Georgia 2025-2026 Regular Session

Georgia Senate Bill SB323 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 52 0772
2	2	Senate Bill 323
3	3	By: Senators James of the 28th, Jones II of the 22nd, Harrell of the 40th, Wicks of the 34th,
4	4	Davenport of the 17th and others
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	To amend Titles 31, 33, and 43 of the Official Code of Georgia Annotated, relating to health,
8	8	1
9	9	insurance, and professions and businesses, respectively, so as to provide for medically2
10	10	necessary tests for metal allergies and metal sensitivities to be administered prior to any3
11	11	cardiovascular, dental, or orthopedic surgery involving the insertion of a metal implant; to4
12	12	provide for definitions; to provide for health benefit policies to cover such tests; to provide5
13	13	for cost-sharing requirements; to provide for rules and regulations; to provide for continuing6
14	14	education requirements for dental surgeons and surgeons; to provide for requirements for7
15	15	certain healthcare providers; to provide for a private cause of action; to provide for related8
16	16	matters; to repeal conflicting laws; and for other purposes.9
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
18	18	SECTION 1.11
19	19	Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Chapter12
20	20	1, relating to general provisions, by adding a new Code section to read as follows:13
21	21	"31-1-26.
22	22	14
23	23	(a) The department, in consultation with the Georgia Board of Dentistry and the Georgia15
24	24	Composite Medical Board, shall identify and compile information on metal allergies and16
25	25	S. B. 323
26	26	- 1 - 25 LC 52 0772
27	27	metal sensitivities to identify medically necessary and recommended tests to protect17
28	28	individuals prior to any cardiovascular, dental, or orthopedic surgery involving the18
29	29	insertion of a metal implant into a human body. Such information shall be reviewed19
30	30	annually and updated, if necessary.20
31	31	(b) The information identified and compiled pursuant to subsection (a) of this Code section21
32	32	shall be posted in a prominent location on the department's website for the purpose of22
33	33	providing information to healthcare providers and the general public. Such information23
34	34	shall be annually distributed by the Georgia Board of Dentistry to all dental surgeons24
35	35	licensed to practice dentistry in this state and by the Georgia Composite Medical Board to25
36	36	all surgeons licensed to practice medicine in this state."26
37	37	SECTION 2.27
38	38	Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in28
39	39	Chapter 24, relating to insurance generally, by adding a new Code section to read as follows:29
40	40	"33-24-59.34.30
41	41	(a) As used in this Code section, the term:31
42	42	(1) 'Cost-sharing requirement' means a deductible, coinsurance, or copayment and any32
43	43	maximum limitation on the application of such deductible, coinsurance, copayment, or33
44	44	similar out-of-pocket expense.34
45	45	(2) 'Health benefit policy' means any individual or group plan, policy, or contract for35
46	46	healthcare services issued, delivered, issued for delivery, or renewed in this state which36
47	47	provides major medical benefits, including those contracts executed by the State of37
48	48	Georgia on behalf of indigents and on behalf of state employees under Article 1 of38
49	49	Chapter 18 of Title 45, by a healthcare corporation, health maintenance organization,39
50	50	preferred provider organization, accident and sickness insurer, fraternal benefit society,40
51	51	hospital service corporation, medical service corporation, or any similar entity and any41
52	52	S. B. 323
53	53	- 2 - 25 LC 52 0772
54	54	self-insured healthcare plan not subject to the exclusive jurisdiction of the Employee42
55	55	Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.43
56	56	(3) 'Medically necessary' shall have the same meaning as set forth in Code Section44
57	57	33-46-4 and shall be in accordance with guidelines established pursuant to Code Section45
58	58	31-1-26; provided, however, that, if a patient informs a healthcare provider that he or she46
59	59	has a metal allergy or metal sensitivity, a lymphocyte transformation test or other more47
60	60	advanced test shall be considered medically necessary.48
61	61	(4) 'Metal implant' means any medical device made of metal that is used to support or49
62	62	replace any human body part, including but not limited to any bone, joint, or tooth. Such50
63	63	term shall not include any medical injection, surgical tool, or dental filling.51
64	64	(b) All health benefit policies issued, delivered, issued for delivery, or renewed on or after52
65	65	July 1, 2025, shall include coverage for medically necessary tests for metal allergies and53
66	66	metal sensitivities prior to any cardiovascular, dental, or orthopedic surgery involving the54
67	67	insertion of a metal implant into the human body.55
68	68	(c) The coverage provided for in subsection (b) of this Code section shall be subject to any56
69	69	cost-sharing requirement of the covered person's health benefit policy and shall not57
70	70	diminish or limit any other benefits provided under such policy.58
71	71	(d) If application of the provisions of this Code section would result in health savings59
72	72	account ineligibility under 26 U.S.C. Section 223 as it existed on January 1, 2025, then60
73	73	such provisions shall apply only to health savings accounts with qualified high deductible61
74	74	health plans with respect to the deductibles of such plans after an individual has satisfied62
75	75	the minimum deductibles; provided, however, that the provisions of this Code section shall63
76	76	apply to items or services that are preventive care.64
77	77	(e) The Commissioner shall promulgate rules and regulations necessary to implement the65
78	78	provisions of this Code section."66
79	79	S. B. 323
80	80	- 3 - 25 LC 52 0772
81	81	SECTION 3.
