Georgia 2025-2026 Regular Session

Georgia House Bill HB649 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 46 1202S
2		-	The House Committee on Insurance offers the following substitute to HB 649:
	1	+	25 LC 46 1159
	2	+	House Bill 649
	3	+	By: Representatives Bennett of the 94
	4	+	th
	5	+	, Oliver of the 84
	6	+	th
	7	+	, Hugley of the 141
	8	+	st
	9	+	, and Jones of
	10	+	the 25
	11	+	th
	12	+
3	13		A BILL TO BE ENTITLED
4	14		AN ACT
5		-	To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to1
	15	+	To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to
	16	+	1
6	17		general provisions relative to insurance, so as to provide for coverage for comprehensive2
7	18		maternal mental health screening and care; to provide for such screenings at specific points3
8	19		during and after pregnancy as deemed necessary by a physician or other healthcare provider;4
9	20		to provide for additional screening; to provide for referral information and resources and5
10	21		educational materials regarding perinatal mood and anxiety disorders; to provide for a pilot6
11	22		program; to provide for funding; to provide for rules and regulations; to provide for reports;7
12	23		to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated,8
13	24		relating to medical assistance generally, so as to provide for maternal mental health9
14	25		screenings for perinatal mood and anxiety disorders; to provide for related matters; to10
15	26		provide for legislative findings; to provide for a short title; to provide for an effective date11
16	27		and applicability; to provide for contingent effectiveness upon appropriation of funds; to12
17	28		repeal conflicting laws; and for other purposes.13
18	29		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
19		-	SECTION 1.15
	30	+	H. B. 649
	31	+	- 1 - 25 LC 46 1159
	32	+	SECTION 1.
	33	+	15
20	34		The General Assembly finds that:16
21		-	H. B. 649 (SUB)
22		-	- 1 - 25 LC 46 1202S
23	35		(1) Georgia has prioritized advancements in access to mental health care and addressing17
24	36		issues of maternal health and maternal mortality;18
25	37		(2) The largest demographic of Americans grappling with depression is women of19
26	38		childbearing age. The mental well-being of women before, during, and after giving birth20
27	39		is a matter of significant concern for women, their families, their communities, and their21
28		-	healthcare providers. This issue is of particular interest to the General Assembly in ~~that22~~
29		-	it has far-reaching impact on the public health and the welfare of people in this state;23
	40	+	healthcare providers. This issue is of particular interest to the General Assembly in that it22
	41	+	has far-reaching impact on the public health and the welfare of people in this state;23
30	42		(3) Maternal mental health conditions are among the most common complications of24
31	43		pregnancy and childbirth;25
32	44		(4) Statistics from experts in the field show that one in five perinatal women will26
33	45		experience mood and anxiety disorders at some time during the period spanning from27
34	46		pregnancy through 12 months after the birth of a child;28
35		-	(5) Maternal depression, anxiety, and other mood disorders can be ~~debilitating29~~
36		-	~~conditions,~~ but they are treatable if properly diagnosed;30
	47	+	(5) Maternal depression, anxiety, and other mood disorders can be debilitating conditions,29
	48	+	but they are treatable if properly diagnosed;30
37	49		(6) Early identification and treatment of maternal mental health conditions significantly31
38	50		improves outcomes for mothers and children;32
39	51		(7) Children born to mothers with untreated depression face a higher likelihood of33
40	52		encountering developmental challenges and increased utilization of medical and mental34
41	53		health services throughout their lives;35
42	54		(8) It is imperative, then, in order to protect and promote public health and welfare, to36
43	55		ensure the prompt diagnosis and treatment of women experiencing postpartum depression37
44	56		or other maternal mental health disorders;38
45	57		(9) The American Medical Association, the American College of Obstetrics and39
46	58		Gynecology, the American College of Nurse Midwives, and the American Academy of40
47		-	Pediatrics recommend perinatal mental health screenings at certain intervals for all41
	59	+	H. B. 649
	60	+	- 2 - 25 LC 46 1159
	61	+	Pediatrics recommend perinatal mental health screenings at certain intervals for all
	62	+	41
48	63		pregnant and postpartum women;42
49		-	H. B. 649 (SUB)
50		-	- 2 - 25 LC 46 1202S
51	64		(10) Universal maternal mental health screening questionnaires test for the presence of43
52	65		prenatal or postpartum mood disorders through validated, evidence based tools;44
53	66		(11) These screening questionnaires are available at little to no cost;45
54		-	(12) In order to preserve and promote maternal health and strong families, it is46
55		-	imperative that the State of Georgia provide access to periodic mental health screening47
56		-	questionnaires for women throughout and after their pregnancies; and48
57		-	(13) There is a critical need to ensure equitable access to maternal mental health49
