House Bill 1480
By: Representatives Sanchez of the 42nd, Romman of the 97th, Cannon of the 58th, Moore of
the 91st, Park of the 107th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public
assistance, so as to establish the Georgia Medicare for All Program to provide comprehensive
universal single payer healthcare coverage and a healthcare cost control system for the
benefit of all Georgia residents; to provide for definitions; to establish the Georgia Medicare
for All Board and its composition, duties, and responsibilities; to provide for an executive
board and an executive director; to establish four public advisory committees and the
composition, terms, duties, and responsibilities of such committees; to authorize the board
to organize, administer, market, and fund the program; to restrict what policies an insurer can
offer during the transition and implementation periods of such program; to provide for the
board to make additional proposals for recommended program services; to provide for the
collection, transmission, retention, analysis, and disclosure of data to promote transparency
and ensure the quality of healthcare services provided to members through the program; to
prohibit law enforcement from using program money or property to investigate criminal,
civil, or administrative violations; to provide for member enrollment and allow certain
nonresidents to enroll in the program; to provide for covered healthcare benefits and ancillary
healthcare services; to allow any qualified healthcare provider to participate in the program;
to provide for a care coordinator and care coordination in the program; to provide for the
approval of care coordinators and the approval of healthcare organizations; to authorize the
board to establish payment methodologies for care coordination, healthcare services, and
ancillary healthcare services; to authorize the board to establish minimum uniform healthcare
standards; to authorize the board to seek all federal waivers and other arrangements to secure
federal funding for and support of the program; to establish the Georgia Medicare for All
Trust Fund to support the Georgia Medicare for All Program; to authorize appropriation of
money to the fund; to allow healthcare providers to enter into collective negotiations to reach
agreement on terms and conditions of contracts for the program; to amend Title 49 of the
Official Code of Georgia Annotated, relating to social services, and an Act amending said
title, approved April 15, 2014 (Ga. L. 2014, p. 293), so as to repeal provisions regarding
prohibition of Medicaid expansion; to amend Titles 31, 42, and 43, relating to health, penal
institutions, and professions and businesses, respectively, and an Act amending Titles 31
and 43, approved March 23, 2023 (Ga. L. 2023, p. 6), so as to repeal provisions relating to
treatment of gender dysphoria; to amend Titles 1, 15, 16, 19, 20, 31, 33, 43, 45, 48, and 49,
relating to general provisions, courts, crimes and offenses, domestic relations, educations,
health, insurance, professions and businesses, public officers and employees, revenue and
taxation, and social services, respectively, and an Act amending said titles, approved May 7,
2019 (Ga. L. 2019, p. 711), so as to repeal and revise provisions relating to abortion; to
provide conforming changes; to repeal legislative findings; to provide for related matters; to
provide for contingent effectiveness; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
Legislative findings
SECTION 1-1.
The General Assembly finds and declares that:
(1) Healthcare is a human right;
(2) Access to health insurance is a key determinant of whether individuals can utilize
healthcare;
(3) The current employer based health insurance system does not ensure all Georgians
receive health insurance:
(A) While the federal Affordable Care Act expanded access to health insurance, it does
not guarantee comprehensive health insurance to all Georgians; and
(B) As of 2023, an estimated 13.3 percent of Georgians aged 64 or younger were
uninsured;
(4) Georgia is one of just ten states that have not expanded Medicaid under the federal
Affordable Care Act, further limiting the Act's effectiveness in providing access to
insurance;
(5) Nationally, uninsured individuals are more likely to be Black and even more likely
to be Hispanic, Native American, or Pacific Islander; more likely to have low incomes;
and more likely to be noncitizens. Among noncitizens, those who have resided in the
United States for five or more years are uninsured at roughly the same rates as more
recent noncitizens;
(6) A 2023 national survey found that only 27 percent of the uninsured population was
uninsured because they did not need or want insurance. 63 percent cited being unable to
afford insurance, with other major reasons for being uninsured including ineligibility, the
sign up process being too cumbersome, and available plans not meeting their needs;
(7) The United States spends far more on healthcare per person than other developed
countries, yet health outcomes for Americans are not better than countries that spend
much less;
(8) Gender-affirming care and reproductive care are essential healthcare;
(9) Certain laws previously enacted by the General Assembly are repugnant to the
purpose of guaranteeing comprehensive healthcare to all Georgians and should be
repealed; and
(10) It is necessary to enact a universal single-payer healthcare system to protect and
ensure the health, safety, and general welfare of Georgians.
PART II
Georgia Medicare for All Act
SECTION 2-1.
Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance,
is amended by adding a new article to read as follows:
<ins>"ARTICLE 10
49-4-200.
This article shall be known and may be cited as the 'Georgia Medicare for All Act.' The
purpose of this Act is to guarantee health insurance to all Georgians through a universal
single-payer program and enable all Georgians to access comprehensive healthcare under
the program. This article shall be construed broadly to give the Act such effect.
49-4-201.
As used in this article, the term:
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<ins>(1) 'Affordable Care Act' means the federal Patient Protection and Affordable Care Act
(P.L. 111-148), as amended by the federal Health Care and Education Reconciliation Act
of 2010 (P.L. 111-152) and any amendments to or regulations or guidance issued under
those acts as of January 1, 2026.
(2) 'Care coordinator' means an individual or entity approved by the board to provide
care coordination as provided in Code Sections 49-4-214 and 49-4-215.
(3) 'Covered healthcare service' means any healthcare service, including care
coordination, which is included as a benefit under the Georgia Medicare for All Program,
as provided in Code Section 49-4-212.
(4) 'Essential community providers' means persons or entities acting as safety net clinics,
safety net healthcare providers, or rural hospitals, serving predominantly low-income,
medically underserved individuals.
(5) 'Georgia resident' means an individual whose primary place of abode is in this state,
without regard to the individual's immigration status.
(6) 'Healthcare facility' means a private not-for-profit corporation authorized by law to
provide in this state one or more of the following: hospital services; nursing home care
services; services for the developmentally disabled, disabled, elderly, or mentally ill;
assisted living services; or hospice or palliative care services.
(7) 'Healthcare organization' means an entity that is approved by the board to provide
healthcare services to members under the Georgia Medicare for All Program, as provided
in Code Section 49-4-217.
(8) 'Healthcare provider' means an individual, entity, corporation, facility, or institution
licensed by this state or otherwise lawfully permitted to provide healthcare services in
this state, including a physician, clinic, laboratory, pharmacy, or hospital.
(9) 'Healthcare providers' representative' means a third party that is authorized by a group
of healthcare providers to negotiate on the group's behalf with the board or other
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<ins>representative concerning terms and conditions affecting healthcare providers in the
Georgia Medicare for All Program, as provided in Code Section 49-4-221.
(10) 'Georgia Medicare for All Board' or 'board' means the Georgia Medicare for All
Board established in Code Section 49-4-202.
(11) 'Georgia Medicare for All Program' or 'program' means the Georgia Medicare for
All Program established in this article.
(12) 'Georgia Medicare for All Public Advisory Committee' means the public advisory
committee established to advise the board on funding and implementing the program as
provided in Code Section 49-4-203.
(13) 'Georgia Medicare for All Trust Fund' or 'fund' means the Georgia Medicare for All
Trust Fund as established in Code Section 49-4-220.
(14) 'Implementation period' means the period when the Georgia Medicare for All
Program becomes fully functional.
(15) 'Insurer' means an entity subject to the insurance laws and regulations of this state,
or subject to the jurisdiction of the Commissioner of Insurance, that contracts, offers to
contract, or enters into an agreement to provide, deliver, arrange for, pay for, or
reimburse any of the costs of healthcare services, including those of an accident and
sickness insurance company, a health maintenance organization, a healthcare plan, a
managed care plan, or any other entity providing a health insurance plan, a health benefit
plan, or healthcare services.
(16) 'Integrated healthcare delivery system' means an organization that:
(A) Is fully integrated, operationally and clinically, in order to provide a broad range
of healthcare services, including preventive care, prenatal and well-baby care,
immunizations, screening diagnostics, emergency services, hospital and medical
services, surgical services, and ancillary services; and
(B) Is compensated by the Georgia Medicare for All Program using capitation or
facility budgets for the provision of healthcare services.
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<ins>(17) 'Long-Term Care Public Advisory Committee' means the public advisory committee
established to advise the board on covering long-term care services, as provided in Code
Section 49-4-204.
(18) 'Medicaid' means the joint federal and state program of medical assistance
established by Title XIX of the federal Social Security Act, which is administered in this
state by the Department of Community Health pursuant to Article 7 of this chapter.
(19) 'Medicare' means the federal 'Health Insurance for the Aged and Disabled Act,' Title
XVIII of the Social Security Act of 1965, as then constituted or later amended, as of
January 1, 2026.
(20) 'Member' means an individual who is enrolled in the Georgia Medicare for All
Program, as provided in Code Section 49-4-211.
(21) 'Out-of-state healthcare service' means a healthcare service provided in person to
a member while he or she is physically located out of this state when:
(A) It is medically necessary that the healthcare service be provided while the member
is physically out of this state; or
(B) It is clinically appropriate and medically necessary and cannot be provided in this
state because the healthcare service can only be provided by a particular healthcare
provider physically located out of this state.
(22) 'Participating provider' means any healthcare provider that provides healthcare
services to members under the program.
(23) 'PeachCare' means the PeachCare for Kids Program created by Code
Section 49-5-273.
(24) 'Prescription drug' means any drug, including any biological product, except for
blood and blood components intended for transfusion or biological products that are also
medical devices, required by federal law, including federal regulation, to be dispensed
only by a prescription, including finished dosage forms and bulk drug substances subject
to Section 503(b) of the Federal Food, Drug, and Cosmetic Act.
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<ins>(25) 'Primary care provider' means a physician, nurse practitioner, or physician assistant,
holding an advanced degree and licensed in this state, who provides initial and continuing
general healthcare services. Primary care includes internal medicine, pediatric medicine,
family or general practice, geriatric medicine, and obstetrics and gynecology.
(26) 'Specialist healthcare provider' means a physician, nurse practitioner, or physician
assistant, holding an advanced degree and licensed in this state, who provides initial or
continuing specialized or subspecialized healthcare services focused on a specific area
of medicine or a group of patients. Specialty care includes cardiology, gastroenterology,
immunology, neurology, oncology, psychiatry, pulmonology, and rheumatology.
(27) 'State Health Benefit Plans Public Advisory Committee' means the public advisory
committee established to advise the board on incorporating state health benefits and
retirement benefits, as provided in Code Section 49-4-205.
(28) 'Transition period' means the period during which the Georgia Medicare for All
Program is subject to special eligibility and financing provisions and is open for
enrollment but has not entered the implementation period.
