HB1480: HB1480 Georgia Medicare for All Act; enact

26 LC 65 0019 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 public1 assistance, so as to establish the Georgia Medicare for All Program to provide comprehensive2 universal single payer healthcare coverage and a healthcare cos t control system for the3 benefit of all Georgia residents; to provide for definitions; to establish the Georgia Medicare4 for All Board and its composition, duties, and responsibilities ; to provide for an executive5 board and an executive director; to establish four public advis ory committees and the6 composition, terms, duties, and responsibilities of such committees; to authorize the board7 to organize, administer, market, and fund the program; to restrict what policies an insurer can8 offer during the transition and implementation periods of such program; to provide for the9 board to make additional proposals for recommended program services; to provide for the10 collection, transmission, retention, analysis, and disclosure of data to promote transparency11 and ensure the quality of healthcare services provided to members through the program; to12 prohibit law enforcement from using program money or property t o investigate criminal,13 civil, or administrative violations; to provide for member enro llment and allow certain14 nonresidents to enroll in the program; to provide for covered healthcare benefits and ancillary15 healthcare services; to allow any qualified healthcare provider to participate in the program;16 to provide for a care coordinator and care coordination in the program; to provide for the17 approval of care coordinators and the approval of healthcare organizations; to authorize the18 H. B. 1480 - 1 - 26 LC 65 0019 board to establish payment methodologies for care coordination, healthcare services, and19 ancillary healthcare services; to authorize the board to establish minimum uniform healthcare20 standards; to authorize the board to seek all federal waivers and other arrangements to secure21 federal funding for and support of the program; to establish th e Georgia Medicare for All22 Trust Fund to support the Georgia Medicare for All Program; to authorize appropriation of23 money to the fund; to allow healthcare providers to enter into collective negotiations to reach24 agreement on terms and conditions of contracts for the program; to amend Title 49 of the25 Official Code of Georgia Annotated, relating to social services, and an Act amending said26 title, approved April 15, 2014 (Ga. L. 2014, p. 293), so as to repeal provisions regarding27 prohibition of Medicaid expansion; to amend Titles 31, 42, and 43, relating to health, penal28 institutions, and professions and businesses, respectively, and an Act amending Titles 3129 and 43, approved March 23, 2023 (Ga. L. 2023, p. 6), so as to repeal provisions relating to30 treatment of gender dysphoria; to amend Titles 1, 15, 16, 19, 20, 31, 33, 43, 45, 48, and 49,31 relating to general provisions, courts, crimes and offenses, do mestic relations, educations,32 health, insurance, professions and businesses, public officers and employees, revenue and33 taxation, and social services, respectively, and an Act amending said titles, approved May 7,34 2019 (Ga. L. 2019, p. 711), so as to repeal and revise provisio ns relating to abortion; to35 provide conforming changes; to repeal legislative findings; to provide for related matters; to36 provide for contingent effectiveness; to repeal conflicting laws; and for other purposes.37 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:38 H. B. 1480 - 2 - 26 LC 65 0019 PART I39 Legislative findings40 SECTION 1-1.41 The General Assembly finds and declares that:42 (1) Healthcare is a human right;43 (2) Access to health insurance is a key determinant of whether individuals can utilize44 healthcare;45 (3) The current employer based health insurance system does not ensure all Georgians46 receive health insurance:47 (A) While the federal Affordable Care Act expanded access to health insurance, it does48 not guarantee comprehensive health insurance to all Georgians; and49 (B) As of 2023, an estimated 13.3 percent of Georgians aged 64 or younger were50 uninsured;51 (4) Georgia is one of just ten states that have not expanded Medicaid under the federal52 Affordable Care Act, further l imiting the Act's effectiveness i n providing access to53 insurance;54 (5) Nationally, uninsured individuals are more likely to be Black and even more likely55 to be Hispanic, Native American, or Pacific Islander; more likely to have low incomes;56 and more likely to be noncitizens. Among noncitizens, those who have resided in the57 United States for five or more years are uninsured at roughly t he same rates as more58 recent noncitizens;59 (6) A 2023 national survey found that only 27 percent of the uninsured population was60 uninsured because they did not need or want insurance. 63 percent cited being unable to61 afford insurance, with other major reasons for being uninsured including ineligibility, the62 sign up process being too cumbersome, and available plans not meeting their needs;63 H. B. 1480 - 3 - 26 LC 65 0019 (7) The United States spends far more on healthcare per person than other developed64 countries, yet health outcomes for Americans are not better tha n countries that spend65 much less;66 (8) Gender-affirming care and reproductive care are essential healthcare;67 (9) Certain laws previously enacted by the General Assembly ar e repugnant to the68 purpose of guaranteeing comprehensive healthcare to all Georgia ns and should be69 repealed; and70 (10) It is necessary to enact a universal single-payer healthc are system to protect and71 ensure the health, safety, and general welfare of Georgians.72 PART II73 Georgia Medicare for All Act74 SECTION 2-1.75 Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance,76 is amended by adding a new article to read as follows:77 "ARTICLE 1078 49-4-200.79 This article shall be known and may be cited as the 'Georgia Medicare for All Act.' The80 purpose of this Act is to guarantee health insurance to all Geo rgians through a universal81 single-payer program and enable all Georgians to access comprehensive healthcare under82 the program. This article shall be construed broadly to give the Act such effect.83 49-4-201.84 As used in this article, the term:85 H. B. 1480 - 4 - 26 LC 65 0019 (1) 'Affordable Care Act' means the federal Patient Protection and Affordable Care Act86 (P.L. 111-148), as amended by the federal Health Care and Education Reconciliation Act87 of 2010 (P.L. 111-152) and any amendments to or regulations or guidance issued under88 those acts as of January 1, 2026.89 (2) 'Care coordinator' means an individual or entity approved by the board to provide90 care coordination as provided in Code Sections 49-4-214 and 49-4-215.91 (3) 'Covered healthcare service' means any healthcare service, including care92 coordination, which is included as a benefit under the Georgia Medicare for All Program,93 as provided in Code Section 49-4-212.94 (4) 'Essential community providers' means persons or entities acting as safety net clinics,95 safety net healthcare providers, or rural hospitals, serving pr edominantly low-income,96 medically underserved individuals.97 (5) 'Georgia resident' means an individual whose primary place of abode is in this state,98 without regard to the individual's immigration status.99 (6) 'Healthcare facility' means a private not-for-profit corporation authorized by law to100 provide in this state one or more of the following: hospital services; nursing home care101 services; services for the developmentally disabled, disabled, elderly, or mentally ill;102 assisted living services; or hospice or palliative care services.103 (7) 'Healthcare organization' means an entity that is approved by the board to provide104 healthcare services to members under the Georgia Medicare for All Program, as provided105 in Code Section 49-4-217.106 (8) 'Healthcare provider' means an individual, entity, corporation, facility, or institution107 licensed by this state or otherwise lawfully permitted to provi de healthcare services in108 this state, including a physician, clinic, laboratory, pharmacy, or hospital.109 (9) 'Healthcare providers' representative' means a third party that is authorized by a group110 of healthcare providers to negotiate on the group's behalf with the board or other111 H. B. 1480 - 5 - 26 LC 65 0019 representative concerning terms and conditions affecting health care providers in the112 Georgia Medicare for All Program, as provided in Code Section 49-4-221.113 (10) 'Georgia Medicare for All Board' or 'board' means the Geo rgia Medicare for All114 Board established in Code Section 49-4-202.115 (11) 'Georgia Medicare for All Program' or 'program' means the Georgia Medicare for116 All Program established in this article.117 (12) 'Georgia Medicare for All Public Advisory Committee' means the public advisory118 committee established to advise the board on funding and implementing the program as119 provided in Code Section 49-4-203.120 (13) 'Georgia Medicare for All Trust Fund' or 'fund' means the Georgia Medicare for All121 Trust Fund as established in Code Section 49-4-220.122 (14) 'Implementation period' means the period when the Georgia Medicare for All123 Program becomes fully functional.124 (15) 'Insurer' means an entity subject to the insurance laws and regulations of this state,125 or subject to the jurisdiction of the Commissioner of Insurance, that contracts, offers to126 contract, or enters into an agreement to provide, deliver, arra nge for, pay for, or127 reimburse any of the costs of healthcare services, including th ose of an accident and128 sickness insurance company, a health maintenance organization, a healthcare plan, a129 managed care plan, or any other entity providing a health insurance plan, a health benefit130 plan, or healthcare services.131 (16) 'Integrated healthcare delivery system' means an organization that:132 (A) Is fully integrated, operationally and clinically, in order to provide a broad range133 of healthcare services, including preventive care, prenatal and well-baby care,134 immunizations, screening diagnos tics, emergency services, hospi tal and medical135 services, surgical services, and ancillary services; and136 (B) Is compensated by the Georgia Medicare for All Program usi ng capitation or137 facility budgets for the provision of healthcare services.138 H. B. 1480 - 6 - 26 LC 65 0019 (17) 'Long-Term Care Public Advisory Committee' means the public advisory committee139 established to advise the board on covering long-term care services, as provided in Code140 Section 49-4-204.141 (18) 'Medicaid' means the joint federal and state program of m edical assistance142 established by Title XIX of the federal Social Security Act, which is administered in this143 state by the Department of Community Health pursuant to Article 7 of this chapter.144 (19) 'Medicare' means the federal 'Health Insurance for the Aged and Disabled Act,' Title145 XVIII of the Social Security Act of 1965, as then constituted o r later amended, as of146 January 1, 2026.147 (20) 'Member' means an individual who is enrolled in the Georg ia Medicare for All148 Program, as provided in Code Section 49-4-211.149 (21) 'Out-of-state healthcare service' means a healthcare serv ice provided in person to150 a member while he or she is physically located out of this state when:151 (A) It is medically necessary that the healthcare service be provided while the member152 is physically out of this state; or153 (B) It is clinically appropriate and medically necessary and cannot be provided in this154 state because the healthcare service can only be provided by a particular healthcare155 provider physically located out of this state.156 (22) 'Participating provider' means any healthcare provider th at provides healthcare157 services to members under the program.158 (23) 'PeachCare' means the PeachCare for Kids Program created by Code159 Section 49-5-273.160 (24) 'Prescription drug' means any drug, including any biologi cal product, except for161 blood and blood components intended for transfusion or biological products that are also162 medical devices, required by federal law, including federal regulation, to be dispensed163 only by a prescription, including finished dosage forms and bulk drug substances subject164 to Section 503(b) of the Federal Food, Drug, and Cosmetic Act.165 H. B. 1480 - 7 - 26 LC 65 0019 (25) 'Primary care provider' means a physician, nurse practitioner, or physician assistant,166 holding an advanced degree and licensed in this state, who provides initial and continuing167 general healthcare services. Primary care includes internal medicine, pediatric medicine,168 family or general practice, geriatric medicine, and obstetrics and gynecology.169 (26) 'Specialist healthcare provider' means a physician, nurse practitioner, or physician170 assistant, holding an advanced degree and licensed in this state, who provides initial or171 continuing specialized or subspecialized healthcare services focused on a specific area172 of medicine or a group of patients. Specialty care includes cardiology, gastroenterology,173 immunology, neurology, oncology, psychiatry, pulmonology, and rheumatology.174 (27) 'State Health Benefit Plans Public Advisory Committee' means the public advisory175 committee established to advise the board on incorporating stat e health benefits and176 retirement benefits, as provided in Code Section 49-4-205.177 (28) 