Legislative Update Number 2007.04 -- February 9, 2007

Lawmakers offering solutions to PeachCare crisis

By Rep. Pat Gardner

The news this week about the future of Georgia’s PeachCare for Kids program begins with an announcement from President Bush he would not include funding to cover the current $131 million federal shortfall in a special appropriations bill. Then, Georgia Department of Community Health Commissioner Rhonda Medows announced the program would stop accepting new enrollees effective March 11 unless the funding is approved.  Congressman David Scott is working on an amendment to the “War Appropriations” bill in Congress to add the money needed but Georgia will have to take some action to bridge the gap.  Others are looking for ways to cut access for kids.

PeachCare, which provides affordable health care to the children of working Georgia families, serves about 270,000 children throughout the state. PeachCare is a vitally important program, and it is essential that a solution be found to the current funding crisis.  The federal government asked all the states to enroll uninsured children in an insurance program through SCHIP and after nine years of a working partnership, the feds are saying there are no additional funds until reauthorization in September.

In that effort, this week I co-sponsored House Bill 324, which would increase the number of children eligible for coverage and thus increase premium payments to the state. The PeachCare for All Kids Act has strong bipartisan support. Using the state’s buying power, all Georgia children would have access to affordable, high-quality health coverage as part of a large group. Three types of coverage would be offered:

PeachCare for All Kids A would be a buy-in program with group premiums set by the state for families not eligible for B or C. Services would be substantially the same as those PeachCare covers now.

PeachCare for All Kids B would cover children in families with incomes between 200 percent and 400 percent of the poverty level. Premiums could be charged as under the current program, along with co-payments for non-preventive services. To comply with federal law, a three-month wait would be required if a family has voluntarily dropped other insurance.

PeachCare for All Kids C would increase the Medicaid income limit to about $40,000 a year for a family of four (200 percent of the federal poverty level). This means children 18 and under would be eligible at the same income limit that applies to pregnant women and their infants. Services would be the same as those now covered by Medicaid. There would be no cost sharing below 150 percent of poverty level, but co-payments could be charge for those between 150 and 200 percent for non-preventive services. Public employees’ children would be eligible in this category.

I am also a co-sponsor of HB 236, which would allow the state to fully fund the entire shortfall instead of relying on the federal government. This could be an additional option in case Congress fails to act in time to stop an interruption in the program.

In 2006, the General Assembly approved legislation that allowed Georgia to join the rest of the nation in authorizing advanced practice registered nurses (APRNs) to write prescription drug orders. However, soon after it was passed, the Composite State Board of Medical Examiners posted proposed rules that would govern how physicians are to practice under the new law. Numerous nurses’ organizations, hospital groups, individual physicians and state Public Health personnel spoke against the proposed rules at three public hearings. Despite the protests, the state board adopted the rules in December.

Almost all of the state’s health organizations view the rules dealing with APRN protocols to be unnecessarily restrictive, burdensome and not in the best interest of quality health care delivery. Most APRNs have determined the rules to violate the spirit of the 2006 law and have opted out of participating in such a restrictive environment. As a result, the new rules have negated the intent of the legislation and its benefits to health care delivery in Georgia.

In response, I have co-sponsored House Resolution 129, which strongly urges the Composite State Board of Medical Examiners to redraft its APRN protocol rules in a manner that conforms to the letter and spirit of the law passed last year, so that the General Assembly is not forced to revisit the issue during our current session.

Legislation requiring the use of seat belts in pickup trucks has been introduced in both the House and Senate, addressing an issue not only of public safety but also economics. As one of only a handful of states that still does not require the use of seat belts in pickups, Georgia is losing an estimated $21 million per year in federal highway safety funding. I am a co-sponsor of the House version of the legislation, HB 114.

To prevent an untimely cutoff of HOPE Scholarship money for a deserving student, I have co-sponsored HB 243. This bill would revise the definition of “eligible postsecondary institution,” so that enrollment in postsecondary courses at a branch of the Georgia Department of Technical and Adult Education will not count against the hourly caps for HOPE grants if the student graduates from high school..

I have also introduced a common-sense proposal that corrects a problem with enforcement of the Georgia Smokefree Air Act of 2005. HB 300 provides an exemption to the anti-smoking law for performers live theater when the script calls for them to be smoking. Advance notification to those attending the play would be required.

 

• Rep. Pat Gardner (D-Atlanta) represents the 57th District (Atlanta and DeKalb County) in the Georgia House of Representatives. Contact her at 604 Coverdell Office Building, Atlanta, GA  30334; by phone at 404-656-0265 or by e-mail at pat@patgardner.org.