 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

SB 341 by Senator Kirkpatrick – PASSED – Sent to Governor

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 361 by Senator Larry Walker – PASSED – Sent to Governor

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 – FAILED

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 – PASSED – Sent to Governor

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.

SB 500 by Senator Brian Strickland – PASSED – Sent to Governor

This bipartisan legislation will allow the state to receive critical opioid relief funding that our communities desperately need and ensure Georgia is able to receive 100 percent of the settlement dollars available for allocation. The state secured participation among all litigating local governments and enact a litigation bar that prevents local governments from pursuing further litigation in the future over the companies’ roles in creating and fueling the opioid epidemic.

Georgia and its local governments are entitled to receive a total of $636,230,843.82.

These settlement funds can only be used for opioid abatement, and the state is required to spend a significant portion of the funds on a regional basis to ensure that all Georgians could benefit from the funds. The passage of this bar legislation will help to provide much-needed closure and funding to abate the opioid crisis here in Georgia.

HB 272 by Representative Mandi Ballinger – FAILED

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 – PASSED – Sent to Governor

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 – FAILED 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 Rebecca Mitchell – FAILED

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 – FAILED

Requires local school systems to conduct suicide screenings on all students eight to 18 in Georgia.

OPPOSE

SR 165 by Senator Sheikh Rahman – FAILED

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 – FAILED

Seeks to repeal the Low-THC Oil Patient Registry in O.C.G.A. 31-2A-18. 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 – FAILED

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 exemptions for certain establishments, protection of minors, and enforcement on those who sell to minors.

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