58		-	screening and care across Georgia, particularly in rural and other underserved50
59		-	communities.51
60		-	SECTION 2.52
61		-	This Act shall be known and may be cited as the "Georgia Maternal Mental Health53
62		-	Improvement Act."54
63		-	SECTION 3.55
64		-	Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general56
65		-	provisions relative to insurance, is amended by adding a new Code section to read as follows:57
66		-	"33-1-28.58
67		-	(a) As used in this Code section, the term:59
68		-	(1) 'Maternal mental health screening' means the use of an independent, evidence based60
69		-	screening instrument that is in accordance with nationally recognized clinical practice61
70		-	guidelines developed by independent organizations or medical professional societies62
71		-	utilizing a transparent methodology and reporting structure and with a conflict-of-interest63
72		-	policy. Such guidelines establish standards of care informed by a systematic review of64
73		-	evidence and an assessment of the benefits and risks of alternative care options and65
74		-	include recommendations intended to optimize patient care.66
75		-	(2) 'Medically necessary' has the same meaning as in Code Section 33-1-27.67
76		-	H. B. 649 (SUB)
77		-	- 3 - 25 LC 46 1202S
78		-	(3) 'Mental healthcare provider' means any person licensed under Title 43 to provide68
79		-	prenatal, labor and delivery, or postpartum care, including without limitation physicians,69
80		-	psychiatrists, psychologists, advanced practice registered nurses, physician assistants,70
81		-	licensed clinical social workers, and licensed professional counselors and marriage and71
82		-	family therapists.72
83		-	(4) 'Telehealth services' means services provided via two-way, real-time interactive73
84		-	communication between a patient and a mental healthcare provider at a distant site74
85		-	through telecommunications equipment, which services are compliant with federal Health75
86		-	Insurance Portability and Accountability Act of 1996 (HIPAA) privacy, security, and76
87		-	breach notification rules.77
88		-	(b) Each health benefit policy issued, delivered, or renewed in this state shall provide78
89		-	coverage for medically necessary:79
90		-	(1) Maternal mental health screening during the prenatal period and 12 months80
91		-	postpartum; and81
92		-	(2) Care and treatment for those screenings positive for maternal mental health82
93		-	conditions.83
94		-	(c) All of the services provided in this Code section shall be covered whether provided in84
95		-	person or through telehealth services.85
96		-	(d) The provisions of this Code section shall apply to all policies, contracts, and86
97		-	certificates executed, delivered, issued for delivery, continued, or renewed in this state on87
98		-	or after January 1, 2026."88
99		-	SECTION 4.89
100		-	Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to90
101		-	medical assistance generally, is amended by adding a new Code section to read as follows:91
102		-	H. B. 649 (SUB)
103		-	- 4 - 25 LC 46 1202S
104		-	"49-4-159.5.92
105		-	(a) Except in cases where the woman refuses the maternal mental health screening, a93
106		-	pregnant or postpartum woman seeking healthcare from a physician or other healthcare94
107		-	provider shall be screened for perinatal mood and anxiety disorders, as determined95
108		-	necessary:96
109		-	(1) At the pregnant woman's first prenatal visit;97
110		-	(2) When the pregnant woman is between 28 to 32 weeks' gestation;98
111		-	(3) Between delivery and discharge from the facility where the pregnant woman gives99
112		-	birth;100
113		-	(4) At the woman's six-week postpartum obstetrical visit;101
114		-	(5) If there is a pregnancy loss and at the follow-up obstetric visit after such loss; and102
115		-	(6) At a pediatric visit occurring when the infant is three months of age or, if there is no103
116		-	such visit, at the postpartum woman's healthcare visit any time from three months to one104
117		-	year after pregnancy loss or delivery.105
118		-	(b) The right to refuse the mental health screening described in subsection (a) of this Code106
119		-	section shall not exist for a patient determined by the physician or other healthcare provider107
120		-	to be mentally incompetent.108
121		-	(c)(1) The maternal mental health screening provided for in subsection (a) of this Code109
122		-	section shall be conducted by the physician or other healthcare provider who is providing110
123		-	prenatal, obstetric, or postpartum care of the pregnant woman or pediatric care of the111
124		-	woman's infant, as deemed necessary by such physician or healthcare provider. Each112
125		-	such screening shall utilize questionnaires that conform with nationally recognized113
126		-	clinical practice guidelines and shall be used for the purposes of diagnosis, treatment,114
127		-	appropriate management, or ongoing monitoring of a woman's mental health, well-being,115
128		-	disease, or condition as supported by medical and scientific evidence.116
129		-	(2) Additional maternal mental health screenings, which may be refused, may be117
