Text of GA HB 1480 (2026)

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 public 1 assistance, so as to establish the Georgia Medicare for All Program to provide comprehensive 2 universal single payer healthcare coverage and a healthcare cost control system for the 3 benefit of all Georgia residents; to provide for definitions; to establish the Georgia Medicare 4 for All Board and its composition, duties, and responsibilities; to provide for an executive 5 board and an executive director; to establish four public advisory committees and the 6 composition, terms, duties, and responsibilities of such committees; to authorize the board 7 to organize, administer, market, and fund the program; to restrict what policies an insurer can 8 offer during the transition and implementation periods of such program; to provide for the 9 board to make additional proposals for recommended program services; to provide for the 10 collection, transmission, retention, analysis, and disclosure of data to promote transparency 11 and ensure the quality of healthcare services provided to members through the program; to 12 prohibit law enforcement from using program money or property to investigate criminal, 13 civil, or administrative violations; to provide for member enrollment and allow certain 14 nonresidents to enroll in the program; to provide for covered healthcare benefits and ancillary 15 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 the 17 approval of care coordinators and the approval of healthcare organizations; to authorize the 18 H. B. 1480 - 1 - 26 LC 65 0019 board to establish payment methodologies for care coordination, healthcare services, and 19 ancillary healthcare services; to authorize the board to establish minimum uniform healthcare 20 standards; to authorize the board to seek all federal waivers and other arrangements to secure 21 federal funding for and support of the program; to establish the Georgia Medicare for All 22 Trust Fund to support the Georgia Medicare for All Program; to authorize appropriation of 23 money to the fund; to allow healthcare providers to enter into collective negotiations to reach 24 agreement on terms and conditions of contracts for the program; to amend Title 49 of the 25 Official Code of Georgia Annotated, relating to social services, and an Act amending said 26 title, approved April 15, 2014 (Ga. L. 2014, p. 293), so as to repeal provisions regarding 27 prohibition of Medicaid expansion; to amend Titles 31, 42, and 43, relating to health, penal 28 institutions, and professions and businesses, respectively, and an Act amending Titles 31 29 and 43, approved March 23, 2023 (Ga. L. 2023, p. 6), so as to repeal provisions relating to 30 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, domestic relations, educations, 32 health, insurance, professions and businesses, public officers and employees, revenue and 33 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 provisions relating to abortion; to 35 provide conforming changes; to repeal legislative findings; to provide for related matters; to 36 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 I 39 Legislative findings 40 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 utilize 44 healthcare; 45 (3) The current employer based health insurance system does not ensure all Georgians 46 receive health insurance: 47 (A) While the federal Affordable Care Act expanded access to health insurance, it does 48 not guarantee comprehensive health insurance to all Georgians; and 49 (B) As of 2023, an estimated 13.3 percent of Georgians aged 64 or younger were 50 uninsured; 51 (4) Georgia is one of just ten states that have not expanded Medicaid under the federal 52 Affordable Care Act, further limiting the Act's effectiveness in providing access to 53 insurance; 54 (5) Nationally, uninsured individuals are more likely to be Black and even more likely 55 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 the 57 United States for five or more years are uninsured at roughly the same rates as more 58 recent noncitizens; 59 (6) A 2023 national survey found that only 27 percent of the uninsured population was 60 uninsured because they did not need or want insurance. 63 percent cited being unable to 61 afford insurance, with other major reasons for being uninsured including ineligibility, the 62 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 developed 64 countries, yet health outcomes for Americans are not better than countries that spend 65 much less; 66 (8) Gender-affirming care and reproductive care are essential healthcare; 67 (9) Certain laws previously enacted by the General Assembly are repugnant to the 68 purpose of guaranteeing comprehensive healthcare to all Georgians and should be 69 repealed; and 70 (10) It is necessary to enact a universal single-payer healthcare system to protect and 71 ensure the health, safety, and general welfare of Georgians. 72 PART II 73 Georgia Medicare for All Act 74 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 10 78 49-4-200. 79 This article shall be known and may be cited as the 'Georgia Medicare for All Act.' The 80 purpose of this Act is to guarantee health insurance to all Georgians through a universal 81 single-payer program and enable all Georgians to access comprehensive healthcare under 82 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 Act 86 (P.L. 111-148), as amended by the federal Health Care and Education Reconciliation Act 87 of 2010 (P.L. 111-152) and any amendments to or regulations or guidance issued under 88 those acts as of January 1, 2026. 89 (2) 'Care coordinator' means an individual or entity approved by the board to provide 90 care coordination as provided in Code Sections 49-4-214 and 49-4-215. 91 (3) 'Covered healthcare service' means any healthcare service, including care 92 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 predominantly 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 to 100 provide in this state one or more of the following: hospital services; nursing home care 101 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 provide 104 healthcare services to members under the Georgia Medicare for All Program, as provided 105 in Code Section 49-4-217. 106 (8) 'Healthcare provider' means an individual, entity, corporation, facility, or institution 107 licensed by this state or otherwise lawfully permitted to provide healthcare services in 108 this state, including a physician, clinic, laboratory, pharmacy, or hospital. 109 (9) 'Healthcare providers' representative' means a third party that is authorized by a group 110 of healthcare providers to negotiate on the group's behalf with the board or other 111 H. B. 1480 - 5 - 26 LC 65 0019 representative concerning terms and conditions affecting healthcare providers in the 112 Georgia Medicare for All Program, as provided in Code Section 49-4-221. 113 (10) 'Georgia Medicare for All Board' or 'board' means the Georgia Medicare for All 114 Board established in Code Section 49-4-202. 115 (11) 'Georgia Medicare for All Program' or 'program' means the Georgia Medicare for 116 All Program established in this article. 117 (12) 'Georgia Medicare for All Public Advisory Committee' means the public advisory 118 committee established to advise the board on funding and implementing the program as 119 provided in Code Section 49-4-203. 120 (13) 'Georgia Medicare for All Trust Fund' or 'fund' means the Georgia Medicare for All 121 Trust Fund as established in Code Section 49-4-220. 122 (14) 'Implementation period' means the period when the Georgia Medicare for All 123 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 to 126 contract, or enters into an agreement to provide, deliver, arrange for, pay for, or 127 reimburse any of the costs of healthcare services, including those of an accident and 128 sickness insurance company, a health maintenance organization, a healthcare plan, a 129 managed care plan, or any other entity providing a health insurance plan, a health benefit 130 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 range 133 of healthcare services, including preventive care, prenatal and well-baby care, 134 immunizations, screening diagnostics, emergency services, hospital and medical 135 services, surgical services, and ancillary services; and 136 (B) Is compensated by the Georgia Medicare for All Program using capitation or 137 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 committee 139 established to advise the board on covering long-term care services, as provided in Code 140 Section 49-4-204. 141 (18) 'Medicaid' means the joint federal and state program of medical assistance 142 established by Title XIX of the federal Social Security Act, which is administered in this 143 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,' Title 145 XVIII of the Social Security Act of 1965, as then constituted or later amended, as of 146 January 1, 2026. 147 (20) 'Member' means an individual who is enrolled in the Georgia Medicare for All 148 Program, as provided in Code Section 49-4-211. 149 (21) 'Out-of-state healthcare service' means a healthcare service provided in person to 150 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 member 152 is physically out of this state; or 153 (B) It is clinically appropriate and medically necessary and cannot be provided in this 154 state because the healthcare service can only be provided by a particular healthcare 155 provider physically located out of this state. 156 (22) 'Participating provider' means any healthcare provider that provides healthcare 157 services to members under the program. 158 (23) 'PeachCare' means the PeachCare for Kids Program created by Code 159 Section 49-5-273. 160 (24) 'Prescription drug' means any drug, including any biological product, except for 161 blood and blood components intended for transfusion or biological products that are also 162 medical devices, required by federal law, including federal regulation, to be dispensed 163 only by a prescription, including finished dosage forms and bulk drug substances subject 164 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 continuing 167 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 physician 170 assistant, holding an advanced degree and licensed in this state, who provides initial or 171 continuing specialized or subspecialized healthcare services focused on a specific area 172 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 advisory 175 committee established to advise the board on incorporating state health benefits and 176 retirement benefits, as provided in Code Section 49-4-205. 