24 LC 54 0322 House Bill 1081 By: Representatives Taylor of the 173 rd , Cooper of the 45 th , Hatchett of the 155 th , Silcox of the 53 rd , Mainor of the 56 th , and others A BILL TO BE ENTITLED AN ACT To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to 1 control of hazardous conditions, preventable diseases, and metabolic disorders, so as to2 provide for mandatory preeclampsia biomarker testing for pregnant women during their first3 prenatal visit; to provide for a short title; to provide for definitions; to provide for additional4 testing when deemed necessary and ordered by an attending physician; to provide for how5 preeclampsia biomarker testing shall be conducted; to authorize the Department of Public6 Health to promulgate rules and regulations; to amend Chapter 24 of Title 33 of the Official7 Code of Georgia Annotated, relating to insurance generally, so as to require health benefit8 policy coverage for preeclampsia biomarker testing for pregnant women during their first9 prenatal visit and as deemed necessary and ordered by an attending physician thereafter; to10 provide for conforming changes; to provide for an effective date; to amend Code Section11 49-4-159.3 of the Official Code of Georgia Annotated, relating to biomarker testing for12 Medicaid recipients, so as to require preeclampsia biomarker testing coverage for pregnant13 women during their first prenatal visit and as deemed necessary and ordered by an attending14 physician thereafter; to provide for related matters; to repeal conflicting laws; and for other15 purposes.16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 H. B. 1081 - 1 - 24 LC 54 0322 SECTION 1. 18 Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of19 hazardous conditions, preventable diseases, and metabolic disorders, is amended by adding20 a new Code section to read as follows:21 "31-12-15. 22 (a) This Code section shall be known and may be cited as the 'Georgia Preeclampsia23 Biomarker Testing Act of 2024.'24 (b) As used in this Code section, the term:25 (1) 'Biomarker' means a characteristic that is objectively measured and evaluated as an26 indicator of normal biological processes, pathogenic processes, or pharmacologic27 responses to a specific therapeutic intervention. Such term includes, but is not limited to,28 gene mutations, protein expression, known gene-drug interactions for medications, and29 characteristics of genes.30 (2) 'Biomarker testing' means the analysis of a patient's tissue, blood, or other31 biospecimen for the presence of a biomarker. Such term includes, but is not limited to,32 single-analyte tests, multiplex panel tests, whole genome sequencing, protein expression,33 whole exome, and whole transcriptome.34 (3) 'Consensus statements' means statements developed by an independent,35 multidisciplinary panel of experts utilizing a transparent methodology and reporting36 structure and with a conflict-of-interest policy. Such statements are aimed at specific37 clinical circumstances and base the statements on the best available evidence for the38 purpose of optimizing the outcomes of clinical care.39 (4) 'Nationally recognized clinical practice guidelines' means evidence based clinical40 practice guidelines developed by independent organizations or medical professional41 societies utilizing a transparent methodology and reporting structure and with a42 conflict-of-interest policy. Such guidelines establish standards of care informed by a43 H. B. 1081 - 2 - 24 LC 54 0322 systematic review of evidence and an assessment of the benefits and risks of alternative44 care options and include recommendations intended to optimize patient care.45 (c)(1) A pregnant woman shall be screened for preeclampsia using biomarker testing at46 the pregnant woman's first prenatal visit.47 (2) A pregnant woman may be screened for preeclampsia using biomarker testing at any48 other point during her pregnancy as deemed necessary and ordered by the attending49 physician in accordance with this Code section and the rules, regulations, and standards50 adopted and promulgated pursuant to this Code section.51 (3) Each preeclampsia biomarker test shall be conducted by the physician or other52 healthcare provider who is providing prenatal care for such pregnant woman according53 to nationally recognized clinical practice guidelines and consensus statements.54 (d) The department shall be authorized to promulgate rules and regulations for the purpose55 of administering the requirements under this Code section."56 SECTION 2.57 Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance58 generally, is amended in Code Section 33-24-24, relating to provision in group or blanket59 accident and sickness policies of coverage for complications of pregnancy, by revising60 subparagraph (a)(1)(A) as follows:61 "(A) Conditions requiring hospital confinement when the pregnancy is not terminated62 and whose diagnoses are distinct from pregnancy but are adversely affected by63 pregnancy or are caused by pregnancy, such as acute nephritis, nephrosis, cardiac64 decompensation, missed abortion, pre-eclampsia preeclampsia, intrauterine fetal growth65 retardation, and similar medical and surgical conditions of comparable severity; but the66 term shall not include false labor, occasional spotting, physician prescribed rest during67 the period of pregnancy, morning sickness, hyperemesis gravidarum, and similar68 H. B. 1081 - 3 - 24 LC 54 0322 conditions associated with the management of a difficult pregnancy not constituting a 69 nosologically distinct complication of pregnancy; and"70 SECTION 3.71 Said chapter is further amended by revising subsection (b) of Code Section 33-24-59.33,72 relating to required coverage for biomarker testing, as follows:73 "(b)(1) All health benefit policies renewed or issued on or after July 1, 2023, shall74 include coverage for biomarker testing as provided in this Code section.75 (2) All health benefit policies renewed or issued on or after July 1, 2024, shall include76 coverage for biomarker testing for preeclampsia as provided for in Code Section77 31-12-15 and this Code section."78 SECTION 4.79 Code Section 49-4-159.3 of the Official Code of Georgia Annotated, relating to biomarker80 testing for Medicaid recipients, is amended by revising subsection (b) as follows:81 "(b) The department shall provide biomarker testing for Medicaid recipients in accordance82 with the requirements of Code Section 31-12-15 and this Code section."83 SECTION 5.84 All laws and parts of laws in conflict with this Act are repealed.85 H. 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