Coronavirus testing ramps up in Georgia

Coronavirus cases have been confirmed in Georgia. (Image: Centers for Disease Control and Prevention)

ATLANTA – State health officials stepped up testing for coronavirus in Georgia Thursday following confirmation earlier this week of the state’s first two cases.

Gov. Brian Kemp said late Thursday afternoon that no new COVID-19 cases have been confirmed so far after two people tested positive for the virus Monday night.

Dr. Kathleen Toomey, the state’s public health commissioner, said the risk remains low for an outbreak in Georgia and there are no signs now that the virus is spreading within local communities.

But as health officials begin testing more people arriving in Georgia from other countries, Toomey said she expects more confirmed cases could surface.

“We expect we will ultimately find more positive cases,” Toomey said at a news conference Thursday. “The more you test, the more you find.”

Georgia’s state lab began testing for the virus Thursday, tripling the number of diagnostic tests the state has conducted so far, Toomey said.

She did not give a specific count of how many tests were done before Thursday but said it was a “small number.”

The state now has more than 2,500 diagnostic test kits on hand from the federal government capable of completing 1.5 million individual tests, Kemp said.

Anyone in the state will be able to receive testing regardless of the status of their health insurance, Toomey said.

“If you are uninsured, we will provide the test for free,” she said.

Georgia Public Health Commissioner Kathleen Toomey talks about coronavirus testing at a news conference on March 5, 2020. (Photo by Beau Evans)

Georgia joined a growing list of states this week with confirmed cases of coronavirus, which is thought to spread largely by “respiratory droplets” when someone coughs or sneezes after symptoms are present, according to the federal Centers for Disease Control and Prevention.

Symptoms appear within 14 days of contraction and include fever, coughing and shortness of breath.

Two infected Georgians, a father and his son, have been quarantined with family at their home in Fulton County and showed mild symptoms, according to officials.

The father tested positive for the virus after arriving via Hartsfield-Jackson Atlanta International Airport last week from a trip to Milan, Italy, where the outbreak has infected thousands of cases and led to more than 100 deaths.

Italy is one of a few countries – along with China, Iran and South Korea – where travel restrictions and screening have been ramped up at the Atlanta airport in recent days, said Hartsfield-Jackson’s general manager, John Selden.

The airport, along with federal health officials, has instituted multi-layered testing for travelers arriving from China and Iran, Selden said. So far, only one person has been sent to Emory University Hospital in Atlanta for additional screening, who tested negative for the virus.

The update Thursday afternoon from state officials came shortly after Congress approved $8.3 billion in federal funding for coronavirus control and prevention. The spending package includes money to develop a vaccine for the as-yet untreatable disease.

It also comes ahead of President Donald Trump’s scheduled visit to the Centers for Disease Control and Prevention in Atlanta on Friday.

Kemp, who last week convened an expert group to handle coronavirus prevention and response activities, said more than 100 cases have been confirmed in the U.S. to date.

He urged “common-sense practices” like hand washing, covering one’s mouth when sneezing or coughing and avoiding sick persons when possible.

“This is still no time for Georgians to panic,” the governor said.

Georgia eying tougher rules for non-monetary ‘signature’ bail bonds

ATLANTA – Fewer people arrested in Georgia could be released on their own recognizance under bail-reform legislation that cleared the state Senate this week.

Calls have long arisen for Georgia judges to rely less on issuing signature, or own-recognizance, bonds that do not require arrested persons to pay a bail amount to be released from jail.

Critics say these bonds too often lead to people committing other crimes after they were recently let out of jail on their own recognizance.

But proponents of the practice argue large bail amounts tend to punish low-income persons arrested for minor offenses like petty theft or drug use, while wealthier defendants can spend their way free.

Senate Bill 402 would abolish signature bonds and require that any bond that has a set dollar amount would need to be paid in full to secure release.

Arrested persons could still be released on their own, but they would be issued “unsecured judicial release” bonds that do not list a dollar amount.

However, the bill would not permit those non-monetary bonds to be issued for several felony charges ranging from murder and rape to drug trafficking, DUI and criminal street gang activity.

The bill’s sponsor, Sen. Randy Robertson, said judges would still be given discretion to send offenders to treatment and diversion programs instead of jail.

Judges could also still set very low bail amounts to ease the financial burden on defendants if they wanted, he said.

Robertson, R-Cataula, said his proposal aims to keep violent offenders from being released prematurely from jail and to better reflect how much money – or lack thereof – defendants are actually paying for bail.

