Georgia 2023-2024 Regular Session

Georgia Senate Bill SB35 Compare Versions

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1-24 SB 35/AP
2-Senate Bill 35
3-By: Senators Merritt of the 9th, Jones II of the 22nd, Butler of the 55th, Harbison of the 15th,
4-Parent of the 42nd and others
5-AS PASSED
1+LC 44 2396S
2+- 1 -
3+The House Committee on Rules offers the following substitute to SB 35:
64 A BILL TO BE ENTITLED
75 AN ACT
8-To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated,
9-1
10-relating to medical assistance generally, so as to require the Department of Community2
11-Health to include continuous glucose monitors as a benefit for Medicaid recipients via the3
12-most cost-effective benefit delivery channel; to provide for coverage criteria; to provide for4
13-certain consultations by treating practitioners; to provide for related matters; to provide for5
14-an effective date; to repeal conflicting laws; and for other purposes.6
15-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
16-SECTION 1.8
17-Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to9
18-medical assistance generally, is amended by adding a new Code section to read as follows:10
19-"49-4-159.2.
20-11
21-(a) On and after July 1, 2023, the department shall include coverage for continuous12
22-glucose monitors as a benefit under Medicaid via the most cost-effective benefit delivery13
23-channel. The criteria for such coverage shall be updated to align with current standards of14
24-care and shall include, but shall not be limited to, requirements that:15
25-(1) The recipient has been diagnosed with diabetes mellitus by a treating practitioner;16
26-S. B. 35
27-- 1 - 24 SB 35/AP
28-(2) The recipient's treating practitioner has concluded that the recipient or the recipient's17
29-caregiver has had sufficient training in using a continuous glucose monitor as evidenced18
30-by the provision of a prescription therefor; and19
31-(3) The recipient:20
32-(A) Is treated with at least one daily administration of insulin; or21
33-(B) Has a history of problematic hypoglycemia with documentation of at least one of22
34-the following:23
35-(i) Recurrent level 2 hypoglycemic events (glucose less than 54 mg/dL (3.0 mmol/L))24
36-that persist despite two or more attempts to adjust medication, modify the diabetes25
37-treatment plan, or both; or26
38-(ii) A history of a level 3 hypoglycemic event (glucose less than 54 mg/dL27
39-(3.0 mmol/L)) characterized by altered mental or physical state requiring third-party28
40-assistance for treatment for hypoglycemia.29
41-(b) Within six months prior to prescribing a continuous glucose monitor for a recipient,30
42-the treating practitioner shall have had an in-person or telehealth visit with the recipient to31
43-evaluate the recipient's diabetes control and shall have concluded that the recipient meets32
44-the criteria set forth in subsection (a) of this Code section.33
45-(c) Every six months following the initial prescription of a continuous glucose monitor,34
46-the treating practitioner shall have an in-person or telehealth visit with the recipient to35
47-assess adherence to his or her continuous glucose monitor regimen and diabetes treatment36
48-plan."37
49-SECTION 2.38
50-This Act shall become effective on July 1, 2023.39
51-SECTION 3.40
52-All laws and parts of laws in conflict with this Act are repealed.41
53-S. B. 35
6+To amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated,1
7+relating to the Claims Advisory Board, so as to create the Wrongful Conviction2
8+Compensation Review Panel; to provide for a short title; to provide for applicability; to3
9+provide for definitions; to provide for the composition of such panel; to provide for the4
10+burden of proof and evidence to be considered by such panel; to provide for evaluation of5
11+claims by such panel; to provide for notice of claims, forms, and hearings; to provide for6
12+such panel to make recommendations to such board; to provide for payments; to provide for7
13+related matters; to repeal conflicting laws; and for other purposes.8
14+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
15+SECTION 1.10
16+Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the11
17+Claims Advisory Board, is amended in Part 1, relating to general provisions, by revising12
18+Code Section 28-5-60, relating to such board's creation, membership, and representation of13
19+members by deputies or other designated employees, as follows:14 LC 44 2396S
5420 - 2 -
21+"28-5-60.15
22+(a) As used in this article, the term:16
23+(1) 'Board' means the Claims Advisory Board created in subsection (b) of this Code17
24+section.18
25+(2) 'The state or any of its departments or agencies' means any department, agency,19
26+bureau, or commission of state government, excluding state authorities, and also20
27+excluding any county or municipal department, agency, bureau, commission, or authority.21
28+(b) There is created the Claims Advisory Board, hereinafter called the board, to be22
29+composed of the Secretary of State, who shall be the chairman chairperson, the23
30+commissioner of human services, the commissioner of corrections, and the commissioner24
