Georgia House committee passes surprise billing measure

Georgia Rep. Lee Hawkins

ATLANTA – Legislation aimed at ending the practice of “surprise billing” of medical patients in Georgia cleared a committee in the state House of Representatives Tuesday.

Lawmakers have been trying for years to help patients hit with unexpected charges from hospitals that participate in their insurance plan’s network for health-care services provided by out-of-network specialists.

“People are getting into financial trouble and losing everything they have, in some cases, because of a misunderstanding,” Rep. Lee Hawkins, R-Gainesville, chief sponsor of the bill, told members of the House Special Committee on Access to Quality Health Care. “We’re going to end that misunderstanding.”

House Bill 888 would require insurance companies to pay out-of-network physicians either a “contracted amount” based on rates charged in 2017 for various procedures, or a higher charge that the insurer proposes.

Disagreements between the insurer and provider would prompt an arbitration process overseen by the state Department of Insurance, which would contract with outside private arbitration companies to decide the final bill.

On Tuesday, consumer advocates and lobbyists representing hospitals and health-insurance companies spoke out in support of the legislation.

“It takes Georgia patients out of disputes between insurance companies and medical providers,” said Liz Coyle, executive director of Georgia Watch, a consumer organization based in Atlanta.

But representatives of physician groups raised concerns that the bill would cover not only emergency services provided outside of a patient’s network but non-emergency procedures for which a patient could prepare ahead of time.

“We understand the need to protect consumers,” said Victor Moldovan, a lawyer representing the Independent Doctors Association of Georgia. “But what this bill does … is take the fangs out of the ability of doctors to negotiate their rates.”

Mary Shea Ross-Smith, a lobbyist for the Kaiser Foundation Health Plan of Georgia, said she’s concerned the bill would not apply the ban on surprise, or “balance,” billing to patients forced to go to a non-network medical facility for treatment in an emergency.

“In that situation, that member should not be balance billed,” she said.

But Hawkins said most patients hit with a surprise bill have gone to an in-network facility only to be charged for services provided by an out-of-network specialist. He suggested addressing that issue now in order not to further complicate the legislation and dealing with services provided at out-of-network facilities later.

An identical bill is pending in the Georgia Senate. The Senate bill, sponsored by Sen. Chuck Hufstetler, R-Rome, is expected to go before the Senate Health and Human Services Committee on Wednesday.

House committee puts back spending cuts in mid-year state budget

ATLANTA – Budget writers in the Georgia House of Representatives Tuesday restored some of the spending cuts Gov. Brian Kemp has requested in his mid-year state budget to help offset sluggish tax revenues.

The $27.4 billion fiscal 2020 mid-year budget members of the House Appropriations Committee adopted puts back funding for food safety, mental health services, Georgia’s public defenders and the state’s accountability courts.

Since receiving Kemp’s budget proposals last month, lawmakers have expressed concerns that the depth of some of the cuts would hit state agencies that have yet to recover from the spending cuts they were forced to absorb during the Great Recession more than a decade ago.

Those fears were reinforced when state agency heads warned during budget hearings of the impacts the cuts would have on programs and services.

The list of worried department heads included Commissioner of Agriculture Gary Black, who asked lawmakers not to reduce his food safety workforce. On Tuesday, the appropriations panel added back five food safety inspectors who had been cut from the mid-year budget.

In the criminal justice arena, the House committee transferred $1.5 million from the Georgia Prosecuting Attorney’s Council to the state Public Defender Council to avoid job losses among Georgia’s public defenders.

The popular accountability courts then-Gov. Nathan Deal launched several years would see a $1.3 million cut restored.

Rep. Terry England, chairman of the Appropriations Committee, said depriving the accountability courts of the funding they need would send more criminal defendants to prison rather than managing them through a less costly alternative.

“They would certainly wind up with a less cost-effective method of dealing with what they’ve done,” said England, R-Auburn.

The Department of Natural Resources, in charge of state parks and environmental compliance, had funds added back for maintenance and law enforcement following concerns its budget had not recovered yet from the recession. The DNR was hit particularly hard when the economic downturn sent tax collections plummeting in 2008.

“We’re trying to keep them still fully in play,” said Rep. Sam Watson, R-Moultrie, chairman of the House Appropriations General Government Subcommittee.

Lawmakers have been particularly worried about the potential impacts of cuts to mental health services. On Tuesday, the Appropriations Committee reduced proposed reductions to the number of residential treatment beds and added $2.8 million for behavioral “ health core” services.

“We’re able to make some improvements,” said Rep. Katie Dempsey, R-Rome, chairman of the Appropriations Human Resources Subcommittee. “It’s a very, very good day for this part of the budget.”

The committee also added $44,111 to the $200,000 the governor recommended for the Georgia Access to Medical Cannabis Commission. The General Assembly created the commission last year to oversee the growth, production and sale of cannabis oil in Georgia for treatment of a variety of diseases, but it is off to a slow start.

