DCH board member calls for fair prescription reimbursements to independent pharmacies

ATLANTA – A member of the Georgia Board of Community Health called on the agency Thursday to reimburse independent pharmacies for prescriptions at the same rate they pay pharmacy chains.

Mark Shane Mobley’s comments came as the board was approving a 6% increase on average of health insurance premiums state employees, public school teachers, and retirees pay to the State Health Benefit Plan (SHBP).

The huge disparity in prescription reimbursements the SHBP pays to independent pharmacies compared to chains came to light in May when Gov. Brian Kemp vetoed legislation that would have required the state plan to reimburse independents at rates no less than the average reimbursement provided to chain pharmacies. The General Assembly had passed the bill in March with just one “no” vote.

Mobley said four independent pharmacies have closed this year because they couldn’t make enough money to stay in business.

“I’ve got pharmacy owners baking cookies and having other side (jobs) to make ends meet,” he said. “If they got paid a fair amount for these drugs, they wouldn’t have to do that.”

In Kemp’s veto message, the governor cited fiscal estimates that implementing the legislation would cost the state Department of Community Health (DCH) $11 million to $45 million per year, funds the General Assembly did not appropriate.

On Thursday, DCH Commissioner Russel Carlson said the agency has an ongoing contractual relationship with CVS Caremark, which runs the SHBP’s pharmacy program.

“We don’t have our heads in the sand,” he said. “We know there are frustrations in this space. (But) we have contractual responsibilities.”

Having said that, Carlson indicated he’s willing to discuss independent pharmacy owners’ concerns over prescription reimbursements.

Meanwhile, the board unanimously approved an increase in average SHBP premiums for only the third time in the last seven years. During the last 10 years, premiums have risen only 1.4% per year on average, Louis Amis, the SHBP’s executive director, told board members.

Amis said factors driving the 6% increase taking effect Jan. 1 include general health-care inflation, the continued prevalence of chronic conditions including diabetes and hypertension, and the increased use of anti-obesity medications such as Wegovy.

The SHBP spent $20 million on anti-obesity drugs during the last fiscal year, doubling the $10 million spent in fiscal 2023, he said.

Open enrollment for coverage begins Oct. 16 and runs through Nov. 8. Amis said plan members who do not choose an option will be enrolled in the lowest-cost plan.

Georgia, two other battleground states rated ‘Toss Ups’ in presidential race

ATLANTA – The Cook Political Report has moved the presidential race in Georgia, Arizona, and Nevada from “Leans Republican” to “Toss Up,” reflecting a surge in support for Vice President Kamala Harris in battleground states.

With those moves, the independent non-partisan newsletter now rates 235 electoral votes of leaning, likely, or solid Republican and 226 electoral voted leaning, likely, or solid Democrat. There are now 77 electoral votes rated as Toss Up. It takes 270 electoral votes to win.

The changing political landscape is a result of Harris’ entry into the race last month after President Joe Biden decided not to seek re-election amid questions about his age. The Harris campaign has energized Democrats and brought in a huge influx of donations.

Before Biden dropped out of the race, former President Donald Trump was leading in The Cook Political Report’s nationwide polling by about 2.5%.

“Things look a lot better for Democrats today than they did a few weeks ago, but Trump is looking stronger now than he did in 2020,” said Amy Walter, Cook’s publisher and editor-in-chief. “This is a Toss Up.”

The Cook Political Report cited missteps by the Trump campaign for enabling the Harris surge. Trump’s tapping of U.S. Sen. JD Vance, R-Ohio, has drawn widespread criticism because of remarks Vance has made on the campaign trail alienating women voters, while Trump’s insensitive comments at a forum sponsored by the National Association of Black Journalists insulted Black voters.

Trump also reopened his feud with Georgia Gov. Brian Kemp during a 90-minute rally last weekend in downtown Atlanta. Kemp refused to participate in then-President Trump’s ultimately unsuccessful bid to overturn the 2020 Georgia election results.

Still, Trump is polling stronger than he did at this point in the campaign four years ago, when Biden went on to defeat the incumbent president.

Kemp recommits to tort reform

ATLANTA – Gov. Brian Kemp Wednesday pledged to continue pushing major tort reform legislation when the General Assembly convenes in January for the 2025 legislative session.

Kemp made his announcement at the annual Congressional Luncheon in Athens sponsored by the Georgia Chamber of Commerce, the same venue he used a year ago to promise that comprehensive tort reform would be a major priority during the 2024 session.

However, in that session’s early days last January, the governor said getting tort reform done would require more than one year. As a result, lawmakers settled for passing legislation limiting the ability of plaintiffs in lawsuits against commercial truckers to file suit directly against a trucking company’s insurance carrier.

“We took the first meaningful steps on this issue this past session by creating a mechanism to gather needed information that will guide the next steps,” Kemp told a roomful of political and business leaders Wednesday. “And as we gather that data, I’m ensuring we listen to all stakeholders.”