130		-	conducted at any other point during the pregnancy or the postpartum period as deemed118
131		-	H. B. 649 (SUB)
132		-	- 5 - 25 LC 46 1202S
133		-	necessary by the physician or other healthcare provider. Appropriate referral information119
134		-	and resources addressing perinatal mood or anxiety disorders shall be provided during120
135		-	such screenings.121
136		-	(d) A physician or other healthcare provider who provides obstetric or pediatric care shall122
137		-	provide educational materials through electronic or other means on the signs and symptoms123
138		-	of perinatal mood and anxiety disorders to pregnant and postpartum women under his or124
139		-	her care, or to mothers of children under his or her care, as deemed necessary by such125
140		-	physician or healthcare provider.126
141		-	(e) This Code section shall not preclude any other healthcare provider acting within his or127
142		-	her scope of practice from screening for maternal mental health conditions or from128
143		-	providing referral information and resources or educational materials on perinatal mood129
144		-	and anxiety disorders.130
145		-	(f) The department shall establish a comprehensive quality metrics program that includes131
146		-	the following:132
147		-	(1) Process measures, including but not limited to:133
148		-	(A) Percentage of eligible patients screened at each required interval;134
149		-	(B) Time from positive screen to first behavioral health contact;135
150		-	(C) Completion rates for referrals to behavioral health services; and136
151		-	(D) Utilization rates of telehealth services;137
152		-	(2) Outcome measures, including but not limited to:138
153		-	(A) Rates of postpartum depression and anxiety identification;139
154		-	(B) Emergency department utilization for mental health concerns;140
155		-	(C) Psychiatric hospitalization rates; and141
156		-	(D) Duration of treatment engagement;142
157		-	(3) Equity measures, including but not limited to:143
158		-	(A) Screening and treatment rates stratified by race, ethnicity, and geographic location;144
159		-	and145
160		-	H. B. 649 (SUB)
161		-	- 6 - 25 LC 46 1202S
162		-	(B) Disparities in access to care and outcomes; and146
163		-	(4) Patient experience measures, including but not limited to:147
164		-	(A) Satisfaction with screening process;148
165		-	(B) Perceived barriers to care; and149
166		-	(C) Experiences with telehealth services.150
167		-	(g) The department shall establish a three-year pilot program for remote maternal mental151
168		-	health screening and monitoring no later than January 1, 2026, that shall:152
169		-	(1) Prioritize high-risk populations and rural communities;153
170		-	(2) Include telehealth services;154
171		-	(3) Integrate with existing maternal health programs including home visiting services;155
172		-	and156
173		-	(4) Collect data on program effectiveness and barriers to care.157
174		-	(h) The department may allocate sufficient funds to support:158
175		-	(1) Technology infrastructure and support;159
176		-	(2) Provider training and technical assistance; and160
177		-	(3) Program evaluation and reporting.161
178		-	(i) The department shall:162
179		-	(1) Promulgate rules and regulations necessary to implement this chapter;163
180		-	(2) Establish a process for monitoring compliance; and164
181		-	(3) Report annually to the Senate Health and Human Services Committee and the House165
182		-	Committees on Health and Public Health on the implementation progress and outcomes166
183		-	of the requirements of this Code section.167
184		-	(j) The annual report provided in subsection (i) of this Code section shall be required from168
185		-	July 1, 2026, through July 1, 2028.169
186		-	(k) To implement the provisions of this Code section, the department shall, when170
187		-	necessary submit a Medicaid state plan amendment or waiver request to the United States171
188		-	Department of Health and Human Services."172
189		-	H. B. 649 (SUB)
190		-	- 7 - 25 LC 46 1202S
191		-	SECTION 5.173
192		-	This Act shall become effective on January 1, 2026, only if prior to such date, funds are174
193		-	specifically appropriated for the purposes of this Act in an appropriations Act making175
194		-	specific reference to this Act.176
195		-	SECTION 6.177
196		-	All laws and parts of laws in conflict with this Act are repealed.178
197		-	H. B. 649 (SUB)
	67	+	(12) In order to preserve and promote maternal health and strong families, it is imperative46
	68	+	that the State of Georgia provide access to periodic mental health screening questionnaires47
	69	+	for women throughout and after their pregnancies; and48
	70	+	(13) There is a critical need to ensure equitable access to maternal mental health screening49
	71	+	and care across Georgia, particularly in rural and other underserved communities.50
	72	+	SECTION 2.51
	73	+	This Act shall be known and may be cited as the "Georgia Maternal Mental Health52
	74	+	Improvement Act."53
	75	+	SECTION 3.54
	76	+	Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general55
	77	+	provisions relative to insurance, is amended by adding a new Code section to read as follows:56
	78	+	"33-1-28.
