05 HB
390/CSFA/AP
House
Bill 390 (AS PASSED HOUSE AND SENATE)
By:
Representatives Scott of the
153rd
and Brown of the
69th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 6 of Title 31of the Official Code of Georgia Annotated, relating
to state health planning and development, so as to create a State Commission on
the Efficacy of the Certificate of Need Program; to provide for legislative
intent; to provide for composition of the commission and the
commissiońs
powers and duties; to provide for compensation of the members of the commission;
to provide for officers of the commission; to provide for a quorum for the
transaction of business; to provide for a final report; to provide for related
matters; to provide an effective date; to provide for automatic repeal on a
certain date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
6 of Title 31 of the Official Code of Georgia Annotated, relating to state
health planning and development, is amended by adding a new Article 5 to read as
follows:
"ARTICLE
5
31-6-90.
The
General Assembly finds and declares that it is important to periodically assess
various existing state programs to determine whether such programs continue to
be viable and effective or whether they have become obsolete and have failed to
or ceased to accomplish their original policy objectives. The General Assembly
further finds that access to quality health care and the rising cost of such
care are vitally important to the citizens of Georgia. Therefore, the General
Assembly has determined that it is in the best interests of the state and its
citizenry to undertake an evaluation of the certificate of need
program.
31-6-91.
There
is created a State Commission on the Efficacy of the Certificate of Need Program
for the purpose of studying and collecting information and data relating to the
effectiveness of the certificate of need program in Georgia. The commission
shall be responsible for conducting a comprehensive review of the certificate of
need program which shall include, but not be limited to, the effectiveness of
the program in accomplishing its original policy objectives, the costs
associated with the program, and the impact on health care and costs of
continuing or discontinuing the program. Further, the commission shall undertake
to determine if changes to the program are needed in order to achieve its policy
objectives. These changes include, but are not limited to, a determination as
to whether services currently not subject to regulation should be regulated;
whether services currently subject to regulation should no longer be regulated;
and whether the current statutory appeals procedure properly balances the
competing goals of good decision making and timeliness, as well as whether or
not it is subject to abuse.
31-6-92.
(a)
The State Commission on the Efficacy of the Certificate of Need Program shall be
composed of 11 members. The Governor shall appoint four members. The President
Pro Tempore of the Senate and the Speaker of the House of Representatives shall
each appoint two members, as each deems advisable. The chairpersons of the Board
of Community Health and the Health Strategies Council, and the Commissioner of
the Department of Community Health shall be ex officio members of the
commission.
(b)
The Governor shall designate the chairperson of the Board of Community Health or
the chairperson of the Health Strategies Council to serve as the chairperson of
the commission. The commission may elect other officers as deemed necessary. The
chairperson of the commission may designate and appoint committees from among
the membership of the commission as well as appoint other persons to perform
such functions as he or she may determine to be necessary as relevant to and
consistent with this article. The chairperson shall only vote to break a
tie.
31-6-93.
(a)
The commission shall hold meetings at the call of the chairperson.
(b)
A quorum for transacting business shall be a majority of the members of the
commission.
(c)
Any legislative members of the commission shall receive the allowances provided
for in Code Section 28-1-8. Citizen members shall receive a daily expense
allowance in the amount specified in subsection (b) of Code Section 45-7-21 as
well as the mileage or transportation allowance authorized for state employees.
Any members of the commission who are state officials, other than legislative
members, and state employees shall receive no compensation for their services on
the commission, but they shall be reimbursed for expenses incurred by them in
the performance of their duties as members of the commission in the same manner
as they are reimbursed for expenses in their capacities as state officials or
employees. The funds necessary for the reimbursement of the expenses of state
officials, other than legislative members, and state employees shall come from
funds appropriated to or otherwise available to their respective departments.
All other funds necessary to carry out the provisions of this article shall come
from funds appropriated to the House of Representatives and the
Senate.
31-6-94.
(a)
The commission shall have the following duties:
(1)
To study and evaluate the effectiveness and efficiency of
Georgiás
certificate of need program and any other program or matter related to the cost
and quality of health care in Georgia, as determined by the
commission;
(2)
To undertake a comprehensive review of the certificate of need program which
shall include, but not be limited to, the effectiveness of the program in
accomplishing its original policy objectives, the costs associated with the
program, the benefits of continuing or discontinuing the program, the financial
impact of continuing or discontinuing the program, and the impact on the
quality, availability, and cost of health care if the program is continued or
discontinued;
(3)
To evaluate and consider the experiences and results in other states which
utilize and which have abolished certificate of need programs;
(4)
To identify findings and conclusions, including but not limited to
recommendations as to whether the certificate of need program should be
continued, discontinued, or modified;
(5)
To evaluate the impact of continuing or discontinuing the certificate of need on
providing patient care in trauma care hospitals, critical access hospitals, and
public hospitals;
(6)
To evaluate the impact of continuing or discontinuing the certificate of need
program on providing service to Medicaid and indigent patients; and
(7)
To make recommendations for proposed legislation.
(b)
The commission shall have the following powers:
(1)
To evaluate the certificate of need program in Georgia and any other program or
matter relative to the cost and quality of health care in Georgia;
(2)
To conduct a state-wide audit of the certificate of need program in
Georgia;
(3)
To request and receive data from and review the records of appropriate agencies
and health care facilities to the greatest extent allowed by state and federal
law;
(4)
To accept public or private grants, devises, and bequests;
(5)
To enter into all contracts or agreements necessary or incidental to the
performance of its duties; and
(6)
To conduct studies, collect data, or take any other action the commission deems
necessary to fulfill its responsibilities.
(c)
The commission shall be authorized to retain the services of auditors,
attorneys, financial consultants, health care experts, economists, and other
individuals or firms as determined appropriate by the commission.
(d)
Staff support for the commission shall be provided by the Department of
Community Health. The Department of Community Health may use any funds
specifically appropriated to the department to support the work of the
commission for such purpose.
(e)
The commission shall issue a final report which shall include proposed
legislation, if any, to the Governor and the General Assembly on or before June
30, 2007.
31-6-95.
The
commission shall stand abolished and this article shall be repealed on June 30,
2007."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.