'Transition period' means the period during which the Geo rgia Medicare for All178 Program is subject to special eligibility and financing provisi ons and is open for179 enrollment but has not entered the implementation period.180 (29) 'Workers' Compensation Public Advisory Committee' means t he public advisory181 committee established to advise the board on incorporating work ers' compensation182 benefits, as provided in Code Section 49-4-206.183 49-4-202.184 (a) There is created the Georgia Medicare for All Board for the purposes of implementing,185 directing, and maintaining the Georgia Medicare for All Program and the Georgia186 Medicare for All Trust Fund. The board shall be an independent public entity not affiliated187 with a state agency or department.188 (b) The board shall consist of the following members: four appointed by the Governor; two189 appointed by the President of the Senate; two appointed by the Speaker of the House of190 Representatives; and the commissioner of community health or his or her designee, who191 H. B. 1480 - 8 - 26 LC 65 0019 shall serve as a voting ex officio member of the board. The ap pointed members of the192 board shall be Georgia residents.193 (c) The Governor shall appoint at least six and no more than eight additional members of194 the board as follows:195 (1) At least one representative of a labor organization representing nurses;196 (2) At least one representative of the general public;197 (3) At least one representative of a labor organization differ ent from the organization198 represented by the individual appointed pursuant to paragraph (1) of this subsection;199 (4) At least one representative of the healthcare provider community; and200 (5) Additional members so as to fulfill the board's purposes.201 (d) Members appointed under subsections (b) and (c) of this Code section, other than the202 ex officio member, shall be appointed for a term of four years. Appointments by the203 Governor shall be subject to confirmation by the Senate. A mem ber of the board may204 continue to serve until the appointment and qualification of his or her successor. Vacancies205 shall be filled by appointment for an unexpired term. The board shall elect a chair on an206 annual basis.207 (e) Each person appointed to the board shall:208 (1) Have demonstrated and acknowledged expertise in healthcare;209 (2) Meet the applicable requirements of this Code section, the Affordable Care Act, and210 state and federal laws and regulations;211 (3) Serve the public interest of the individuals, employers, a nd taxpayers seeking212 healthcare coverage through the program; and213 (4) Ensure the operational well-being and fiscal solvency of the program and fund.214 (f) In making appointments to the board, the appointing authorities shall consider:215 (1) The expertise of the other members of the board and attempt to make appointments216 so that the board's composition reflects a diversity of expertise in the various aspects of217 healthcare; and218 H. B. 1480 - 9 - 26 LC 65 0019 (2) The cultural, ethnic, and geographic diversity of the stat e so that the board's219 composition reflects the communities of this state.220 (g) A board member shall not be:221 (1) Employed by, a consultant to, a member of the board of directors of, affiliated with,222 or otherwise be a representative of a healthcare provider, a healthcare facility, or a health223 clinic while serving on the board;224 (2) A member, a board member, or an employee of a trade associ ation of healthcare225 facilities, health clinics, or healthcare providers while serving on the board; or226 (3) A healthcare provider, unless he or she receives no compen sation for rendering227 services as a healthcare provider and does not have an ownership interest in a healthcare228 practice.229 (h) Board members shall serve without compensation but shall b e allowed actual and230 necessary expenses in the performance of their duties. Legislative members of the board231 shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall232 receive a daily expense allowance in the amount specified in su bsection (b) of Code233 Section 45-7-21 as well as the mileage or transportation allowa nce authorized for state234 employees. State officials or state employees shall be reimbur sed for expenses incurred235 in the performance of their duties as members of the board in t he same manner as236 reimbursements are made in their capacity as state officials or state employees. The funds237 necessary for the reimbursement of the expenses of state offici als, other than legislative238 members, and state employees shall come from funds appropriated to or otherwise239 available to their respective departments.240 (i) A board member shall not make, participate in making, or in any way attempt to use his241 or her official position to influence the making of a decision that he or she knows, or has242 reason to know, will have a reasonably foreseeable material financial effect, distinguishable243 from its effect on the public generally, on him or her or a member of his or her immediate244 family, or on either of the following:245 H. B. 1480 - 10 - 26 LC 65 0019 (1) Any source of income aggregating $250.00 or more in value provided to, received246 by, or promised to the board member within 12 months before the time when the decision247 is made, other than gifts and other than loans by a commercial lending institution in the248 regular course of business on terms available to the public wit hout regard to official249 status; or250 (2) Any business entity in which the board member is a director, officer, partner, trustee,251 or employee, or holds any position of management.252 (j) There may not be liability in a private capacity on the pa rt of the board or a board253 member, or an officer or employee of the board, for or on account of an act performed or254 obligation entered into in an official capacity when done in go od faith, without intent to255 defraud, and in connection with the administration, management, or conduct of this article256 or affairs related to this article.257 (k) The board's meetings are subject to Chapter 14 of Title 50, relating to open meetings.258 (l) The board may adopt policies and procedures necessary to implement, administer, and259 maintain the Georgia Medicare for All Program.260 (m) The board shall hire an executive director to organize, ad minister, and manage the261 operations of the board. The executive director is exempt from civil service and shall serve262 at the pleasure of the board. The executive director shall att end and participate in board263 meetings, except those in which the executive director has a co nflict of interest. The264 executive director shall not be entitled to a vote at any board meetings. The executive265 director may attend any public advisory committees established to advise the board on266 matters concerning the program.267 49-4-203.268 (a) There is established the Georgia Medicare for All Public Advisory Committee for the269 purpose of making recommendations to the board on all matters of policy for the Georgia270 Medicare for All Program, including without limitation whether it is appropriate to institute271 H. B. 1480 - 11 - 26 LC 65 0019 any additional taxation to fund the program. The commissioner of community health or272 his or her designee shall serve as a nonvoting ex officio member of the committee.273 (b) The members of the committee shall be appointed as follows:274 (1) The Governor shall appoint eight members as follows:275 (A) One board certified physician;276 (B) One board certified dentist;277 (C) One representative of private hospitals;278 (D) One representative of public hospitals;279 (E) One representative of an integrated healthcare delivery system;280 (F) Two consumers of healthcare, at least one of whom shall be a member of the281 disabled community; and282 (G) One representative of small business employing fewer than 25 people;283 (2) The President of the Senate shall appoint seven members as follows:284 (A) One board certified psychiatrist;285 (B) Two nurse practitioners or registered nurses;286 (C) One mental healthcare provider;287 (D) One consumer of healthcare who is 65 years of age or older;288 (E) One representative of organized labor; and289 (F) One representative of essential community providers; and290 (3) The Speaker of the House of Representatives shall appoint seven members as291 follows:292 (A) Two board certified physicians who are primary care providers;293 (B) One licensed healthcare provider who is neither a physician nor a nurse;294 (C) One consumer of healthcare;295 (D) One representative of organized labor;296 (E) One representative of large business employing more than 250 people; and297 (F) One pharmacist.298 H. B. 1480 - 12 - 26 LC 65 0019 (c) In making appointments pursuant to this Code section, the Governor, the President of299 the Senate, and the Speaker of the House of Representatives shall make good faith efforts300 to ensure that their appointments, as a whole, reflect, to the greatest extent feasible, the301 social and geographic diversity of this state.302 (d) Each committee member appointed by the Governor, the President of the Senate, and303 the Speaker of the House of Representatives shall serve a four- year term and may be304 reappointed for succeeding four-year terms.305 (e) A vacancy on the committee must be filled within 30 days a fter it occurs and in the306 same manner in which the vacating committee member was initially selected or appointed.307 The commissioner of community health shall notify the appropriate appointing authority308 of any expected vacancy on the committee. Any vacancy is only to be filled for the309 remainder of the original term.310 (f) Members of the committee shall serve without compensation but shall be entitled to311 receive reimbursement for per diem and travel expenses as provi ded in Code312 Section 45-7-21.313 (g) The committee shall meet at least six times per year in a place convenient to the public. 314 All meetings of the committee are subject to Chapter 14 of Titl e 50, relating to open315 meetings.316 (h) The committee shall elect a chair who shall serve for two years and who may be317 reelected for additional two-year terms.318 (i) Appointed committee members must have worked in the field they represent on the319 committee for a period of at least two years before being appointed to the committee. This320 subsection shall not apply to committee members appointed as consumers of healthcare.321 (j) It is unlawful for the committee members or any of their assistants, clerks, or deputies322 to use for personal benefit any information that is filed with, or obtained by, the committee323 and that is not generally available to the public.324 H. B. 1480 - 13 - 26 LC 65 0019 49-4-204.325 (a) There is established the Long-Term Care Public Advisory Committee for the purpose326 of making recommendations to the board regarding long-term care coverage by the327 program. The Commissioner of Insurance or his or her designee shall serve as a nonvoting328 ex officio member of the committee.329 (b) The committee shall consist of the board chair, serving as chair of the committee, and330 the following members appointed by the chair: at least one representative of consumers or331 potential consumers of long-term care services; at least one representative of providers of332 long-term care services; at least one member of a labor union; and, at the discretion of the333 chair, representatives of other interested parties.334 (c) All appointed committee members shall serve for a term of two years, and335 appointments may be renewed by the chair for additional two-year terms. The chair may336 provide for the staggering of terms. A vacancy that occurs shall be filled within 30 days337 after it occurs, and such member shall serve for the remainder of the unexpired term.338 (d) The committee shall meet at the call of the chair and shal l meet as necessary or339 convenient to perform its duties.340 (e) Membership on the advisory committee does not constitute p ublic office, and no341 member shall be disqualified from holding office by reason of m embership on the342 committee.343 (f) Members of the advisory committee shall receive no compensation or reimbursement344 of expenses from the state for their services as members of the advisory committee.345 (g) The advisory committee shall stand abolished no later than four years from the date346 upon which the first meeting of the committee takes place; prov ided, however, that the347 committee may be reestablished at the calling of the chair in o rder to make348 recommendations consistent with the committee's purpose and the needs of the board.349 H. B. 1480 - 14 - 26 LC 65 0019 49-4-205.350 (a) There is established the State Health Benefit Plans Public Advisory Committee for the351 purpose of making recommendations to the board regarding accomm odating state352 employee health and retirement benefits into the program. The commissioner of353 community health or his or her designee shall serve as a nonvoting ex officio member of354 the committee.355 (b) The committee shall consist of the board chair, serving as chair of the committee, and356 the following members appointed by the chair: at least one curr ently employed state or357 public employee; at least one retired state or public employee; at least one healthcare358 provider; at least one accountant; at least one law enforcement officer or firefighter359 currently employed by this state; and, at the discretion of the