31+of transportation. Whenever the board takes any official action authorized under the law25
32+or duly promulgated rules and regulations, three of the members shall constitute a quorum,26
33+; however, any of those individuals named above may be represented by a deputy or other27
34+designated employee; and any such action shall be valid if any two of the remaining three28
35+individuals members are present during such action. Any board member may be29
36+represented by a deputy or other designated employee, and such individual's actions shall30
37+have the same effect as a board member's actions.31
38+(b)(c) The Claims Advisory Board board is assigned to the Secretary of State for32
39+administrative purposes only as prescribed in Code Section 50-4-3."33
40+SECTION 2.34
41+Said article is further amended in said part by repealing Code Section 28-5-60.1, relating to35
42+"the state or any of its departments or agencies" defined, in its entirety.36
43+SECTION 3.37
44+Said article is further amended in Part 2, relating to claims against state or departments or38
45+agencies, by adding a new Code section to read as follows:39 LC 44 2396S
46+- 3 -
47+"28-5-87.40
48+The provisions of this part shall not apply to a claim made pursuant to Part 4 of this article."41
49+SECTION 4.42
50+Said article is further amended by adding a new part to read as follows:43
51+"Part 444
52+28-5-110.45
53+This part shall be known and may be cited as the 'Wrongful Conviction Compensation Act.'46
54+28-5-111.47
55+(a) As used in this part, the term:48
56+(1) 'Exonerated' means an individual:49
57+(A) Had his or her judgment of conviction reversed or vacated, or was granted a new50
58+trial, and had the indictment or accusation dismissed or nolle prossed;51
59+(B) Had his or her judgment of conviction reversed or vacated, or was granted a new52
60+trial and, upon retrial, acquitted; or53
61+(C) Received a pardon based on innocence.54
62+(2) 'Panel' means the Wrongful Conviction Compensation Review Panel.55
63+(b) The board shall have the authority to consider claims of wrongful conviction and56
64+recommend compensation pursuant to this part to the Chief Justice of the Supreme Court57
65+of Georgia.58
66+(c)(1) For purposes of considering claims of wrongful conviction and making59
67+recommendations of compensation to the board pursuant to this part, there is created the60
68+Wrongful Conviction Compensation Review Panel, to be formed under the board.61 LC 44 2396S
69+- 4 -
70+(2) The panel shall consist of five members, and each member shall serve for a term of62
71+three years; provided, however, that the two members first appointed under63
72+subparagraphs (A) and (B) of this paragraph shall be appointed for an initial term of one64
73+year and the two members first appointed under subparagraphs (C) and (D) of this65
74+paragraph shall be appointed for an initial term of two years; provided, however, that any66
75+member appointed to a partial initial term may serve two additional successive terms or67
76+until his or her successor has been appointed. Any member of the panel may serve two68
77+successive terms or until his or her successor has been appointed. The members of the69
78+panel shall be:70
79+(A) A judge, retired judge, or retired justice who presides over felony criminal matters71
80+in any state court of record, appointed by the Chief Justice of the Supreme Court of72
81+Georgia;73
82+(B) A current district attorney appointed by the Governor;74
83+(C) A criminal defense attorney appointed by the Governor;75
84+(D) An attorney, forensic science expert, or law professor, with expertise in wrongful76
85+convictions, appointed by the Speaker of the House of Representatives; and77
86+(E) An attorney, forensic science expert, or law professor, with expertise in wrongful78
87+convictions, appointed by the President of the Senate.79
88+(3) The members of the panel shall designate one of the members as the panel's80
89+chairperson.81
90+(4) The panel shall have the authority to promulgate rules and regulations to govern its82
91+consideration of claims brought before the panel and the recommendations by the panel83
92+to the board.84
93+28-5-112.85
94+(a) In order to be eligible for compensation under this part, a claimant shall establish by86
95+a preponderance of evidence to the panel that:87 LC 44 2396S
96+- 5 -
97+(1) The claimant was convicted of one or more felonies and subsequently incarcerated;88
98+(2) The claimant proclaims his or her innocence;89
99+(3) The claimant did not commit or suborn perjury, fabricate evidence, or engage in90
100+conduct intended to bring about the conviction. A confession later found to be false, an91
101+admission of guilt later found to be false, or a guilty plea shall not constitute committing92
102+or suborning perjury, fabricating evidence, or engaging in conduct intended to bring93
103+about the conviction under this part; and94
104+(4) The claimant was exonerated of the crime for which the claim for compensation for95
105+wrongful conviction and incarceration is being made.96
106+(b) In order to receive compensation under this part, the claimant shall establish by a97
107+preponderance of evidence to the panel that:98