(29) 'Workers' Compensation Public Advisory Committee' means the public advisory
committee established to advise the board on incorporating workers' compensation
benefits, as provided in Code Section 49-4-206.
49-4-202.
(a) There is created the Georgia Medicare for All Board for the purposes of implementing,
directing, and maintaining the Georgia Medicare for All Program and the Georgia
Medicare for All Trust Fund. The board shall be an independent public entity not affiliated
with a state agency or department.
(b) The board shall consist of the following members: four appointed by the Governor; two
appointed by the President of the Senate; two appointed by the Speaker of the House of
Representatives; and the commissioner of community health or his or her designee, who
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<ins>shall serve as a voting ex officio member of the board. The appointed members of the
board shall be Georgia residents.
(c) The Governor shall appoint at least six and no more than eight additional members of
the board as follows:
(1) At least one representative of a labor organization representing nurses;
(2) At least one representative of the general public;
(3) At least one representative of a labor organization different from the organization
represented by the individual appointed pursuant to paragraph (1) of this subsection;
(4) At least one representative of the healthcare provider community; and
(5) Additional members so as to fulfill the board's purposes.
(d) Members appointed under subsections (b) and (c) of this Code section, other than the
ex officio member, shall be appointed for a term of four years. Appointments by the
Governor shall be subject to confirmation by the Senate. A member of the board may
continue to serve until the appointment and qualification of his or her successor. Vacancies
shall be filled by appointment for an unexpired term. The board shall elect a chair on an
annual basis.
(e) Each person appointed to the board shall:
(1) Have demonstrated and acknowledged expertise in healthcare;
(2) Meet the applicable requirements of this Code section, the Affordable Care Act, and
state and federal laws and regulations;
(3) Serve the public interest of the individuals, employers, and taxpayers seeking
healthcare coverage through the program; and
(4) Ensure the operational well-being and fiscal solvency of the program and fund.
(f) In making appointments to the board, the appointing authorities shall consider:
(1) The expertise of the other members of the board and attempt to make appointments
so that the board's composition reflects a diversity of expertise in the various aspects of
healthcare; and
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<ins>(2) The cultural, ethnic, and geographic diversity of the state so that the board's
composition reflects the communities of this state.
(g) A board member shall not be:
(1) Employed by, a consultant to, a member of the board of directors of, affiliated with,
or otherwise be a representative of a healthcare provider, a healthcare facility, or a health
clinic while serving on the board;
(2) A member, a board member, or an employee of a trade association of healthcare
facilities, health clinics, or healthcare providers while serving on the board; or
(3) A healthcare provider, unless he or she receives no compensation for rendering
services as a healthcare provider and does not have an ownership interest in a healthcare
practice.
(h) Board members shall serve without compensation but shall be allowed actual and
necessary expenses in the performance of their duties. Legislative members of the board
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. State officials or state employees shall be reimbursed for expenses incurred
in the performance of their duties as members of the board in the same manner as
reimbursements are made in their capacity as state officials or state 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.
(i) A board member shall not make, participate in making, or in any way attempt to use his
or her official position to influence the making of a decision that he or she knows, or has
reason to know, will have a reasonably foreseeable material financial effect, distinguishable
from its effect on the public generally, on him or her or a member of his or her immediate
family, or on either of the following:
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<ins>(1) Any source of income aggregating $250.00 or more in value provided to, received
by, or promised to the board member within 12 months before the time when the decision
is made, other than gifts and other than loans by a commercial lending institution in the
regular course of business on terms available to the public without regard to official
status; or
(2) Any business entity in which the board member is a director, officer, partner, trustee,
or employee, or holds any position of management.
(j) There may not be liability in a private capacity on the part of the board or a board
member, or an officer or employee of the board, for or on account of an act performed or
obligation entered into in an official capacity when done in good faith, without intent to
defraud, and in connection with the administration, management, or conduct of this article
or affairs related to this article.
(k) The board's meetings are subject to Chapter 14 of Title 50, relating to open meetings.
(l) The board may adopt policies and procedures necessary to implement, administer, and
maintain the Georgia Medicare for All Program.
(m) The board shall hire an executive director to organize, administer, and manage the
operations of the board. The executive director is exempt from civil service and shall serve
at the pleasure of the board. The executive director shall attend and participate in board
meetings, except those in which the executive director has a conflict of interest. The
executive director shall not be entitled to a vote at any board meetings. The executive
director may attend any public advisory committees established to advise the board on
matters concerning the program.
49-4-203.
(a) There is established the Georgia Medicare for All Public Advisory Committee for the
purpose of making recommendations to the board on all matters of policy for the Georgia
Medicare for All Program, including without limitation whether it is appropriate to institute
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<ins>any additional taxation to fund the program. The commissioner of community health or
his or her designee shall serve as a nonvoting ex officio member of the committee.
(b) The members of the committee shall be appointed as follows:
(1) The Governor shall appoint eight members as follows:
(A) One board certified physician;
(B) One board certified dentist;
(C) One representative of private hospitals;
(D) One representative of public hospitals;
(E) One representative of an integrated healthcare delivery system;
(F) Two consumers of healthcare, at least one of whom shall be a member of the
disabled community; and
(G) One representative of small business employing fewer than 25 people;
(2) The President of the Senate shall appoint seven members as follows:
(A) One board certified psychiatrist;
(B) Two nurse practitioners or registered nurses;
(C) One mental healthcare provider;
(D) One consumer of healthcare who is 65 years of age or older;
(E) One representative of organized labor; and
(F) One representative of essential community providers; and
(3) The Speaker of the House of Representatives shall appoint seven members as
follows:
(A) Two board certified physicians who are primary care providers;
(B) One licensed healthcare provider who is neither a physician nor a nurse;
(C) One consumer of healthcare;
(D) One representative of organized labor;
(E) One representative of large business employing more than 250 people; and
(F) One pharmacist.
</ins>
<ins>(c) In making appointments pursuant to this Code section, the Governor, the President of
the Senate, and the Speaker of the House of Representatives shall make good faith efforts
to ensure that their appointments, as a whole, reflect, to the greatest extent feasible, the
social and geographic diversity of this state.
(d) Each committee member appointed by the Governor, the President of the Senate, and
the Speaker of the House of Representatives shall serve a four-year term and may be
reappointed for succeeding four-year terms.
(e) A vacancy on the committee must be filled within 30 days after it occurs and in the
same manner in which the vacating committee member was initially selected or appointed.
The commissioner of community health shall notify the appropriate appointing authority
of any expected vacancy on the committee. Any vacancy is only to be filled for the
remainder of the original term.
(f) Members of the committee shall serve without compensation but shall be entitled to
receive reimbursement for per diem and travel expenses as provided in Code
Section 45-7-21.
(g) The committee shall meet at least six times per year in a place convenient to the public.
All meetings of the committee are subject to Chapter 14 of Title 50, relating to open
meetings.
(h) The committee shall elect a chair who shall serve for two years and who may be
reelected for additional two-year terms.
(i) Appointed committee members must have worked in the field they represent on the
committee for a period of at least two years before being appointed to the committee. This
subsection shall not apply to committee members appointed as consumers of healthcare.
(j) It is unlawful for the committee members or any of their assistants, clerks, or deputies
to use for personal benefit any information that is filed with, or obtained by, the committee
and that is not generally available to the public.
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<ins>49-4-204.
(a) There is established the Long-Term Care Public Advisory Committee for the purpose
of making recommendations to the board regarding long-term care coverage by the
program. The Commissioner of Insurance or his or her designee shall serve as a nonvoting
ex officio member of the committee.
(b) The committee shall consist of the board chair, serving as chair of the committee, and
the following members appointed by the chair: at least one representative of consumers or
potential consumers of long-term care services; at least one representative of providers of
long-term care services; at least one member of a labor union; and, at the discretion of the
chair, representatives of other interested parties.
(c) All appointed committee members shall serve for a term of two years, and
appointments may be renewed by the chair for additional two-year terms. The chair may
provide for the staggering of terms. A vacancy that occurs shall be filled within 30 days
after it occurs, and such member shall serve for the remainder of the unexpired term.
(d) The committee shall meet at the call of the chair and shall meet as necessary or
convenient to perform its duties.
(e) Membership on the advisory committee does not constitute public office, and no
member shall be disqualified from holding office by reason of membership on the
committee.
(f) Members of the advisory committee shall receive no compensation or reimbursement
of expenses from the state for their services as members of the advisory committee.
(g) The advisory committee shall stand abolished no later than four years from the date
upon which the first meeting of the committee takes place; provided, however, that the
committee may be reestablished at the calling of the chair in order to make
recommendations consistent with the committee's purpose and the needs of the board.
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<ins>49-4-205.
(a) There is established the State Health Benefit Plans Public Advisory Committee for the
purpose of making recommendations to the board regarding accommodating state
employee health and retirement benefits into the program. The commissioner of
community health or his or her designee shall serve as a nonvoting ex officio member of
the committee.
(b) The committee shall consist of the board chair, serving as chair of the committee, and
the following members appointed by the chair: at least one currently employed state or
public employee; at least one retired state or public employee; at least one healthcare
provider; at least one accountant; at least one law enforcement officer or firefighter
currently employed by this state; and, at the discretion of the chair, representatives of other
interested parties.
(c) All appointed committee members shall serve for a term of two years, and
appointments may be renewed by the chair for additional two-year terms. The chair may
provide for the staggering of terms. A vacancy that occurs shall be filled within 30 days
after it occurs, and such member shall serve for the remainder of the unexpired term.
(d) The committee shall meet at the call of the chair and shall meet as necessary or
convenient to perform its duties.
(e) Membership on the advisory committee does not constitute public office, and no
member shall be disqualified from holding office by reason of membership on the
committee.
(f) Members of the advisory committee shall receive no compensation or reimbursement
of expenses from the state for their services as members of the advisory committee.
(g) The advisory committee shall stand abolished no later than four years from the date
upon which the first meeting of the committee takes place; provided, however, that the
committee may be reestablished at the calling of the chair in order to make
recommendations consistent with the committee's purpose and the needs of the board.
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<ins>49-4-206.
(a) There is established the Workers' Compensation Public Advisory Committee for the
purpose of making recommendations to the board regarding accommodating workers'
compensation health benefits into the program. The Commissioner of Labor or his or her
designee shall serve as a nonvoting ex officio member of the committee.
(b) The committee shall consist of the board chair, serving as chair of the committee, and
the following members appointed by the chair: at least one currently employed individual;
at least one individual receiving workers' compensation health benefits; at least one
healthcare provider; at least one attorney; and, at the discretion of the chair, representatives
of other interested parties.
(c) All appointed committee members shall serve for a term of two years, and
appointments may be renewed by the chair for additional two-year terms. The chair may
provide for the staggering of terms. A vacancy that occurs shall be filled within 30 days
after it occurs, and such member shall serve for the remainder of the unexpired term.