	79	+	57
	80	+	(a) As used in this Code section, the term:58
	81	+	(1) 'Maternal mental health screening' means the use of an independent, evidence based59
	82	+	screening instrument that is generally recognized by mental healthcare providers for60
	83	+	identifying maternal mental health conditions, including without limitation screening61
	84	+	instruments issued or recommended by nonprofit healthcare provider professional62
	85	+	associations and specialty societies.63
	86	+	(2) 'Medically necessary' has the same meaning as in Code Section 33-1-27.64
	87	+	H. B. 649
	88	+	- 3 - 25 LC 46 1159
	89	+	(3) 'Mental healthcare provider' means any person licensed under Title 43 to provide65
	90	+	prenatal, labor and delivery, or postpartum care, including without limitation physicians,66
	91	+	psychiatrists, psychologists, advanced practice registered nurses, physician assistants,67
	92	+	licensed clinical social workers, and licensed professional counselors and marriage and68
	93	+	family therapists.69
	94	+	(4) 'Telehealth services' means services provided via two-way, real-time interactive70
	95	+	communication between a patient and a mental healthcare provider at a distant site71
	96	+	through telecommunications equipment, which services are compliant with federal Health72
	97	+	Insurance Portability and Accountability Act of 1996 (HIPAA) privacy, security, and73
	98	+	breach notification rules.74
	99	+	(b) Each health benefit policy issued, delivered, or renewed in this state shall provide75
	100	+	coverage for:76
	101	+	(1) Maternal mental health screening during the prenatal period and 12 months77
	102	+	postpartum; and78
	103	+	(2) Care and treatment for those screenings positive for maternal mental health79
	104	+	conditions.80
	105	+	(c) The coverage provided in subsection (b) of this Code section shall include the81
	106	+	following:82
	107	+	(1) Initial screening during the first prenatal visit;83
	108	+	(2) Follow-up screening during the second or third trimester;84
	109	+	(3) Screening during the six-week postpartum visit;85
	110	+	(4) Additional screenings at three, six, and 12 months postpartum; and86
	111	+	(5) Additional screenings as deemed medically necessary by a mental healthcare87
	112	+	provider.88
	113	+	(d) All of the services provided in this Code section shall be covered whether provided in89
	114	+	person or through telehealth services.90
	115	+	H. B. 649
	116	+	- 4 - 25 LC 46 1159
	117	+	(e) To implement the provisions of this Code section, the department shall, when91
	118	+	necessary, submit a Medicaid state plan amendment or waiver request to the United States92
	119	+	Department of Health and Human Services.93
	120	+	(f) The provisions of this Code section shall apply to all policies, contracts, and certificates94
	121	+	executed, delivered, issued for delivery, continued, or renewed in this state on or after95
	122	+	January 1, 2026."96
	123	+	SECTION 4.97
	124	+	Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to98
	125	+	medical assistance generally, is amended by adding a new Code section to read as follows:99
	126	+	"49-4-159.5.100
	127	+	(a) Except in cases where the woman refuses the maternal mental health screening, a101
	128	+	pregnant or postpartum woman seeking healthcare from a physician or other healthcare102
	129	+	provider shall be screened for perinatal mood and anxiety disorders, as determined103
	130	+	necessary:104
	131	+	(1) At the pregnant woman's first prenatal visit;105
	132	+	(2) When the pregnant woman is between 28 to 32 weeks' gestation;106
	133	+	(3) Between delivery and discharge from the facility where the pregnant woman gives107
	134	+	birth;108
	135	+	(4) At the woman's six-week postpartum obstetrical visit;109
	136	+	(5) If there is a pregnancy loss and at the follow-up obstetric visit after such loss; and110
	137	+	(6) At a pediatric visit occurring when the infant is three months of age or, if there is no111
	138	+	such visit, at the postpartum woman's healthcare visit any time from three months to one112
	139	+	year after pregnancy loss or delivery.113
	140	+	(b) The right to refuse the mental health screening described in subsection (a) of this Code114
	141	+	section shall not exist for a patient determined by the physician or other healthcare provider115
	142	+	to be mentally incompetent.116
	143	+	H. B. 649
	144	+	- 5 - 25 LC 46 1159
	145	+	(c)(1) The maternal mental health screening provided for in subsection (a) of this Code117
	146	+	section shall be conducted by the physician or other healthcare provider who is providing118
	147	+	prenatal, obstetric, or postpartum care of the pregnant woman or pediatric care of the119
	148	+	woman's infant, as deemed necessary by such physician or healthcare provider. Each120