177 (28) 'Transition period' means the period during which the Georgia Medicare for All 178 Program is subject to special eligibility and financing provisions and is open for 179 enrollment but has not entered the implementation period. 180 (29) 'Workers' Compensation Public Advisory Committee' means the public advisory 181 committee established to advise the board on incorporating workers' compensation 182 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 Georgia 186 Medicare for All Trust Fund. The board shall be an independent public entity not affiliated 187 with a state agency or department. 188 (b) The board shall consist of the following members: four appointed by the Governor; two 189 appointed by the President of the Senate; two appointed by the Speaker of the House of 190 Representatives; and the commissioner of community health or his or her designee, who 191 H. B. 1480 - 8 - 26 LC 65 0019 shall serve as a voting ex officio member of the board. The appointed members of the 192 board shall be Georgia residents. 193 (c) The Governor shall appoint at least six and no more than eight additional members of 194 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 different from the organization 198 represented by the individual appointed pursuant to paragraph (1) of this subsection; 199 (4) At least one representative of the healthcare provider community; and 200 (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 the 202 ex officio member, shall be appointed for a term of four years. Appointments by the 203 Governor shall be subject to confirmation by the Senate. A member of the board may 204 continue to serve until the appointment and qualification of his or her successor. Vacancies 205 shall be filled by appointment for an unexpired term. The board shall elect a chair on an 206 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, and 210 state and federal laws and regulations; 211 (3) Serve the public interest of the individuals, employers, and taxpayers seeking 212 healthcare coverage through the program; and 213 (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 appointments 216 so that the board's composition reflects a diversity of expertise in the various aspects of 217 healthcare; and 218 H. B. 1480 - 9 - 26 LC 65 0019 (2) The cultural, ethnic, and geographic diversity of the state so that the board's 219 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 health 223 clinic while serving on the board; 224 (2) A member, a board member, or an employee of a trade association of healthcare 225 facilities, health clinics, or healthcare providers while serving on the board; or 226 (3) A healthcare provider, unless he or she receives no compensation for rendering 227 services as a healthcare provider and does not have an ownership interest in a healthcare 228 practice. 229 (h) Board members shall serve without compensation but shall be allowed actual and 230 necessary expenses in the performance of their duties. Legislative members of the board 231 shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall 232 receive a daily expense allowance in the amount specified in subsection (b) of Code 233 Section 45-7-21 as well as the mileage or transportation allowance authorized for state 234 employees. State officials or state employees shall be reimbursed for expenses incurred 235 in the performance of their duties as members of the board in the same manner as 236 reimbursements are made in their capacity as state officials or state employees. The funds 237 necessary for the reimbursement of the expenses of state officials, other than legislative 238 members, and state employees shall come from funds appropriated to or otherwise 239 available to their respective departments. 240 (i) A board member shall not make, participate in making, or in any way attempt to use his 241 or her official position to influence the making of a decision that he or she knows, or has 242 reason to know, will have a reasonably foreseeable material financial effect, distinguishable 243 from its effect on the public generally, on him or her or a member of his or her immediate 244 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, received 246 by, or promised to the board member within 12 months before the time when the decision 247 is made, other than gifts and other than loans by a commercial lending institution in the 248 regular course of business on terms available to the public without regard to official 249 status; or 250 (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 part of the board or a board 253 member, or an officer or employee of the board, for or on account of an act performed or 254 obligation entered into in an official capacity when done in good faith, without intent to 255 defraud, and in connection with the administration, management, or conduct of this article 256 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, and 259 maintain the Georgia Medicare for All Program. 260 (m) The board shall hire an executive director to organize, administer, and manage the 261 operations of the board. The executive director is exempt from civil service and shall serve 262 at the pleasure of the board. The executive director shall attend and participate in board 263 meetings, except those in which the executive director has a conflict of interest. The 264 executive director shall not be entitled to a vote at any board meetings. The executive 265 director may attend any public advisory committees established to advise the board on 266 matters concerning the program. 267 49-4-203. 268 (a) There is established the Georgia Medicare for All Public Advisory Committee for the 269 purpose of making recommendations to the board on all matters of policy for the Georgia 270 Medicare for All Program, including without limitation whether it is appropriate to institute 271 H. B. 1480 - 11 - 26 LC 65 0019 any additional taxation to fund the program. The commissioner of community health or 272 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 the 281 disabled community; and 282 (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; and 289 (F) One representative of essential community providers; and 290 (3) The Speaker of the House of Representatives shall appoint seven members as 291 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; and 297 (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 of 299 the Senate, and the Speaker of the House of Representatives shall make good faith efforts 300 to ensure that their appointments, as a whole, reflect, to the greatest extent feasible, the 301 social and geographic diversity of this state. 302 (d) Each committee member appointed by the Governor, the President of the Senate, and 303 the Speaker of the House of Representatives shall serve a four-year term and may be 304 reappointed for succeeding four-year terms. 305 (e) A vacancy on the committee must be filled within 30 days after it occurs and in the 306 same manner in which the vacating committee member was initially selected or appointed. 307 The commissioner of community health shall notify the appropriate appointing authority 308 of any expected vacancy on the committee. Any vacancy is only to be filled for the 309 remainder of the original term. 310 (f) Members of the committee shall serve without compensation but shall be entitled to 311 receive reimbursement for per diem and travel expenses as provided in Code 312 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 Title 50, relating to open 315 meetings. 316 (h) The committee shall elect a chair who shall serve for two years and who may be 317 reelected for additional two-year terms. 318 (i) Appointed committee members must have worked in the field they represent on the 319 committee for a period of at least two years before being appointed to the committee. This 320 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 deputies 322 to use for personal benefit any information that is filed with, or obtained by, the committee 323 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 purpose 326 of making recommendations to the board regarding long-term care coverage by the 327 program. The Commissioner of Insurance or his or her designee shall serve as a nonvoting 328 ex officio member of the committee. 329 (b) The committee shall consist of the board chair, serving as chair of the committee, and 330 the following members appointed by the chair: at least one representative of consumers or 331 potential consumers of long-term care services; at least one representative of providers of 332 long-term care services; at least one member of a labor union; and, at the discretion of the 333 chair, representatives of other interested parties. 334 (c) All appointed committee members shall serve for a term of two years, and 335 appointments may be renewed by the chair for additional two-year terms. The chair may 336 provide for the staggering of terms. A vacancy that occurs shall be filled within 30 days 337 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 shall meet as necessary or 339 convenient to perform its duties. 340 (e) Membership on the advisory committee does not constitute public office, and no 341 member shall be disqualified from holding office by reason of membership on the 342 committee. 343 (f) Members of the advisory committee shall receive no compensation or reimbursement 344 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 date 346 upon which the first meeting of the committee takes place; provided, however, that the 347 committee may be reestablished at the calling of the chair in order to make 348 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 the 351 purpose of making recommendations to the board regarding accommodating state 352 employee health and retirement benefits into the program. The commissioner of 353 community health or his or her designee shall serve as a nonvoting ex officio member of 354 the committee. 355 (b) The committee shall consist of the board chair, serving as chair of the committee, and 356 the following members appointed by the chair: at least one currently employed state or 357 public employee; at least one retired state or public employee; at least one healthcare 358 provider; at least one accountant; at least one law enforcement officer or firefighter 359 currently employed by this state; and, at the discretion of the chair, representatives of other 360 interested parties. 361 (c) All appointed committee members shall serve for a term of two years, and 362 appointments may be renewed by the chair for additional two-year terms. The chair may 363 provide for the staggering of terms. A vacancy that occurs shall be filled within 30 days 364 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 shall meet as necessary or 366 convenient to perform its duties. 