(d) The committee shall meet at the call of the chair and shall meet as necessary or
convenient to perform its duties.
(e) Membership on the advisory committee does not constitute public office, and no
member shall be disqualified from holding office by reason of membership on the
committee.
(f) Members of the advisory committee shall receive no compensation or reimbursement
of expenses from the state for their services as members of the advisory committee.
(g) The advisory committee shall stand abolished no later than four years from the date
upon which the first meeting of the committee takes place; provided, however, that the
committee may be reestablished at the calling of the chair in order to make
recommendations consistent with the committee's purpose and the needs of the board.
</ins>
<ins>49-4-207.
(a) No later than July 1, 2029, the board shall establish and implement the Georgia
Medicare for All Program, providing comprehensive universal single payer healthcare
coverage and a healthcare cost control system for the benefit of all Georgia residents.
(b) The board shall, to the maximum extent possible, organize, administer, and market the
program and services as a single payer program under the name 'Georgia Medicare for All'
or any other name as the board determines, regardless of the law or source where the
definition of a benefit is found, including, on a voluntary basis, retiree health benefits. The
board shall avoid jeopardizing federal financial participation in the programs that are
incorporated into the Georgia Medicare for All Program and shall take care to promote
public understanding and awareness of available benefits and programs thereof.
(c) The board shall consider any matter necessary to carry out the provisions and purposes
of this article. The board shall have no executive, administrative, or appointive duties
except as otherwise provided by law.
(d) The board shall employ necessary staff and authorize reasonable expenditures, as
necessary, from the Georgia Medicare for All Trust Fund to pay program expenses and to
administer the program.
(e) The board may do all of the following:
(1) Negotiate and enter into any necessary contracts, including, but not limited to,
contracts with healthcare providers, integrated healthcare delivery systems, and care
coordinators;
(2) Sue and be sued;
(3) Receive and accept gifts, grants, or donations of moneys from any agency of the
federal government, any agency of the state, and any municipality, county, or other
political subdivision of the state;
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<ins>(4) Receive and accept gifts, grants, or donations from individuals, associations, private
foundations, and corporations, in compliance with the conflict of interest provisions to
be adopted by the board by rule; and
(5) Share information with relevant state agencies, consistent with the confidentiality
provisions in this article, which is necessary for the administration of the program.
(f) The board shall determine dates for the transition period and for the implementation
period.
(g) An insurer may not offer benefits or cover any services for which coverage is offered
to individuals under the program, but may, if otherwise authorized, offer benefits to cover
healthcare services that are not offered to individuals under the program. However, this
Code section does not prohibit an insurer from offering:
(1) Any benefits to or for individuals, including their families, who are employed or
self-employed in this state but who are not Georgia residents; or
(2) Any benefits during the transition period to individuals who enrolled or may enroll
as members of the program.
(h) Once the implementation period starts, a person may not be a board member unless he
or she is a member of the program, except the ex officio member.
49-4-208.
No later than July 1, 2029, the board shall develop the following recommendations and
proposals:
(1) For the program to provide long-term care coverage, including the development of
a proposal, consistent with the principles of this article, for the program's funding, in
consultation with the public advisory committee established in Code Section 49-4-204;
(2) For the program to accommodate employer retiree health benefits for people who
were members of the program but live as retirees out of this state and for people who
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<ins>earned or accrued such benefits while residing in this state before the implementation of
the program and live as retirees out of this state;
(3) For the program to accommodate state health insurance and retirement benefit plans,
in consultation with the public advisory committee established in Code Section 49-4-205;
(4) For the program to provide healthcare services currently covered under the workers'
compensation system, including whether and how to continue funding for those services
under that system and whether and how to incorporate an element of experience rating,
in consultation with the public advisory committee established in Code Section 49-4-206;
(5) For providing assistance to consumers with respect to the selection of a care
coordinator or healthcare organization, enrolling, obtaining healthcare services,
disenrolling, and other matters relating to the program;
(6) For providing assistance to healthcare providers providing, seeking, or considering
whether to provide healthcare services under the program and with respect to participating
in and interacting with a healthcare organization in the program;
(7) For using funds in the Georgia Medicare for All Trust Fund or otherwise appropriated
to provide grants to the Department of Community Health to support its implementation
of the state health benefit plans; and
(8) For using funds in the Georgia Medicare for All Trust Fund or otherwise appropriated
to provide grants to the Department of Labor for a program for retraining and assisting with
job transition for individuals employed or previously employed in the fields of health
insurance, for healthcare service plans, and for other third-party payments for healthcare
or those individuals providing services to healthcare providers to deal with third-party
payers for healthcare and whose jobs may be or have been ended as a result of the
implementation of the program, consistent with otherwise applicable law.
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<ins>49-4-209.
(a) The board shall provide for the collection and availability of all of the following data
to promote transparency, assess adherence to patient care standards, compare patient
outcomes, and review utilization of healthcare services paid for by the program:
(1) Inpatient discharge data, including acuity and risk of mortality;
(2) Emergency department and ambulatory surgery data, including charge data, length
of stay, and patients' unit of observation; and
(3) Hospital annual financial data, including all of the following:
(A) Community benefits by hospital in dollar value;
(B) Number of employees and classification by hospital unit;
(C) Number of hours worked by hospital unit;
(D) Employee wage information by job title and hospital unit;
(E) Number of registered nurses per staffed bed by hospital unit;
(F) Type and value of health information technology; and
(G) Annual spending on health information technology, including purchases, upgrades,
and maintenance.
(b) The board shall submit data as required and as requested to the Georgia All-Payer
Claims Database, as provided under Code Section 31-53-47.
(c) The board shall, directly and through grants to nonprofit entities, conduct programs
using data collected through the Georgia Medicare for All Program to promote and protect
public, environmental, and occupational health, including cooperation with other data
collection and research programs, consistent with this article and otherwise applicable law.
49-4-210.
Notwithstanding any other law, a law enforcement agency may not use the Georgia
Medicare for All Program or any program information, money, facilities, property,
equipment, or personnel to investigate, enforce, or assist in the investigation or
</ins>
<ins>enforcement of any criminal, civil, or administrative violation or warrant for a violation of
any requirement that individuals register with the federal government or any federal agency
based on religion, national origin, ethnicity, or immigration status.
49-4-211.
(a) Every Georgia resident is eligible and shall be automatically enrolled as a member of
the program, unless disenrolled or disqualified under subsection (b) of this Code section.
(b) The board shall develop all necessary procedures, rules, and regulations for ensuring
every Georgia resident is enrolled in the program, subject to the following standards:
(1) The board may define further standards for what constitutes Georgia residency under
the meaning of this article;
(2) The board shall provide for automatic enrollment of every Georgia resident in the
program to the extent possible;
(3) The board shall provide and publicize a means by which Georgia residents who have
not been automatically enrolled may apply for enrollment in the program;
(4) The board shall provide for the manner in which program members shall be
disenrolled due to loss of residency or refusal to provide information which the member
is required to provide under Code Section 49-4-219;
(5) The board shall provide for the manner in which program members shall be
disqualified due to fraudulent receipt of benefits or similar offenses, provided that no
criminal offense not relevant to the member's past or future receipt of benefits shall be
a reason for disqualification;
(6) The board is authorized to take appropriate action regarding disenrolled or
disqualified individuals, including assessing reasonable civil penalties and, for
disqualified individuals, making criminal referrals;
(7) The board shall provide for a review and appeal process for individuals subject to
disenrollment or disqualification and shall provide a manner by which such individuals
</ins>
<ins>may re-enroll. The board may provide additional reasonable standards which must be
satisfied by disqualified individuals before they can re-enroll; and
(8) The board shall have the authority to request and obtain information on the state's
behalf and from other state agencies that it deems necessary to determine residency and
achieve automatic enrollment and disenrollment.
(c)(1) A member shall not be required to pay any fee, payment, or other charge for
enrolling in or being a member under the program.
(2) A member shall not be required to pay any premium, copayment, coinsurance,
deductible, or any other cost-sharing arrangements for all covered benefits.
(d) A college, university, or other institution of higher education in this state may purchase
coverage under the program for a student, or a student's dependent, who is not a Georgia
resident.
49-4-212.
(a) Covered healthcare benefits under the program include all medical care determined to
be medically necessary and clinically appropriate by the member's healthcare provider.
(b) Covered healthcare benefits for members shall include, but are not limited to, all of the
following:
(1) Licensed inpatient and licensed outpatient medical and health facility services;
(2) Inpatient and outpatient professional healthcare provider medical services;
(3) Diagnostic imaging, laboratory services, and other diagnostic and evaluative services;
(4) Medical equipment, appliances, and assistive technology, including prosthetics,
eyeglasses, and hearing aids repair, technical support, and customization needed for
individual use;
(5) Inpatient and outpatient rehabilitative care;
(6) Emergency care services;
(7) Emergency transportation;
</ins>
<ins>(8) Necessary transportation for healthcare services for persons with disabilities or who
may qualify as low income;
(9) Child and adult immunizations and preventive care;
(10) Health and wellness education;
(11) Hospice or palliative care;
(12) Care in a skilled nursing facility;
(13) Home healthcare, including healthcare provided in an assisted living facility;
(14) Mental health services;
(15) Substance abuse treatment;
(16) Dental care;
(17) Vision care;
(18) Prescription drugs;
(19) Pediatric care;
(20) Prenatal and postnatal care;
(21) Podiatric care;
(22) Chiropractic care;
(23) Acupuncture;
(24) Therapies that are shown by the National Center for Complementary and Integrative
Health or National Institutes of Health to be safe and effective;
(25) Blood and blood products;
(26) Dialysis;
(27) Adult day care;
(28) Rehabilitative services;
(29) Ancillary healthcare or social services;
(30) Ancillary healthcare or social services for persons with developmental disabilities;
(31) Case management and care coordination;
</ins>
<ins>(32) Language interpretation and translation for healthcare services, including sign
language and Braille or other services needed for individuals to overcome communication
barriers;
(33) Healthcare and long-term care services and supports currently covered or previously
covered under Medicaid or PeachCare;
(34) Community care if determined to be appropriate under the standard specified in
Olmstead v. L.C., 527 U.S. 581 (1999);
(35) Reproductive healthcare; and
(36) Gender-affirming care.
(c) Covered benefits for members must also include all healthcare services required to be
covered under any of the following provisions, without regard to whether the member
would otherwise be eligible for or covered by the program or source referred to:
(1) PeachCare;
(2) Medicaid;
(3) Medicare;
(4) All healthcare services provided for under Title 31, relating to health;
(5) All healthcare services provided for under this title;
(6) All healthcare services provided for under Part 6 of Article 17 of Chapter 2 of
Title 20 and under Part 1 of Article 1 of Chapter 18 of Title 45, relating to the state health
benefit plan for state employees and public employees, dependents, and retirees;
(7) Any additional healthcare services authorized to be added to the program's benefits
by the program; and
(8) All essential health benefits mandated by the federal Affordable Care Act as of
January 1, 2026.
