Legislative Update 02/03/25

Getting in Gear

by Dawn A. Randolph, MPA
CEO, Georgia Pharmacy Association 
 
Welcome to our fourth weekly Legislative Update Newsletter of the 2025-2026 Georgia General Assembly Legislative Session.

We'll start once again with a look at key events this week: 
 

Monday, February 3 is Legislative Day ten. While this is the quarter mark for legislative days, we know that most of the work comes fast and furious before Crossover Day until Sine Die. Also, Senate Health and Human Services is scheduled to meet at 2pm, SB 6 is on the agenda. House Health Committee is scheduled to meet at 2pm.

Tuesday, February 4 through Thursday February 6, completes thirteen Legislative Days. Committee meetings will start to be added throughout the week.

OF NOTE: The Senate Rules committee began meeting this week and will generally meet every legislative day upon adjournment. In both chambers, The Rules Committee is a very powerful committee that decides when or if legislation makes it in front of the chamber for a full vote. A piece of legislation can make it out of a committee but cannot be voted upon unless it also passes through the Rules Committee. We anticipate the House Rules Committee will begin meeting soon. Historically House Rules has met at 9am on legislative days.
 
In the Hopper!
 
We hope everyone took action last week on the State Health Benefit Plan (SHBP) Reimbursement rate bill. (If you missed it, don’t worry – you can still take action: see below!) Rep. Trey Kelley (R-Cedartown) dropped the bill in the hopper* on Thursday. HB 196 would require pharmacies be reimbursed at NADAC plus $10.64 + 4% in the Georgia’s SHBP and university system health plans. Bi-partisan co-sponsors include Chairwoman Darlene Taylor (R - Thomasville), Chairman Matt Hatchet (R - Dublin), Minority Leader Carolyn Hugley (D – Columbus), Chairman Rick Jasperse (R - Jasper), and Governor’s Floor Leader** Rep. Matthrew Gambill (R- Cartersville), among others.
 
We anticipate HB 196 will be assigned a committee later today. Be on the lookout for action alerts on this bill.
 
Talk Legislative = Terms to know and use!
*Hopper: the physical container where bills get filed with the chamber clerks.  There is a House hopper and a Senate hopper.
** Governor’s Floor Leader: Each year the Governor appoints certain members as his Floor Leaders in each chamber to help steer the Governor’s priorities.

Please reach out to your state house representative and ask them to cosponsor HB196. When you call, email, or text your state representative:
  1. Let them know you continue to be under-reimbursed in the State Health Benefit Plan and university system plan; and that
  2. Representative Trey Kelley is introducing a bill this week to ensure fair and transparent reimbursement in these state plans; and
  3. Ask them to please cosponsor this legislation.
You can find contact information for your state house representative here at the Georgia General Assembly website. 

Courts and Torts

Courts and Torts were the running themes last week with the State of Judiciary on Tuesday and Governor Kemp unveiling his tort reform package on Thursday (but don’t call it tort reform). 


Georgia Supreme Court Chief Justice Michael P. Boggs addressed a joint session, reporting that the state of the Judiciary is strong. There are currently seven counties considered “legal deserts” with no licensed attorney. Georgia Supreme Court Judge Carla Wong McMillian and Georgia Court of Appeals Judge Stephen Dillard will co-chair an Access to Justice committee, which will bring recommendations on how to address legal access (or lack thereof) across the state. Chief Justice Boggs also highlighted his concerns about the growing number of violent threats judges, their families and judicial staff have endured. At least one piece of legislation has been introduced to protect personal information of judges, such as home address, and there will be a budget request for security enhancements for courthouses.

Governor Kemp packed the House and Senate between the 2nd and 3rd from floor to ceiling. He spoke to the crowd about his signature piece of legislation this session. The bill will address:

  • Premise Liability - limit businesses being sued for some injuries on their properties;
  • Damage Awards - regulate calculation of damages in personal injury cases;
  • Seat belt - in some cases allow juries to consider awards based on if someone was wearing a seat belt;
  • Attorney's fees – how they are formulated;
  • Third-Party Litigation - restrict groups outside Georgia from bankrolling litigation.

The driving force behind all of this issue is the cost of insurance and the cost of litigation. While the crowd was large, it was not unified, and there is much divide on the issue. On one side are businesses and corporations who face rising insurance costs on all fronts, and on the other side are patient advocates and trial attorneys. This may sound simple but it is a very complex issue.

But is this Tort Reform? A “tort” is the legal term for a harmful act leading to a civil lawsuit. “Reform” can bring to mind a process that improves or fixes a problem. Over two decades ago, when Governor Sonny Perdue came to office, Tort Reform was all the rage. But we don’t talk about Tort anymore. The Georgia Supreme Court found medical malpractice caps unconstitutional and there have been other reversals to chip away that effort. So now we talk about litigation change.

And the question remains - does this change get insurance rate relief that is needed?

You can watch the Governor's speech here.