367 (e) Membership on the advisory committee does not constitute public office, and no 368 member shall be disqualified from holding office by reason of membership on the 369 committee. 370 (f) Members of the advisory committee shall receive no compensation or reimbursement 371 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 date 373 upon which the first meeting of the committee takes place; provided, however, that the 374 committee may be reestablished at the calling of the chair in order to make 375 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 the 378 purpose of making recommendations to the board regarding accommodating workers' 379 compensation health benefits into the program. The Commissioner of Labor or his or her 380 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, and 382 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 one 384 healthcare provider; at least one attorney; and, at the discretion of the chair, representatives 385 of other interested parties. 386 (c) All appointed committee members shall serve for a term of two years, and 387 appointments may be renewed by the chair for additional two-year terms. The chair may 388 provide for the staggering of terms. A vacancy that occurs shall be filled within 30 days 389 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 shall meet as necessary or 391 convenient to perform its duties. 392 (e) Membership on the advisory committee does not constitute public office, and no 393 member shall be disqualified from holding office by reason of membership on the 394 committee. 395 (f) Members of the advisory committee shall receive no compensation or reimbursement 396 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 date 398 upon which the first meeting of the committee takes place; provided, however, that the 399 committee may be reestablished at the calling of the chair in order to make 400 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 Georgia 403 Medicare for All Program, providing comprehensive universal single payer healthcare 404 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 the 406 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 law or source where the 408 definition of a benefit is found, including, on a voluntary basis, retiree health benefits. The 409 board shall avoid jeopardizing federal financial participation in the programs that are 410 incorporated into the Georgia Medicare for All Program and shall take care to promote 411 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 purposes 413 of this article. The board shall have no executive, administrative, or appointive duties 414 except as otherwise provided by law. 415 (d) The board shall employ necessary staff and authorize reasonable expenditures, as 416 necessary, from the Georgia Medicare for All Trust Fund to pay program expenses and to 417 administer the program. 418 (e) The board may do all of the following: 419 (1) Negotiate and enter into any necessary contracts, including, but not limited to, 420 contracts with healthcare providers, integrated healthcare delivery systems, and care 421 coordinators; 422 (2) Sue and be sued; 423 (3) Receive and accept gifts, grants, or donations of moneys from any agency of the 424 federal government, any agency of the state, and any municipality, county, or other 425 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, private 427 foundations, and corporations, in compliance with the conflict of interest provisions to 428 be adopted by the board by rule; and 429 (5) Share information with relevant state agencies, consistent with the confidentiality 430 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 implementation 432 period. 433 (g) An insurer may not offer benefits or cover any services for which coverage is offered 434 to individuals under the program, but may, if otherwise authorized, offer benefits to cover 435 healthcare services that are not offered to individuals under the program. However, this 436 Code section does not prohibit an insurer from offering: 437 (1) Any benefits to or for individuals, including their families, who are employed or 438 self-employed in this state but who are not Georgia residents; or 439 (2) Any benefits during the transition period to individuals who enrolled or may enroll 440 as members of the program. 441 (h) Once the implementation period starts, a person may not be a board member unless he 442 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 following recommendations and 445 proposals: 446 (1) For the program to provide long-term care coverage, including the development of 447 a proposal, consistent with the principles of this article, for the program's funding, in 448 consultation with the public advisory committee established in Code Section 49-4-204; 449 (2) For the program to accommodate employer retiree health benefits for people who 450 were members of the program but live as retirees out of this state and for people who 451 H. B. 1480 - 18 - 26 LC 65 0019 earned or accrued such benefits while residing in this state before the implementation of 452 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 services 457 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 care 460 coordinator or healthcare organization, enrolling, obtaining healthcare services, 461 disenrolling, and other matters relating to the program; 462 (6) For providing assistance to healthcare providers providing, seeking, or considering 463 whether to provide healthcare services under the program and with respect to participating 464 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 appropriated 466 to provide grants to the Department of Community Health to support its implementation 467 of the state health benefit plans; and 468 (8) For using funds in the Georgia Medicare for All Trust Fund or otherwise appropriated 469 to provide grants to the Department of Labor for a program for retraining and assisting with 470 job transition for individuals employed or previously employed in the fields of health 471 insurance, for healthcare service plans, and for other third-party payments for healthcare 472 or those individuals providing services to healthcare providers to deal with third-party 473 payers for healthcare and whose jobs may be or have been ended as a result of the 474 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 data 477 to promote transparency, assess adherence to patient care standards, compare patient 478 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, length 481 of stay, and patients' unit of observation; and 482 (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; and 489 (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 to the Georgia All-Payer 492 Claims Database, as provided under Code Section 31-53-47. 493 (c) The board shall, directly and through grants to nonprofit entities, conduct programs 494 using data collected through the Georgia Medicare for All Program to promote and protect 495 public, environmental, and occupational health, including cooperation with other data 496 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 use the Georgia 499 Medicare for All Program or any program information, money, facilities, property, 500 equipment, or personnel to investigate, enforce, or assist in the investigation or 501 H. B. 1480 - 20 - 26 LC 65 0019 enforcement of any criminal, civil, or administrative violation or warrant for a violation of 502 any requirement that individuals register with the federal government or any federal agency 503 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 of 506 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 ensuring 508 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 under 510 the meaning of this article; 511 (2) The board shall provide for automatic enrollment of every Georgia resident in the 512 program to the extent possible; 513 (3) The board shall provide and publicize a means by which Georgia residents who have 514 not been automatically enrolled may apply for enrollment in the program; 515 (4) The board shall provide for the manner in which program members shall be 516 disenrolled due to loss of residency or refusal to provide information which the member 517 is required to provide under Code Section 49-4-219; 518 (5) The board shall provide for the manner in which program members shall be 519 disqualified due to fraudulent receipt of benefits or similar offenses, provided that no 520 criminal offense not relevant to the member's past or future receipt of benefits shall be 521 a reason for disqualification; 522 (6) The board is authorized to take appropriate action regarding disenrolled or 523 disqualified individuals, including assessing reasonable civil penalties and, for 524 disqualified individuals, making criminal referrals; 525 (7) The board shall provide for a review and appeal process for individuals subject to 526 disenrollment or disqualification and shall provide a manner by which such individuals 527 H. B. 1480 - 21 - 26 LC 65 0019 may re-enroll. The board may provide additional reasonable standards which must be 528 satisfied by disqualified individuals before they can re-enroll; and 529 (8) The board shall have the authority to request and obtain information on the state's 530 behalf and from other state agencies that it deems necessary to determine residency and 531 achieve automatic enrollment and disenrollment. 532 (c)(1) A member shall not be required to pay any fee, payment, or other charge for 533 enrolling in or being a member under the program. 534 (2) A member shall not be required to pay any premium, copayment, 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 purchase 537 coverage under the program for a student, or a student's dependent, who is not a Georgia 538 resident. 539 49-4-212. 