</ins>
<ins>49-4-213.
(a)(1) Any healthcare provider who is licensed to practice in this state and is otherwise
in good standing is qualified to participate in the program so long as the healthcare
provider's services are performed within this state.
(2) The board shall establish and maintain procedures and standards for recognizing
healthcare providers located out of this state for purposes of providing coverage under
the program for a member who requires out-of-state healthcare service while he or she
is temporarily located out of this state.
(b) Any healthcare provider qualified to participate under this Code section may provide
covered healthcare services under the program so long as the healthcare provider is legally
authorized to perform the healthcare service for the individual and under the circumstances
involved.
(c) A member may choose to receive healthcare services under the program from any
participating provider, consistent with this part and the willingness or availability of the
provider, subject to provisions of this part relating to discrimination and the appropriate
clinically relevant circumstances.
(d)(1) A person who chooses to enroll with an integrated healthcare delivery system,
group medical practice, or essential community provider that offers comprehensive
services shall retain membership for at least one year after an initial three-month
evaluation period, during which time the person may withdraw for any reason.
(2) The three-month evaluation period must commence on the date when a member first
sees a primary care provider.
(3) A person who wishes to withdraw after the initial three-month evaluation period shall
request a withdrawal pursuant to a procedure established by the board. The withdrawal
must be resolved in a timely fashion and may not have an adverse effect on the care a
patient receives.
</ins>
<ins>49-4-214.
(a) Care coordination must be provided to any member by his or her care coordinator. A
care coordinator may employ or use the services of other individuals or entities to assist in
providing care coordination for the member, consistent with regulations of the board and
with the statutory requirements and regulations of the care coordinator's licensure.
(b) Care coordination includes administrative tracking and medical record-keeping
services for members.
(c) Care coordination administrative tracking and medical record-keeping services for
members shall comply with all state and federal requirements for use and retention.
(d) The care coordinator shall comply with all state and federal privacy laws.
(e) Referrals from a care coordinator are not required for a member to see any eligible
participating provider.
(f) A care coordinator may be an individual or entity that is approved under the program
and that is any of the following:
(1) A healthcare practitioner that is any of the following:
(A) The member's primary care provider; or
(B) At the option of a member who has a chronic condition that requires specialty care,
a specialist healthcare provider who regularly and continually provides treatment to the
member for that condition;
(2) A healthcare facility;
(3) A healthcare organization;
(4) A multiple employer self-insured health plan; or
(5) Any nonprofit or governmental entity approved under the program.
(g)(1) A healthcare provider may be reimbursed for a healthcare service only if the
member is enrolled with a care coordinator at the time the service is provided.
(2) Every member shall enroll with a care coordinator before the member receives
healthcare services to be paid for under the program. If a member receives healthcare
</ins>
<ins>services before choosing a care coordinator, the program shall assist the member, when
appropriate, with choosing a care coordinator.
(3) The member must remain enrolled with his or her care coordinator until the member
enrolls with a different care coordinator or ceases to be a member. A member has the
right to change his or her care coordinators.
(h) A healthcare organization may establish rules relating to care coordination for
members in the healthcare organization which are different from this Code section but
otherwise consistent with this article and other applicable laws.
(i) This Code section does not authorize any individual to engage in any act in violation
of the applicable chapter under which he or she is licensed to practice.
(j) An individual or entity may not be a care coordinator unless the services included in
care coordination are within the individual's professional scope of practice or the entity's
authority.
49-4-215.
(a)(1) The board shall develop and implement standards for an individual or entity to be
approved as a care coordinator in the program, including, but not limited to, procedures
and standards relating to the revocation, suspension, or limitation of the care coordinator's
approval on a determination that the individual or entity: is incompetent to be a care
coordinator; has exhibited conduct that is inconsistent with program standards; exhibits
an unwillingness to meet those standards; or is a potential threat to the public health or
safety.
(2) The procedures and standards the board adopts must be consistent with established
professional practice, licensure standards, and regulations for healthcare providers.
(b) To maintain a care coordinator approval under the program, a care coordinator must
do all of the following:
(1) Renew the approval every three years pursuant to procedures the board adopts; and
</ins>
<ins>(2) Provide to the program any data requested or required which would enable the board
to evaluate the impact of care coordinators on quality, outcomes, and cost of healthcare.
49-4-216.
(a) The board shall adopt procedures and standards regarding contracting for and
establishing payment methodologies for covered healthcare services and care coordination
provided to members under the program by participating providers, care coordinators, and
healthcare organizations. There may be a variety of different payment methodologies,
including those established on a demonstration basis. All payment rates under the program
must be reasonable and reasonably related to the cost of efficiently providing the healthcare
services and ensuring an adequate and accessible supply of healthcare services.
(b) Healthcare services provided to members under the program, except for care
coordination, must be paid for on a fee-for-service basis unless and until another payment
methodology is established by the board.
(c) Notwithstanding subsection (b) of this Code section, integrated healthcare delivery
systems, essential community providers, and group medical practices that provide
comprehensive, coordinated services may choose to be reimbursed on the basis of a
capitated system operating budget or a noncapitated system operating budget that covers
all costs of providing healthcare services.
(d) The board and healthcare organizations shall engage in good faith negotiations with
healthcare providers' representatives, including, but not limited to, in relation to rates of
payment for healthcare services, rates of payment for prescription and nonprescription
drugs, and payment methodologies, as provided in Code Section 49-4-221. For
prescription and nonprescription drugs, the negotiations must be conducted through a
single entity on behalf of the entire program.
(e)(1) Payments for healthcare services established under this Code section are
considered payment in full.
</ins>
<ins>(2) A participating provider may not charge any rate in excess of the payment established
under this part for any healthcare service provided to a member under the program and
may not solicit or accept payment from any member or third party for any healthcare
service, except as provided under a federal program.
(3) However, this Code section does not preclude the program from acting as a primary
or secondary payer in conjunction with another third-party payer when permitted by a
federal program.
(f) The board may adopt by rule payment methodologies for the payment of capital-related
expenses for specifically identified capital expenditures incurred by a nonprofit or
governmental entity that is a health facility. Any capital-related expense generated by a
capital expenditure that requires prior approval must have received that approval in order
to be paid by the program.
(g) Payment methodologies and payment rates must include a distinct component for
reimbursement of direct and indirect graduate medical education expenses.
(h) The board shall adopt payment methodologies and procedures for paying for healthcare
services provided to a member while he or she is located out of this state.
49-4-217.
(a) A member may choose to enroll with and receive program care coordination and
ancillary healthcare services from a healthcare organization.
(b) A healthcare organization must be a nonprofit or governmental entity that is approved
by the board.
(c)(1) The board shall by rule develop and implement procedures and standards for an
entity to be approved as a healthcare organization in the program, including, but not
limited to, procedures and standards relating to the revocation, suspension, or limitation
of approval on a determination that the entity: is incompetent to be a healthcare
organization; has exhibited a course of conduct that is inconsistent with program
</ins>
<ins>standards and regulations; exhibits an unwillingness to meet those standards and
regulations; or is a potential threat to the public health or safety.
(2) The procedures and standards adopted by the board must be consistent with
established professional practice, licensure standards, and regulations for healthcare
providers.
(d) To maintain approval under the program, a healthcare organization must:
(1) Renew its approval at a frequency determined by the board; and
(2) Provide data to the Department of Community Health, as required by the board, to
enable the board to evaluate the healthcare organization in relation to the quality of
healthcare services provided, healthcare outcomes, and cost.
(e) The board may adopt procedures relating specifically to healthcare organizations for
the sole and specific purpose of ensuring compliance with this Code section.
(f) This Code section shall not be construed to alter in any way the professional practice
of healthcare providers or their licensure standards.
(g) Healthcare organizations may not use health information technology or clinical
practice guidelines that limit the effective exercise of the professional judgment of
physicians and registered nurses. Physicians and registered nurses are free to override
health information technology and clinical practice guidelines if, in their professional
judgment, it is in the best interest of the patient and consistent with the patient's wishes.
49-4-218.
(a) The board shall establish requirements and standards for the program and for
healthcare organizations, care coordinators, and healthcare providers consistent with this
article and consistent with the applicable professional practice and licensure standards of
healthcare providers and healthcare professionals, including requirements and standards
for, as applicable:
(1) The scope, quality, and accessibility of healthcare services;
</ins>
<ins>(2) Relations between healthcare organizations or healthcare providers and members;
and
(3) Relations between healthcare organizations and healthcare providers, including
credentialing and participation in the healthcare organization, and terms, methods, and
rates of payment.
(b) The board shall establish requirements and standards under the program which include,
but are not limited to, provisions to promote all of the following:
(1) Simplification of, transparency in, uniformity in, and fairness in healthcare provider
credentialing and participation in healthcare organization networks, referrals, payment
procedures and rates, claims processing, and approval of healthcare services, as
applicable;
(2) In-person primary and preventive care, care coordination, efficient and effective
healthcare services, quality assurance, and promotion of public, environmental, and
occupational health;
(3) Elimination of healthcare disparities;
(4) Nondiscrimination with respect to members and healthcare providers on the basis of
race, color, ancestry, national origin, religion, citizenship, immigration status, primary
language, mental or physical disability, age, sex, gender, sexual orientation, gender
identity or expression, medical condition, genetic information, marital status, familial
status, military or veteran status, or source of income; however, healthcare services
provided under the program must be appropriate to the patient's clinically relevant
circumstances;
(5) Accessibility of care coordination, healthcare organization services, and healthcare
services, including accessibility for people with disabilities and people with limited
ability to speak or understand English;
(6) Provision of care coordination, healthcare organization services, and healthcare
services in a culturally competent manner; and
</ins>
<ins>(7) Provision of community care under the standard set out in Olmstead v. L.C., 527 U.S.
581 (1999).
(c) The board shall establish by rule requirements and standards, to the extent authorized
by federal law, for replacing and merging with the Georgia Medicare for All Program
healthcare services and ancillary services currently provided by other programs, including,
but not limited to, Medicare, the Affordable Care Act, and federally matched public health
programs.
(d) Any participating provider or care coordinator that is organized as a for-profit entity
shall be required to meet the same requirements and standards as entities organized as
nonprofits, and payments under the program paid to those entities may not be calculated
to accommodate the generation of profit, revenue for dividends, or other return on
investment or the payment of taxes that would not be paid by a nonprofit entity.
