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2014 Legislative Preview: GDA Monitoring Medicaid, Scope of Practice, and Budget Issues Political pundits and observers all seem to agree on this piece of advice for the 2014 Legislative Session: brace yourselves, it is going to be quick! With all state legislators and statewide elected officials up for re-election and the earliest primary election on record slated for May 20, 2014, next year’s session promises to be quick, and perhaps even more unpredictable than usual. Following the outcome of a federal lawsuit, the primary election date for all federal offices has been set for May 20th. The legislature will still have to pass a bill to move the state election date, but it seems all but likely that will be among the first orders of business when the General Assembly convenes on January 13th. Speculation is already rampant that there will be some extraordinary measures taken, such as convening on the weekends and not spending a full 40 legislative days at the Capitol, so that legislators can get back on the campaign trail. While all that remains to be seen, work that legislators have undertaken since last session’s Sine Die may provide some insight into what issues will be moving next session. Because the legislature is moving from year one to year two of the 20132014 General Assembly, a number of study committees were utilized in summer and fall as a mechanism for gathering additional information and testimony about a bill or group of related bills prior to the start of the session. Generally, these committees offer recommendations to the Governor and legislature before the end of the year. Your GDA staff was present at all relevant study committees to monitor issues related to dentistry. One of the more hotly contested proposals considered in a study committee this fall was Senate Bill 141, or the “Patient Compensation Act.” Sponsored by Sen. Brandon Beach (R-Alpharetta), this legislation would create an administrative compensation system premised on Georgia’s current workers’ compensation system. Under this proposal, any claim for medical malpractice
(including claims alleging dental malpractice) brought by a Georgia patient could only be brought in this new administrative system. There would be no mechanism for seeking damages from a trial in a court of law. This legislation is supported by Patients for Fair Compensation, a non-partisan advocacy organization “dedicated to educating and engaging citizens and policymakers on the negative impact on patient care due to defensive medicine — the practice of ordering medical tests, procedures or consultations of doubtful clinical value in order to protect the prescribing physician from malpractice lawsuits.” Opponents of this proposal thus far include: the Medical Association of Georgia, MAG Mutual Insurance Company, the Independent Insurance Agents of Georgia, Georgia Trial Lawyers’
Association, the State Bar of Georgia, and non-profit consumer group Georgia Watch. The study committee on SB 141 held three lengthy hearings on this bill this fall; at least one more hearing will take place before the start of the next legislative session. It is not clear at this point what, if anything, the study committee will recommend to the full Senate Health and Human Services Committee. A study committee to develop recommendations for revising the Medicaid program also held meetings across the state this summer and fall. Formed by a legislative resolution passed in 2013, this committee is expected to
LEGISLATIVE PREVIEW Continued on page 12
GDA ACTION DECEMBER 2013
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