540 (a) Covered healthcare benefits under the program include all medical care determined to 541 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 the 543 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, including prosthetics, 548 eyeglasses, and hearing aids repair, technical support, and customization needed for 549 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 who 554 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 Integrative 571 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 services, including sign 580 language and Braille or other services needed for individuals to overcome communication 581 barriers; 582 (33) Healthcare and long-term care services and supports currently covered or previously 583 covered under Medicaid or PeachCare; 584 (34) Community care if determined to be appropriate under the standard specified in 585 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 be 589 covered under any of the following provisions, without regard to whether the member 590 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 Article 17 of Chapter 2 of 597 Title 20 and under Part 1 of Article 1 of Chapter 18 of Title 45, relating to the state health 598 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 benefits 600 by the program; and 601 (8) All essential health benefits mandated by the federal Affordable Care Act as of 602 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 otherwise 605 in good standing is qualified to participate in the program so long as the healthcare 606 provider's services are performed within this state. 607 (2) The board shall establish and maintain procedures and standards for recognizing 608 healthcare providers located out of this state for purposes of providing coverage under 609 the program for a member who requires out-of-state healthcare service while he or she 610 is temporarily located out of this state. 611 (b) Any healthcare provider qualified to participate under this Code section may provide 612 covered healthcare services under the program so long as the healthcare provider is legally 613 authorized to perform the healthcare service for the individual and under the circumstances 614 involved. 615 (c) A member may choose to receive healthcare services under the program from any 616 participating provider, consistent with this part and the willingness or availability of the 617 provider, subject to provisions of this part relating to discrimination and the appropriate 618 clinically relevant circumstances. 619 (d)(1) A person who chooses to enroll with an integrated healthcare delivery system, 620 group medical practice, or essential community provider that offers comprehensive 621 services shall retain membership for at least one year after an initial three-month 622 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 first 624 sees a primary care provider. 625 (3) A person who wishes to withdraw after the initial three-month evaluation period shall 626 request a withdrawal pursuant to a procedure established by the board. The withdrawal 627 must be resolved in a timely fashion and may not have an adverse effect on the care a 628 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. A 631 care coordinator may employ or use the services of other individuals or entities to assist in 632 providing care coordination for the member, consistent with regulations of the board and 633 with the statutory requirements and regulations of the care coordinator's licensure. 634 (b) Care coordination includes administrative tracking and medical record-keeping 635 services for members. 636 (c) Care coordination administrative tracking and medical record-keeping services for 637 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 member to see any eligible 640 participating provider. 641 (f) A care coordinator may be an individual or entity that is approved under the program 642 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; or 645 (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 the 647 member for that condition; 648 (2) A healthcare facility; 649 (3) A healthcare organization; 650 (4) A multiple employer self-insured health plan; or 651 (5) Any nonprofit or governmental entity approved under the program. 652 (g)(1) A healthcare provider may be reimbursed for a healthcare service only if the 653 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 the member receives 655 healthcare services to be paid for under the program. If a member receives healthcare 656 H. B. 1480 - 26 - 26 LC 65 0019 services before choosing a care coordinator, the program shall assist the member, when 657 appropriate, with choosing a care coordinator. 658 (3) The member must remain enrolled with his or her care coordinator until the member 659 enrolls with a different care coordinator or ceases to be a member. A member has the 660 right to change his or her care coordinators. 661 (h) A healthcare organization may establish rules relating to care coordination for 662 members in the healthcare organization which are different from this Code section but 663 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 violation 665 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 unless the services included in 667 care coordination are within the individual's professional scope of practice or the entity's 668 authority. 669 49-4-215. 670 (a)(1) The board shall develop and implement standards for an individual or entity to be 671 approved as a care coordinator in the program, including, but not limited to, procedures 672 and standards relating to the revocation, suspension, or limitation of the care coordinator's 673 approval on a determination that the individual or entity: is incompetent to be a care 674 coordinator; has exhibited conduct that is inconsistent with program standards; exhibits 675 an unwillingness to meet those standards; or is a potential threat to the public health or 676 safety. 677 (2) The procedures and standards the board adopts must be consistent with established 678 professional practice, licensure standards, and regulations for healthcare providers. 679 (b) To maintain a care coordinator approval under the program, a care coordinator must 680 do all of the following: 681 (1) Renew the approval every three years pursuant to procedures the board adopts; and 682 H. B. 1480 - 27 - 26 LC 65 0019 (2) Provide to the program any data requested or required which would enable the board 683 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 contracting for and 686 establishing payment methodologies for covered healthcare services and care coordination 687 provided to members under the program by participating providers, care coordinators, and 688 healthcare organizations. There may be a variety of different payment methodologies, 689 including those established on a demonstration basis. All payment rates under the program 690 must be reasonable and reasonably related to the cost of efficiently providing the healthcare 691 services and ensuring an adequate and accessible supply of healthcare services. 692 (b) Healthcare services provided to members under the program, except for care 693 coordination, must be paid for on a fee-for-service basis unless and until another payment 694 methodology is established by the board. 695 (c) Notwithstanding subsection (b) of this Code section, integrated healthcare delivery 696 systems, essential community providers, and group medical practices that provide 697 comprehensive, coordinated services may choose to be reimbursed on the basis of a 698 capitated system operating budget or a noncapitated system operating budget that covers 699 all costs of providing healthcare services. 700 (d) The board and healthcare organizations shall engage in good faith negotiations with 701 healthcare providers' representatives, including, but not limited to, in relation to rates of 702 payment for healthcare services, rates of payment for prescription and nonprescription 703 drugs, and payment methodologies, as provided in Code Section 49-4-221. For 704 prescription and nonprescription drugs, the negotiations must be conducted through a 705 single entity on behalf of the entire program. 706 (e)(1) Payments for healthcare services established under this Code section are 707 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 established 709 under this part for any healthcare service provided to a member under the program and 710 may not solicit or accept payment from any member or third party for any healthcare 711 service, except as provided under a federal program. 712 (3) However, this Code section does not preclude the program from acting as a primary 713 or secondary payer in conjunction with another third-party payer when permitted by a 714 federal program. 715 (f) The board may adopt by rule payment methodologies for the payment of capital-related 716 expenses for specifically identified capital expenditures incurred by a nonprofit or 717 governmental entity that is a health facility. Any capital-related expense generated by a 718 capital expenditure that requires prior approval must have received that approval in order 719 to be paid by the program. 720 (g) Payment methodologies and payment rates must include a distinct component for 721 reimbursement of direct and indirect graduate medical education expenses. 722 (h) The board shall adopt payment methodologies and procedures for paying for healthcare 723 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 care coordination and 726 ancillary healthcare services from a healthcare organization. 727 (b) A healthcare organization must be a nonprofit or governmental entity that is approved 728 by the board. 729 (c)(1) The board shall by rule develop and implement procedures and standards for an 730 entity to be approved as a healthcare organization in the program, including, but not 731 limited to, procedures and standards relating to the revocation, suspension, or limitation 732 of approval on a determination that the entity: is incompetent to be a healthcare 733 organization; has exhibited a course of conduct that is inconsistent with program 734 H. B. 1480 - 29 - 26 LC 65 0019 standards and regulations; exhibits an unwillingness to meet those standards and 735 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 with 737 established professional practice, licensure standards, and regulations for healthcare 738 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; and 741 (2) Provide data to the Department of Community Health, as required by the board, to 742 enable the board to evaluate the healthcare organization in relation to the quality of 743 healthcare services provided, healthcare outcomes, and cost. 744 (e) The board may adopt procedures relating specifically to healthcare organizations for 745 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 practice 747 of healthcare providers or their licensure standards. 