The full House is expected to take up the mid-year budget on Wednesday.

Staff writer Beau Evans contributed to this report.

Mass timber construction technology holds promise for Georgia forestry

The Kendeda Building on the Georgia Tech campus. Photo by The Miller Hull Partnership

ATLANTA – Georgia’s timber industry, which already tops the nation in a number of categories, may get a boost from new technology that lets developers construct mid-rise office buildings made mostly of wood.

The General Assembly is considering legislation asking the state Department of Community Affairs to recommend whether Georgia should adopt a provision in the International Building Code that allows buildings constructed of “mass timber” to rise as high as 18 stories. The state building code limits wood office buildings to six stories.

Other countries and some states already are taking advantage of the international provision to put up mid-rise office buildings well above Georgia’s height limit, said Rep. John Corbett, R-Lake Park, chief sponsor of House Bill 777 and a timber farmer.

“Out on the West Coast, Washington and Oregon have done it. Canada has been using it for some time,” he said. “It’s going to be a good fit for our Southern yellow pine. It’s a good opportunity for us.”

Georgia already is the No. 1 state in commercially available timberland, with 22 million acres of privately owned forests. The Peach State also is tops in the nation in exports of pulp, paper, wood fuel and wood pellets.

Forestry generates an annual economic impact of $36.3 billion and is Georgia’s second largest industry, accounting for 148,414 direct and indirect jobs, according to the Forsyth-based Georgia Forestry Association.

Andy Barrs, president and CEO of Watkinsville-based Barrs Industries, which owns stretches of timberland throughout the Southeast, said the science of building with mass timber has existed for decades. But the market for mid-rise office buildings made mostly of wood is still emerging, he said.

Builders glue cross-laminated timbers together to create a strong material that can be used for floors, ceilings and load-bearing walls, Barrs said.

“They can cut the pieces exactly, so the preciseness is very high,” he said. “It allows buildings to occur in urban areas with a smaller footprint. It’s a very efficient way to build, kind of like Lincoln Logs.”

Bill de St. Aubin, CEO of Sizemore Group, an architectural firm based in Atlanta, said concerns over fire protection have prompted some hesitation to use wood in mid-rise office buildings. But mass timber – unlike the wood used in stick-built residential construction – is actually more fire resistant than steel, he said.

“The new law recognizes wood is a protective material,” he said. “Mass timber doesn’t light easily. … Mass timber is very thick. It’s a really strong material.”

Mass timber has yet to make significant inroads in Georgia. Some cities passed ordinances in recent years limiting the height of buildings made of wood, but the General Assembly passed a bill in 2018 prohibiting local governments from imposing height restrictions below what the state code provides.

Use of the technology currently is limited to two buildings in Atlanta. The recently completed T3 West Midtown building at Atlantic Station consists of a concrete ground floor and six stories made of wood.

 The recently opened 47,000-square-foot Kendeda Living Building on the campus of Georgia Tech won last year’s top prize for innovative sustainable design from the Atlanta Regional Commission.

Sizemore Group currently is building a new church for Our Lady of Lourdes in Atlanta’s Old Fourth Ward, the city’s oldest African American Catholic church.

“Every project I do now, I look at mass timber first,” Aubin said.

Andres Villegas, president and CEO of the Georgia Forestry Association, said the ability to construction mid-rise office buildings from wood would go a long way toward sustaining the state’s timber industry.

“It will give landowners a reason to continue planting trees,” he said. “It’s a great opportunity for us, especially in Atlanta where we have so much construction this can be applied to.”

The House bill calls for the Department of Community Affairs to begin its review of the International Building Code this summer and complete its work before July 1, 2021.

Villegas said he’s not surprised by the length of the process.

“It takes a little time for new technology to be accepted,” he said. “There’s a lag time that occurs with the international building codes being adopted at the state level.”

House Bill 777 passed the House Agriculture & Consumer Affairs Committee unanimously early this month and is expected to before the full House soon.

Atlanta pro sports executives talk up sports betting

ATLANTA – The top executives of the Atlanta Braves, Falcons and Hawks pitched legislation to legalize sports betting in Georgia Thursday at a luncheon sponsored by the Atlanta Press Club.

Derek Schiller of the Braves, Rich McKay of the Falcons and Steve Koonin of the Hawks said sports betting wouldn’t spur a direct windfall of revenue for their teams. Rather, the benefit would come from increasing fan engagement, they said.

“Somebody who bets on a game is 19 times more likely to watch it,” said Koonin, the Hawks’ president and CEO.

Sports betting is a relatively recent arrival on the legalized gambling scene. It wasn’t possible until a U.S. Supreme Court ruling in 2018 struck down a federal law that banned commercial sports betting in most states.

Since then, 11 states have legalized sports betting, seven others have approved  but are yet to launch sports betting and 24 states – including Georgia – are considering legalization legislation.