“The ongoing misuse of these bonds is creating an immediate risk to the state of Georgia,” Robertson said from the Senate floor.

Robertson, a retired major with the Muscogee County Sheriff’s Department, highlighted the case of 25-year-old Ahmad Coleman, who was arrested last October for allegedly opening fire near an Atlanta library, wounding four college students.

At the time, Coleman was out on his own recognizance with a $120,000 signature bond stemming from his arrest months prior for allegedly opening fire at an apartment complex.

The Senate passed the bill on Tuesday by a 46-8 vote. It now heads to the Georgia House of Representatives.

Opponents of Robertson’s bill worry expanding the kinds of crimes that would no longer qualify for non-monetary bonds could hurt lower-level offenders with less means to pay bail.

Zanele Ngubeni, an Atlanta defense attorney who spoke at a Senate Judiciary Committee hearing last week, said recognizance bonds have a track record of incentivizing defendants to show up for court hearings. State law is already tough enough to punish those who skip court, she said.

“Essentially, we’re perpetuating wealth-based detention,” Ngubeni said.

Jill Travis, executive director of the Georgia Association of Criminal Defense Lawyers, warned the bill could potentially limit how many people would qualify for alternative-sentencing programs despite Robertson’s assurances.

She called for language changes to make it clearer that judges could allow defendants to participate in pre-trial treatment programs.

“There’s no opportunity for pre-trial involvement anymore on a recognizance,” Travis said last week. “The only way to do this is using a bonding company, using cash or using property.”

But victims of crimes committed by offenders out on their own recognizance insist Georgia needs stricter rules on non-monetary bonds.

Daphne Jordan, an Atlanta resident who said her sister was shot by a repeat offender, dismissed the argument that curtailing signature bonds would disproportionately affect poorer people in jail for small-time offenses.

“When I hear people say [that] people who commit crimes don’t have the ability to pay for their bonds, then they should not commit crimes against people who are hard-working individuals who are out here trying to make a living,” Jordan said.

Bill creating licenses for hemp farmers in Georgia clears House

ATLANTA – The Georgia House passed a measure Thursday requiring hemp farmers and sellers to hold licenses showing they are authorized to possess the non-psychoactive cousin of marijuana.

House Bill 847 follows passage last year of a measure that legalized the growing, processing and transport of hemp. It deals with crucial licensing requirements as well as penalties for carrying hemp without proper documents.

Under the bill, anyone caught with hemp who does not have a proper license would face the same penalties as for marijuana possession in Georgia. That could include jail time and fines, depending on the amount of leafy-green substance being carried.

With a license, hemp farmers and others in the new industry could cultivate and transport hemp like any other agricultural product. A late revision to the bill also added college and university hemp researchers to the list of eligible licensees.

Licenses would require paying the state Department of Agriculture a permit fee of $25,000 for the first year and $50,000 for every year thereafter.

The bill, sponsored by Rep. John Corbett, R-Lake Park, cleared the House by a 159-7 vote. It now heads to the Senate for final approval.

States have rushed into the hemp business in recent years to take advantage of its many commercial uses, including the manufacture of rope, textiles and CBD oil used to treat a variety of illnesses.

But how to distinguish the leafy green substance from its still-outlawed cousin, marijuana, has tripped up law enforcement representatives and criminal justice reform advocates concerned about conducting traffic stops.

Corbett’s bill aims to clear up concerns over expensive testing of hemp during traffic stops by requiring official paperwork.

With the licensing and enforcement structure in place, many state lawmakers representing rural parts of Georgia are hailing the burgeoning industry as a new and potentially lucrative crop for farmers.

“We are not making decisions for them,” said House Agriculture and Consumer Affairs Committee Chairman Tom McCall, R-Elberton. “But we are giving them the opportunity to maybe grow another crop that they can make a profit on.”

‘Hidden Predator’ bill widens lawsuit window for child sex abuse lawsuits in Georgia

ATLANTA – State lawmakers are mulling whether to broadly expand the statute of limitations in Georgia for people to sue who were sexually abused as children by members of businesses and nonprofit groups like the Catholic Church or Boy Scouts of America.

Since 2015, victims in Georgia have been able to sue their abusers and organizations that covered up the abuse before they turn 23 years old or within two years after those victims realized what they suffered was in fact abuse.

Victim advocates have praised that statute-of-limitation window as a tool for securing justice for people who repressed memories of their abuse for decades. But they argue Georgia law is still too limiting.