748 (g) Healthcare organizations may not use health information technology or clinical 749 practice guidelines that limit the effective exercise of the professional judgment of 750 physicians and registered nurses. Physicians and registered nurses are free to override 751 health information technology and clinical practice guidelines if, in their professional 752 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 the program and for 755 healthcare organizations, care coordinators, and healthcare providers consistent with this 756 article and consistent with the applicable professional practice and licensure standards of 757 healthcare providers and healthcare professionals, including requirements and standards 758 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 providers and members; 761 and 762 (3) Relations between healthcare organizations and healthcare providers, including 763 credentialing and participation in the healthcare organization, and terms, methods, and 764 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 provider 768 credentialing and participation in healthcare organization networks, referrals, payment 769 procedures and rates, claims processing, and approval of healthcare services, as 770 applicable; 771 (2) In-person primary and preventive care, care coordination, efficient and effective 772 healthcare services, quality assurance, and promotion of public, environmental, and 773 occupational health; 774 (3) Elimination of healthcare disparities; 775 (4) Nondiscrimination with respect to members and healthcare providers on the basis of 776 race, color, ancestry, national origin, religion, citizenship, immigration status, primary 777 language, mental or physical disability, age, sex, gender, sexual orientation, gender 778 identity or expression, medical condition, genetic information, marital status, familial 779 status, military or veteran status, or source of income; however, healthcare services 780 provided under the program must be appropriate to the patient's clinically relevant 781 circumstances; 782 (5) Accessibility of care coordination, healthcare organization services, and healthcare 783 services, including accessibility for people with disabilities and people with limited 784 ability to speak or understand English; 785 (6) Provision of care coordination, healthcare organization services, and healthcare 786 services in a culturally competent manner; and 787 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 authorized 790 by federal law, for replacing and merging with the Georgia Medicare for All Program 791 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 health 793 programs. 794 (d) Any participating provider or care coordinator that is organized as a for-profit entity 795 shall be required to meet the same requirements and standards as entities organized as 796 nonprofits, and payments under the program paid to those entities may not be calculated 797 to accommodate the generation of profit, revenue for dividends, or other return on 798 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 Department 800 of Community Health and allow the examination of that information by the program as 801 may be reasonably required for purposes of reviewing accessibility and utilization of 802 healthcare services, quality assurance, cost containment, the making of payments, and 803 statistical or other studies of the operation of the program or for protection and promotion 804 of public, environmental, and occupational health. 805 (f) In developing requirements and standards and making other policy determinations 806 under this Code section, the board shall consult with public advisory committees, 807 representatives of members, healthcare providers, care coordinators, healthcare 808 organizations, labor organizations representing healthcare employees, and other interested 809 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 arrangements 812 and submit state plan amendments as necessary to operate the Georgia Medicare for All 813 Program consistent with this Code section. 814 (b)(1) No later than July 1, 2029, the board shall apply to the United States Secretary of 815 Health and Human Services or other appropriate federal official for all waivers of 816 requirements, and shall make other arrangements necessary, under Medicare, any 817 federally matched public health program, the Affordable Care Act, and any other federal 818 program that provides federal funds for payment of healthcare services, to enable all 819 Georgia Medicare for All members to receive all benefits under the program, to enable 820 the state to implement the program, and to allow the state to receive and deposit all 821 federal payments under those federal programs, including funds that may be provided in 822 lieu of premium tax credits, cost sharing subsidies, and small business tax credits, in the 823 state treasury to the credit of the Georgia Medicare for All Trust Fund and to use those 824 funds for the program and other provisions under this article. 825 (2) To the fullest extent possible, the board shall negotiate arrangements with the federal 826 government to ensure that federal payments are paid to the Georgia Medicare for All 827 Program in place of federal funding of or tax benefits for federally matched public health 828 programs or federal health programs. 829 (3) The board may require members or applicants to provide information necessary for 830 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 may 832 not be used for any other purpose. 833 (4) The board may take any additional actions necessary to effectively implement the 834 Georgia Medicare for All Program to the maximum extent possible as a single payer 835 program consistent with this Code section. 836 H. B. 1480 - 33 - 26 LC 65 0019 (c) The board may take actions consistent with this article to enable the program to 837 administer Medicare in this state. The program must be a provider of supplemental 838 insurance coverage under Medicare Part B and must provide premium assistance for drug 839 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 section 841 relating to any federally matched public health program or Medicare, as necessary, to 842 implement any waiver or arrangement under this Code section or to maximize the federal 843 benefits to the program under this Code section, if the board, in consultation with the 844 executive director, determines that the waiver or modification is in the best interest of this 845 state and members affected by the action. 846 (e) The board may apply for coverage for, and enroll, any eligible member under any 847 federally matched public health program or Medicare. Enrollment in a federally matched 848 public health program or Medicare may not cause any member to lose any healthcare 849 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 income 851 eligibility level, increase or eliminate the resource test for eligibility, simplify any 852 procedural or documentation requirement for enrollment, and increase the benefits for 853 any federally matched public health program and for any program in order to reduce or 854 eliminate an individual's coinsurance, cost-sharing, or premium obligations or increase 855 an individual's eligibility for any federal financial support related to Medicare or the 856 Affordable Care Act. 857 (2) The board may act under this Code section upon a finding approved by the executive 858 director and the board that the action: 859 (A) Will help to increase the number of members who are eligible for and enrolled in 860 federally matched public health programs; or, for any program, to reduce or eliminate 861 an individual's coinsurance, cost-sharing, or premium obligations or increase an 862 H. B. 1480 - 34 - 26 LC 65 0019 individual's eligibility for any federal financial support related to Medicare or the 863 Affordable Care Act; 864 (B) Will not diminish any individual's access to any healthcare service or any right the 865 individual would otherwise have; 866 (C) Is in the interest of the program; and 867 (D) Has received any necessary federal waivers or approvals to ensure federal financial 868 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-term 870 care. 871 (g) To enable the board to apply for coverage for, and enroll, any eligible member under 872 any federally matched public health program or Medicare, the board may require that every 873 member or applicant provide the information necessary to enable the board to determine 874 whether the applicant is eligible for a federally matched public health program or for 875 Medicare, or any program or benefit under Medicare. 876 (h) As a condition of continued eligibility for healthcare services under the program, a 877 member who is eligible for benefits under Medicare must enroll in Medicare, including 878 Parts A, B, and D. 879 (i) The program shall provide premium assistance for all members enrolling in a Medicare 880 Part D drug coverage plan, limited to the low-income benchmark premium amount 881 established by the federal Centers for Medicare and Medicaid Services and any other 882 amount the federal agency establishes under its de minimis premium policy, except that 883 those payments made on behalf of members enrolled in a Medicare advantage plan may 884 exceed the low-income benchmark premium amount if determined to be cost effective to 885 the program. 886 (j) If the board has reasonable grounds to believe that a member may be eligible for an 887 income-related subsidy, the member must provide and authorize the program to obtain any 888 information or documentation required to establish the member's eligibility for that 889 H. B. 1480 - 35 - 26 LC 65 0019 subsidy; however, the board shall attempt to obtain as much of the information and 890 documentation as possible from records that are available to it. 891 (k) The program shall make a reasonable effort to notify members of their obligations 892 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 required 894 information. If the required information is not provided within the 60 day period, the 895 member's coverage under the program may be terminated. Information members provide 896 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 the 898 federal government with federal funds. 899 49-4-220. 900 (a) The board shall develop a revenue plan, taking into consideration anticipated federal 901 revenue available for the Georgia Medicare for All Program. In developing the revenue 902 plan, the board shall consult with appropriate officials and stakeholders. 903 (b) There is established the Georgia Medicare for All Trust Fund as a trust fund which 904 shall be of a perpetual, nonlapsing nature for the sole purpose of making payments in 905 accordance with this article. The state treasurer shall act as custodian of such fund and 906 shall credit to such fund all amounts appropriated, dedicated, transferred, or contributed to 907 such fund. The state treasurer shall invest trust fund money in the same manner in which 908 state funds are invested as authorized by the State Depository Board pursuant to Article 3 909 of Chapter 17 of Title 50. The state treasurer shall be authorized and is required to disburse 910 money from such fund only upon written direction of the board. 