chair, representatives of other360 interested parties.361 (c) All appointed committee members shall serve for a term of two years, and362 appointments may be renewed by the chair for additional two-year terms. The chair may363 provide for the staggering of terms. A vacancy that occurs shall be filled within 30 days364 after it occurs, and such member shall serve for the remainder of the unexpired term.365 (d) The committee shall meet at the call of the chair and shal l meet as necessary or366 convenient to perform its duties.367 (e) Membership on the advisory committee does not constitute p ublic office, and no368 member shall be disqualified from holding office by reason of m embership on the369 committee.370 (f) Members of the advisory committee shall receive no compensation or reimbursement371 of expenses from the state for their services as members of the advisory committee.372 (g) The advisory committee shall stand abolished no later than four years from the date373 upon which the first meeting of the committee takes place; prov ided, however, that the374 committee may be reestablished at the calling of the chair in o rder to make375 recommendations consistent with the committee's purpose and the needs of the board.376 H. B. 1480 - 15 - 26 LC 65 0019 49-4-206.377 (a) There is established the Workers' Compensation Public Advisory Committee for the378 purpose of making recommendations to the board regarding accomm odating workers'379 compensation health benefits into the program. The Commissioner of Labor or his or her380 designee shall serve as a nonvoting ex officio member of the committee.381 (b) The committee shall consist of the board chair, serving as chair of the committee, and382 the following members appointed by the chair: at least one currently employed individual;383 at least one individual receiving workers' compensation health benefits; at least one384 healthcare provider; at least one attorney; and, at the discretion of the chair, representatives385 of other interested parties.386 (c) All appointed committee members shall serve for a term of two years, and387 appointments may be renewed by the chair for additional two-year terms. The chair may388 provide for the staggering of terms. A vacancy that occurs shall be filled within 30 days389 after it occurs, and such member shall serve for the remainder of the unexpired term.390 (d) The committee shall meet at the call of the chair and shal l meet as necessary or391 convenient to perform its duties.392 (e) Membership on the advisory committee does not constitute p ublic office, and no393 member shall be disqualified from holding office by reason of m embership on the394 committee.395 (f) Members of the advisory committee shall receive no compensation or reimbursement396 of expenses from the state for their services as members of the advisory committee.397 (g) The advisory committee shall stand abolished no later than four years from the date398 upon which the first meeting of the committee takes place; prov ided, however, that the399 committee may be reestablished at the calling of the chair in o rder to make400 recommendations consistent with the committee's purpose and the needs of the board.401 H. B. 1480 - 16 - 26 LC 65 0019 49-4-207.402 (a) No later than July 1, 2029, the board shall establish and implement the Georgia403 Medicare for All Program, providing comprehensive universal sin gle payer healthcare404 coverage and a healthcare cost control system for the benefit of all Georgia residents.405 (b) The board shall, to the maximum extent possible, organize, administer, and market the406 program and services as a single payer program under the name 'Georgia Medicare for All'407 or any other name as the board determines, regardless of the la w or source where the408 definition of a benefit is found, including, on a voluntary basis, retiree health benefits. The409 board shall avoid jeopardizing federal financial participation in the programs that are410 incorporated into the Georgia Medicare for All Program and shal l take care to promote411 public understanding and awareness of available benefits and programs thereof.412 (c) The board shall consider any matter necessary to carry out the provisions and purposes413 of this article. The board shall have no executive, administra tive, or appointive duties414 except as otherwise provided by law.415 (d) The board shall employ necessary staff and authorize reaso nable expenditures, as416 necessary, from the Georgia Medicare for All Trust Fund to pay program expenses and to417 administer the program.418 (e) The board may do all of the following:419 (1) Negotiate and enter into any necessary contracts, includin g, but not limited to,420 contracts with healthcare providers, integrated healthcare deli very systems, and care421 coordinators;422 (2) Sue and be sued;423 (3) Receive and accept gifts, grants, or donations of moneys f rom any agency of the424 federal government, any agency of the state, and any municipali ty, county, or other425 political subdivision of the state;426 H. B. 1480 - 17 - 26 LC 65 0019 (4) Receive and accept gifts, grants, or donations from individuals, associations, private427 foundations, and corporations, in compliance with the conflict of interest provisions to428 be adopted by the board by rule; and429 (5) Share information with relevant state agencies, consistent with the confidentiality430 provisions in this article, which is necessary for the administration of the program.431 (f) The board shall determine dates for the transition period and for the implementation432 period.433 (g) An insurer may not offer benefits or cover any services for which coverage is offered434 to individuals under the program, but may, if otherwise authorized, offer benefits to cover435 healthcare services that are not offered to individuals under t he program. However, this436 Code section does not prohibit an insurer from offering:437 (1) Any benefits to or for individuals, including their famili es, who are employed or438 self-employed in this state but who are not Georgia residents; or439 (2) Any benefits during the transition period to individuals who enrolled or may enroll440 as members of the program.441 (h) Once the implementation period starts, a person may not be a board member unless he442 or she is a member of the program, except the ex officio member.443 49-4-208.444 No later than July 1, 2029, the board shall develop the followi ng recommendations and445 proposals:446 (1) For the program to provide long-term care coverage, including the development of447 a proposal, consistent with the principles of this article, for the program's funding, in448 consultation with the public advisory committee established in Code Section 49-4-204;449 (2) For the program to accommodate employer retiree health ben efits for people who450 were members of the program but live as retirees out of this st ate and for people who451 H. B. 1480 - 18 - 26 LC 65 0019 earned or accrued such benefits while residing in this state before the implementation of452 the program and live as retirees out of this state;453 (3) For the program to accommodate state health insurance and retirement benefit plans,454 in consultation with the public advisory committee established in Code Section 49-4-205;455 (4) For the program to provide healthcare services currently covered under the workers'456 compensation system, including whether and how to continue funding for those services457 under that system and whether and how to incorporate an element of experience rating,458 in consultation with the public advisory committee established in Code Section 49-4-206;459 (5) For providing assistance to consumers with respect to the selection of a care460 coordinator or healthcare organization, enrolling, obtaining he althcare services,461 disenrolling, and other matters relating to the program;462 (6) For providing assistance to healthcare providers providing , seeking, or considering463 whether to provide healthcare services under the program and with respect to participating464 in and interacting with a healthcare organization in the program;465 (7) For using funds in the Georgia Medicare for All Trust Fund or otherwise appropriated466 to provide grants to the Department of Community Health to support its implementation467 of the state health benefit plans; and468 (8) For using funds in the Georgia Medicare for All Trust Fund or otherwise appropriated469 to provide grants to the Department of Labor for a program for retraining and assisting with470 job transition for individuals employed or previously employed in the fields of health471 insurance, for healthcare service plans, and for other third-party payments for healthcare472 or those individuals providing services to healthcare providers to deal with third-party473 payers for healthcare and whose jobs may be or have been ended as a result of the474 implementation of the program, consistent with otherwise applicable law.475 H. B. 1480 - 19 - 26 LC 65 0019 49-4-209.476 (a) The board shall provide for the collection and availability of all of the following data477 to promote transparency, assess adherence to patient care stand ards, compare patient478 outcomes, and review utilization of healthcare services paid for by the program:479 (1) Inpatient discharge data, including acuity and risk of mortality;480 (2) Emergency department and ambulatory surgery data, including charge data, length481 of stay, and patients' unit of observation; and482 (3) Hospital annual financial data, including all of the following:483 (A) Community benefits by hospital in dollar value;484 (B) Number of employees and classification by hospital unit;485 (C) Number of hours worked by hospital unit;486 (D) Employee wage information by job title and hospital unit;487 (E) Number of registered nurses per staffed bed by hospital unit;488 (F) Type and value of health information technology; and489 (G) Annual spending on health information technology, including purchases, upgrades,490 and maintenance.491 (b) The board shall submit data as required and as requested t o the Georgia All-Payer492 Claims Database, as provided under Code Section 31-53-47.493 (c) The board shall, directly and through grants to nonprofit entities, conduct programs494 using data collected through the Georgia Medicare for All Program to promote and protect495 public, environmental, and occupational health, including coope ration with other data496 collection and research programs, consistent with this article and otherwise applicable law.497 49-4-210.498 Notwithstanding any other law, a law enforcement agency may not u s e t h e G e o r g i a499 Medicare for All Program or any program information, money, fac ilities, property,500 equipment, or personnel to investigate, enforce, or assist in t he investigation or501 H. B. 1480 - 20 - 26 LC 65 0019 enforcement of any criminal, civil, or administrative violation or warrant for a violation of502 any requirement that individuals register with the federal government or any federal agency503 based on religion, national origin, ethnicity, or immigration status.504 49-4-211.505 (a) Every Georgia resident is eligible and shall be automatically enrolled as a member of506 the program, unless disenrolled or disqualified under subsection (b) of this Code section.507 (b) The board shall develop all necessary procedures, rules, and regulations for ensuring508 every Georgia resident is enrolled in the program, subject to the following standards:509 (1) The board may define further standards for what constitutes Georgia residency under510 the meaning of this article;511 (2) The board shall provide for automatic enrollment of every Georgia resident in the512 program to the extent possible;513 (3) The board shall provide and publicize a means by which Georgia residents who have514 not been automatically enrolled may apply for enrollment in the program;515 (4) The board shall provide for the manner in which program me mbers shall be516 disenrolled due to loss of residency or refusal to provide information which the member517 is required to provide under Code Section 49-4-219;518 (5) The board shall provide for the manner in which program me mbers shall be519 disqualified due to fraudulent receipt of benefits or similar o ffenses, provided that no520 criminal offense not relevant to the member's past or future receipt of benefits shall be521 a reason for disqualification;522 (6) The board is authorized to take appropriate action regardi ng disenrolled or523 disqualified individuals, including assessing reasonable civil penalties and, for524 disqualified individuals, making criminal referrals;525 (7) The board shall provide for a review and appeal process fo r individuals subject to526 disenrollment or disqualification and shall provide a manner by which such individuals527 H. B. 1480 - 21 - 26 LC 65 0019 may re-enroll. The board may provide additional reasonable stan dards which must be528 satisfied by disqualified individuals before they can re-enroll; and529 (8) The board shall have the authority to request and obtain i nformation on the state's530 behalf and from other state agencies that it deems necessary to determine residency and531 achieve automatic enrollment and disenrollment.532 (c)(1) A member shall not be required to pay any fee, payment, or other charge for533 enrolling in or being a member under the program.534 (2) A member shall not be required to pay any premium, copayme nt, coinsurance,535 deductible, or any other cost-sharing arrangements for all covered