House Bill 479, dubbed the “Hidden Predator Act,” would expand the age range and timeframe for many more adults in Georgia to file lawsuits for sexual abuse they suffered as children.

Supporters say the changes represent a much-needed legal show of support for victims, while opponents warn it could unleash a wave of litigation capable of crippling social-benefit groups like schools and churches.

Sponsored by Rep. Heath Clark, R-Warner Robins, the bill would let anyone between the ages of 23 and 52 file suit before July 1 of this year if they were abused as children. It would also extend the time people have to file suit from two years to four years after they realized they were abused.

That would give people suffering from repressed memories and deep trauma more time to understand the effects of abuse and decide whether to seek litigation as adults, said Emma Hetherington, a University of Georgia assistant clinical professor who runs the school’s Wilbanks Child Endangerment and Sexual Exploitation Clinic.

“It’s very akin to a veteran in combat who suffered post-traumatic stress disorder,” Hetherington said at a House Judiciary Committee hearing Wednesday.

Most contentiously, the bill would allow for a one-year window starting this July for victims of any age to sue their alleged child abusers for abuse that happened at any time.

The one-year window would also apply to lawsuits filed against employer groups that harbored an abuser or buried evidence of the abuse – but only for alleged abuse that happened since July 1, 1973.

Other states like New York have recently passed laws giving victims a limited window to sue for cases dating back decades ago. Rep. Mary Margaret Oliver, D-Decatur, said Wednesday that Georgia should follow their lead.

“We’ve got to get in line,” she said. “We are preventing victims from getting in that line without passing this bill.”

But attorneys concerned about the impacts of more lawsuits on Georgia argue much of the bill’s language is too broad and could prompt a rush to the courts.

Mark Behrens, a Washington, D.C.-based corporate defense attorney representing the American Tort Reform Association, highlighted news reports stating the enactment of New York’s statute-of-limitations law change inspired hundreds of lawsuits to be filed in a single day.

“The financial impacts are going to be enormous in your state,” Behrens said Wednesday.

The Catholic Church especially faces exposure to lawsuits for abuse that occurred decades ago, during a time when church officials had a different policy for disciplining abusive priests than they do now, said Frank Mulcahy, executive director of the Georgia Catholic Conference.

He worried that policy, which involved sending abusive priests to “treatment” rather than alerting law enforcement, could draw churches into legal jeopardy due to a provision in the bill allowing victims to sue organizations for “concealing (or) attempting to conceal” evidence of priest abuse.

“We know today it’s virtually impossible to cure a pedophilia person. But we didn’t know that at the time,” Mulcahy said.

“We would be involved in concealing that under this definition,” he added, “even though what we did was to try to help the person and the church as well.”

House lawmakers on the committee did not vote on Clark’s bill Wednesday. It is expected to go through some changes before returning for a committee vote in the coming days.

Ride-hailing fee passes Georgia Senate after winding road

ATLANTA – A proposed fee for bookings of ride-hailing services like Uber and Lyft cleared the Georgia Senate Wednesday on the promise that revenues from the new charge would go entirely to fixing the state’s roads and public transit systems.

The path to imposing a flat fee instead of state sales taxes on Uber and Lyft has wound through two legislative sessions, lobbyist pushback and Hurricane Michael.

Originally, House Bill 105 by Rep. Sam Watson, R-Moultrie, only involved an income-tax exemption for farmers receiving federal disaster aid payments to recover from Hurricane Michael, which pummeled the heart of Georgia’s agriculture industry in late 2018.

But last week, Senate lawmakers tacked on an amendment to Watson’s bill that proposes charging a 50-cent fee for ride-share bookings for single passengers. The fee would be 25 cents for multiple passengers.

With the fee, ride-share companies like Uber and Lyft, plus taxi and limousine companies, would not have to pay state sales tax.

Representatives for San Francisco-based Uber favor paying the fee over sales taxes, arguing a tax levy would drive up costs for riders and drivers.

Revenues from the fee would be dedicated to transportation and transit infrastructure projects in the state, said Sen. Steve Gooch, who spearheaded the amendment.

“We believe that this revenue is important for transportation,” said Gooch, R-Dahlonega.

If signed into law, the fee could drum up between $24 million and $45 million for the state in its first full year in effect, according to a fiscal note. County and city governments, which would not benefit from the fee, would lose out on between $16 million and $26 million the first year.

