The Shan Group

http://www.shrm.org/government/states/pendingleg_published/ 

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Workers’ Compensation Legislation – WORKERS’ COMPENSATION (GENERAL)

Summary: H.B. 424 was the only piece of legislation relevant to workers’ compensation to have made considerable progress through the Georgia legislature during the 2007 session. The bill was signed into law by Governor Sonny Perdue (R) May 29.

 

H.B. 424 provides that any claims that have not been heard within five years of the alleged date of injury will be dismissed. The bill expands permissible requests by employers for medical examinations of injured workers to include physical, psychiatric and psychological examinations. It also increases wage amounts. Effective July 1, 2007.

 

http://www.legis.ga.gov/legis/2007_08/versions/hb424_HB_424_AP_5.htm

 

GEORGIA H.B. 7 – WORKPLACE SAFETY / VIOLENCE

Sponsor: Representative Timothy Bearden (R)

Summary: Allows any person who is not enumerated as ineligible for a license, from transporting an unloaded or loaded firearm in any private passenger motor vehicle in any location in the motor vehicle.

 

http://www.legis.state.ga.us/legis/2007_08/fulltext/hb7.htm

 

Status: Pre-filed November 27, 2006. Carried over to 2008 session upon adjournment April 20, 2007. Failed to meet crossover deadline March 11, 2008. Failed upon adjournment April 4.

 

**GEORGIA H.B. 89 – WORKPLACE SAFETY / VIOLENCE

Sponsor: Representative Timothy Bearden (R)

Summary: Final version (April 4) provides that no private employer shall establish, maintain or enforce any policy or rule that has the effect of allowing such employer or its agents to search the locked privately owned vehicles of employees or invited guests on the employer’s parking lot and access thereto. Provides that no private employer shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee’s privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia firearms license. Effective July 1, 2008.

 http://www.legis.ga.gov/legis/2007_08/versions/hb89_HB_89_CCR_13.htm

 

Status: Introduced and referred to House Judiciary Non-Civil Committee January 22, 2007. Passed committee January 30. Passed House February 12. Received in Senate and referred to Judiciary Committee February 13. Passed committee February 20. Referred to Rules Committee February 27. Substituted and passed committee April 16. Carried over to 2008 session upon adjournment April 20. Recommitted to Senate Rules Committee January 14, 2008. Substituted and passed committee January 16. Passed Senate January 17. House agreed to Senate Substitute and amended January 31. Senate disagreed with House amendment to Senate Substitute and conference committee appointed February 1. Conference committee report adopted April 4. Sent to Governor April 14. Signed by Governor Sonny Perdue (R) May 14.

 

GEORGIA H.B. 143 – WORKPLACE SAFETY / VIOLENCE

Sponsor: Representative Tom Graves (R)

Summary: Prohibits any employer from establishing and enforcing a policy that has the effect of prohibiting an employee from transporting or storing a firearm in a locked vehicle in an employee parking lot. Establishes certain exemption, including for employers who provide parking that is restricted from public use through a gate or other means and for employees operating vehicles owned or leased by the employer.

 

http://www.legis.ga.gov/legis/2007_08/fulltext/hb143.htm

 

Status: Introduced and referred to House Judiciary Non-Civil Committee January 25, 2007. Carried over to 2008 session upon adjournment April 20. Failed to meet crossover deadline March 11, 2008. Failed upon adjournment April 4.

 

Companion Bill: 2007 S.B. 43

 

GEORGIA H.B. 882 – WAGE AND HOUR

Sponsor: Representative Sharon Beasley-Teague (D)

Summary: Increases the minimum wage from $5.15 to $10 per hour.

 

http://www.legis.ga.gov/legis/2007_08/fulltext/hb882.htm

 

Status: Introduced, referred to Committee on Industrial Relations and carried over to 2008 session upon adjournment April 20, 2007. Failed to meet crossover deadline March 11, 2008. Failed upon adjournment April 4.

 

GEORGIA H.B. 901 – FAMILY/MEDICAL LEAVE

Sponsor: Representative Roger Bruce (D)

Summary: Requires employers to provide an eligible employee a total of 24 hours of leave, paid or unpaid, during any 12-month period in order to attend a medical appointment for the employee or the employee’s spouse or child; to accompany an elderly relative to a medical appointment; or to attend a school conference for a child of the employee when the appointment or school conference cannot reasonably be scheduled during the employee’s non-work hours.