HB 89 Public Health, Department of; require healthcare providers, facilities, and pharmacies to provide the Maternal Mortality Review Committee with psychiatric or other clinical records
Sponsor Sharon Cooper (R-Marietta)
Status: DO PASS from House Public & Community Health Committee
The Georgia Department of Public Health collects information and records to provide information to the Maternal Mortality Review Committee. The records and information are collected from all healthcare providers, including pharmacists, to obtain information around a maternal death. This bill will add psychiatric clinical records to the requirements and create a Regional Perinatal Center Advisory Committee. It was amended in committee removing the drug/alcohol records requirement.
 
HB 97 Community Health, Department of; expansion of Medicaid; provide
Sponsor Sam Park (D – Lawrenceville)
Status: In House Public and Community Health
Medicaid Expansion bill authorizing the Department of Community Health and Commissioner of Insurance to add additional eligibility, waivers and plans to the state Medicaid program.
 
HB100 Prescription Drug Consumer Financial Protection Act 
Sponsor Demetrius Douglas (D-Stockbridge)
Status: In House Insurance
This bill would require health insurance plan providers to pass on to the patient drug rebates of at least 80% at the point of sale with an explanation of the calculation. There are civil penalties and revocation of an insurer’s license for noncompliance. A patient’s co-pay and deductible would still apply.
 
HB 101 State employees; annual public report on the amount of prescription drug rebates and other price concessions applied to premium reductions; provide
Sponsor Demetrius Douglas (D-Stockbridge)
Status: In House Insurance
This would require an annual report on the impact prescription drug rebate programs have on the SHBP.
 
HB 139 Pharmacies; prohibit drug manufacturer and wholesalers from preventing a licensed pharmacy from acquiring drugs from entities that participate in a particular federal drug discount program
Sponsor Todd Jones (R – Forsyth)
Status: In House Health
To maintain the status quo of the current 340B arrangement with hospitals and contracted pharmacies this bill would allow legal remedies if a pharmaceutical manufacturer or wholesaler tries to deny, restrict, prohibit, or prevent a license pharmacy from fulfilling their contractual arrangement.
 
HB 196 State employees' health insurance plan; drugs dispensed for self-administration; provisions
Sponsor Trey Kelley (R- Cedartown)
Status: In House Hopper
This bill would require pharmacies be reimbursed at NADAC plus $10.64 + 4% in the Georgia’s SHBP and university system health plans.
 
SB 5 Private Review Agents; health insurers to implement and maintain a program that allows for the selective application of reductions in prior authorization requirements; provide for annual filing; and to appeal conflicting laws.
Sponsor Kay Kirkpatrick (R-Marietta)
Status: DO PASS from Senate Insurance & Labor
This bill would require health insurers to implement and maintain a program that allows for the selective application of reductions in prior authorization requirements under certain circumstances. The Commissioner of Insurance will be tasked with implementation.
  
SB 6 Controlled Substances; determine whether a controlled substance has been adulterated; authorize the use of testing equipment
Sponsor Kay Kirkpatrick (R-Marietta)
Status: In Senate Health & Human Services Committee
Current law shields the user of drug testing equipment in the detection of synthetic opioids in a controlled substance from getting a drug possession misdemeanor charge. This bill would just say all drug testing equipment would be shielded, not restricted to opioid testing strips.
 
SB 33 "Georgia Hemp Farming Act"; total THC concentration of consumable hemp products; provide limits
Sponsor Kay Kirkpatrick (R-Marietta)
Status: In Senate Regulated Industries & Utilities 
This bill would limit the total THC concentration on all consumable products to .3%. Specifically includes delta-8, delta-9, delta-10 and delta-11. It closes a loophole created by leaving off the various THC isomers.
 
SB 50 "PeachCare Plus Act of 2025"; enact
Sponsor David Lucas (D-Macon)
Status: In Senate Regulated Industries and Utilities
Senate Version of Medicaid Expansion. This bill is notable as it has majority party cosponsors – a first for Medicaid Expansion bills – Carden Summers (R- Cordele), Russ Goodman (R-Cogdell) and Sam Watson (R-Moultrie).
 
SB 60 Pharmacy Benefits Managers; managers have a duty of care to insureds, health plans, and providers; provide
Sponsor Chuck Huffstetler (R-Rome)
Status: In Senate Insurance and Labor
This bill establishes that a Pharmacy Benefit Manager (PBM) cannot operate or own a pharmacy. The Commissioner of Insurance will be responsible to existing and new law by creating regulations around utilization, steering, reimbursement, formulary, spread pricing and transparency in claims and pricing. While the bill will apply to relationships with all pharmacies, it is primarily focused on corporate pharmacies with shareholders or chain pharmacies.

Reminder & Quick Links:

These updates and alerts are a benefit of GPhA membership to keep our members in the know. There is a lot to read here, and we believe it is important information to help you be a better Pharmacist, Pharmacy Technician and Pharmacy Owner.

You can find your representative at My Voter Page. Visit Legislative Website to find out more about your representative & senator. Check out the Committee meeting schedule here, and find a list of the Committees and their members here

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