LC 33 9827ERS
The House Committee on Rules offers the following substitute to SB 131:
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 2 of Title 37 of the Official Code of Georgia Annotated,1
relating to general provisions regarding the administration of mental health, developmental2
disabilities, addictive diseases, and other disability services, so as to add a member to the3
Behavioral Health Coordinating Council; to establish a parity compliance review panel; to4
provide for its composition and duties; to require health care providers to report parity5
concerns to the panel; to provide for evaluation of parity concerns reported; to provide for6
recommendations for punitive actions; to provide for definitions; to provide for related7
matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Article 1 of Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to11
general provisions regarding the administration of mental health, developmental disabilities,12
addictive diseases, and other disability services, is amended in Code Section 37-2-4, relating13
to the Behavioral Health Coordinating Council and its membership, meetings, and14
obligations, by revising subsections (a) and (c.1) and by adding a new subsection to read as15
follows:16
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"(a) There is created the Behavioral Health Coordinating Council. The council shall17
consist of the commissioner of behavioral health and developmental disabilities; the18
commissioner of early care and learning; the commissioner of community health; the19
commissioner of public health; the commissioner of human services; the commissioner of20
juvenile justice; the commissioner of corrections; the commissioner of veterans service; the21
commissioner of community supervision; the commissioner of community affairs; the22
commissioner of the Technical College System of Georgia; the Commissioner of Labor;23
the State School Superintendent; the Insurance Commissioner; the chairperson of the State24
Board of Pardons and Paroles; a behavioral health expert employed by the University25
System of Georgia, designated by the chancellor of the university system; two members,26
appointed by the Governor; the ombudsman appointed pursuant to Code Section 37-2-32;27
the Child Advocate for the Protection of Children; an expert on early childhood mental28
health, appointed by the Governor; an expert on child and adolescent health, appointed by29
the Governor; a pediatrician, appointed by the Governor; an adult consumer of public30
behavioral health services, appointed by the Governor; a family member of a consumer of31
public behavioral health services, appointed by the Governor; a parent of a child receiving32
public behavioral health services, appointed by the Governor; a member of the House of33
Representatives, appointed by the Speaker of the House of Representatives; and a member34
of the Senate, appointed by the President of the Senate."35
"(c.1) The commissioner of behavioral health and developmental disabilities, the36
commissioner of early care and learning, the commissioner of community health, the37
commissioner of public health, the commissioner of human services, the commissioner of38
juvenile justice, the commissioner of corrections, the commissioner of veterans service, the39
commissioner of community supervision, the commissioner of community affairs, the40
commissioner of the Technical College System of Georgia, the Commissioner of Labor,41
the State School Superintendent, the Insurance Commissioner, and the chairperson of the42
State Board of Pardons and Paroles shall each be authorized to be represented by a delegate43
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or agent at any meeting of the council or subcommittee meeting. Any such delegate or44
agent shall be counted toward a quorum, shall have all voting privileges as the member's45
delegate or agent, and shall not be considered an absence of the member."46
"(j) The council shall serve in an advisory role for the parity compliance review panel47
established pursuant to Code Section 37-2-12."48
SECTION 2.49
Said article is further amended by adding a new Code section to read as follows:50
"37-2-12.51
(a) As used in this Code section, the term:52
(1) 'Health care provider' means any health care professional licensed under Title 43 or53
any hospital or other health care facility licensed or regulated under Chapter 7 of Title 3154
or under this title.55
(2) 'Health insurer' has the same meaning as provided for in subsection (a) of Code56
Section 33-1-27.57
(3) 'Panel' means the parity compliance review panel established pursuant to this Code58
section.59
(4) 'Parity concerns' means actual or potential violations by health insurers and state60
health care entities of the requirements contained in:61
(A) Code Sections 33-1-27 and 33-21A-13, including, without limitation, the failure62
to use the statutory definitions of 'medically necessary' or 'generally accepted standards63
of mental health and substance use disorder care'; and64
(B) Code Section 33-24-59.10 and 42 U.S.C. Section 1905(r).65
(5) 'State health care entity' has the same meaning as provided for in subsection (a) of66
Code Section 33-21A-13.67
(b) There is established a parity compliance review panel within the council to be68
composed of:69
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(1) The following members of the council:70
(A) The commissioner of community health, or his or her designee;71
(B) The commissioner of behavioral health and developmental disabilities, or his or her72
designee;73
(C) The commissioner of human services, or his or her designee; and74
(D) The Insurance Commissioner, or his or her designee; and75
(2) The following appointed members:76
(A) Two mental health clinicians, appointed by the Governor;77
(B) Two senior executives of facilities or systems providing mental health care,78
appointed by the Governor;79
(C) One mental health advocate, appointed by the President of the Senate; and80
(D) One mental health advocate, appointed by the Speaker of the House of81
Representatives.82
(c)(1) Health care providers shall be required to report parity concerns in the manner and83
pursuant to the forms and periodicity, if any, adopted by the panel.84
(2) Any such reports shall:85
(A) Enable the submission of information by health care providers of actions or86
practices of concern that are not specifically listed in a form; and87
(B) Recognize the need to distinguish reporting content relevant for health care88
providers in general hospitals, inpatient or residential psychiatric treatment facilities,89
and emergency department or outpatient settings.90
(3) The panel shall encourage feedback from health care providers during the91
development of any reporting form, including, without limitation, feedback provided to92
the two senior executives of facilities or systems providing mental health care appointed93
to the panel by the Governor.94
(4) The panel shall have no authority to impose financial penalties on a health care95
provider for failing to report a parity concern.96
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(d) The panel shall establish a simple and intuitive process to receive parity concerns97
reported by health care providers pursuant to subsection (c) of this Code section. The panel98
shall evaluate submitted parity concerns to determine whether a health insurer or state99
health care entity is in violation of mental health parity laws. Based on such evaluation,100
the panel shall make recommendations as to appropriate punitive actions, if any, that may101
be warranted for a health insurer to the Commissioner of Insurance for violations of Code102
Section 33-1-27 and for a state health care entity to the commissioner of community health103
for violations of Code Section 33-21A-13.104
(e) The panel shall be authorized to:105
(1) Receive and analyze required reports from insurance companies and health care106
providers;107
(2) Request additional information from health insurers or state health care entities108
regarding potential mental health parity violations, including determinations of medical109
necessity;110
(3) Create and review educational materials for consumers and health care providers111
relating to compliance with mental health parity laws. Such educational materials shall112
include information on the concept of mental health parity, individuals' rights, and the113
complaint processes established pursuant to subsection (e) of Code Section 33-1-27,114
subsection (e) of Code Section 33-21A-13, and subsection (d) of this Code section. All115
such educational materials shall be culturally and linguistically sensitive, to the extent116
practicable; available in multiple languages; widely distributed; and offered in various117
formats, such as on a public website, in a brochure, and in written documentation; and118
(4) Consult and coordinate with the Governor's office, the Department of Community119
Health, and the office of the Commissioner of Insurance to establish criteria and120
procedures for the panel in formulating recommendations relating to punitive action for121
insurance companies that are not compliant with mental health parity laws.122
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(f) Subject to available funds, the panel shall establish a team to support the work of the123
panel, including, but not limited to, research, report preparation, and creation of educational124
materials."125
SECTION 3.126
All laws and parts of laws in conflict with this Act are repealed.127
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