 

http://www.legis.ga.gov/legis/2007_08/versions/hb901_LC_33_2192_pf_2.htm

 

Status: Prefiled November 19, 2007. Referred to Committee on Industrial Relations January 17, 2008. Failed to meet crossover deadline March 11. Failed upon adjournment April 4.

 

GEORGIA H.B. 904 – BACKGROUND CHECKS

Sponsor: Representative Sean Jerguson (R)

Summary: Current version (April 1) requires employees of day-care centers, group day-care homes, family day-care homes and child care learning centers to have state and national fingerprint record checks prior to employment. After receiving the fingerprint check, the employer shall make an employment eligibility determination and notify in writing the applicant as to whether the records check determination was satisfactory or unsatisfactory. Effective July 1, 2008, and will apply to any employee hired on or after this date.

 

http://www.legis.state.ga.us/legis/2007_08/versions/hb904_Sen_ctee_sub_LC_29_3464S_8.htm

 

Status: Prefiled November 29, 2007. Introduced and referred to House Judiciary Committee January 15, 2008. Hearing held February 14. Reported as committed February 19. Passed House February 22. Introduced and referred to Senate Committee on Education and Youth Senate February 26. Hearing held April 1. Reported with amendments April 1. Failed upon adjournment April 4.

 

GEORGIA H.B. 1384 – MANDATED BENEFITS

Sponsor: Representative Bob Holmes (D)

Summary: Requires health benefit policy coverage for the diagnosis and treatment of infertility.

 

http://www.legis.ga.gov/legis/2007_08/versions/hb1384_LC_33_2180_a_2.htm

 

Status: Introduced and referred to Committee on Insurance March 5, 2008. Failed to meet crossover deadline March 11. Failed upon adjournment April 4

 

GEORGIA H.R. 527 – WORK ENVIRONMENT

Sponsor: Representative Kevin Levitas (D)

Summary: Proposes an amendment to the Constitution, to allow any unreasonable portion of a restrictive covenant in an employment agreement to be modified by a court without causing the entire provision to be unlawful and void.

 

http://www.legis.ga.gov/legis/2007_08/fulltext/hr527.htm

 

Status: Introduced and referred to Committee on Judiciary March 19, 2007. Carried over to 2008 session upon adjournment April 20. Hearing held February 13, 2008. Hearing held February 25. Failed to meet crossover deadline March 11. Failed upon adjournment April 4.

 

GEORGIA S.B. 13 – WAGE AND HOUR

Sponsor: Senator Robert Brown (D)

Summary: Raises the minimum wage, as of January 1, 2008, to not less than $7.25 per hour. Mandates the minimum wage shall be increased by the increase in the cost of living on January 1, 2009, and on January 1 of each successive year thereafter.

 

http://www.legis.state.ga.us/legis/2007_08/fulltext/sb13.htm

 

Status: Pre-filed December 20, 2006. Introduced and referred to Insurance and Labor Committee January 25, 2007. Hearing held February 14. Hearing held February 21. Failed to meet crossover deadline March 27. Carried over to 2008 session upon adjournment April 20. Failed to meet crossover deadline March 11, 2008. Failed upon adjournment April 4.

 

GEORGIA S.B. 28 – EMPLOYER FINANCED HEALTH CARE

Sponsor: Senator Judson Hill (R)

Summary: Directs Commissioner of Insurance of establish guidelines for creating high deductible health insurance plans to be used with health savings accounts.

 

Allows such policies to be designed with out of network differentials that exceed the normal limit, as long as reimbursement benefits for out of network providers is at least 50%.

 

Amends reimbursement rates for out of network providers for traditional PPOs.

 

Requires insurance plans to cover children until age 27 or two years after dependent status ends, whichever is earlier.

 

Allows certain out-of-state insurers to offer plans that do not provide coverage for all state mandated benefits.

 

Authorizes employers whose employees have multiple jobs to arrange with other employers to provide group insurance coverage for such employees by contributing to the health care costs of the other employer.

 

Establishes the Georgia Health Security Underwriting Authority to develop a plan to create an assignment group to provide health coverage for certain individuals.

 

Directs the Authority to hold a competitive bidding process to select a plan administrator.

 

Establishes guidelines for assignment group eligibility for individuals and for participation by plan administrators.

 

Establishes the Georgia Health Insurance Exchange to provide greater access to insurance coverage.

 

Authorizes Exchange to contract with private agencies and with employers to administer parts of the plan.

 

Establishes requirements for all health plans seeking to participate in the Exchange, including certain required benefits.