911 (c) The fund shall consist of all such payments, any and all grants received, and any 912 donations or additional contributions. All money contributed, deposited, or transferred into 913 the fund and any interest earned on such money shall be appropriated for the sole purpose 914 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 to 917 terms and conditions for providing healthcare services in the Georgia Medicare for All 918 Program. 919 (b) Healthcare providers may communicate with healthcare providers' representatives and 920 with other healthcare providers regarding the terms and conditions to be negotiated for 921 providing healthcare services in the program. A healthcare provider may be bound by the 922 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 the 924 board or its representative on behalf of the healthcare providers as a group. In 925 communicating or negotiating with the representative of such provider, the board is entitled 926 to offer and provide different terms and conditions to individual competing healthcare 927 providers. 928 (d) Before engaging in collective negotiations with the board on behalf of healthcare 929 providers, a healthcare providers' representative must file with the board, in the manner 930 prescribed by the board, information identifying the representative, the representative's plan 931 of operation, and the representative's procedures to ensure compliance with this Code 932 section. 933 (e) Each person who acts as the representative of negotiating parties under this Code 934 section shall pay a fee to the board to act as a representative. The board shall set by rule 935 fees in amounts deemed reasonable and necessary to cover the costs the board incurs in 936 administering this Code section. 937 (f) This Code section does not authorize competing healthcare providers to act in concert 938 in response to a healthcare providers' representative's discussions or negotiations with the 939 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 be 942 H. B. 1480 - 37 - 26 LC 65 0019 provided by any healthcare provider or group of healthcare providers with respect to the 943 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 group 946 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 on 949 the part of a healthcare provider with his or her employer or any other lawful collective 950 action or collective bargaining." 951 PART III 952 Reproductive Freedom Act 953 SECTION 3-1. 954 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by 955 repealing Chapter 9A, the "Woman's Right to Know Act," in its entirety and enacting a new 956 Chapter 9A to read as follows: 957 "CHAPTER 9A 958 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 substance 963 or device to terminate the pregnancy of an individual known to be pregnant with an 964 H. B. 1480 - 38 - 26 LC 65 0019 intention other than to increase the probability of a live birth, to preserve the life or health 965 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 Code 967 Section 43-26-3. 968 (3) 'Covered entity' means any licensed provider of reproductive healthcare services, 969 including but not limited to hospitals, outpatient departments, clinics, reproductive health 970 practices, or offices of healthcare professionals. 971 (4) 'Healthcare professional' means a person who is licensed as a physician, advanced 972 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 forth in Code Section 975 43-34-23. 976 (7) 'Pregnancy' means the human reproductive process beginning with the implantation 977 of an embryo. 978 (8) 'State' includes any branch, department, agency, instrumentality, and official or other 979 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 carry 983 the pregnancy to term or have an abortion. 984 (b) Every individual has the fundamental right to choose or refuse contraception or 985 sterilization. 986 (c) The state shall not, in the regulation or provision of benefits, facilities, services, or 987 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 an 989 abortion, including individuals in the physical or legal custody of the state; and 990 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 of 992 this state. 993 31-9A-4. 994 (a) A healthcare professional acting within the professional's lawful scope of practice and 995 in compliance with all generally applicable regulations shall be authorized to provide 996 abortions in this state. 997 (b) This chapter shall not be construed to prevent the Department of Community Health 998 under this title or a healthcare professional licensing board from regulating the practice of 999 abortion or abortion facilities with generally applicable regulations and standards that are 1000 in accordance with evidence based medically accepted standards, provided that such 1001 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 and shall not be denied or 1005 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 an 1007 abortion, performing or aiding in the performance of an abortion in this state, or in 1008 procuring an abortion in this state if the abortion is performed in accordance with the 1009 provisions of this chapter. 1010 (c) Notwithstanding any other law, an individual shall not be subject to investigation, civil 1011 or criminal penalty, or otherwise deprived of their rights under this article based on their 1012 actions or omissions with respect to a pregnancy or an actual, potential, or alleged 1013 pregnancy outcome, including miscarriage, stillbirth, ectopic pregnancy, abortion, or 1014 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 under 1016 this article shall not be subject to civil or criminal liability or penalty, or otherwise be 1017 deprived of his or her rights, based solely on his or her actions to aid or assist a pregnant 1018 individual in exercising her rights under this article, so long as they acted with the pregnant 1019 individual's voluntary consent. 1020 (e) The state shall not discriminate in the protection or enforcement of the fundamental 1021 rights set forth in this chapter on the basis of sex, which includes but is not limited to sex 1022 stereotypes, gender identity or expression, or perceived gender identity or expression; 1023 sexual orientation; pregnancy; disability; race; ethnicity; age; national origin; immigration 1024 status; or religion. 1025 (f) Any party aggrieved by conduct or regulation in violation of this chapter may bring a 1026 civil lawsuit in federal or state court for injunctive relief against the offending state or local 1027 official. The court may award costs and reasonable attorney's fees to an aggrieved party 1028 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 Accountability 1031 Act of 1996, P.L. 104-191, and any regulations promulgated thereunder, in any civil action 1032 or administrative hearing, a covered entity shall not disclose without written consent from 1033 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 the 1035 covered entity from an individual or the individual's guardian or authorized legal 1036 representative, relating to reproductive healthcare services permitted under the laws of 1037 this state; or 1038 (2) Any information obtained by personal examination of an individual by the covered 1039 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 authorized 1041 legal representative of the individual's right to refuse to consent to the disclosure of the 1042 individual's communications and information at or before the time reproductive healthcare 1043 services are rendered, or at such time as the individual discloses any information relating 1044 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 implementation, whether 1048 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 protect 1050 an individual's ability to freely exercise the fundamental rights set forth in this chapter in 1051 a manner or to an extent equal to or greater than the protection provided in this chapter. 1052 Local government may not regulate an individual's ability to freely exercise the 1053 fundamental rights set forth in this chapter in a manner more restrictive than that set forth 1054 in this chapter. 1055 31-9A-8. 1056 In accordance with Code Section 1-1-3, if any provision of this chapter or its application 1057 to any person or circumstance is held invalid, the invalidity does not affect other provisions 1058 or applications of this chapter which can be given effect without the invalid provision or 1059 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 in 1062 performance of abortions. 1063 H. B. 1480 - 42 - 26 LC 65 0019 PART IV 1064 Conforming changes for the Georgia Medicare for All Act 1065 SECTION 4-1. 1066 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by 1067 repealing Code Section 31-7-3.5, relating to treatment of minors for gender dysphoria and 1068 penalty for violations. 1069 SECTION 4-2. 1070 Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended 1071 by revising subsection (e) of Code Section 42-5-2, relating to care and services required for 1072 inmates, responsibility of costs, and prohibited procedures and treatments, as follows: 1073 "(e)(1) Except as otherwise provided for in paragraph (2) of this subsection, no state 1074 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 for 1076 the purpose of altering primary or secondary sexual characteristics; 1077 (B) Hormone replacement therapies; and 1078 (C) Cosmetic procedures or prosthetics intended to alter the appearance of primary or 1079 secondary sexual characteristics. 