(e) Every participating provider shall furnish information as required by the Department
of Community Health and allow the examination of that information by the program as
may be reasonably required for purposes of reviewing accessibility and utilization of
healthcare services, quality assurance, cost containment, the making of payments, and
statistical or other studies of the operation of the program or for protection and promotion
of public, environmental, and occupational health.
(f) In developing requirements and standards and making other policy determinations
under this Code section, the board shall consult with public advisory committees,
representatives of members, healthcare providers, care coordinators, healthcare
organizations, labor organizations representing healthcare employees, and other interested
parties.
</ins>
<ins>49-4-219.
(a) The board shall seek all federal waivers and other federal approvals and arrangements
and submit state plan amendments as necessary to operate the Georgia Medicare for All
Program consistent with this Code section.
(b)(1) No later than July 1, 2029, the board shall apply to the United States Secretary of
Health and Human Services or other appropriate federal official for all waivers of
requirements, and shall make other arrangements necessary, under Medicare, any
federally matched public health program, the Affordable Care Act, and any other federal
program that provides federal funds for payment of healthcare services, to enable all
Georgia Medicare for All members to receive all benefits under the program, to enable
the state to implement the program, and to allow the state to receive and deposit all
federal payments under those federal programs, including funds that may be provided in
lieu of premium tax credits, cost sharing subsidies, and small business tax credits, in the
state treasury to the credit of the Georgia Medicare for All Trust Fund and to use those
funds for the program and other provisions under this article.
(2) To the fullest extent possible, the board shall negotiate arrangements with the federal
government to ensure that federal payments are paid to the Georgia Medicare for All
Program in place of federal funding of or tax benefits for federally matched public health
programs or federal health programs.
(3) The board may require members or applicants to provide information necessary for
the program to comply with any waiver or arrangement under this Code section.
Information provided by members to the board for the purposes of this Code section may
not be used for any other purpose.
(4) The board may take any additional actions necessary to effectively implement the
Georgia Medicare for All Program to the maximum extent possible as a single payer
program consistent with this Code section.
</ins>
<ins>(c) The board may take actions consistent with this article to enable the program to
administer Medicare in this state. The program must be a provider of supplemental
insurance coverage under Medicare Part B and must provide premium assistance for drug
coverage under Medicare Part D for eligible members of the program.
(d) The board may waive or modify the applicability of any provision of this Code section
relating to any federally matched public health program or Medicare, as necessary, to
implement any waiver or arrangement under this Code section or to maximize the federal
benefits to the program under this Code section, if the board, in consultation with the
executive director, determines that the waiver or modification is in the best interest of this
state and members affected by the action.
(e) The board may apply for coverage for, and enroll, any eligible member under any
federally matched public health program or Medicare. Enrollment in a federally matched
public health program or Medicare may not cause any member to lose any healthcare
service provided by the program or diminish any right the member would otherwise have.
(f)(1) Notwithstanding any other law, the board shall increase by rule the income
eligibility level, increase or eliminate the resource test for eligibility, simplify any
procedural or documentation requirement for enrollment, and increase the benefits for
any federally matched public health program and for any program in order to reduce or
eliminate an individual's coinsurance, cost-sharing, or premium obligations or increase
an individual's eligibility for any federal financial support related to Medicare or the
Affordable Care Act.
(2) The board may act under this Code section upon a finding approved by the executive
director and the board that the action:
(A) Will help to increase the number of members who are eligible for and enrolled in
federally matched public health programs; or, for any program, to reduce or eliminate
an individual's coinsurance, cost-sharing, or premium obligations or increase an
</ins>
<ins>individual's eligibility for any federal financial support related to Medicare or the
Affordable Care Act;
(B) Will not diminish any individual's access to any healthcare service or any right the
individual would otherwise have;
(C) Is in the interest of the program; and
(D) Has received any necessary federal waivers or approvals to ensure federal financial
participation, or does not require any such waiver or approval.
(3) Actions under this subsection do not apply to eligibility for payment for long-term
care.
(g) To enable the board to apply for coverage for, and enroll, any eligible member under
any federally matched public health program or Medicare, the board may require that every
member or applicant provide the information necessary to enable the board to determine
whether the applicant is eligible for a federally matched public health program or for
Medicare, or any program or benefit under Medicare.
(h) As a condition of continued eligibility for healthcare services under the program, a
member who is eligible for benefits under Medicare must enroll in Medicare, including
Parts A, B, and D.
(i) The program shall provide premium assistance for all members enrolling in a Medicare
Part D drug coverage plan, limited to the low-income benchmark premium amount
established by the federal Centers for Medicare and Medicaid Services and any other
amount the federal agency establishes under its de minimis premium policy, except that
those payments made on behalf of members enrolled in a Medicare advantage plan may
exceed the low-income benchmark premium amount if determined to be cost effective to
the program.
(j) If the board has reasonable grounds to believe that a member may be eligible for an
income-related subsidy, the member must provide and authorize the program to obtain any
information or documentation required to establish the member's eligibility for that
</ins>
<ins>subsidy; however, the board shall attempt to obtain as much of the information and
documentation as possible from records that are available to it.
(k) The program shall make a reasonable effort to notify members of their obligations
under this Code section. After a reasonable effort has been made to contact the member,
the member must be notified in writing that he or she has 60 days to provide the required
information. If the required information is not provided within the 60 day period, the
member's coverage under the program may be terminated. Information members provide
to the board for the purposes of this Code section may not be used for any other purpose.
(l) The board shall assume responsibility for all benefits and services paid for by the
federal government with federal funds.
49-4-220.
(a) The board shall develop a revenue plan, taking into consideration anticipated federal
revenue available for the Georgia Medicare for All Program. In developing the revenue
plan, the board shall consult with appropriate officials and stakeholders.
(b) There is established the Georgia Medicare for All Trust Fund as a trust fund which
shall be of a perpetual, nonlapsing nature for the sole purpose of making payments in
accordance with this article. The state treasurer shall act as custodian of such fund and
shall credit to such fund all amounts appropriated, dedicated, transferred, or contributed to
such fund. The state treasurer shall invest trust fund money in the same manner in which
state funds are invested as authorized by the State Depository Board pursuant to Article 3
of Chapter 17 of Title 50. The state treasurer shall be authorized and is required to disburse
money from such fund only upon written direction of the board.
(c) The fund shall consist of all such payments, any and all grants received, and any
donations or additional contributions. All money contributed, deposited, or transferred into
the fund and any interest earned on such money shall be appropriated for the sole purpose
of executing the Georgia Medicare for All Program as provided in this article.
</ins>
<ins>49-4-221.
(a) Healthcare providers may enter into collective bargaining to reach an agreement as to
terms and conditions for providing healthcare services in the Georgia Medicare for All
Program.
(b) Healthcare providers may communicate with healthcare providers' representatives and
with other healthcare providers regarding the terms and conditions to be negotiated for
providing healthcare services in the program. A healthcare provider may be bound by the
terms and conditions negotiated by the representatives of such provider.
(c) A healthcare provider's representative is the only party authorized to negotiate with the
board or its representative on behalf of the healthcare providers as a group. In
communicating or negotiating with the representative of such provider, the board is entitled
to offer and provide different terms and conditions to individual competing healthcare
providers.
(d) Before engaging in collective negotiations with the board on behalf of healthcare
providers, a healthcare providers' representative must file with the board, in the manner
prescribed by the board, information identifying the representative, the representative's plan
of operation, and the representative's procedures to ensure compliance with this Code
section.
(e) Each person who acts as the representative of negotiating parties under this Code
section shall pay a fee to the board to act as a representative. The board shall set by rule
fees in amounts deemed reasonable and necessary to cover the costs the board incurs in
administering this Code section.
(f) This Code section does not authorize competing healthcare providers to act in concert
in response to a healthcare providers' representative's discussions or negotiations with the
board, except as authorized by other law.
(g) A healthcare providers' representative may not negotiate any agreement that excludes,
limits the participation or reimbursement of, or otherwise limits the scope of services to be
</ins>
<ins>provided by any healthcare provider or group of healthcare providers with respect to the
performance of services that are within the healthcare provider's scope of practice, license,
registration, or certificate.
(h) This Code section does not affect or limit the right of a healthcare provider or group
of healthcare providers to collectively petition a governmental entity for a change in a law,
rule, or regulation.
(i) This Code section does not affect or limit collective action or collective bargaining on
the part of a healthcare provider with his or her employer or any other lawful collective
action or collective bargaining."
</ins> PART III
Reproductive Freedom Act
SECTION 3-1.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by
repealing Chapter 9A, the "Woman's Right to Know Act," in its entirety and enacting a new
Chapter 9A to read as follows:
<ins>"CHAPTER 9A
31-9A-1.
This chapter shall be known and may be cited as the 'Reproductive Freedom Act.'
31-9A-2.
As used in this chapter, the term:
(1) 'Abortion' means the use of any instrument, medicine, drug, or any other substance
or device to terminate the pregnancy of an individual known to be pregnant with an
</ins>
<ins>intention other than to increase the probability of a live birth, to preserve the life or health
of the child after live birth, or to remove a dead fetus.
(2) 'Advanced practice registered nurse' shall have the same meaning as set forth in Code
Section 43-26-3.
(3) 'Covered entity' means any licensed provider of reproductive healthcare services,
including but not limited to hospitals, outpatient departments, clinics, reproductive health
practices, or offices of healthcare professionals.
(4) 'Healthcare professional' means a person who is licensed as a physician, advanced
practice registered nurse, or physician assistant.
(5) 'Physician' shall have the same meaning as set forth in Code Section 43-34-1.
(6) 'Physician assistant' shall have the same meaning as set forth in Code Section
43-34-23.
(7) 'Pregnancy' means the human reproductive process beginning with the implantation
of an embryo.
(8) 'State' includes any branch, department, agency, instrumentality, and official or other
person acting under the color of law of this state or a political subdivision of this state,
including any local government, local board of education, or other instrumentality.
31-9A-3.
(a) Every individual who becomes pregnant has the fundamental right to choose to carry
the pregnancy to term or have an abortion.
(b) Every individual has the fundamental right to choose or refuse contraception or
sterilization.
(c) The state shall not, in the regulation or provision of benefits, facilities, services, or
information, deny or interfere with an individual's fundamental rights:
(1) To choose to carry a pregnancy to term, to give birth to a child, or to obtain an
abortion, including individuals in the physical or legal custody of the state; and
</ins>
<ins>(2) To choose or refuse contraception or sterilization.
(d) A fertilized egg, embryo, or fetus does not have independent rights under the laws of
this state.
31-9A-4.
(a) A healthcare professional acting within the professional's lawful scope of practice and
in compliance with all generally applicable regulations shall be authorized to provide
abortions in this state.