State Rep. Craig Gordon, D-Savannah, has introduced a constitutional amendment asking Georgia voters to decide in a statewide referendum whether to legalize sports betting.

A separate “enabling” bill sponsored by Rep. Ron Stephens, R-Savannah, one of the biggest supporters of legalizing gambling in the General Assembly, contains specifics on how sports betting would operate in Georgia. For one thing, betting would be conducted through cellphones and other mobile devices, since Georgia has no brick-and-mortar betting facilities such as casinos.

“The phone is where a lot of consumption is going on in the digital world,” said McKay, the Falcons’ president and CEO

Stephens’ bill also would prohibit betting on amateur sports, including college games. A portion of gambling proceeds would go toward education in Georgia.

The prospects for getting sports betting through the General Assembly this year are not encouraging. Georgia Senate Majority Leader Mike Dugan, R-Carrollton, said last month that legalizing gambling is not a priority in his caucus.

Lobbyists for religious groups oppose legalized gambling in any form – sports betting, casinos or pari-mutuel betting on horse racing – as an immoral activity that carries hidden social costs including increased crime and gambling addictions.

But Schiller, the Braves’ president and CEO, said gambling is already going on in Georgia.

“Sports betting is happening today illegally, and the state of Georgia is receiving no tax dollars for it,” he said. “It’s really found money that’s not happening today.”

Schiller also argued that legalizing sports betting rather than allowing it to go on illegally would give the state the tools to regulate the activity, including setting age limits and putting restrictions on the use of credit cards.

Panel approves first round of Georgia Outdoor Stewardship Act projects

Chattahoochee Bend State Park

ATLANTA – A variety of land conservation, restoration and parks projects across the state would land the first round of funding through the Georgia Outdoor Stewardship Act voters approved in November 2018.

A state House subcommittee Wednesday approved 14 projects to be funded with $20 million raised through a new tax on purchases of sporting goods. More than 83% of Georgia voters ratified a constitutional amendment creating the tax.

“We have a growing state,” Mark Williams, commissioner of the state Department of Natural Resources (DNR), told members of the subcommittee. “We need to have a place for people to spend time with their families and enjoy the outdoors.”

State agencies, local governments and nonprofit conservation groups submitted 58 project applications last year worth more than $78 million. An advisory board created by the legislation worked with the DNR to select projects based on their conservation and recreational value and whether the benefits they would bring would be or regional or statewide significance.

“We had no bad projects,” said Rob Stokes, the program coordinator for the DNR. “It just got so competitive these are the cream of the crop for this year.”

Among the projects selected were six the DNR submitted, including $3.5 million for the first phase of the planned acquisition of the Ceylon property and $2.6 million to acquire 7,000 acres of undeveloped land at Cabin Bluff. Portions of both tidal marshland properties in Camden County are slated to become new wildlife management areas.

Three of the other DNR projects would involve restoration of longleaf pine forests, including one restoration project related to recovery from the damage wreaked by Hurricane Michael in October 2018.

Other projects on the list include parks projects in Forsyth County and the city of Johns Creek, $2.3 million to fund a portion of a planned canoeing and kayaking trail on the Chattahoochee River that eventually will connect Lake Lanier with Chattahoochee Bend State Park, and an extension of the Atlanta Beltline’s Westside Trail.

Under the legislation that created the program, the project list the House subcommittee adopted Wednesday will go straight to the Georgia Senate. However, the House will get to weigh in on the $20 million allocated for the program’s first year as part of the budget process.

AT A GLANCE

Here are the 14 projects to be funded during the first year of the Georgia Outdoor Stewardship Act:

Applicant             Project name      Funding requested

DNR Coastal Resources Division  Noyes Cut Ecosystem Restoration             $1.7 million

DNR Wildlife Resources Division Cabin Bluff Acquisition    $2.6 million

DNR Wildlife Resources Division Ceylon Acquisition Phase 1          $3.5 million

DNR Wildlife Resources Division Sprewell Bluff Longleaf Restoration          $69,025

DNR Wildlife Resources Division Post-Hurricane Michael Longleaf Restoration      $60,500

DNR Wildlife Resources Division Sandhills Longleaf Restoration    $26,884

Forsyth County  Eagles Beak Park              $2.3 million

Jefferson County              Where the Moss Meets the River             $898,983

City of Johns Creek          Cauley Creek Park Development $3 million

South Fork Conservancy Convergence Nature Trail Network and Blueway $950,500

Trees Atlanta Inc.            Atlanta Beltline Westside Trail Extension               $1 million

Trust for Public Land       Chattahoochee Camp and Paddle Trail    $2.3 million

Unified Government of Athens-Clarke County      Restore Our River            $550,000

City of Winder    Winder/Fort Yargo Multi-Use Connector Trail      $1 million

TOTAL                                 $20 million

Source: Georgia Department of Natural Resources