benefits.536 (d) A college, university, or other institution of higher education in this state may purchase537 coverage under the program for a student, or a student's dependent, who is not a Georgia538 resident.539 49-4-212.540 (a) Covered healthcare benefits under the program include all medical care determined to541 be medically necessary and clinically appropriate by the member's healthcare provider.542 (b) Covered healthcare benefits for members shall include, but are not limited to, all of the543 following:544 (1) Licensed inpatient and licensed outpatient medical and health facility services;545 (2) Inpatient and outpatient professional healthcare provider medical services;546 (3) Diagnostic imaging, laboratory services, and other diagnostic and evaluative services;547 (4) Medical equipment, appliances, and assistive technology, i ncluding prosthetics,548 eyeglasses, and hearing aids repair, technical support, and cus tomization needed for549 individual use;550 (5) Inpatient and outpatient rehabilitative care;551 (6) Emergency care services;552 (7) Emergency transportation;553 H. B. 1480 - 22 - 26 LC 65 0019 (8) Necessary transportation for healthcare services for persons with disabilities or who554 may qualify as low income;555 (9) Child and adult immunizations and preventive care;556 (10) Health and wellness education;557 (11) Hospice or palliative care;558 (12) Care in a skilled nursing facility;559 (13) Home healthcare, including healthcare provided in an assisted living facility;560 (14) Mental health services;561 (15) Substance abuse treatment;562 (16) Dental care;563 (17) Vision care;564 (18) Prescription drugs;565 (19) Pediatric care;566 (20) Prenatal and postnatal care;567 (21) Podiatric care;568 (22) Chiropractic care;569 (23) Acupuncture;570 (24) Therapies that are shown by the National Center for Complementary and Integrative571 Health or National Institutes of Health to be safe and effective;572 (25) Blood and blood products;573 (26) Dialysis;574 (27) Adult day care;575 (28) Rehabilitative services;576 (29) Ancillary healthcare or social services;577 (30) Ancillary healthcare or social services for persons with developmental disabilities;578 (31) Case management and care coordination;579 H. B. 1480 - 23 - 26 LC 65 0019 (32) Language interpretation and translation for healthcare se rvices, including sign580 language and Braille or other services needed for individuals to overcome communication581 barriers;582 (33) Healthcare and long-term care services and supports currently covered or previously583 covered under Medicaid or PeachCare;584 (34) Community care if determined to be appropriate under the standard specified in585 Olmstead v. L.C., 527 U.S. 581 (1999);586 (35) Reproductive healthcare; and 587 (36) Gender-affirming care.588 (c) Covered benefits for members must also include all healthcare services required to be589 covered under any of the following provisions, without regard t o whether the member590 would otherwise be eligible for or covered by the program or source referred to:591 (1) PeachCare;592 (2) Medicaid;593 (3) Medicare;594 (4) All healthcare services provided for under Title 31, relating to health;595 (5) All healthcare services provided for under this title;596 (6) All healthcare services provided for under Part 6 of Artic le 17 of Chapter 2 of597 Title 20 and under Part 1 of Article 1 of Chapter 18 of Title 45, relating to the state health598 benefit plan for state employees and public employees, dependents, and retirees;599 (7) Any additional healthcare services authorized to be added to the program's benefits600 by the program; and601 (8) All essential health benefits mandated by the federal Affo rdable Care Act as of602 January 1, 2026.603 H. B. 1480 - 24 - 26 LC 65 0019 49-4-213.604 (a)(1) Any healthcare provider who is licensed to practice in this state and is otherwise605 in good standing is qualified to participate in the program so long as the healthcare606 provider's services are performed within this state.607 (2) The board shall establish and maintain procedures and stan dards for recognizing608 healthcare providers located out of this state for purposes of providing coverage under609 the program for a member who requires out-of-state healthcare service while he or she610 is temporarily located out of this state.611 (b) Any healthcare provider qualified to participate under this Code section may provide612 covered healthcare services under the program so long as the healthcare provider is legally613 authorized to perform the healthcare service for the individual and under the circumstances614 involved.615 (c) A member may choose to receive healthcare services under t he program from any616 participating provider, consistent with this part and the willi ngness or availability of the617 provider, subject to provisions of this part relating to discri mination and the appropriate618 clinically relevant circumstances.619 (d)(1) A person who chooses to enroll with an integrated healt hcare delivery system,620 group medical practice, or essential community provider that of fers comprehensive621 services shall retain membership for at least one year after an initial three-month622 evaluation period, during which time the person may withdraw for any reason.623 (2) The three-month evaluation period must commence on the date when a member first624 sees a primary care provider.625 (3) A person who wishes to withdraw after the initial three-month evaluation period shall626 request a withdrawal pursuant to a procedure established by the board. The withdrawal627 must be resolved in a timely fashion and may not have an advers e effect on the care a628 patient receives.629 H. B. 1480 - 25 - 26 LC 65 0019 49-4-214.630 (a) Care coordination must be provided to any member by his or her care coordinator. A631 care coordinator may employ or use the services of other individuals or entities to assist in632 providing care coordination for the member, consistent with regulations of the board and633 with the statutory requirements and regulations of the care coordinator's licensure.634 (b) Care coordination includes administrative tracking and med ical record-keeping635 services for members.636 (c) Care coordination administrative tracking and medical reco rd-keeping services for637 members shall comply with all state and federal requirements for use and retention.638 (d) The care coordinator shall comply with all state and federal privacy laws.639 (e) Referrals from a care coordinator are not required for a m ember to see any eligible640 participating provider.641 (f) A care coordinator may be an individual or entity that is approved under the program642 and that is any of the following:643 (1) A healthcare practitioner that is any of the following:644 (A) The member's primary care provider; or645 (B) At the option of a member who has a chronic condition that requires specialty care,646 a specialist healthcare provider who regularly and continually provides treatment to the647 member for that condition;648 (2) A healthcare facility;649 (3) A healthcare organization;650 (4) A multiple employer self-insured health plan; or651 (5) Any nonprofit or governmental entity approved under the program.652 (g)(1) A healthcare provider may be reimbursed for a healthcar e service only if the653 member is enrolled with a care coordinator at the time the service is provided.654 (2) Every member shall enroll with a care coordinator before t he member receives655 healthcare services to be paid for under the program. If a mem ber receives healthcare656 H. B. 1480 - 26 - 26 LC 65 0019 services before choosing a care coordinator, the program shall assist the member, when657 appropriate, with choosing a care coordinator.658 (3) The member must remain enrolled with his or her care coordinator until the member659 enrolls with a different care coordinator or ceases to be a mem ber. A member has the660 right to change his or her care coordinators.661 (h) A healthcare organization may establish rules relating to care coordination for662 members in the healthcare organization which are different from this Code section but663 otherwise consistent with this article and other applicable laws.664 (i) This Code section does not authorize any individual to engage in any act in violation665 of the applicable chapter under which he or she is licensed to practice.666 (j) An individual or entity may not be a care coordinator unle ss the services included in667 care coordination are within the individual's professional scope of practice or the entity's668 authority.669 49-4-215.670 (a)(1) The board shall develop and implement standards for an individual or entity to be671 approved as a care coordinator in the program, including, but not limited to, procedures672 and standards relating to the revocation, suspension, or limitation of the care coordinator's673 approval on a determination that the individual or entity: is i ncompetent to be a care674 coordinator; has exhibited conduct that is inconsistent with program standards; exhibits675 an unwillingness to meet those standards; or is a potential threat to the public health or676 safety.677 (2) The procedures and standards the board adopts must be consistent with established678 professional practice, licensure standards, and regulations for healthcare providers.679 (b) To maintain a care coordinator approval under the program, a care coordinator must680 do all of the following:681 (1) Renew the approval every three years pursuant to procedures the board adopts; and682 H. B. 1480 - 27 - 26 LC 65 0019 (2) Provide to the program any data requested or required which would enable the board683 to evaluate the impact of care coordinators on quality, outcomes, and cost of healthcare.684 49-4-216.685 (a) The board shall adopt procedures and standards regarding c ontracting for and686 establishing payment methodologies for covered healthcare services and care coordination687 provided to members under the program by participating providers, care coordinators, and688 healthcare organizations. There may be a variety of different payment methodologies,689 including those established on a demonstration basis. All payment rates under the program690 must be reasonable and reasonably related to the cost of efficiently providing the healthcare691 services and ensuring an adequate and accessible supply of healthcare services.692 (b) Healthcare services provided to members under the program, except for care693 coordination, must be paid for on a fee-for-service basis unless and until another payment694 methodology is established by the board.695 (c) Notwithstanding subsection (b) of this Code section, integ rated healthcare delivery696 systems, essential community providers, and group medical pract ices that provide697 comprehensive, coordinated services may choose to be reimbursed on the basis of a698 capitated system operating budget or a noncapitated system operating budget that covers699 all costs of providing healthcare services.700 (d) The board and healthcare organizations shall engage in goo d faith negotiations with701 healthcare providers' representatives, including, but not limit ed to, in relation to rates of702 payment for healthcare services, rates of payment for prescript ion and nonprescription703 drugs, and payment methodologies, as provided in Code Section 4 9-4-221. For704 prescription and nonprescription drugs, the negotiations must b e conducted through a705 single entity on behalf of the entire program.706 (e)(1) Payments for healthcare services established under this Code section are707 considered payment in full.708 H. B. 1480 - 28 - 26 LC 65 0019 (2) A participating provider may not charge any rate in excess of the payment established709 under this part for any healthcare service provided to a member under the program and710 may not solicit or accept payment from any member or third part y for any healthcare711 service, except as provided under a federal program.712 (3) However, this Code section does not preclude the program from acting as a primary713 or secondary payer in conjunction with another third-party paye r when permitted by a714 federal program.715 (f) The board may adopt by rule payment methodologies for the payment of capital-related716 expenses for specifically identified capital expenditures incur red by a nonprofit or717 governmental entity that is a health facility. Any capital-rel ated expense generated by a718 capital expenditure that requires prior approval must have received that approval in order719 to be paid by the program.720 (g) Payment methodologies and payment rates must include a dis tinct component for721 reimbursement of direct and indirect graduate medical education expenses.722 (h) The board shall adopt payment methodologies and procedures for paying for healthcare723 services provided to a member while he or she is located out of this state.724 49-4-217.725 (a) A member may choose to enroll with and receive program car e coordination and726 ancillary healthcare services from a healthcare organization.727 (b) A healthcare organization must be a nonprofit or governmental entity that is approved728 by the board.729 (c)(1) The board shall by rule develop and implement procedures and standards for an730 entity to be approved as a healthcare organization in the progr am, including, but not731 limited to, procedures and standards relating to the revocation, suspension, or limitation732 of approval on a determination that the entity: is incompetent to be a healthcare733 organization; has exhibited a course