108+(1) The claimant received a pardon based on innocence for the conviction;99
109+(2) The claimant was exonerated based on grounds of innocence; or100
110+(3) The claimant did not commit the crime for which the claimant was convicted and did101
111+not commit any lesser included offenses.102
112+(c) The panel, in evaluating a claim brought under this part, may, in the interest of justice,103
113+give due consideration to difficulties of proof caused by the passage of time, the death or104
114+unavailability of witnesses, the destruction of evidence, and other factors not caused by the105
115+claimant or those acting on his or her behalf.106
116+(d) The panel is authorized to determine:107
117+(1) Whether a claimant qualified for compensation under this part; and108
118+(2) The recommended amount of compensation, if any, with any such amount to be109
119+included in the board's transmittal provided for in subsection (b) of Code110
120+Section 28-5-115.111 LC 44 2396S
121+- 6 -
122+28-5-113.112
123+(a) No claim for payment of compensation under this part shall be considered by the panel113
124+unless a notice of claim has been filed with the board within three years after the date the114
125+claimant's eligibility has been established as set forth in paragraph (4) of subsection (a) of115
126+Code Section 28-5-112 or within three years of July 1, 2023, whichever occurs later.116
127+(b) The panel shall provide forms to be used in filing a notice of claim and shall make117
128+them available for such purpose. The forms shall specify what evidence the panel will118
129+require in order to process a claim pursuant to subsections (a) and (b) of Code119
130+Section 28-5-112. Such information shall include documentation supporting a claimant's120
131+eligibility for compensation and showing of innocence. If a claim does not contain all121
132+information requested in the form, the panel shall contact the claimant to request this122
133+information, in writing, within 30 days of discovering the information is missing, and123
134+provide the claimant 60 days to supplement his or her claim.124
135+(c) Once the panel is in receipt of all information requested under subsection (b) of this125
136+Code section, and if the panel determines the claimant is eligible under subsection (a) of126
137+Code Section 28-5-112 for consideration for compensation, the panel shall, within 90 days127
138+of receiving the notice of claim and requested information:128
139+(1) Conduct a hearing if it determines a hearing is necessary to make a recommendation129
140+under this part; or130
141+(2) Make a provisional judgment on the eligibility of the claimant and the recommended131
142+award and provide its provisional judgment to the claimant. Upon receiving notice of the132
143+panel's provisional judgment, the claimant shall have 14 days to request a hearing before133
144+the panel if the claimant wishes for further review of his or her claim. If the claimant134
145+requests a hearing under this paragraph, the panel shall conduct a hearing within 60 days.135
146+(d) In the event a hearing is to be held, the claimant, the district attorney for the circuit in136
147+which the conviction occurred, and the Attorney General shall be notified of the date, time,137
148+and place of the hearing and shall be entitled to present evidence at such hearing.138 LC 44 2396S
149+- 7 -
150+(e) Proceedings before the panel shall be governed by rules established by the panel. A139
151+claimant may be represented by an attorney as he or she shall choose.140
152+28-5-114.141
153+(a) Upon determining a claimant meets the criteria of subsections (a) and (b) of Code142
154+Section 28-5-112, the panel shall recommend to the board that the claimant be awarded143
155+compensation for wrongful conviction and incarceration.144
156+(b) In recommending compensation pursuant to subsection (a) of this Code section, the145
157+panel:146
158+(1) May include $120,000.00 per year, but shall include no less than $60,000.00 per year,147
159+for each year of wrongful incarceration, provided that a prorated amount shall be148
160+allocated to any partial year served; and149
161+(2) May include the claimant's incurred reasonable attorney's fees and other expenses in150
162+connection with all associated criminal and habeas corpus proceedings, obtaining the151
163+claimant's discharge from confinement, and filing of a claim for compensation under this152
164+part.153
165+(c) In calculating time of incarceration, the panel shall only include time for the charge for154
166+which the claimant is making a claim under this part consistent with the requirements of155
167+Code Section 17-10-11; provided, however, that a claimant shall not be entitled to156
168+compensation under this part for any portion of a sentence spent incarcerated during which157
169+the claimant was also serving a concurrent sentence of incarceration for another crime to158
170+which this part does not apply.159
171+(d)(1) Any payment of compensation may be made to or for the benefit of the claimant;160
172+or in the case of the death of the claimant, to or for the benefit of one or more of the heirs161