The heavily revised bill passed the Senate by a 51-2 vote, with Sens. Renee Unterman and Greg Dolezal voting against it. It now heads back to the House, which could give it final passage.

But even more legislative maneuvering is needed first before money from the fee could go exclusively to transportation and transit.

State law requires that any proposals to dedicate tax revenue to a specific purpose gain voter approval via a constitutional amendment, which first needs to pass the legislature by a two-thirds vote.

A proposed constitutional amendment was tucked in Tuesday to an entirely separate measure, House Bill 164, dealing with fees raised from scrapping old tires. With this proposal, the General Assembly is angling to expand its ability to dedicate sales taxes for specific purposes, said Senate Finance Committee Chairman Chuck Hufstetler.

“Anything that the legislature would want to dedicate in the future, they could do that,” Hufstetler said Wednesday.

Wednesday’s vote in the Senate stems from earlier efforts to collect sales taxes on third-party retailers like Amazon and Google that facilitate online transactions for other businesses.

House and Senate lawmakers hashed out a compromise for those so-called “marketplace facilitators” in January after pledging to give Uber an exemption in separate legislation.

A similar 50-cent fee on Uber and Lyft rides had previously been slated for inclusion in a measure sponsored by Rep. Kevin Tanner, R-Dawsonville, that seeks to raise more funding for rural transit services.

Last week, state officials announced farmers in the southern part of the state could start applying next month to receive Hurricane Michael recovery funds part of a $347 million federal aid package.

Bills sharpening rules on pharmacy drug prices in Georgia pass House

ATLANTA – Legislation aimed at tightening rules on third-party companies that play a role in negotiating pharmaceutical drug prices between insurers and local pharmacies in Georgia passed the state House Wednesday.

Companies called pharmacy benefits managers (PBMs) act as go-betweens for prescribers and insurance companies that contract with health insurers to negotiate lower drug prices for patients.

But critics accuse them of muddling up the process, prompting increases in drug prices and unnecessary delays in filling prescriptions.

Three bills cleared the House by near-unanimous votes Wednesday to increase regulations on pharmacy benefits managers. They now head to the Georgia Senate.

House Bill 946, by Rep. David Knight, R-Griffin, would require pharmacy benefits managers to set prices within 10% of a nationally used average and require them to undergo financial audits by the state Department of Insurance. It would also require all rebates from drug makers to be distributed to patients, rather than allowing pharmacy benefits managers to keep a portion.

Knight’s bill would also ramp up penalties against certain fees and the practice of steering, in which PBMs direct patients to use associated pharmacies with potentially higher costs. The practice was prohibited last year in Georgia, but Knight’s bill proposes levying a new fine against PBMs that disregard the state anti-steering law.

Speaking from the floor, Knight said his bill would crack down on the “heinous practices” of pharmacy benefits managers.

“We will not take this in Georgia anymore,” Knight said. “It is not good health care policy. It is not good for the patients and it is not good for providers.”

The bill passed by a 165-1 vote with Rep. Matt Gurtler, R-Tiger, voting against it.

Knight’s bill mirrors separate legislation filed in the Senate by Sen. Dean Burke, R-Bainbridge. That measure, Senate Bill 313, drew support from hospital and pharmacy groups as a way to keep smaller pharmacies in Georgia from going out of business amid increasing drug costs. It cleared the Senate Insurance and Labor Committee on Tuesday.

In previous committee hearings, PBMs have argued the bill would hamstring them when negotiating with big pharmaceutical companies for lower prices, potentially driving up costs overall by giving drug makers free rein to set prices as they please.

Industry representatives also said Burke’s measure ignores the influences of other players like drug manufacturers and wholesalers in the complex series of transactions that lead to final prescription costs.

A separate bill by Knight passed unanimously on the House floor Wednesday that would require the state Department of Community Health, which administers Medicaid in Georgia, to study whether to remove prescription drug benefits from the state’s Medicaid managed care system.

The measure notes West Virginia carved out pharmacy benefits from its Medicaid manager list and saved millions of dollars in administrative costs.

The House also unanimously passed a third measure, House Bill 918 by Rep. Sharon Cooper, that would bolster rules on steering and relax some penalties for pharmacies that are audited by PBMs.

Cooper, who chairs the House Health and Human Services Committee, said Wednesday her measure aims to stop PBMs from fining pharmacies for small clerical errors like mislabeling, which can cost local pharmacies thousands of dollars.

“We have to put a stop to corporations running medicine,” said Cooper, R-Marietta. “They’re going to put pharmacists out of business.”