of conduct that is inconsi stent with program734 H. B. 1480 - 29 - 26 LC 65 0019 standards and regulations; exhibits an unwillingness to meet th ose standards and735 regulations; or is a potential threat to the public health or safety.736 (2) The procedures and standards adopted by the board must be consistent with737 established professional practice, licensure standards, and reg ulations for healthcare738 providers.739 (d) To maintain approval under the program, a healthcare organization must:740 (1) Renew its approval at a frequency determined by the board; and741 (2) Provide data to the Department of Community Health, as required by the board, to742 enable the board to evaluate the healthcare organization in rel ation to the quality of743 healthcare services provided, healthcare outcomes, and cost.744 (e) The board may adopt procedures relating specifically to healthcare organizations for745 the sole and specific purpose of ensuring compliance with this Code section.746 (f) This Code section shall not be construed to alter in any way the professional practice747 of healthcare providers or their licensure standards.748 (g) Healthcare organizations may not use health information te chnology or clinical749 practice guidelines that limit the effective exercise of the pr ofessional judgment of750 physicians and registered nurses. Physicians and registered nu rses are free to override751 health information technology and clinical practice guidelines if, in their professional752 judgment, it is in the best interest of the patient and consistent with the patient's wishes.753 49-4-218.754 (a) The board shall establish requirements and standards for t he program and for755 healthcare organizations, care coordinators, and healthcare providers consistent with this756 article and consistent with the applicable professional practice and licensure standards of757 healthcare providers and healthcare professionals, including re quirements and standards758 for, as applicable:759 (1) The scope, quality, and accessibility of healthcare services;760 H. B. 1480 - 30 - 26 LC 65 0019 (2) Relations between healthcare organizations or healthcare p roviders and members;761 and762 (3) Relations between healthcare organizations and healthcare providers, including763 credentialing and participation in the healthcare organization, and terms, methods, and764 rates of payment.765 (b) The board shall establish requirements and standards under the program which include,766 but are not limited to, provisions to promote all of the following:767 (1) Simplification of, transparency in, uniformity in, and fairness in healthcare provider768 credentialing and participation in healthcare organization networks, referrals, payment769 procedures and rates, claims processing, and approval of health care services, as770 applicable;771 (2) In-person primary and preventive care, care coordination, efficient and effective772 healthcare services, quality assurance, and promotion of public , environmental, and773 occupational health;774 (3) Elimination of healthcare disparities;775 (4) Nondiscrimination with respect to members and healthcare providers on the basis of776 race, color, ancestry, national origin, religion, citizenship, immigration status, primary777 language, mental or physical disability, age, sex, gender, sexu al orientation, gender778 identity or expression, medical condition, genetic information, marital status, familial779 status, military or veteran status, or source of income; howeve r, healthcare services780 provided under the program must be appropriate to the patient's clinically relevant781 circumstances;782 (5) Accessibility of care coordination, healthcare organization services, and healthcare783 services, including accessibility for people with disabilities and people with limited784 ability to speak or understand English;785 (6) Provision of care coordination, healthcare organization se rvices, and healthcare786 services in a culturally competent manner; and787 H. B. 1480 - 31 - 26 LC 65 0019 (7) Provision of community care under the standard set out in Olmstead v. L.C., 527 U.S.788 581 (1999).789 (c) The board shall establish by rule requirements and standards, to the extent authorized790 by federal law, for replacing and merging with the Georgia Medi care for All Program791 healthcare services and ancillary services currently provided by other programs, including,792 but not limited to, Medicare, the Affordable Care Act, and federally matched public health793 programs.794 (d) Any participating provider or care coordinator that is organized as a for-profit entity795 shall be required to meet the same requirements and standards a s entities organized as796 nonprofits, and payments under the program paid to those entities may not be calculated797 to accommodate the generation of profit, revenue for dividends, or other return on798 investment or the payment of taxes that would not be paid by a nonprofit entity.799 (e) Every participating provider shall furnish information as required by the Department800 of Community Health and allow the examination of that informati on by the program as801 may be reasonably required for purposes of reviewing accessibil ity and utilization of802 healthcare services, quality assurance, cost containment, the m aking of payments, and803 statistical or other studies of the operation of the program or for protection and promotion804 of public, environmental, and occupational health.805 (f) In developing requirements and standards and making other policy determinations806 under this Code section, the board shall consult with public ad visory committees,807 representatives of members, healthcare providers, care coordina tors, healthcare808 organizations, labor organizations representing healthcare employees, and other interested809 parties.810 H. B. 1480 - 32 - 26 LC 65 0019 49-4-219.811 (a) The board shall seek all federal waivers and other federal approvals and arrangements812 and submit state plan amendments as necessary to operate the Ge orgia Medicare for All813 Program consistent with this Code section.814 (b)(1) No later than July 1, 2029, the board shall apply to the United States Secretary of815 Health and Human Services or other appropriate federal official for all waivers of816 requirements, and shall make other arrangements necessary, unde r Medicare, any817 federally matched public health program, the Affordable Care Act, and any other federal818 program that provides federal funds for payment of healthcare s ervices, to enable all819 Georgia Medicare for All members to receive all benefits under the program, to enable820 the state to implement the program, and to allow the state to r eceive and deposit all821 federal payments under those federal programs, including funds that may be provided in822 lieu of premium tax credits, cost sharing subsidies, and small business tax credits, in the823 state treasury to the credit of the Georgia Medicare for All Trust Fund and to use those824 funds for the program and other provisions under this article.825 (2) To the fullest extent possible, the board shall negotiate arrangements with the federal826 government to ensure that federal payments are paid to the Geor gia Medicare for All827 Program in place of federal funding of or tax benefits for federally matched public health828 programs or federal health programs.829 (3) The board may require members or applicants to provide information necessary for830 the program to comply with any waiver or arrangement under this Code section. 831 Information provided by members to the board for the purposes of this Code section may832 not be used for any other purpose.833 (4) The board may take any additional actions necessary to eff ectively implement the834 Georgia Medicare for All Program to the maximum extent possible as a single payer835 program consistent with this Code section.836 H. B. 1480 - 33 - 26 LC 65 0019 ( c ) T h e b o a r d m a y t a k e a c t i o n s c o n s i s t e n t w i t h t h i s a r t i c l e t o enable the program to837 administer Medicare in this state. The program must be a provi der of supplemental838 insurance coverage under Medicare Part B and must provide premium assistance for drug839 coverage under Medicare Part D for eligible members of the program.840 (d) The board may waive or modify the applicability of any provision of this Code section841 relating to any federally matched public health program or Medi care, as necessary, to842 implement any waiver or arrangement under this Code section or to maximize the federal843 benefits to the program under this Code section, if the board, in consultation with the844 executive director, determines that the waiver or modification is in the best interest of this845 state and members affected by the action.846 (e) The board may apply for coverage for, and enroll, any elig ible member under any847 federally matched public health program or Medicare. Enrollment in a federally matched848 public health program or Medicare may not cause any member to l ose any healthcare849 service provided by the program or diminish any right the member would otherwise have.850 (f)(1) Notwithstanding any other law, the board shall increase by rule the income851 eligibility level, increase or eliminate the resource test for eligibility, simplify any852 procedural or documentation requirement for enrollment, and inc rease the benefits for853 any federally matched public health program and for any program in order to reduce or854 eliminate an individual's coinsurance, cost-sharing, or premium obligations or increase855 an individual's eligibility for any federal financial support r elated to Medicare or the856 Affordable Care Act.857 (2) The board may act under this Code section upon a finding approved by the executive858 director and the board that the action:859 (A) Will help to increase the number of members who are eligible for and enrolled in860 federally matched public health programs; or, for any program, to reduce or eliminate861 an individual's coinsurance, cost-sharing, or premium obligatio ns or increase an862 H. B. 1480 - 34 - 26 LC 65 0019 individual's e ligibility for any fe deral financial support rela ted to Medicare or the863 Affordable Care Act;864 (B) Will not diminish any individual's access to any healthcare service or any right the865 individual would otherwise have;866 (C) Is in the interest of the program; and867 (D) Has received any necessary federal waivers or approvals to ensure federal financial868 participation, or does not require any such waiver or approval.869 (3) Actions under this subsection do not apply to eligibility for payment for long-term870 care.871 (g) To enable the board to apply for coverage for, and enroll, any eligible member under872 any federally matched public health program or Medicare, the board may require that every873 member or applicant provide the information necessary to enable the board to determine874 whether the applicant is eligible for a federally matched publi c health program or for875 Medicare, or any program or benefit under Medicare.876 (h) As a condition of continued eligibility for healthcare ser vices under the program, a877 member who is eligible for benefits under Medicare must enroll in Medicare, including878 Parts A, B, and D.879 (i) The program shall provide premium assistance for all members enrolling in a Medicare880 Part D drug coverage plan, limited to the low-income benchmark premium amount881 established by the federal Centers for Medicare and Medicaid Se rvices and any other882 amount the federal agency establishes under its de minimis prem ium policy, except that883 those payments made on behalf of members enrolled in a Medicare advantage plan may884 exceed the low-income benchmark premium amount if determined to be cost effective to885 the program.886 (j) If the board has reasonable grounds to believe that a memb er may be eligible for an887 income-related subsidy, the member must provide and authorize the program to obtain any888 information or documentation required to establish the member's eligibility for that889 H. B. 1480 - 35 - 26 LC 65 0019 subsidy; however, the board shall attempt to obtain as much of the information and890 documentation as possible from records that are available to it.891 (k) The program shall make a reasonable effort to notify membe rs of their obligations892 under this Code section. After a reasonable effort has been made to contact the member,893 the member must be notified in writing that he or she has 60 days to provide the required894 information. If the required information is not provided withi n the 60 day period, the895 member's coverage under the program may be terminated. Information members provide896 to the board for the purposes of this Code section may not be used for any other purpose.897 (l) The board shall assume responsibility for all benefits and services paid for by the898 federal government with federal funds.899 49-4-220.900 (a) The board shall develop a revenue plan, taking into consideration anticipated federal901 revenue available for the Georgia Medicare for All Program. In developing the revenue902 plan, the board shall consult with appropriate officials and stakeholders.903 (b) There is established the Georgia Medicare for All Trust Fu nd as a trust fund which904 shall be of a perpetual, nonlapsing nature for the sole purpose of making payments in905 accordance with this article. The state treasurer shall act as custodian of such fund and906 shall credit to such fund all amounts