Georgia 2023-2024 Regular Session

Georgia House Bill HB1081 Latest Draft

Bill / Comm Sub Version Filed 02/16/2024

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The House Committee on Public Health offers the following substitute to HB 1081:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to1
control of hazardous conditions, preventable diseases, and metabolic disorders, so as to2
provide for preeclampsia biomarker testing for pregnant women during their course of3
prenatal care when deemed necessary and ordered by her attending physician; to provide for4
a short title; to provide for definitions; to provide for how preeclampsia biomarker testing5
shall be conducted; to authorize the Department of Public Health to promulgate rules and6
regulations; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated,7
relating to insurance generally, so as to require health benefit policy coverage for8
preeclampsia biomarker testing for pregnant women during their course of prenatal care; to9
provide for conforming changes; to amend Code Section 49-4-159.3 of the Official Code of10
Georgia Annotated, relating to biomarker testing for Medicaid recipients, so as to require11
preeclampsia biomarker testing coverage for pregnant women during their course of prenatal12
care; to provide for related matters; to repeal conflicting laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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SECTION 1.15
Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of16
hazardous conditions, preventable diseases, and metabolic disorders, is amended by adding17
a new Code section to read as follows:18
"31-12-15.19
(a)  This Code section shall be known and may be cited as the 'Georgia Preeclampsia20
Biomarker Testing Act of 2024.'21
(b)  As used in this Code section, the term:22
(1)  'Biomarker' means a characteristic that is objectively measured and evaluated as an23
indicator of normal biological processes, pathogenic processes, or pharmacologic24
responses to a specific therapeutic intervention.  Such term includes, but is not limited to,25
gene mutations, protein expression, known gene-drug interactions for medications, and26
characteristics of genes.27
(2) 'Biomarker testing' means the analysis of a patient's tissue, blood, or other28
biospecimen for the presence of a biomarker using an FDA approved method of analysis. 29
Such term includes, but is not limited to, single-analyte tests, multiplex panel tests, whole30
genome sequencing, protein expression, whole exome, and whole transcriptome.31
(3) 'Consensus statements' means statements developed by an independent,32
multidisciplinary panel of experts utilizing a transparent methodology and reporting33
structure and with a conflict-of-interest policy.  Such statements are aimed at specific34
clinical circumstances and base the statements on the best available evidence for the35
purpose of optimizing the outcomes of clinical care.36
(4)  'Nationally recognized clinical practice guidelines' means evidence based clinical37
practice guidelines developed by independent organizations or medical professional38
societies utilizing a transparent methodology and reporting structure and with a39
conflict-of-interest policy.  Such guidelines establish standards of care informed by a40
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systematic review of evidence and an assessment of the benefits and risks of alternative41
care options and include recommendations intended to optimize patient care.42
(c)(1)  A pregnant woman may be screened for preeclampsia using biomarker testing43
when ordered by the attending physician in accordance with this Code section.44
(2)  Each preeclampsia biomarker test shall be conducted by the physician or other45
healthcare provider who is providing prenatal care for such pregnant woman according46
to nationally recognized clinical practice guidelines and consensus statements.47
(d)  The department shall be authorized to promulgate rules and regulations for the purpose48
of administering the requirements under this Code section."49
SECTION 2.50
Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance51
generally, is amended in Code Section 33-24-24, relating to provision in group or blanket52
accident and sickness policies of coverage for complications of pregnancy, by revising53
subparagraph (a)(1)(A) as follows:54
"(A)  Conditions requiring hospital confinement when the pregnancy is not terminated55
and whose diagnoses are distinct from pregnancy but are adversely affected by56
pregnancy or are caused by pregnancy, such as acute nephritis, nephrosis, cardiac57
decompensation, missed abortion, pre-eclampsia preeclampsia, intrauterine fetal growth58
retardation restriction, and similar medical and surgical conditions of comparable59
severity; but the term shall not include false labor, occasional spotting, physician60
prescribed rest during the period of pregnancy, morning sickness, hyperemesis61
gravidarum, and similar conditions associated with the management of a difficult62
pregnancy not constituting a nosologically distinct complication of pregnancy; and"63
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SECTION 3.64
Said chapter is further amended by revising subsection (b) of Code Section 33-24-59.33,65
relating to required coverage for biomarker testing, as follows:66
"(b)(1) All health benefit policies renewed or issued on or after July 1, 2023, shall67
include coverage for biomarker testing as provided in this Code section.68
(2)  All health benefit policies renewed or issued on or after July 1, 2024, shall include69
coverage for biomarker testing for preeclampsia as provided for in Code Section70
31-12-15."71
SECTION 4.72
Code Section 49-4-159.3 of the Official Code of Georgia Annotated, relating to biomarker73
testing for Medicaid recipients, is amended by revising subsection (b) as follows:74
"(b)  The department shall provide biomarker testing for Medicaid recipients in accordance75
with the requirements of Code Section 31-12-15 and this Code section."76
SECTION 5.77
All laws and parts of laws in conflict with this Act are repealed.78
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