Kemp announced he will hold a listening tour to hear from subject matter experts and industry leaders, including three roundtables that will inform his tort reform agenda for 2025.

Republican governors and GOP legislative leaders have worked for years to pass significant tort reform legislation. The most significant step in that direction came nearly 20 years ago with a bill that placed a $350,000 cap on non-economic damage awards in medical malpractice and product liability lawsuits. But the state Supreme Court declared the law unconstitutional in 2010.

Since then, legislative Democrats and their allies in the legal industry have joined forces to sink efforts to enact tort reform, arguing it would take away victims’ rights to their day in court.

Kemp is backing tort reform as a pro-business measure that would stop frivolous lawsuits from driving up insurance premiums to the point that the costs prevent Georgia businesses from creating jobs.

Woods reverses course on AP African American Studies

ATLANTA – State School Superintendent Richard Woods Wednesday rescinded his recommendation that an Advanced Placement African American Studies course not be added to the state’s curriculum offerings, citing a legal opinion from Attorney General Chris Carr.

Woods’ announcement effectively ended a furor of protests that arose from political leaders of both parties and educators two weeks ago when Woods announced his decision against adding the AP course, which was piloted by several school districts during the 2023-24 academic year.

Last week, Woods clarified his recommendation by asserting that a portion of the course curriculum in his judgement violated the controversial “divisive concepts’ law the General Assembly passed in 2022. The Republican-backed bill, which passed along party lines, prohibits teaching U.S. history in a way that might make any student feel guilty or that they are superior or inferior to anyone else based on their race.

At the time, Woods indicated he was seeking a legal opinion from the attorney general’s office. State Rep. Will Wade, R-Dawsonville, the divisive concepts bill’s chief House sponsor, also sought Carr’s input on whether the law’s provisions apply to AP, international baccalaureate, and dual enrollment courses.

The attorney general responded with a letter to Wade explaining that the law exempts those types of courses.

The law “shall not be construed or applied to prohibit the full and rigorous implementation of curricula, or elements of a curriculum, that are required as part of advanced placement, international baccalaureate (IB), or dual enrollment coursework; provided, however, that such implementation is done in a professionally and academically appropriate manner and without espousing personal political beliefs,” Carr wrote, quoting language from the bill.

Opponents of Woods’ original decision complained that doing away with AP African American studies would have meant failing to teach Georgia students the full history of the state and the nation, both good and bad.

In light of Wednesday’s announcement by Woods, any AP, IB, or dual enrollment course a local school district develops will be automatically adopted within the state-approved course catalog. It will not have to receive a recommendation from either the state school superintendent or the Georgia Board of Education.

State Election Board’s GOP majority changes certification requirements

ATLANTA – County officials can certify election results only after a “reasonable inquiry” ensures they’re accurate under a controversial election rules change the Republican-dominated State Election Board narrowly approved Tuesday.

The change, which passed 3-2, essentially does away with a provision in current state election law that says county elections superintendents “shall” certify election results by the Monday following an election, making certification a non-discretionary function.

“It’s guardrails to make the point that what we are doing is very important and not to be taken lightly,” said Michael Heekin, a Republican member of the Fulton County Board of Elections, who proposed the rules change.

The State Election Board’s Republican members argued that it’s common sense to expect local elections officials to want to make sure votes have been counted accurately before they sign legal affidavits certifying the results.

Board member Dr. Janice Johnston dismissed arguments that the 142 hours after an election local officials are given to certify results is not enough time to do anything but rubber stamp them.

“An election like that is no better than an election in Venezuela or Russia,” she said. “We’re not asking a board to do a full audit, just a reasonable inquiry.”

But Democrats accused Republicans of rushing the rules change through just 90 days before the November elections to give local elections officials leeway to potentially delay certification and throw results into question, a tactic former President Donald Trump used four years ago with a flurry of lawsuits after Democrat Joe Biden carried Georgia’s 16 electoral votes.

Board member Sara Tindall Ghazal, a Democrat, said the term “reasonable inquiry” is too vague,

“The definition, the way it’s stated, allows exploitation,” she said.

Nikhel Sus, deputy chief counsel for the group Citizens for Responsibility and Ethics in Washington, said the State Election Board doesn’t have the legal authority to let local election officials turn certification into a discretionary act.

“No statute gives county election superintendents discretion to conduct a free-roaming inquiry prior to certification,” he said.

But board member Janelle King, a Republican, said local election superintendents should not be expected to certify results if they’re not confident they’re correct.

“You don’t get to tell people to sign a legal document they’re not comfortable with and stand by it,” she said.

Board Chairman John Fervier, who joined Ghazal in opposing the change, said he received a series of emails from Democratic state lawmakers urging the board not to approve it. One suggested setting a time frame for how long a “reasonable inquiry” could last, while another argued giving local election officials such discretion over certification decisions could overwhelm them.

“They make some really good points,” Fervier said.