appropriated, dedicated, transferred, or contributed to907 such fund. The state treasurer shall invest trust fund money in the same manner in which908 state funds are invested as authorized by the State Depository Board pursuant to Article 3909 of Chapter 17 of Title 50. The state treasurer shall be authorized and is required to disburse910 money from such fund only upon written direction of the board.911 (c) The fund shall consist of all such payments, any and all g rants received, and any912 donations or additional contributions. All money contributed, deposited, or transferred into913 the fund and any interest earned on such money shall be appropriated for the sole purpose914 of executing the Georgia Medicare for All Program as provided in this article.915 H. B. 1480 - 36 - 26 LC 65 0019 49-4-221.916 (a) Healthcare providers may enter into collective bargaining to reach an agreement as to917 terms and conditions for providing healthcare services in the G eorgia Medicare for All918 Program.919 (b) Healthcare providers may communicate with healthcare providers' representatives and920 with other healthcare providers regarding the terms and conditi ons to be negotiated for921 providing healthcare services in the program. A healthcare provider may be bound by the922 terms and conditions negotiated by the representatives of such provider.923 (c) A healthcare provider's representative is the only party authorized to negotiate with the924 board or its representative on behalf of the healthcare provide rs as a group. In925 communicating or negotiating with the representative of such provider, the board is entitled926 to offer and provide different terms and conditions to individu al competing healthcare927 providers.928 (d) Before engaging in collective negotiations with the board on behalf of healthcare929 providers, a healthcare providers' representative must file wit h the board, in the manner930 prescribed by the board, information identifying the representative, the representative's plan931 of operation, and the representative's procedures to ensure com pliance with this Code932 section.933 (e) Each person who acts as the representative of negotiating parties under this Code934 section shall pay a fee to the board to act as a representative. The board shall set by rule935 fees in amounts deemed reasonable and necessary to cover the co sts the board incurs in936 administering this Code section.937 (f) This Code section does not authorize competing healthcare providers to act in concert938 in response to a healthcare providers' representative's discussions or negotiations with the939 board, except as authorized by other law.940 (g) A healthcare providers' representative may not negotiate any agreement that excludes,941 limits the participation or reimbursement of, or otherwise limits the scope of services to be942 H. B. 1480 - 37 - 26 LC 65 0019 provided by any healthcare provider or group of healthcare providers with respect to the943 performance of services that are within the healthcare provider's scope of practice, license,944 registration, or certificate.945 (h) This Code section does not affect or limit the right of a healthcare provider or group946 of healthcare providers to collectively petition a governmental entity for a change in a law,947 rule, or regulation.948 (i) This Code section does not affect or limit collective action or collective bargaining on949 the part of a healthcare provider with his or her employer or a ny other lawful collective950 action or collective bargaining."951 PART III952 Reproductive Freedom Act953 SECTION 3-1.954 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by955 repealing Chapter 9A, the "Woman's Right to Know Act," in its entirety and enacting a new956 Chapter 9A to read as follows:957 "CHAPTER 9A958 31-9A-1.959 This chapter shall be known and may be cited as the 'Reproductive Freedom Act.'960 31-9A-2.961 As used in this chapter, the term:962 (1) 'Abortion' means the use of any instrument, medicine, drug, or any other substance963 or device to terminate the pregnancy of an individual known to be pregnant with an964 H. B. 1480 - 38 - 26 LC 65 0019 intention other than to increase the probability of a live birth, to preserve the life or health965 of the child after live birth, or to remove a dead fetus.966 (2) 'Advanced practice registered nurse' shall have the same meaning as set forth in Code967 Section 43-26-3.968 (3) 'Covered entity' means any licensed provider of reproducti ve healthcare services,969 including but not limited to hospitals, outpatient departments, clinics, reproductive health970 practices, or offices of healthcare professionals.971 (4) 'Healthcare professional' means a person who is licensed a s a physician, advanced972 practice registered nurse, or physician assistant.973 (5) 'Physician' shall have the same meaning as set forth in Code Section 43-34-1.974 (6) 'Physician assistant' shall have the same meaning as set f orth in Code Section975 43-34-23.976 (7) 'Pregnancy' means the human reproductive process beginning with the implantation977 of an embryo.978 (8) 'State' includes any branch, department, agency, instrumentality, and official or other979 person acting under the color of law of this state or a political subdivision of this state,980 including any local government, local board of education, or other instrumentality.981 31-9A-3.982 (a) Every individual who becomes pregnant has the fundamental right to choose to carry983 the pregnancy to term or have an abortion.984 (b) Every individual has the fundamental right to choose or re fuse contraception or985 sterilization.986 (c) The state shall not, in the regulation or provision of ben efits, facilities, services, or987 information, deny or interfere with an individual's fundamental rights:988 (1) To choose to carry a pregnancy to term, to give birth to a child, or to obtain an989 abortion, including individuals in the physical or legal custody of the state; and990 H. B. 1480 - 39 - 26 LC 65 0019 (2) To choose or refuse contraception or sterilization.991 (d) A fertilized egg, embryo, or fetus does not have independent rights under the laws of992 this state.993 31-9A-4.994 (a) A healthcare professional acting within the professional's lawful scope of practice and995 in compliance with all generally applicable regulations shall b e authorized to provide996 abortions in this state.997 (b) This chapter shall not be construed to prevent the Department of Community Health998 under this title or a healthcare professional licensing board from regulating the practice of999 abortion or abortion facilities with generally applicable regulations and standards that are1000 in accordance with evidence based medically accepted standards, provided that such1001 regulation is not a pretext for violating this chapter.1002 31-9A-5.1003 (a) An individual's right to personal reproductive autonomy is central to his or her privacy,1004 liberty, and dignity to determine his or her own life course an d shall not be denied or1005 infringed upon by state or local prosecution or in any other manner.1006 (b) No state or local law enforcement agency shall arrest any individual for obtaining an1007 abortion, performing or aiding in the performance of an abortio n in this state, or in1008 procuring an abortion in this state if the abortion is performe d in accordance with the1009 provisions of this chapter.1010 (c) Notwithstanding any other law, an individual shall not be subject to investigation, civil1011 or criminal penalty, or otherwise deprived of their rights under this article based on their1012 actions or omissions with respect to a pregnancy or an actual, potential, or alleged1013 pregnancy outcome, including miscarriage, stillbirth, ectopic p regnancy, abortion, or1014 perinatal death due to causes that occurred in utero.1015 H. B. 1480 - 40 - 26 LC 65 0019 (d) Any individual who aids or assists a pregnant individual in exercising her rights under1016 this article shall not be subject to civil or criminal liabilit y or penalty, or otherwise be1017 deprived of his or her rights, based solely on his or her actions to aid or assist a pregnant1018 individual in exercising her rights under this article, so long as they acted with the pregnant1019 individual's voluntary consent.1020 (e) The state shall not discriminate in the protection or enfo rcement of the fundamental1021 rights set forth in this chapter on the basis of sex, which includes but is not limited to sex1022 stereotypes, gender identity or expression, or perceived gender identity or expression;1023 sexual orientation; pregnancy; disability; race; ethnicity; age; national origin; immigration1024 status; or religion.1025 (f) Any party aggrieved by conduct or regulation in violation of this chapter may bring a1026 civil lawsuit in federal or state court for injunctive relief against the offending state or local1027 official. The court may award costs and reasonable attorney's fees to an aggrieved party1028 who substantially prevails in an action brought under this subsection.1029 31-9A-6.1030 (a) Subject to the provisions of the federal Health Insurance Portability and Accountability1031 Act of 1996, P.L. 104-191, and any regulations promulgated thereunder, in any civil action1032 or administrative hearing, a covered entity shall not disclose without written consent from1033 the individual or the individual's guardian or authorized legal representative, the following:1034 (1) Any communication made to the covered entity or any information obtained by the1035 covered entity from an individual or the individual's guardian or authorized legal1036 representative, relating to reproductive healthcare services permitted under the laws of1037 this state; or1038 (2) Any information obtained by personal examination of an individual by the covered1039 entity relating to reproductive healthcare services.1040 H. B. 1480 - 41 - 26 LC 65 0019 (b) A covered entity shall inform the individual or the individual's guardian or authorized1041 legal representative of the individual's right to refuse to con sent to the disclosure of the1042 individual's communications and information at or before the time reproductive healthcare1043 services are rendered, or at such time as the individual discloses any information relating1044 to reproductive healthcare services previously rendered.1045 31-9A-7.1046 (a) This chapter applies to all state and local laws, ordinances, regulations, rules, policies,1047 procedures, practices, and governmental actions and their imple mentation, whether1048 statutory or otherwise and whether adopted before or after the effective date of this Act.1049 (b) Local government may enact ordinances, standards, rules, or regulations that protect1050 an individual's ability to freely exercise the fundamental rights set forth in this chapter in1051 a manner or to an extent equal to or greater than the protectio n provided in this chapter. 1052 Local government may not regulate an individual's ability to fr eely exercise the1053 fundamental rights set forth in this chapter in a manner more restrictive than that set forth1054 in this chapter.1055 31-9A-8.1056 In accordance with Code Section 1-1-3, if any provision of this chapter or its application1057 to any person or circumstance is held invalid, the invalidity does not affect other provisions1058 or applications of this chapter which can be given effect without the invalid provision or1059 application, and to this end the provisions of this chapter are severable."1060 SECTION 3-2.1061 Said title is further amended by repealing Chapter 9B, relating to physician's obligation in1062 performance of abortions.1063 H. B. 1480 - 42 - 26 LC 65 0019 PART IV1064 Conforming changes for the Georgia Medicare for All Act1065 SECTION 4-1.1066 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by1067 repealing Code Section 31-7-3.5, relating to treatment of minors for gender dysphoria and1068 penalty for violations.1069 SECTION 4-2.1070 Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended1071 by revising subsection (e) of Code Section 42-5-2, relating to care and services required for1072 inmates, responsibility of costs, and prohibited procedures and treatments, as follows:1073 "(e)(1) Except as otherwise provided for in paragraph (2) of th is subsection, no state1074 funds or resources shall be used for the following treatments for state inmates:1075 (A) Sex reassignment surgeries or any other surgical procedures that are performed for1076 the purpose of altering primary or secondary sexual characteristics;1077 (B) Hormone replacement therapies; and1078 (C) Cosmetic procedures or prosthetics intended to alter the appearance of primary or1079 secondary sexual characteristics.1080 (2) The board shall adopt rules and regulations regarding the procedures and therapies1081 prohibited by this subsection, which shall provide for the following limited instances in1082 which the treatments set forth in paragraph (1) of this subsection shall be authorized:1083 (A) Treatments for medical conditions where such treatments ar e considered 1084 medically necessary, provided that such condition is not gender dysphoria or the1085 purpose of such treatment is not for sex reassignment;1086 H. B. 1480 - 43 - 26 LC 65 0019 (B) Treatments for individuals born with a medically verifiabl e disorder of sex1087 development, including individuals born with ambiguous genitali a or chromosomal1088 abnormalities resulting in ambiguity regarding the individual's biological sex;1089 (C) Treatments for individuals