82	82	67
83	83	Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,68
84	84	is amended in Chapter 11, relating to dentists, dental hygienists, and dental assistants, by69
85	85	adding a new subsection to Code Section 43-11-46.1, relating to continuing education70
86	86	requirements and waiver, to read as follows:71
87	87	"(f) On and after January 1, 2025, continuing education requirements for dental surgeons
88	88	72
89	89	shall include one hour of education and training on metal allergies and metal sensitivities73
90	90	and any medically necessary and recommended tests to be administered prior to any dental74
91	91	surgery involving the insertion of a metal implant into a human body."75
92	92	SECTION 4.76
93	93	Said title is further amended in Chapter 34, relating to physicians, acupuncture, physician77
94	94	assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and78
95	95	orthotics and prosthetics practice, by adding a new paragraph to subsection (a) of Code79
96	96	Section 43-34-11, relating to continuing education requirement and required training for80
97	97	physicians, to read as follows:81
98	98	"(7) On and after January 1, 2025, all surgeons shall be required to receive one hour of82
99	99	education and training on metal allergies and metal sensitivities and any medically83
100	100	necessary and recommended tests to be administered prior to any surgery involving the84
101	101	insertion of a metal implant into a human body."85
102	102	SECTION 5.86
103	103	Said title is further amended in said chapter by adding a new Code section to read as follows:87
104	104	"43-34-16.88
105	105	(a) As used in this Code section, the term:89
106	106	(1) 'Healthcare provider' means a physician or other person licensed or otherwise90
107	107	authorized to perform surgical services in this state.91
108	108	S. B. 323
109	109	- 4 - 25 LC 52 0772
110	110	(2) 'Medically necessary' shall have the same meaning as set forth in Code Section92
111	111	33-46-4 and shall be in accordance with clinical practice guidelines established pursuant93
112	112	to Code Section 31-1-26; provided, however, that, if a patient informs a healthcare94
113	113	provider that he or she has a metal allergy or metal sensitivity, a lymphocyte95
114	114	transformation test or other more advanced test shall be considered medically necessary.96
115	115	(3) 'Metal implant' means any medical device made of metal that is used to support or97
116	116	replace any human body part, including but not limited to any bone, joint, or tooth. Such98
117	117	term shall not include any medical injection, surgical tool, or dental filling.99
118	118	(b) Prior to performing any cardiovascular, dental, or orthopedic surgery involving the100
119	119	insertion of a metal implant into a human body, a healthcare provider shall:101
120	120	(1) Ask a patient if he or she has any metal allergy or metal sensitivity; and102
121	121	(2) Perform any medically necessary tests for metal allergies and metal sensitivities.103
122	122	(c) A patient aggrieved by a healthcare provider's failure to satisfy the requirements104
123	123	provided for in subsection (b) of this Code section may bring a private cause of action105
124	124	against such provider for damages and any other relief a court of competent jurisdiction106
125	125	deems appropriate."107
126	126	SECTION 6.108
127	127	All laws and parts of laws in conflict with this Act are repealed.109
128	128	S. B. 323
129	129	- 5 -