1080 (2) The board shall adopt rules and regulations regarding the procedures and therapies 1081 prohibited by this subsection, which shall provide for the following limited instances in 1082 which the treatments set forth in paragraph (1) of this subsection shall be authorized: 1083 (A) Treatments for medical conditions where such treatments are considered 1084 medically necessary, provided that such condition is not gender dysphoria or the 1085 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 verifiable disorder of sex 1087 development, including individuals born with ambiguous genitalia or chromosomal 1088 abnormalities resulting in ambiguity regarding the individual's biological sex; 1089 (C) Treatments for individuals with partial androgen insensitivity syndrome; and 1090 (D) Hormone replacement therapy treatment for state inmates who were being treated 1091 with such therapy prior to May 8, 2025, provided that the provision of such therapy is 1092 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 Official Code of Georgia 1095 Annotated, relating to regulation of hospitals and related institutions and prohibition on 1096 certain therapies and procedures for treatment of gender dysphoria in minors, regulations, 1097 exceptions, and accountability, respectively, so as to prohibit certain surgical procedures for 1098 the treatment of gender dysphoria in minors from being performed in hospitals and other 1099 licensed healthcare facilities; so as to prohibit certain surgical procedures for the treatment 1100 of gender dysphoria in minors, approved March 23, 2023 (Ga. L. 2023, p. 6), is amended by 1101 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 by 1104 repealing Code Section 43-34-15, relating to prohibition on certain therapies and procedures 1105 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 amended 1108 by repealing and reserving Code Section 49-4-142.2, relating to expansion of Medicaid 1109 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 as to prohibit the expansion of Medicaid 1113 eligibility through an increase in the income threshold without prior legislative approval; to 1114 provide for legislative findings; to provide for related matters; to repeal conflicting laws; and 1115 for other purposes, approved on April 15, 2014 (Ga. L. 2014, p. 293), is amended by 1116 repealing the Act in its entirety. 1117 PART V 1118 Conforming Changes for the Reproductive Freedom Act 1119 SECTION 5-1. 1120 An Act amending Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating 1121 to persons and their rights, so as to provide that natural persons include an unborn child; to 1122 provide that such unborn children shall be included in certain population based 1123 determinations; to provide definitions; to amend Article 5 of Chapter 12 of Title 16 of the 1124 Official Code of Georgia Annotated, relating to abortion, so as to provide definitions; to 1125 revise the time when an abortion may be performed; to provide for exceptions; to provide for 1126 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 of 1128 Georgia Annotated, relating to alimony and child support, so as to provide a definition; to 1129 provide a maximum support obligation for certain circumstances; to amend Chapter 7 of 1130 Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship 1131 generally, so as to provide that the right to recover for the full value of a child begins at the 1132 point when a detectable human heartbeat exists; to amend Chapter 9A of Title 31 of the 1133 Official Code of Georgia Annotated, relating to the "Woman's Right to Know Act," so as to 1134 provide for advising women seeking an abortion of the presence of a detectable human 1135 H. B. 1480 - 45 - 26 LC 65 0019 heartbeat; to provide for the content of certain notices; to repeal certain penalties; to amend 1136 Chapter 9B of Title 31 of the Official Code of Georgia Annotated, relating to physician's 1137 obligation in performance of abortions, so as to require physicians performing abortions to 1138 determine the existence of a detectable human heartbeat before performing an abortion; to 1139 provide for the reporting of certain information by physicians; to amend Chapter 7 of Title 1140 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that 1141 an unborn child with a detectable human heartbeat is a dependent minor for income tax 1142 purposes; to provide for legislative findings; to provide for related matters; to provide for 1143 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 for 1145 other purposes, approved on May 7, 2019 (Ga. L. 2019, p. 711), is amended by repealing 1146 Section 2 of the Act. 1147 SECTION 5-2. 1148 Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended 1149 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, as 1151 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 insofar 1156 as the law forbids it, they are subject to be changed, modified, or destroyed at the will of 1157 their creator. 1158 (d) Unless otherwise provided by law, any natural person, including an unborn child with 1159 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 steady 1162 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 of 1164 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 revising 1167 subsection (b) of Code Section 15-11-64, relating to collection of information by juvenile 1168 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 Courts 1170 the total number of petitions or motions filed under subsection (b) (c) of Code 1171 Section 15-11-682 for the previous calendar year and, of that number, the number in which 1172 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 denials 1175 from which an appeal was filed, the number of appeals that resulted in denials being 1176 affirmed, and the number of appeals that resulted in reversals of such denials. Each clerk 1177 shall make such report by March 15 of each year for the previous calendar year. The 1178 individual reports made to the Administrative Office of the Courts shall be held 1179 confidential and not subject to disclosure under Article 4 of Chapter 18 of Title 50, relating 1180 to open records. The Administrative Office of the Courts shall provide aggregated 1181 statistics only in accordance with subsection (g) of Code Section 16-12-141.1. Such 1182 individual reports shall be destroyed six months after submission to the Administrative 1183 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, relating 1186 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 means 1188 the use or prescription of any instrument, medicine, drug, or any other substance or 1189 device with the intent to terminate the pregnancy of a female known to be pregnant. The 1190 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 the probability of a live 1192 birth, to preserve the life or health of the child after live birth, or to remove a dead unborn 1193 child who died as a result of a spontaneous abortion. The term 'abortion' also shall not 1194 include the prescription or use of contraceptives." 1195 SECTION 5-5. 1196 Said title is further amended by revising Code Section 15-11-682, relating to parental 1197 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 other 1200 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 a 1202 parent or guardian who shall show proper identification and state that he or she is the 1203 lawful parent or guardian of such minor of the unemancipated minor and that he or she 1204 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 healthcare 1206 professional's qualified agent gives at least 24 hours' actual notice, in person or by 1207 telephone, to the parent or guardian of the unemancipated minor of the pending 1208 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 that he or she has been 1210 H. B. 1480 - 48 - 26 LC 65 0019 previously informed that the unemancipated minor was seeking an abortion or if the 1211 person so notified has not been previously informed and he or she clearly expresses that 1212 he or she does not wish to consult with the unemancipated minor, then in either event 1213 the abortion may proceed in accordance with Chapter 9A of Title 31; or 1214 (C) The physician or the physician's healthcare professional or the healthcare 1215 professional's qualified agent gives written notice of the pending abortion and the 1216 address of the place where the abortion is to be performed, sent by registered or 1217 certified mail or statutory overnight delivery, return receipt requested with delivery 1218 confirmation, addressed to a parent or guardian of the unemancipated minor at the usual 1219 place of abode of the parent or guardian. Unless proof of delivery is otherwise sooner 1220 established, such notice shall be deemed delivered 48 hours after mailing. The time of 1221 mailing shall be recorded by the physician healthcare professional or agent in the 1222 unemancipated minor's file. The abortion may be performed 24 hours after the delivery 1223 of the notice; provided, however, that, if the person so notified certifies in writing that 1224 he or she has been previously informed that the unemancipated minor was seeking an 1225 abortion or if the person so notified has not been previously informed and he or she 1226 certifies in writing that he or she does not wish to consult with the unemancipated 1227 minor, then in either event the abortion may proceed in accordance with Chapter 9A of 1228 Title 31; and 1229 (2) The unemancipated minor signs a consent form stating that she consents, freely and 1230 without coercion, to the abortion. 1231 (b) Subsection (a) of this Code section shall not apply to an unemancipated minor seeking 1232 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 physical 1235 or emotional harm of such unemancipated minor; and 1236 H. B. 1480 - 49 - 26 LC 65 0019 (B) The unemancipated minor is capable of giving informed consent to the abortion; 1237 and 1238 (2) The unemancipated minor signs a consent form stating that waiver of notice is 1239 necessary under the provisions of this paragraph and that the unemanicpated minor 1240 consents, freely and without coercion, to the abortion; or 1241 (3) The healthcare professional or the healthcare professional's qualified agent makes 1242 reasonable effort to give both actual and written notice to a parent or guardian of the 1243 unemancipated minor and is unsuccessful. 1244 A healthcare professional or the healthcare professional's qualified agent shall not be liable 1245 for civil damages or subject to a criminal penalty for his or her decision under this 1246 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 healthcare 1248 professional or the healthcare professional's qualified agent, as the case may be, elects not 1249 to comply with any one of the requirements of subparagraph (a)(1)(A), (a)(1)(B), or 1250 (a)(1)(C) of this Code section and no provision of subsection (b) of this Code section 1251 applies to the unemancipated minor, or if the parent or legal guardian of the unemancipated 1252 minor cannot be located, the unemancipated minor may petition, on his or her own behalf 1253 or by next friend, any juvenile court in the state for a waiver of such requirement pursuant 1254 to the procedures provided for in Code Section 15-11-684. The juvenile court shall assist 1255 the unemancipated minor or next friend in preparing the petition and notices required 1256 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, unless a provision under 1259 subsection (b) of this Code section applies or the unemancipated minor has obtained a court 1260 order waiving such requirements. 