with partial androgen insensitivity syndrome; and1090 (D) Hormone replacement therapy treatment for state inmates who were being treated1091 with such therapy prior to May 8, 2025, provided that the provision of such therapy is1092 solely for the purpose of transitioning off such therapy."1093 SECTION 4-3.1094 An Act enacting Code Sections 31-7-3.5 and 43-34-15 of the Offi cial Code of Georgia1095 Annotated, relating to regulation of hospitals and related inst itutions and prohi bition on1096 certain therapies and procedures for treatment of gender dyspho ria in minors, regulations,1097 exceptions, and accountability, respectively, so as to prohibit certain surgical procedures for1098 the treatment of gender dysphoria in minors from being performe d in hospitals and other1099 licensed healthcare facilities; so as to prohibit certain surgical procedures for the treatment1100 of gender dysphoria in minors, approved March 23, 2023 (Ga. L. 2023, p. 6), is amended by1101 repealing the Act in its entirety.1102 SECTION 4-4.1103 Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended by1104 repealing Code Section 43-34-15, relating to prohibition on certain therapies and procedures1105 for treatment of gender dysphoria in minors, regulations, exceptions, and accountability.1106 SECTION 4-5.1107 Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended1108 by repealing and reserving C ode Section 49-4- 142.2, relating to expansion of Medicaid1109 eligibility through an increase in the income threshold.1110 H. B. 1480 - 44 - 26 LC 65 0019 SECTION 4-6.1111 An Act enacting Code Section 49-4-142.2 of the Official Code of Georgia Annotated,1112 relating to medical assistance generally, so a s to prohibit the expansion of Medicaid1113 eligibility through an increase in the income threshold without prior legislative approval; to1114 provide for legislative findings; to provide for related matters; to repeal conflicting laws; and1115 for other purposes, approved on April 15, 2014 (Ga. L. 2014, p. 293), is amended by1116 repealing the Act in its entirety.1117 PART V1118 Conforming Changes for the Reproductive Freedom Act1119 SECTION 5-1.1120 An Act amending Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating1121 to persons and their rights, so as to provide that natural persons include an unborn child; to1122 provide that such unborn children shall be included in certain population based1123 determinations; to provide definitions; to amend Article 5 of C hapter 12 of Title 16 of the1124 Official Code of Georgia Annotated, relating to abortion, so as to provide definitions; to1125 revise the time when an abortion may be performed; to provide for exceptions; to provide for1126 the requirements for performing an abortion; to provide for a right of action and damages;1127 to provide for affirmative defenses; to amend Chapter 6 of Title 19 of the Official Code of1128 Georgia Annotated, relating to alimony and child support, so as to provide a definition; to1129 provide a maximum support obligation for certain circumstances ; to amend Chapter 7 of1130 Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship1131 generally, so as to provide that the right to recover for the full value of a child begins at the1132 point when a detectable human heartbeat exists; to amend Chapte r 9A of Title 31 of the1133 Official Code of Georgia Annotated, relating to the "Woman's Right to Know Act," so as to1134 provide for advising women seeking an abortion of the presence of a detectable human1135 H. B. 1480 - 45 - 26 LC 65 0019 heartbeat; to provide for the content of certain notices; to repeal certain penalties; to amend1136 Chapter 9B of Title 31 of the Official Code of Georgia Annotate d, relating to physician's1137 obligation in performance of abortions, so as to require physicians performing abortions to1138 determine the existence of a detectable human heartbeat before performing an abortion; to1139 provide for the reporting of certain information by physicians; to amend Chapter 7 of Title1140 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that1141 an unborn child with a detectable human heartbeat is a dependen t minor for income tax1142 purposes; to provide for legislative findings; to provide for r elated matters; to provide for1143 standing to intervene and defend constitutional challenges to this Act; to provide a short title;1144 to provide for severability; to provide an effective date; to repeal conflicting laws; and for1145 other purposes, approved on May 7, 2019 (Ga. L. 2019, p. 711), is amended by repealing1146 Section 2 of the Act.1147 SECTION 5-2.1148 Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended1149 by revising Code Section 1-2-1, relating to classes of persons generally, "natural person"1150 defined, corporations deemed artificial persons, and nature of corporations generally, as1151 follows:1152 "1-2-1.1153 (a) There are two classes of persons: natural and artificial.1154 (b) 'Natural person' means any human being including an unborn child.1155 (c)(b) Corporations are artificial persons. They are creatures of the law and, except insofar1156 as the law forbids it, they are subject to be changed, modified, or destroyed at the will of1157 their creator.1158 (d) Unless otherwise provided by law, any natural person, including an unborn child with1159 a detectable human heartbeat, shall be included in population based determinations.1160 (e) As used in this Code section, the term:1161 H. B. 1480 - 46 - 26 LC 65 0019 (1) 'Detectable human heartbeat' means embryonic or fetal cardiac activity or the steady1162 and repetitive rhythmic contraction of the heart within the gestational sac.1163 (2) 'Unborn child' means a member of the species Homo sapiens at any stage of1164 development who is carried in the womb."1165 SECTION 5-3.1166 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising1167 subsection (b) of Code Section 15-11-64, relating to collection of information by juvenile1168 court clerks, reporting requirement, and data collection, as follows:1169 "(b) Each clerk of the juvenile court shall report to the Administrative Office of the Courts1170 the total number of petitions or motions filed under subsection ( b ) ( c ) of Code1171 Section 15-11-682 for the previous calendar year and, of that number, the number in which1172 the court appointed a guardian ad litem, the number in which the court appointed counsel,1173 the number in which the judge issued an order authorizing an abortion without notification,1174 the number in which the judge denied such an order, and, of the last, the number of denials1175 from which an appeal was filed, the number of appeals that resu lted in denials being1176 affirmed, and the number of appeals that resulted in reversals of such denials. Each clerk1177 shall make such report by March 15 of each year for the previou s calendar year. The1178 individual reports made to the Administrative Office of the Cou rts shall be held1179 confidential and not subject to disclosure under Article 4 of Chapter 18 of Title 50, relating1180 to open records. The Administrative Office of the Courts shall provide aggregated1181 statistics only in accordance with subsection (g) of Code Secti on 16-12-141.1. Such1182 individual reports shall be destroyed six months after submissi on to the Administrative1183 Office of the Courts."1184 H. B. 1480 - 47 - 26 LC 65 0019 SECTION 5-4.1185 Said title is further amended by revising paragraph (1) of Code Section 15-11-681, relating1186 to definitions for the "Parental Notification Act," as follows:1187 "(1) 'Abortion' shall have the same meaning as set forth in Code Section 31-9A-2 means1188 the use or prescription of any instrument, medicine, drug, or a ny other substance or1189 device with the intent to terminate the pregnancy of a female known to be pregnant. The1190 term 'abortion' shall not include the use or prescription of any instrument, medicine, drug,1191 or any other substance or device employed solely to increase th e probability of a live1192 birth, to preserve the life or health of the child after live birth, or to remove a dead unborn1193 child who died as a result of a spontaneous abortion. The term 'abortion' also shall not1194 include the prescription or use of contraceptives."1195 SECTION 5-5.1196 Said title is further amended by revising Code Section 15-11-68 2, relating to parental1197 notification of abortion, hearing, and venue, as follows:1198 "15-11-682.1199 (a) No physician healthcare professional as defined in Code Section 31-9A-2 or other1200 person shall perform an abortion upon an unemancipated minor unless:1201 (1)(A) The unemancipated minor seeking an abortion is accompanied by his or her a1202 parent or guardian who shall show proper identification and state that he or she is the1203 lawful parent or guardian of such minor of the unemancipated minor and that he or she1204 has been notified that an abortion is to be performed on the unemancipated minor;1205 (B) The physician or the physician's healthcare professional or the healthcare1206 professional's qualified agent gives at least 24 hours' actual notice, in per son or by1207 telephone, to the parent or guardian of the unemancipated minor of the pending1208 abortion and the name and address of the place where the abortion is to be performed;1209 provided, however, that, if the person so notified indicates th at he or she has been1210 H. B. 1480 - 48 - 26 LC 65 0019 previously informed that the unemancipated minor was seeking an abortion or if the1211 person so notified has not been previously informed and he or she clearly expresses that1212 he or she does not wish to consult with the unemancipated minor, then in either event1213 the abortion may proceed in accordance with Chapter 9A of Title 31; or1214 (C) The physician or the physician's healthcare professional or the healthcare1215 professional's qualified agent gives written notice of the pending abortion a nd the1216 address of the place where the abortion is to be performed, sen t by registered or1217 certified mail or statutory overnight delivery, return receipt requested with delivery1218 confirmation, addressed to a parent or guardian of the unemancipated minor at the usual1219 place of abode of the parent or guardian. Unless proof of delivery is otherwise sooner1220 established, such notice shall be deemed delivered 48 hours after mailing. The time of1221 mailing shall be recorded by the physician healthcare professional or agent in the1222 unemancipated minor's file. The abortion may be performed 24 hours after the delivery1223 of the notice; provided, however, that, if the person so notified certifies in writing that1224 he or she has been previously informed that the unemancipated minor was seeking an1225 abortion or if the person so notified has not been previously i nformed and he or she1226 certifies in writing that he or she does not wish to consult wi th the unemancipated1227 minor, then in either event the abortion may proceed in accordance with Chapter 9A of1228 Title 31; and1229 (2) The unemancipated minor signs a consent form stating that she consents, freely and1230 without coercion, to the abortion.1231 (b) Subsection (a) of this Code section shall not apply to an unemancipated minor seeking1232 an abortion if:1233 (1) In the professional judgment of the healthcare professional:1234 (A) Notice to the parent or guardian of such unemancipated minor may lead to physical1235 or emotional harm of such unemancipated minor; and1236 H. B. 1480 - 49 - 26 LC 65 0019 (B) The unemancipated minor is capable of giving informed consent to the abortion;1237 and1238 (2) The unemancipated minor signs a consent form stating that waiver of notice is1239 necessary under the provisions of this paragraph and that the u nemanicpated minor1240 consents, freely and without coercion, to the abortion; or1241 (3) The healthcare professional or the healthcare professional 's qualified agent makes1242 reasonable effort to give both actual and written notice to a p arent or guardian of the1243 unemancipated minor and is unsuccessful.1244 A healthcare professional or the healthcare professional's qualified agent shall not be liable1245 for civil damages or subject to a criminal penalty for his or h er decision under this1246 subsection not to give notice to a parent or guardian of an unemancipated minor.1247 (b)(c) If the unemancipated minor or the physician or the physician' s healthcare1248 professional or the healthcare professional's qualified agent, as the case may be, elects not1249 to comply with any one of the requirements of subparagraph (a)( 1)(A), (a)(1)(B), or1250 (a)(1)(C) of this Code section and no provision of subsection ( b) of this Code section1251 applies to the unemancipated minor, or if the parent or legal guardian of the unemancipated1252 minor cannot be located, the unemancipated minor may petition, on his or her own behalf1253 or by next friend, any juvenile court in the state for a waiver of such requirement pursuant1254 to the procedures provided for in Code Section 15-11-684. The juvenile court shall assist1255 the unemancipated minor or next friend in preparing the petitio n and notices required1256 pursuant to this Code section. Venue shall be lawful in any county.1257 (c)(d) No abortion shall be performed unless the requirements of subparagraph (a)(1)(A),1258 (a)(1)(B), or (a)(1)(C) of this Code section have been met, unl ess a provision under1259 subsection (b) of this Code section applies or the unemancipated minor has obtained a court1260 order waiving