	149	+	such screening shall utilize questionnaires that conform with nationally recognized121
	150	+	clinical practice guidelines and shall be used for the purposes of diagnosis, treatment,122
	151	+	appropriate management, or ongoing monitoring of a woman's mental health, well-being,123
	152	+	disease, or condition as supported by medical and scientific evidence.124
	153	+	(2) Additional maternal mental health screenings, which may be refused, may be125
	154	+	conducted at any other point during the pregnancy or the postpartum period as deemed126
	155	+	necessary by the physician or other healthcare provider. Appropriate referral information127
	156	+	and resources addressing perinatal mood or anxiety disorders shall be provided during128
	157	+	such screenings.129
	158	+	(d) A physician or other healthcare provider who provides obstetric or pediatric care shall130
	159	+	provide educational materials through electronic or other means on the signs and symptoms131
	160	+	of perinatal mood and anxiety disorders to pregnant and postpartum women under his or132
	161	+	her care, or to mothers of children under his or her care, as deemed necessary by such133
	162	+	physician or healthcare provider.134
	163	+	(e) This Code section shall not preclude any other healthcare provider acting within his or135
	164	+	her scope of practice from screening for maternal mental health conditions or from136
	165	+	providing referral information and resources or educational materials on perinatal mood137
	166	+	and anxiety disorders.138
	167	+	(f) The department shall establish a comprehensive quality metrics program that includes139
	168	+	the following:140
	169	+	(1) Process measures, including but not limited to:141
	170	+	(A) Percentage of eligible patients screened at each required interval;142
	171	+	(B) Time from positive screen to first behavioral health contact;143
	172	+	H. B. 649
	173	+	- 6 - 25 LC 46 1159
	174	+	(C) Completion rates for referrals to behavioral health services; and144
	175	+	(D) Utilization rates of telehealth services;145
	176	+	(2) Outcome measures, including but not limited to:146
	177	+	(A) Rates of postpartum depression and anxiety identification;147
	178	+	(B) Emergency department utilization for mental health concerns;148
	179	+	(C) Psychiatric hospitalization rates; and149
	180	+	(D) Duration of treatment engagement;150
	181	+	(3) Equity measures, including but not limited to:151
	182	+	(A) Screening and treatment rates stratified by race, ethnicity, and geographic location;152
	183	+	and153
	184	+	(B) Disparities in access to care and outcomes; and154
	185	+	(4) Patient experience measures, including but not limited to:155
	186	+	(A) Satisfaction with screening process;156
	187	+	(B) Perceived barriers to care; and157
	188	+	(C) Experiences with telehealth services.158
	189	+	(g) The department shall establish a three-year pilot program for remote maternal mental159
	190	+	health screening and monitoring no later than January 1, 2026, that shall:160
	191	+	(1) Prioritize high-risk populations and rural communities;161
	192	+	(2) Include telehealth services;162
	193	+	(3) Integrate with existing maternal health programs including home visiting services;163
	194	+	and164
	195	+	(4) Collect data on program effectiveness and barriers to care.165
	196	+	(h) The department may allocate sufficient funds to support:166
	197	+	(1) Technology infrastructure and support;167
	198	+	(2) Provider training and technical assistance; and168
	199	+	(3) Program evaluation and reporting.169
	200	+	(i) The department shall:170
	201	+	H. B. 649
	202	+	- 7 - 25 LC 46 1159
	203	+	(1) Promulgate rules and regulations necessary to implement this chapter;171
	204	+	(2) Establish a process for monitoring compliance; and172
	205	+	(3) Report annually to the Senate Health and Human Services Committee and the House173
	206	+	Committees on Health and Public Health on the implementation progress and outcomes174
	207	+	of the requirements of this Code section.175
	208	+	(j) The annual report provided in subsection (i) of this Code section shall be required from176
	209	+	July 1, 2026, through July 1, 2028.177
	210	+	(k) The department shall be authorized to promulgate rules and regulations for the purpose178
	211	+	of administering the requirements under this Code section."179
	212	+	SECTION 5.180
	213	+	This Act shall become effective on January 1, 2026, only if prior to such date, funds are181
	214	+	specifically appropriated for the purposes of this Act in an appropriations Act making182
	215	+	specific reference to this Act.183
	216	+	SECTION 6.184
	217	+	All laws and parts of laws in conflict with this Act are repealed.185
	218	+	H. B. 649
198	219		- 8 -