1261 H. B. 1480 - 50 - 26 LC 65 0019 (e) A healthcare professional or a healthcare professional's qualified agent shall not 1262 provide notice to a parent or guardian if the unemancipated minor decides not to have an 1263 abortion." 1264 SECTION 5-6. 1265 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is 1266 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, is 1269 amended by repealing subsection (a.1) of Code Section 19-6-15, relating to child support 1270 guidelines for determining amount of award, continuation of duty of support, and duration 1271 of support. 1272 SECTION 5-8. 1273 Said title is further amended by revising paragraph (1) of subsection (c) of Code Section 1274 19-7-1, relating to in whom parental power lies, how such power lost, and recovery for 1275 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 some 1277 party entitled to recover the full value of the life of the child, either as provided in this 1278 Code section or as provided in Chapter 4 of Title 51. For the homicide of an unborn 1279 child, the right to recover for the full value of the life of such child shall begin at the point 1280 at which a detectable human heartbeat, as such term is defined in Code Section 1-2-1, is 1281 present." 1282 H. B. 1480 - 51 - 26 LC 65 0019 SECTION 5-9. 1283 Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 1284 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, penalty 1286 for failure to report, and spiritual treatment for illnesses, as follows: 1287 "(2) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-681 1288 31-9A-2." 1289 SECTION 5-10. 1290 Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 1291 19-9-124, relating to parental limitation on delegation of power of attorney, rights, duties, 1292 and responsibilities of agents, acknowledgment of acceptance of responsibilities, approval 1293 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 and 1295 authority regarding the care and custody of such child, except the power to consent to the 1296 marriage or adoption of such child, the performance or inducement of an abortion on or 1297 for such child, or the termination of parental rights to such child. Such power and 1298 authority may be delegated without the approval of a court, provided that such delegation 1299 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 order, including a standing 1301 order, or deprive a parent of a child of any parental or legal rights, obligations, or 1302 authority regarding the custody, parenting time, visitation, or support of such child. Such 1303 delegation of power and authority shall not deprive or limit any support for a child that 1304 should be received by such child pursuant to a court order or for any other reason. When 1305 support is being collected for the child by the Child Support Enforcement Agency of the 1306 department, such agency shall be authorized to redirect support payments to the agent for 1307 H. B. 1480 - 52 - 26 LC 65 0019 the duration of the power of attorney or until the power of attorney is revoked or 1308 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 Code 1311 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 power 1314 and authority regarding the care and custody of the child named above, including but 1315 not limited to the right to inspect and obtain copies of educational records and other 1316 records concerning the child, attend school activities and other functions concerning the 1317 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 may 1319 concern the child. This delegation shall not include the power or authority to consent 1320 to the marriage or adoption of the child, the performance or inducement of an abortion 1321 on or for the child, or the termination of parental rights to the child. 1322 OR 1323 (B) ___________________________ (Signature) I delegate to the agent the following 1324 specific powers and responsibilities (write in): _______________________________ 1325 ____________________________________________________________________ 1326 This delegation shall not include the power or authority to consent to the marriage or 1327 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 general 1331 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 by 1335 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 legislative 1337 intent and grant of authority. 1338 SECTION 5-14. 1339 Said title is further amended by revising subparagraph (B) of paragraph (4) of Code 1340 Section 31-7-1, relating to definitions regarding the regulation of hospitals and related 1341 institutions, as follows: 1342 "(B) Any health facility wherein abortion procedures under subsections (b) and (c) of 1343 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, relating 1346 to effect of chapter on advance directives for health care on other legal rights and duties, as 1347 follows: 1348 "(b) Nothing in this chapter shall be construed to condone, authorize, or approve mercy 1349 killing or to permit any affirmative or deliberate act or omission to end life other than to 1350 permit the process of dying as provided in this chapter. Furthermore, nothing in this 1351 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 by 1354 revising subsection (c) of Code Section 33-24-59.6, relating to prescribed female 1355 contraceptive drugs or devices and insurance coverage, as follows: 1356 "(c) Every health benefit policy that is delivered, issued, executed, or renewed in this state 1357 or approved for issuance or renewal in this state by the Commissioner which provides 1358 coverage for prescription drugs on an outpatient basis shall provide coverage for any 1359 prescribed drug or device approved by the United States Food and Drug Administration for 1360 use as a contraceptive. This Code section shall not apply to limited benefit policies 1361 described in paragraph (4) of subsection (e) of Code Section 33-30-12. Likewise, nothing 1362 contained in this Code section shall be construed to require any insurance company to 1363 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 of 1366 certain abortions through certain qualified health plans prohibited and definitions, and 1367 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 Section 1370 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 for 1372 complications of pregnancy in Code Section 33-24-24; coverage for general anesthesia 1373 and related hospital and outpatient facility charges for dental care for persons who are 1374 developmentally disabled, seven or younger, neurologically impaired, or suffering 1375 severe face or head trauma in Code Section 33-24-28.4; surveillance tests for ovarian 1376 cancer in Code Section 33-24-56.2; colorectal cancer screening and testing in Code 1377 H. B. 1480 - 55 - 26 LC 65 0019 Section 33-24-56.3; coverage for hospital stays after delivery in Code Section 1378 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 for 1380 equipment and self-management training for individuals with diabetes in Code Section 1381 33-24-59.2; coverage for prescribed female contraceptive drugs or devices in Code 1382 Section 33-24-59.6, provided that nothing contained in this paragraph shall be 1383 construed to require any insurance company to provide coverage for abortion; coverage 1384 for prescription inhalers in Code Section 33-24-59.8; coverage for autism in Code 1385 Section 33-24-59.10; coverage for mastectomy and lymph node dissection in Code 1386 Section 33-24-72; coverage for mammograms, Pap smears, and screening for prostate 1387 cancer in Code Sections 33-29-3.2 and 33-30-4.2; provisions concerning mail-order 1388 pharmaceuticals in Code Section 33-30-4.3; and coverage for child wellness exams in 1389 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, and 1392 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 final 1395 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, relating 1398 to delegation of certain medical acts to advanced practice registered nurse, construction and 1399 limitations of such delegation, conditions of nurse protocol, and issuance of prescription drug 1400 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 not 1403 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 by or on account of an 1410 individual prior to the effective date of the plan; expenses for services received for injury 1411 or sickness due to war or any act of war, whether declared or undeclared, which war or act 1412 of war shall have occurred after the effective date of this plan; expenses for which the 1413 individual is not required to make payment; expenses to the extent of benefits provided 1414 under any employer group plan other than this plan in which the state participates in the 1415 cost thereof; expenses for abortion services except to the extent permitted under the state 1416 health benefit plan approved by the board as such plan existed on January 1, 2014; and 1417 such other expenses as may be excluded by regulations of the board. For purposes of this 1418 Code section, the term 'abortion' shall have the same meaning as provided in Code Section 1419 31-9A-2." 1420 SECTION 5-23. 1421 Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is 1422 amended by revising subsection (a) of Code Section 48-7-26, relating to personal 1423 exemptions, as follows: 1424 "(a) As used in this Code section, the term 'dependent' shall have the same meaning as in 1425 the Internal Revenue Code of 1986; provided, however, that any unborn child with a 1426 H. B. 1480 - 57 - 26 LC 65 0019 detectable human heartbeat, as such terms are defined in Code Section 1-2-1, shall qualify 1427 as a dependent minor." 1428 SECTION 5-24. 1429 Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended 1430 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 abortion 1433 related services for all recipients of medical assistance as defined in Code 1434 Section 49-4-141." 1435 PART VI 1436 Effective date and repealer 1437 SECTION 6-1. 1438 (a) Part II of this Act shall become effective only upon the effective date of a specific 1439 appropriation of funds for the purposes of this article, as expressed in a line item making 1440 specific reference to this Act in a General Appropriations Act enacted by the General 1441 Assembly. 1442 (b) Parts I, III, IV, V, and VI of this Act shall become effective upon its approval by the 1443 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 -