(b) This chapter shall not be construed to prevent the Department of Community Health
under this title or a healthcare professional licensing board from regulating the practice of
</ins> 1000 <ins>abortion or abortion facilities with generally applicable regulations and standards that are
</ins> 1001 <ins>in accordance with evidence based medically accepted standards, provided that such
</ins> 1002 <ins>regulation is not a pretext for violating this chapter.
</ins> 1003 <ins>31-9A-5.
</ins> 1004 <ins>(a) An individual's right to personal reproductive autonomy is central to his or her privacy,
</ins> 1005 <ins>liberty, and dignity to determine his or her own life course and shall not be denied or
</ins> 1006 <ins>infringed upon by state or local prosecution or in any other manner.
</ins> 1007 <ins>(b) No state or local law enforcement agency shall arrest any individual for obtaining an
</ins> 1008 <ins>abortion, performing or aiding in the performance of an abortion in this state, or in
</ins> 1009 <ins>procuring an abortion in this state if the abortion is performed in accordance with the
</ins> 1010 <ins>provisions of this chapter.
</ins> 1011 <ins>(c) Notwithstanding any other law, an individual shall not be subject to investigation, civil
</ins> 1012 <ins>or criminal penalty, or otherwise deprived of their rights under this article based on their
</ins> 1013 <ins>actions or omissions with respect to a pregnancy or an actual, potential, or alleged
</ins> 1014 <ins>pregnancy outcome, including miscarriage, stillbirth, ectopic pregnancy, abortion, or
</ins> 1015 <ins>perinatal death due to causes that occurred in utero.
</ins>
1016 <ins>(d) Any individual who aids or assists a pregnant individual in exercising her rights under
</ins> 1017 <ins>this article shall not be subject to civil or criminal liability or penalty, or otherwise be
</ins> 1018 <ins>deprived of his or her rights, based solely on his or her actions to aid or assist a pregnant
</ins> 1019 <ins>individual in exercising her rights under this article, so long as they acted with the pregnant
</ins> 1020 <ins>individual's voluntary consent.
</ins> 1021 <ins>(e) The state shall not discriminate in the protection or enforcement of the fundamental
</ins> 1022 <ins>rights set forth in this chapter on the basis of sex, which includes but is not limited to sex
</ins> 1023 <ins>stereotypes, gender identity or expression, or perceived gender identity or expression;
</ins> 1024 <ins>sexual orientation; pregnancy; disability; race; ethnicity; age; national origin; immigration
</ins> 1025 <ins>status; or religion.
</ins> 1026 <ins>(f) Any party aggrieved by conduct or regulation in violation of this chapter may bring a
</ins> 1027 <ins>civil lawsuit in federal or state court for injunctive relief against the offending state or local
</ins> 1028 <ins>official. The court may award costs and reasonable attorney's fees to an aggrieved party
</ins> 1029 <ins>who substantially prevails in an action brought under this subsection.
</ins> 1030 <ins>31-9A-6.
</ins> 1031 <ins>(a) Subject to the provisions of the federal Health Insurance Portability and Accountability
</ins> 1032 <ins>Act of 1996, P.L. 104-191, and any regulations promulgated thereunder, in any civil action
</ins> 1033 <ins>or administrative hearing, a covered entity shall not disclose without written consent from
</ins> 1034 <ins>the individual or the individual's guardian or authorized legal representative, the following:
</ins> 1035 <ins>(1) Any communication made to the covered entity or any information obtained by the
</ins> 1036 <ins>covered entity from an individual or the individual's guardian or authorized legal
</ins> 1037 <ins>representative, relating to reproductive healthcare services permitted under the laws of
</ins> 1038 <ins>this state; or
</ins> 1039 <ins>(2) Any information obtained by personal examination of an individual by the covered
</ins> 1040 <ins>entity relating to reproductive healthcare services.
</ins>
1041 <ins>(b) A covered entity shall inform the individual or the individual's guardian or authorized
</ins> 1042 <ins>legal representative of the individual's right to refuse to consent to the disclosure of the
</ins> 1043 <ins>individual's communications and information at or before the time reproductive healthcare
</ins> 1044 <ins>services are rendered, or at such time as the individual discloses any information relating
</ins> 1045 <ins>to reproductive healthcare services previously rendered.
</ins> 1046 <ins>31-9A-7.
</ins> 1047 <ins>(a) This chapter applies to all state and local laws, ordinances, regulations, rules, policies,
</ins> 1048 <ins>procedures, practices, and governmental actions and their implementation, whether
</ins> 1049 <ins>statutory or otherwise and whether adopted before or after the effective date of this Act.
</ins> 1050 <ins>(b) Local government may enact ordinances, standards, rules, or regulations that protect
</ins> 1051 <ins>an individual's ability to freely exercise the fundamental rights set forth in this chapter in
</ins> 1052 <ins>a manner or to an extent equal to or greater than the protection provided in this chapter.
</ins> 1053 <ins>Local government may not regulate an individual's ability to freely exercise the
</ins> 1054 <ins>fundamental rights set forth in this chapter in a manner more restrictive than that set forth
</ins> 1055 <ins>in this chapter.
</ins> 1056 <ins>31-9A-8.
</ins> 1057 <ins>In accordance with Code Section 1-1-3, if any provision of this chapter or its application
</ins> 1058 <ins>to any person or circumstance is held invalid, the invalidity does not affect other provisions
</ins> 1059 <ins>or applications of this chapter which can be given effect without the invalid provision or
</ins> 1060 <ins>application, and to this end the provisions of this chapter are severable."
</ins> 1061 SECTION 3-2.
1062 Said title is further amended by repealing Chapter 9B, relating to physician's obligation in
1063 performance of abortions.
1064 PART IV
1065 Conforming changes for the Georgia Medicare for All Act
1066 SECTION 4-1.
1067 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by
1068 repealing Code Section 31-7-3.5, relating to treatment of minors for gender dysphoria and
1069 penalty for violations.
1070 SECTION 4-2.
1071 Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended
1072 by revising subsection (e) of Code Section 42-5-2, relating to care and services required for
1073 inmates, responsibility of costs, and prohibited procedures and treatments, as follows:
1074 <del>"(e)(1) Except as otherwise provided for in paragraph (2) of this subsection, no state
</del> 1075 <del>funds or resources shall be used for the following treatments for state inmates:
</del> 1076 <del>(A) Sex reassignment surgeries or any other surgical procedures that are performed for
</del> 1077 <del>the purpose of altering primary or secondary sexual characteristics;
</del> 1078 <del>(B) Hormone replacement therapies; and
</del> 1079 <del>(C) Cosmetic procedures or prosthetics intended to alter the appearance of primary or
</del> 1080 <del>secondary sexual characteristics.
</del> 1081 <del>(2) The board shall adopt rules and regulations regarding the procedures and therapies
</del> 1082 <del>prohibited by this subsection, which shall provide for the following limited instances in
</del> 1083 <del>which the treatments set forth in paragraph (1) of this subsection shall be authorized:
</del> 1084 <del>(A) Treatments for medical conditions where such treatments are considered
</del> 1085 <del>medically necessary, provided that such condition is not gender dysphoria or the
</del> 1086 <del>purpose of such treatment is not for sex reassignment;
</del>
1087 <del>(B) Treatments for individuals born with a medically verifiable disorder of sex
</del> 1088 <del>development, including individuals born with ambiguous genitalia or chromosomal
</del> 1089 <del>abnormalities resulting in ambiguity regarding the individual's biological sex;
</del> 1090 <del>(C) Treatments for individuals with partial androgen insensitivity syndrome; and
</del> 1091 <del>(D) Hormone replacement therapy treatment for state inmates who were being treated
</del> 1092 <del>with such therapy prior to May 8, 2025, provided that the provision of such therapy is
</del> 1093 <del>solely for the purpose of transitioning off such therapy."
</del> 1094 SECTION 4-3.
1095 An Act enacting Code Sections 31-7-3.5 and 43-34-15 of the Official Code of Georgia
1096 Annotated, relating to regulation of hospitals and related institutions and prohibition on
1097 certain therapies and procedures for treatment of gender dysphoria in minors, regulations,
1098 exceptions, and accountability, respectively, so as to prohibit certain surgical procedures for
1099 the treatment of gender dysphoria in minors from being performed in hospitals and other
1100 licensed healthcare facilities; so as to prohibit certain surgical procedures for the treatment
1101 of gender dysphoria in minors, approved March 23, 2023 (Ga. L. 2023, p. 6), is amended by
1102 repealing the Act in its entirety.
1103 SECTION 4-4.
1104 Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended by
1105 repealing Code Section 43-34-15, relating to prohibition on certain therapies and procedures
1106 for treatment of gender dysphoria in minors, regulations, exceptions, and accountability.
1107 SECTION 4-5.
1108 Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended
1109 by repealing and reserving Code Section 49-4-142.2, relating to expansion of Medicaid
1110 eligibility through an increase in the income threshold.
1111 SECTION 4-6.
1112 An Act enacting Code Section 49-4-142.2 of the Official Code of Georgia Annotated,
1113 relating to medical assistance generally, so as to prohibit the expansion of Medicaid
1114 eligibility through an increase in the income threshold without prior legislative approval; to
1115 provide for legislative findings; to provide for related matters; to repeal conflicting laws; and
1116 for other purposes, approved on April 15, 2014 (Ga. L. 2014, p. 293), is amended by
1117 repealing the Act in its entirety.
1118 PART V
1119 Conforming Changes for the Reproductive Freedom Act
1120 SECTION 5-1.
1121 An Act amending Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating
1122 to persons and their rights, so as to provide that natural persons include an unborn child; to
1123 provide that such unborn children shall be included in certain population based
1124 determinations; to provide definitions; to amend Article 5 of Chapter 12 of Title 16 of the
1125 Official Code of Georgia Annotated, relating to abortion, so as to provide definitions; to
1126 revise the time when an abortion may be performed; to provide for exceptions; to provide for
1127 the requirements for performing an abortion; to provide for a right of action and damages;
1128 to provide for affirmative defenses; to amend Chapter 6 of Title 19 of the Official Code of
1129 Georgia Annotated, relating to alimony and child support, so as to provide a definition; to
1130 provide a maximum support obligation for certain circumstances; to amend Chapter 7 of
1131 Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship
1132 generally, so as to provide that the right to recover for the full value of a child begins at the
1133 point when a detectable human heartbeat exists; to amend Chapter 9A of Title 31 of the
1134 Official Code of Georgia Annotated, relating to the "Woman's Right to Know Act," so as to
1135 provide for advising women seeking an abortion of the presence of a detectable human
1136 heartbeat; to provide for the content of certain notices; to repeal certain penalties; to amend
1137 Chapter 9B of Title 31 of the Official Code of Georgia Annotated, relating to physician's
1138 obligation in performance of abortions, so as to require physicians performing abortions to
1139 determine the existence of a detectable human heartbeat before performing an abortion; to
1140 provide for the reporting of certain information by physicians; to amend Chapter 7 of Title
1141 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that
1142 an unborn child with a detectable human heartbeat is a dependent minor for income tax
1143 purposes; to provide for legislative findings; to provide for related matters; to provide for
1144 standing to intervene and defend constitutional challenges to this Act; to provide a short title;
1145 to provide for severability; to provide an effective date; to repeal conflicting laws; and for
1146 other purposes, approved on May 7, 2019 (Ga. L. 2019, p. 711), is amended by repealing
1147 Section 2 of the Act.
1148 SECTION 5-2.
1149 Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended
1150 by revising Code Section 1-2-1, relating to classes of persons generally, "natural person"
1151 defined, corporations deemed artificial persons, and nature of corporations generally, as
1152 follows:
1153 "1-2-1.