173+at law of the claimant, or, if the claimant chooses, up to one other person who is not an162
174+heir at law as designated by the claimant.163 LC 44 2396S
175+- 8 -
176+(2) Payment of compensation shall be made in the form of cash; provided, however, that164
177+payment of any amount in excess of $1.5 million shall be made in the form of an annuity165
178+as follows:166
179+(A) For a claimant who is under 60 years of age, in equal prorated amounts annually167
180+over a 20 year period; and168
181+(B) For a claimant who is 60 years of age or older, in equal prorated amounts annually169
182+over a ten-year period.170
183+(e) In recommending compensation pursuant to subsection (a) of this Code section, the171
184+panel shall strive for consistency between claimants.172
185+(f) The dollar amounts specified in this Code section shall be adjusted annually by an173
186+amount calculated by multiplying such dollar amounts (as adjusted for the preceding year)174
187+by the annual percentage change in the consumer price index, or its successor or175
188+appropriate replacement index, if any, published by the United States Department of Labor176
189+for the preceding calendar year, commencing on July 1, 2023.177
190+28-5-115.178
191+(a) Within six months, or within a year if a hearing was held, of receiving the claimant's179
192+notice of claim and all information requested under subsection (b) of Code180
193+Section 28-5-113, the panel shall prepare a written recommendation to the board including:181
194+(1) A statement of its findings as to whether the claimant has met the requirements of182
195+subsections (a) and (b) of Code Section 28-5-112;183
196+(2) A statement explaining the panel's calculation of compensable time; and184
197+(3) A statement detailing the amount and forms of compensation.185
198+(b) The board shall adopt the recommendation of the panel as its own and upon adopting186
199+the recommendation of the panel shall transmit the recommendation and the statement of187
200+the panel to the Chief Justice of the Supreme Court of Georgia within seven days of188
201+receiving it from the panel.189 LC 44 2396S
202+- 9 -
203+(c) If the Chief Justice of the Supreme Court of Georgia receives the recommendation of190
204+the board on or before September 1, he or she shall include the compensation191
205+recommended by the board under this part in the amended budget for the Judicial Council192
206+of Georgia for the current fiscal year. If the Chief Justice of the Supreme Court of Georgia193
207+receives the recommendation of the board after September 1, he or she shall include the194
208+compensation recommended by the board under this part in the budget for the Judicial195
209+Council of Georgia for the next fiscal year.196
210+(d) Any award of compensation made pursuant to this part shall not be:197
211+(1) Subject to any monetary limitation of damages awarded in civil actions;198
212+(2) Subject to any state income taxes; provided, however, that the award of attorney's199
213+fees shall be subject to taxation; or200
214+(3) Offset by any expense incurred by this state or any political subdivision thereof201
215+related to the claimant's incarceration.202
216+(e) The General Assembly waives sovereign immunity of this state for the purpose of203
217+authorizing payment of claims against this state pursuant to the authority of this part.204
218+(f) No award of compensation pursuant to this part shall be disbursed to a claimant who205
219+had his or her judgment of conviction reversed or vacated, or was granted a new trial, and206
220+had the indictment or accusation dismissed or nolle prossed until the time period set forth207
221+in Code Section 17-3-3 has lapsed or the prosecutor has affirmatively declined further208
222+prosecution.209
223+28-5-116.210
224+(a) If, at the time a claim is made under this part to the panel, the claimant has won a211
225+monetary award against the state or any political subdivision thereof in the final judgment212
226+of a civil action related to the wrongful conviction or has entered into a settlement213
227+agreement with the state or any political subdivision thereof related to the wrongful214
228+conviction, the amount of the award in the action or the amount received in the settlement215 LC 44 2396S
229+- 10 -
230+agreement, less any sums paid to attorneys for costs in litigating other civil action or216
231+obtaining the settlement agreement, shall be deducted from the sum of money to which the217
232+panel shall usually recommend under this part.218
233+(b) If, after the time a claim is made under this part to the panel, the claimant wins a219
234+monetary award against the state or any political subdivision thereof in the final judgment220
235+of a civil action related to the wrongful conviction, the court shall deduct from such221
236+monetary award an amount equal to the sum of money awarded under this part as222
237+compensation for wrongful conviction, less any sums paid to attorneys or for costs in223
238+litigating other civil action or obtaining the settlement agreement."224
239+SECTION 5.225
240+All laws and parts of laws in conflict with this Act are repealed.226