such requirements.1261 H. B. 1480 - 50 - 26 LC 65 0019 (e) A healthcare professional or a healthcare professional's q ualified agent shall not1262 provide notice to a parent or guardian if the unemancipated minor decides not to have an1263 abortion."1264 SECTION 5-6.1265 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is1266 amended by repealing Article 5, relating to abortion, and designating said article as reserved.1267 SECTION 5-7.1268 Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is1269 amended by repealing subsection (a.1) of Code Section 19-6-15, relating to child support1270 guidelines for determining amount of award, continuation of duty of support, and duration1271 of support.1272 SECTION 5-8.1273 Said title is further amended by revising paragraph (1) of subs ection (c) of Code Section1274 19-7-1, relating to in whom parental power lies, how such power lost, and recovery for1275 homicide of child or unborn child, as follows:1276 "(c)(1) In every case of the homicide of a child, minor or sui juris, there shall be some1277 party entitled to recover the full value of the life of the chi ld, either as provided in this1278 Code section or as provided in Chapter 4 of Title 51. For the homicide of an unborn1279 child, the right to recover for the full value of the life of such child shall begin at the point1280 at which a detectable human heartbeat, as such term is defined in Code Section 1-2-1, is1281 present."1282 H. B. 1480 - 51 - 26 LC 65 0019 SECTION 5-9.1283 Said title is further amended by revising paragraph (2) of subs ection (b) of Code Section1284 19-7-5, relating to reporting of child abuse, when mandated or authorized, content of report,1285 to whom made, immunity from liability, report based on privileged communication, penalty1286 for failure to report, and spiritual treatment for illnesses, as follows:1287 "(2) 'Abortion' shall have the same meaning as set forth in Cod e Section 15-11-6811288 31-9A-2."1289 SECTION 5-10.1290 Said title is further amended by revising paragraph (1) of subs ection (a) of Code Section1291 19-9-124, relating to parental limitation on delegation of powe r of attorney, rights, duties,1292 and responsibilities of agents, acknowledgment of acceptance of responsibilities, approval1293 of agents, and organizational and entity record keeping, as follows:1294 "(a)(1) A parent of a child may delegate to an agent in a power of attorney any power and1295 authority regarding the care and custody of such child, except the power to consent to the1296 marriage or adoption of such child, the performance or inducement of an abortion on or1297 for such child, or the termination of parental rights to such child. Such pow er and1298 authority may be delegated without the approval of a court, provided that such delegation1299 of power and authority shall not operate to change or modify any parental or legal rights,1300 obligations, or authority established by an existing court orde r, including a standing1301 order, or deprive a parent of a child of any parental or legal rights, obligations, or1302 authority regarding the custody, parenting time, visitation, or support of such child. Such1303 delegation of power and authority shall not deprive or limit any support for a child that1304 should be received by such child pursuant to a court order or for any other reason. When1305 support is being collected for the child by the Child Support Enforcement Agency of the1306 department, such agency shall be authorized to redirect support payments to the agent for1307 H. B. 1480 - 52 - 26 LC 65 0019 the duration of the power of attorney or until the power of att orney is revoked or1308 superseded by a court order."1309 SECTION 5-11.1310 Said title is further amended by revising items (5)(A) and (5)(B) in subsection (c) of Code1311 Section 19-9-134, relating to power of attorney form for care of a child, as follows:1312 "5. Sign by the statement you wish to choose (you may only choose one):1313 (A) ___________________________ (Signature) I delegate to the agent all my power1314 and authority regarding the care and custody of the child named above, including but1315 not limited to the right to inspect and obtain copies of educat ional records and other1316 records concerning the child, attend school activities and other functions concerning the1317 child, and give or withhold any consent or waiver with respect to school activities,1318 medical and dental treatment, and any other activity, function, or treatment that may1319 concern the child. This delegation shall not include the power or authority to consent1320 to the marriage or adoption of the child, the performance or inducement of an abortion1321 on or for the child, or the termination of parental rights to the child.1322 OR1323 (B) ___________________________ (Signature) I delegate to the agent the following1324 specific powers and responsibilities (write in): _______________________________1325 ____________________________________________________________________1326 This delegation shall not include the power or authority to con sent to the marriage or1327 adoption of the child, the performance or inducement of an abortion on or for the child,1328 or the termination of parental rights to the child."1329 H. B. 1480 - 53 - 26 LC 65 0019 SECTION 5-12.1330 Chapter 1 of Title 20 of the Official Code of Georgia Annotated , relating to general1331 provisions of education, is amended by repealing subsection (e) of Code Section 20-1-16,1332 relating to kinship caregiver authorized to provide legal consent.1333 SECTION 5-13.1334 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by1335 inserting "and" at the end of paragraph (5), by replacing "; and" at the end of paragraph (6)1336 with a period, and by repealing paragraph (7) of Code Section 31-2-1, relating to legislative1337 intent and grant of authority.1338 SECTION 5-14.1339 Said title is further amended by revising subparagraph (B) of p aragraph (4) of Code1340 Section 31-7-1, relating to definitions regarding the regulatio n of hospitals and related1341 institutions, as follows:1342 "(B) Any health facility wherein abortion procedures under subsections (b) and (c) of1343 Code Section 16-12-141 Chapter 9A of this title are performed or are to be performed;"1344 SECTION 5-15.1345 Said title is further amended by revising subsection (b) of Code Section 31-32-14, relating1346 to effect of chapter on advance directives for health care on other legal rights and duties, as1347 follows:1348 "(b) Nothing in this chapter shall be construed to condone, aut horize, or approve mercy1349 killing or to permit any affirmative or deliberate act or omission to end life other than to1350 permit the process of dying as provided in this chapter. Furth ermore, nothing in this1351 chapter shall be construed to condone, authorize, or approve abortion."1352 H. B. 1480 - 54 - 26 LC 65 0019 SECTION 5-16.1353 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by1354 revising subsection (c) of Code Section 33-24-59.6, relating to prescribed female1355 contraceptive drugs or devices and insurance coverage, as follows:1356 "(c) Every health benefit policy that is delivered, issued, executed, or renewed in this state1357 or approved for issuance or renewal in this state by the Commis sioner which provides1358 coverage for prescription drugs on an outpatient basis shall pr ovide coverage for any1359 prescribed drug or device approved by the United States Food and Drug Administration for1360 use as a contraceptive. This Code section shall not apply to l imited benefit policies1361 described in paragraph (4) of subsection (e) of Code Section 33-30-12. Likewise, nothing1362 contained in this Code section shall be construed to require an y insurance company to1363 provide coverage for abortion."1364 SECTION 5-17.1365 Said title is further amended by repealing Code Section 33-24-59.17, relating to coverage of1366 certain abortions through certain qualified health plans prohib ited and definitions, and1367 designating said Code section as reserved.1368 SECTION 5-18.1369 Said title is further amended by revising subparagraph (C) of paragraph (1) of Code Section1370 33-60-3, relating to definitions for small business insurance plans, as follows:1371 "(C) Coverage of testing for chlamydia in Code Section 31-17-4. 1; coverage for1372 complications of pregnancy in Code Section 33-24-24; coverage for general anesthesia1373 and related hospital and outpatient facility charges for dental care for persons who are1374 developmentally disabled, seven or younger, neurologically impa ired, or suffering1375 severe face or head trauma in Code Section 33-24-28.4; surveillance tests for ovarian1376 cancer in Code Section 33-24-56.2; colorectal cancer screening and testing in Code1377 H. B. 1480 - 55 - 26 LC 65 0019 Section 33-24-56.3; coverage for hospital stays after delivery in Code Section1378 33-24-58.2; direct access to obstetricians and gynecologists in Code Section 33-24-59;1379 treatment of dependent children with cancer in Code Section 33-24-59.1; coverage for1380 equipment and self-management training for individuals with diabetes in Code Section1381 33-24-59.2; coverage for prescribed female contraceptive drugs or devices in Code1382 Section 33-24-59.6, provided that nothing contained in this par agraph shall be1383 construed to require any insurance company to provide coverage for abortion; coverage1384 for prescription inhalers in Code Section 33-24-59.8; coverage for autism in Code1385 Section 33-24-59.10; coverage for mastectomy and lymph node dis section in Code1386 Section 33-24-72; coverage for mammograms, Pap smears, and screening for prostate1387 cancer in Code Sections 33-29-3.2 and 33-30-4.2; provisions con cerning mail-order1388 pharmaceuticals in Code Section 33-30-4.3; and coverage for child wellness exams in1389 Code Sections 33-29-3.4 and 33-30-4.5."1390 SECTION 5-19.1391 Title 43 of the Official Code of Georgia Annotated, relating to physicians, assistants, and1392 others, is amended by repealing paragraph (8) of subsection (a) of Code Section 43-34-8,1393 relating to authority to refuse license, certificate, or permit or issue discipline, suspension,1394 restoration, investigations, hearings on fitness, immunity, and publication of final1395 disciplinary actions, and designating said paragraph as reserved.1396 SECTION 5-20.1397 Said title is further amended by repealing subsection (l) of Code Section 43-34-25, relating1398 to delegation of certain medical acts to advanced practice registered nurse, construction and1399 limitations of such delegation, conditions of nurse protocol, and issuance of prescription drug1400 orders, and designating said subsection as reserved.1401 H. B. 1480 - 56 - 26 LC 65 0019 SECTION 5-21.1402 Said title is further amended by repealing Code Section 43-34-110, relating to abortions not1403 to be performed by physician assistants.1404 SECTION 5-22.1405 Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,1406 is amended by revising Code Section 45-18-4, relating to expenses not to be covered by plan,1407 as follows:1408 "45-18-4.1409 The health insurance plan shall not include expenses incurred b y or on account of an1410 individual prior to the effective date of the plan; expenses for services received for injury1411 or sickness due to war or any act of war, whether declared or undeclared, which war or act1412 of war shall have occurred after the effective date of this pla n; expenses for which the1413 individual is not required to make payment; expenses to the ext ent of benefits provided1414 under any employer group plan other than this plan in which the state participates in the1415 cost thereof; expenses for abortion services except to the extent permitted under the state1416 health benefit plan approved by the board as such plan existed on January 1, 2014; and1417 such other expenses as may be excluded by regulations of the board. For purposes of this1418 Code section, the term 'abortion' shall have the same meaning as provided in Code Section1419 31-9A-2."1420 SECTION 5-23.1421 Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is1422 amended by revising subsection (a) of Code Section 48-7-26, rel ating to personal1423 exemptions, as follows:1424 "(a) As used in this Code section, the term 'dependent' shall have the same meaning as in1425 the Internal Revenue Code of 1986; provided, however, that any unborn child with a1426 H. B. 1480 - 57 - 26 LC 65 0019 detectable human heartbeat, as such terms are defined in Code Section 1-2-1, shall qualify1427 as a dependent minor."1428 SECTION 5-24.1429 Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended1430 by adding a new Code section to read as follows:1431 "49-4-156.2.1432 The Department of Community Health shall provide payment for all abortion and abortion1433 related services for all recipients of medical assistance as de fined in Code1434 Section 49-4-141."1435 PART VI1436 Effective date and repealer1437 SECTION 6-1.1438 (a) Part II of this Act shall become effective only upon the e ffective date of a specific1439 appropriation of funds for the purposes of this article, as exp ressed in a line item making1440 specific reference to this Act in a General Appropriations Act enacted by the General1441 Assembly.1442 (b) Parts I, III, IV, V, and VI of this Act shall become effec tive upon its approval by the1443 Governor or upon its becoming law without such approval.1444 SECTION 6-2.1445 All laws and parts of laws in conflict with this Act are repealed.1446 H. B. 1480 - 58 -