1154 (a) There are two classes of persons: natural and artificial.
1155 <del>(b) 'Natural person' means any human being including an unborn child.
</del> 1156 <ins>(c)(b)</ins> Corporations are artificial persons. They are creatures of the law and, except insofar
1157 as the law forbids it, they are subject to be changed, modified, or destroyed at the will of
1158 their creator.
1159 <del>(d) Unless otherwise provided by law, any natural person, including an unborn child with
</del> 1160 <del>a detectable human heartbeat, shall be included in population based determinations.
</del> 1161 <del>(e) As used in this Code section, the term:
</del>
1162 <del>(1) 'Detectable human heartbeat' means embryonic or fetal cardiac activity or the steady
</del> 1163 <del>and repetitive rhythmic contraction of the heart within the gestational sac.
</del> 1164 <del>(2) 'Unborn child' means a member of the species Homo sapiens at any stage of
</del> 1165 <del>development who is carried in the womb."
</del> 1166 SECTION 5-3.
1167 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising
1168 subsection (b) of Code Section 15-11-64, relating to collection of information by juvenile
1169 court clerks, reporting requirement, and data collection, as follows:
1170 "(b) Each clerk of the juvenile court shall report to the Administrative Office of the Courts
1171 the total number of petitions or motions filed under subsection <del>(b)</del> <ins>(c)</ins> of Code
1172 Section 15-11-682 for the previous calendar year and, of that number, the number in which
1173 the court appointed a guardian ad litem, the number in which the court appointed counsel,
1174 the number in which the judge issued an order authorizing an abortion without notification,
1175 the number in which the judge denied such an order, and, of the last, the number of denials
1176 from which an appeal was filed, the number of appeals that resulted in denials being
1177 affirmed, and the number of appeals that resulted in reversals of such denials. Each clerk
1178 shall make such report by March 15 of each year for the previous calendar year. The
1179 individual reports made to the Administrative Office of the Courts shall be held
1180 confidential and not subject to disclosure under Article 4 of Chapter 18 of Title 50, relating
1181 to open records. The Administrative Office of the Courts shall provide aggregated
1182 statistics only in accordance with subsection (g) of Code Section 16-12-141.1. Such
1183 individual reports shall be destroyed six months after submission to the Administrative
1184 Office of the Courts."
1185 SECTION 5-4.
1186 Said title is further amended by revising paragraph (1) of Code Section 15-11-681, relating
1187 to definitions for the "Parental Notification Act," as follows:
1188 "(1) 'Abortion' <ins>shall have the same meaning as set forth in Code Section 31-9A-2</ins> <del>means
</del> 1189 <del>the use or prescription of any instrument, medicine, drug, or any other substance or
</del> 1190 <del>device with the intent to terminate the pregnancy of a female known to be pregnant. The
</del> 1191 <del>term 'abortion' shall not include the use or prescription of any instrument, medicine, drug,
</del> 1192 <del>or any other substance or device employed solely to increase the probability of a live
</del> 1193 <del>birth, to preserve the life or health of the child after live birth, or to remove a dead unborn
</del> 1194 <del>child who died as a result of a spontaneous abortion. The term 'abortion' also shall not
</del> 1195 <del>include the prescription or use of contraceptives."
</del> 1196 SECTION 5-5.
1197 Said title is further amended by revising Code Section 15-11-682, relating to parental
1198 notification of abortion, hearing, and venue, as follows:
1199 "15-11-682.
1200 (a) No <del>physician</del> <ins>healthcare professional as defined in Code Section 31-9A-2</ins> or other
1201 person shall perform an abortion upon an unemancipated minor unless:
1202 (1)(A) The unemancipated minor seeking an abortion is accompanied by <del>his or her</del> <ins>a
</ins> 1203 parent or guardian who shall show proper identification and state that he or she is the
1204 lawful parent or guardian <ins>of such minor</ins> <del>of the unemancipated minor</del> and that he or she
1205 has been notified that an abortion is to be performed on the unemancipated minor;
1206 (B) The <del>physician or the physician's</del> <ins>healthcare professional or the healthcare
</ins> 1207 <ins>professional's</ins> qualified agent gives at least 24 hours' actual notice, in person or by
1208 telephone, to the parent or guardian of the unemancipated minor of the pending
1209 abortion and the name and address of the place where the abortion is to be performed;
1210 provided, however, that, if the person so notified indicates that he or she has been
1211 previously informed that the unemancipated minor was seeking an abortion or if the
1212 person so notified has not been previously informed and he or she clearly expresses that
1213 he or she does not wish to consult with the unemancipated minor, then in either event
1214 the abortion may proceed in accordance with Chapter 9A of Title 31; or
1215 (C) The <del>physician or the physician's</del> <ins>healthcare professional or the healthcare
</ins> 1216 <ins>professional's</ins> qualified agent gives written notice of the pending abortion and the
1217 address of the place where the abortion is to be performed, sent by registered or
1218 certified mail or statutory overnight delivery, return receipt requested with delivery
1219 confirmation, addressed to a parent or guardian of the unemancipated minor at the usual
1220 place of abode of the parent or guardian. Unless proof of delivery is otherwise sooner
1221 established, such notice shall be deemed delivered 48 hours after mailing. The time of
1222 mailing shall be recorded by the <del>physician</del> healthcare professional or agent in the
1223 unemancipated minor's file. The abortion may be performed 24 hours after the delivery
1224 of the notice; provided, however, that, if the person so notified certifies in writing that
1225 he or she has been previously informed that the unemancipated minor was seeking an
1226 abortion or if the person so notified has not been previously informed and he or she
1227 certifies in writing that he or she does not wish to consult with the unemancipated
1228 minor, then in either event the abortion may proceed in accordance with Chapter 9A of
1229 Title 31; and
1230 (2) The unemancipated minor signs a consent form stating that she consents, freely and
1231 without coercion, to the abortion.
1232 <ins>(b) Subsection (a) of this Code section shall not apply to an unemancipated minor seeking
</ins> 1233 <ins>an abortion if:
</ins> 1234 <ins>(1) In the professional judgment of the healthcare professional:
</ins> 1235 <ins>(A) Notice to the parent or guardian of such unemancipated minor may lead to physical
</ins> 1236 <ins>or emotional harm of such unemancipated minor; and
</ins>
1237 <ins>(B) The unemancipated minor is capable of giving informed consent to the abortion;
</ins> 1238 <ins>and
</ins> 1239 <ins>(2) The unemancipated minor signs a consent form stating that waiver of notice is
</ins> 1240 <ins>necessary under the provisions of this paragraph and that the unemanicpated minor
</ins> 1241 <ins>consents, freely and without coercion, to the abortion; or
</ins> 1242 <ins>(3) The healthcare professional or the healthcare professional's qualified agent makes
</ins> 1243 <ins>reasonable effort to give both actual and written notice to a parent or guardian of the
</ins> 1244 <ins>unemancipated minor and is unsuccessful.
</ins> 1245 <ins>A healthcare professional or the healthcare professional's qualified agent shall not be liable
</ins> 1246 <ins>for civil damages or subject to a criminal penalty for his or her decision under this
</ins> 1247 <ins>subsection not to give notice to a parent or guardian of an unemancipated minor.
</ins> 1248 <del>(b)(c)</del> If the unemancipated minor or the <del>physician or the physician's</del> <ins>healthcare
</ins> 1249 <ins>professional or the healthcare professional's</ins> qualified agent, as the case may be, elects not
1250 to comply with any one of the requirements of subparagraph (a)(1)(A), (a)(1)(B), or
1251 (a)(1)(C) of this Code section <ins>and no provision of subsection (b) of this Code section
</ins> 1252 <ins>applies to the unemancipated minor,</ins> <del>or if the parent or legal guardian of the unemancipated
</del> 1253 <del>minor cannot be located,</del> the unemancipated minor may petition, on his or her own behalf
1254 or by next friend, any juvenile court in the state for a waiver of such requirement pursuant
1255 to the procedures provided for in Code Section 15-11-684. The juvenile court shall assist
1256 the unemancipated minor or next friend in preparing the petition and notices required
1257 pursuant to this Code section. Venue shall be lawful in any county.
1258 <ins>(c)(d)</ins> No abortion shall be performed unless the requirements of subparagraph (a)(1)(A),
1259 (a)(1)(B), or (a)(1)(C) of this Code section have been met, <ins>unless a provision under
</ins> 1260 <ins>subsection (b) of this Code section applies</ins> or the unemancipated minor has obtained a court
1261 order waiving such requirements.
1262 <ins>(e) A healthcare professional or a healthcare professional's qualified agent shall not
</ins> 1263 <ins>provide notice to a parent or guardian if the unemancipated minor decides not to have an
</ins> 1264 <ins>abortion."
</ins> 1265 SECTION 5-6.
1266 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is
1267 amended by repealing Article 5, relating to abortion, and designating said article as reserved.
1268 SECTION 5-7.
1269 Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is
1270 amended by repealing subsection (a.1) of Code Section 19-6-15, relating to child support
1271 guidelines for determining amount of award, continuation of duty of support, and duration
1272 of support.
1273 SECTION 5-8.
1274 Said title is further amended by revising paragraph (1) of subsection (c) of Code Section
1275 19-7-1, relating to in whom parental power lies, how such power lost, and recovery for
1276 homicide of child or unborn child, as follows:
1277 "(c)(1) In every case of the homicide of a child, minor or sui juris, there shall be some
1278 party entitled to recover the full value of the life of the child, either as provided in this
1279 Code section or as provided in Chapter 4 of Title 51. <del>For the homicide of an unborn
</del> 1280 <del>child, the right to recover for the full value of the life of such child shall begin at the point
</del> 1281 <del>at which a detectable human heartbeat, as such term is defined in Code Section 1-2-1, is
</del> 1282 <del>present."
</del>
1283 SECTION 5-9.
1284 Said title is further amended by revising paragraph (2) of subsection (b) of Code Section
1285 19-7-5, relating to reporting of child abuse, when mandated or authorized, content of report,
1286 to whom made, immunity from liability, report based on privileged communication, penalty
1287 for failure to report, and spiritual treatment for illnesses, as follows:
1288 "(2) 'Abortion' shall have the same meaning as set forth in Code Section <del>15-11-681
</del> 1289 <ins>31-9A-2."
</ins> 1290 SECTION 5-10.
1291 Said title is further amended by revising paragraph (1) of subsection (a) of Code Section
1292 19-9-124, relating to parental limitation on delegation of power of attorney, rights, duties,
1293 and responsibilities of agents, acknowledgment of acceptance of responsibilities, approval
1294 of agents, and organizational and entity record keeping, as follows:
1295 "(a)(1) A parent of a child may delegate to an agent in a power of attorney any power and
1296 authority regarding the care and custody of such child, except the power to consent to the
1297 marriage or adoption of such child, <del>the performance or inducement of an abortion on or
</del> 1298 <del>for such child,</del> or the termination of parental rights to such child. Such power and
1299 authority may be delegated without the approval of a court, provided that such delegation
1300 of power and authority shall not operate to change or modify any parental or legal rights,
1301 obligations, or authority established by an existing court order, including a standing
1302 order, or deprive a parent of a child of any parental or legal rights, obligations, or
1303 authority regarding the custody, parenting time, visitation, or support of such child. Such
1304 delegation of power and authority shall not deprive or limit any support for a child that
1305 should be received by such child pursuant to a court order or for any other reason. When
1306 support is being collected for the child by the Child Support Enforcement Agency of the
1307 department, such agency shall be authorized to redirect support payments to the agent for
1308 the duration of the power of attorney or until the power of attorney is revoked or
1309 superseded by a court order."
1310 SECTION 5-11.
1311 Said title is further amended by revising items (5)(A) and (5)(B) in subsection (c) of Code
1312 Section 19-9-134, relating to power of attorney form for care of a child, as follows:
1313 "5. Sign by the statement you wish to choose (you may only choose one):
1314 (A) ___________________________ (Signature) I delegate to the agent all my power
1315 and authority regarding the care and custody of the child named above, including but
1316 not limited to the right to inspect and obtain copies of educational records and other
1317 records concerning the child, attend school activities and other functions concerning the
1318 child, and give or withhold any consent or waiver with respect to school activities,
1319 medical and dental treatment, and any other activity, function, or treatment that may
1320 concern the child. This delegation shall not include the power or authority to consent
1321 to the marriage or adoption of the child, <del>the performance or inducement of an abortion
</del> 1322 <del>on or for the child,</del> or the termination of parental rights to the child.
1323 OR
1324 (B) ___________________________ (Signature) I delegate to the agent the following
1325 specific powers and responsibilities (write in): _______________________________
1326 ____________________________________________________________________
1327 This delegation shall not include the power or authority to consent to the marriage or
1328 adoption of the child, <del>the performance or inducement of an abortion on or for the child,
</del> 1329 or the termination of parental rights to the child."
1330 SECTION 5-12.
1331 Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general
1332 provisions of education, is amended by repealing subsection (e) of Code Section 20-1-16,
1333 relating to kinship caregiver authorized to provide legal consent.
1334 SECTION 5-13.
1335 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by
1336 inserting "and" at the end of paragraph (5), by replacing "; and" at the end of paragraph (6)
1337 with a period, and by repealing paragraph (7) of Code Section 31-2-1, relating to legislative
1338 intent and grant of authority.
1339 SECTION 5-14.
1340 Said title is further amended by revising subparagraph (B) of paragraph (4) of Code
1341 Section 31-7-1, relating to definitions regarding the regulation of hospitals and related
1342 institutions, as follows:
1343 "(B) Any health facility wherein abortion procedures under <del>subsections (b) and (c) of
</del> 1344 <del>Code Section 16-12-141</del> <ins>Chapter 9A of this title</ins> are performed or are to be performed;"
1345 SECTION 5-15.
1346 Said title is further amended by revising subsection (b) of Code Section 31-32-14, relating
1347 to effect of chapter on advance directives for health care on other legal rights and duties, as
1348 follows:
1349 "(b) Nothing in this chapter shall be construed to condone, authorize, or approve mercy
1350 killing or to permit any affirmative or deliberate act or omission to end life other than to
1351 permit the process of dying as provided in this chapter. <del>Furthermore, nothing in this
</del> 1352 <del>chapter shall be construed to condone, authorize, or approve abortion."
</del>
1353 SECTION 5-16.
1354 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by
1355 revising subsection (c) of Code Section 33-24-59.6, relating to prescribed female
1356 contraceptive drugs or devices and insurance coverage, as follows:
1357 "(c) Every health benefit policy that is delivered, issued, executed, or renewed in this state
1358 or approved for issuance or renewal in this state by the Commissioner which provides
1359 coverage for prescription drugs on an outpatient basis shall provide coverage for any
1360 prescribed drug or device approved by the United States Food and Drug Administration for
1361 use as a contraceptive. This Code section shall not apply to limited benefit policies
1362 described in paragraph (4) of subsection (e) of Code Section 33-30-12. <del>Likewise, nothing
</del> 1363 <del>contained in this Code section shall be construed to require any insurance company to
</del> 1364 <del>provide coverage for abortion."
</del> 1365 SECTION 5-17.
1366 Said title is further amended by repealing Code Section 33-24-59.17, relating to coverage of
1367 certain abortions through certain qualified health plans prohibited and definitions, and
1368 designating said Code section as reserved.
1369 SECTION 5-18.
1370 Said title is further amended by revising subparagraph (C) of paragraph (1) of Code Section
1371 33-60-3, relating to definitions for small business insurance plans, as follows:
1372 "(C) Coverage of testing for chlamydia in Code Section 31-17-4.1; coverage for
1373 complications of pregnancy in Code Section 33-24-24; coverage for general anesthesia
1374 and related hospital and outpatient facility charges for dental care for persons who are
1375 developmentally disabled, seven or younger, neurologically impaired, or suffering
1376 severe face or head trauma in Code Section 33-24-28.4; surveillance tests for ovarian
1377 cancer in Code Section 33-24-56.2; colorectal cancer screening and testing in Code
1378 Section 33-24-56.3; coverage for hospital stays after delivery in Code Section
1379 33-24-58.2; direct access to obstetricians and gynecologists in Code Section 33-24-59;
1380 treatment of dependent children with cancer in Code Section 33-24-59.1; coverage for
1381 equipment and self-management training for individuals with diabetes in Code Section
1382 33-24-59.2; coverage for prescribed female contraceptive drugs or devices in Code
1383 Section 33-24-59.6, <del>provided that nothing contained in this paragraph shall be
</del> 1384 <del>construed to require any insurance company to provide coverage for abortion;</del> coverage
1385 for prescription inhalers in Code Section 33-24-59.8; coverage for autism in Code
1386 Section 33-24-59.10; coverage for mastectomy and lymph node dissection in Code
1387 Section 33-24-72; coverage for mammograms, Pap smears, and screening for prostate
1388 cancer in Code Sections 33-29-3.2 and 33-30-4.2; provisions concerning mail-order
1389 pharmaceuticals in Code Section 33-30-4.3; and coverage for child wellness exams in
1390 Code Sections 33-29-3.4 and 33-30-4.5."
1391 SECTION 5-19.
1392 Title 43 of the Official Code of Georgia Annotated, relating to physicians, assistants, and
1393 others, is amended by repealing paragraph (8) of subsection (a) of Code Section 43-34-8,
1394 relating to authority to refuse license, certificate, or permit or issue discipline, suspension,
1395 restoration, investigations, hearings on fitness, immunity, and publication of final
1396 disciplinary actions, and designating said paragraph as reserved.
1397 SECTION 5-20.
1398 Said title is further amended by repealing subsection (l) of Code Section 43-34-25, relating
1399 to delegation of certain medical acts to advanced practice registered nurse, construction and
1400 limitations of such delegation, conditions of nurse protocol, and issuance of prescription drug
1401 orders, and designating said subsection as reserved.
1402 SECTION 5-21.
1403 Said title is further amended by repealing Code Section 43-34-110, relating to abortions not
1404 to be performed by physician assistants.
1405 SECTION 5-22.
1406 Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,
1407 is amended by revising Code Section 45-18-4, relating to expenses not to be covered by plan,
1408 as follows:
1409 "45-18-4.
1410 The health insurance plan shall not include expenses incurred by or on account of an
1411 individual prior to the effective date of the plan; expenses for services received for injury
1412 or sickness due to war or any act of war, whether declared or undeclared, which war or act
1413 of war shall have occurred after the effective date of this plan; expenses for which the
1414 individual is not required to make payment; expenses to the extent of benefits provided
1415 under any employer group plan other than this plan in which the state participates in the
1416 cost thereof; <del>expenses for abortion services except to the extent permitted under the state
</del> 1417 <del>health benefit plan approved by the board as such plan existed on January 1, 2014;</del> and
1418 such other expenses as may be excluded by regulations of the board. <del>For purposes of this
</del> 1419 <del>Code section, the term 'abortion' shall have the same meaning as provided in Code Section
</del> 1420 <del>31-9A-2."
</del> 1421 SECTION 5-23.
1422 Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is
1423 amended by revising subsection (a) of Code Section 48-7-26, relating to personal
1424 exemptions, as follows:
1425 "(a) As used in this Code section, the term 'dependent' shall have the same meaning as in
1426 the Internal Revenue Code of 1986; <del>provided, however, that any unborn child with a
</del>
1427 <del>detectable human heartbeat, as such terms are defined in Code Section 1-2-1, shall qualify
</del> 1428 <del>as a dependent minor."
</del> 1429 SECTION 5-24.
1430 Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended
1431 by adding a new Code section to read as follows:
1432 <ins>"49-4-156.2.
</ins> 1433 <ins>The Department of Community Health shall provide payment for all abortion and abortion
</ins> 1434 <ins>related services for all recipients of medical assistance as defined in Code
</ins> 1435 <ins>Section 49-4-141."
</ins> 1436 PART VI
1437 Effective date and repealer
1438 SECTION 6-1.
1439 (a) Part II of this Act shall become effective only upon the effective date of a specific
1440 appropriation of funds for the purposes of this article, as expressed in a line item making
1441 specific reference to this Act in a General Appropriations Act enacted by the General
1442 Assembly.
1443 (b) Parts I, III, IV, V, and VI of this Act shall become effective upon its approval by the
1444 Governor or upon its becoming law without such approval.
1445 SECTION 6-2.
1446 All laws and parts of laws in conflict with this Act are repealed.