 

Requires each employer in Georgia to annually file a form with the Insurance Commissioner for each employee indicating the health insurance coverage status of the employee.

 

Requires all individuals over age 18 whose annual income exceeds 300% of the federal poverty level to offer proof of ability to pay for medical care, through indicating health insurance coverage or financial security through a $10,000 bond.

 

Directs Department of Community Health to establish a website for sharing information on prescription pricing, hospital safety, and other healthcare data.

 

Establishes the Georgia Patient Safety Corporation to assist health care providers in improving the quality of health care through analyzing data, identifying problems, creating educational programs, establishing a library of evidence based medicine practices, and making recommendations for implementing technological advances.

 

Creates a tax credit for investment in health information technology, with amount not to exceed the expenses of $5,000, whichever is less.

 

http://www.legis.ga.gov/legis/2007_08/fulltext/sb28.htm

 

Status: Introduced January 11, 2007. Referred to Insurance and Labor Committee January 22. Hearing held February 7. Failed to meet crossover deadline March 27. Carried over to 2008 session upon adjournment April 20. Failed to meet crossover deadline March 11, 2008. Failed upon adjournment April 4.

 

GEORGIA S.B. 43 – WORKPLACE SAFETY / VIOLENCE

Sponsor: Senator Chip Rogers (R)

Summary: Current version (February 9) prohibits any employer from establishing and enforcing a policy that has the effect of prohibiting an employee from transporting or storing a firearm in a locked vehicle in an employee parking lot. Establishes certain exemptions, including for employers who provide parking that is restricted from public use through a gate or other means and for employees operating vehicles owned or leased by the employer.

 

Current version:

http://www.legis.state.ga.us/legis/2007_08/versions/sb43_Committee_sub_LC_29_2690S_4.htm

 

Status: Introduced and referred to Senate Judiciary Committee January 24, 2007. Hearing held February 8. Substituted and passed committee February 9. Failed to meet crossover deadline March 27. Carried over to 2008 session upon adjournment April 20. Senate recommitted January14, 2008. Failed to meet crossover deadline March 11. Failed upon adjournment April 4.

 

GEORGIA S.B. 113 – BACKGROUND CHECKS

Sponsor: Senator David Shafer (R)

Summary: Current version (March 27) allows the Insurance Commissioner to, by rule or regulation, establish criteria and procedures for criminal or other background check requirements. These background checks would apply to any individual applying for licensure to become an agent, subagent, counselor, or adjuster.

 

http://www.legis.state.ga.us/legis/2007_08/versions/sb113_As_passed_Senate_6.htm

 

Status: Introduced and referred to the Senate Insurance and Labor Committee February 9, 2007. Passed committee March 19. Passed Senate as amended March 27. Referred to the House Judiciary Committee March 29. Hearing held and bill passed April 13. Carried over to 2008 session upon adjournment April 20. Reported as committed January 29, 2008. Failed upon adjournment April 4.

 

GEORGIA S.B. 150 – EMPLOYER FINANCED HEALTH CARE, MANDATED BENEFITS

Sponsor: Senator Judson Hill (R)

Summary: Requires all employers within Georgia to file with the Insurance Commissioner a form for each employee indicating health insurance coverage status of the employee and dependents, including source of coverage. Requires employee to sign form. Directs Commissioner of Human Resources to file forms with Insurance Commissioner on behalf of all individuals receiving Medicaid or PeachCare programs. Creates the Health Insurance Exchange to increase access to health insurance products. Establishes exchange board governance, application, and administrative procedures. Authorizes exchange to contract with vendors. Establishes requirements for benefits to be offered through plan. Allows employers to submit plans to be administered by the exchange. Allows out of state insurers to offer limited health benefit plans.

 

http://www.legis.state.ga.us/legis/2007_08/fulltext/sb150.htm

 

Status: Introduced in Senate February 12, 2007. Referred to Health and Human Services Committee February 13. Hearing held February 20. Failed to meet crossover deadline March 27. Carried over to 2008 session upon adjournment April 20. Failed to meet crossover deadline March11, 2008. Failed upon adjournment April 4.

 

GEORGIA S.B. 304 – EMPLOYER FINANCED HEALTH CARE

Sponsor: Senator Doug Stoner (D)

Summary: Requires individuals who receive health care benefits under any state funded or administered health care program to provide the Department of Human Resources data relating to the individual’s employer. Provides that this information be annually reported to the General Assembly and made available to the public.

 

http://www.legis.ga.gov/legis/2007_08/fulltext/sb304.htm

 

Status: Introduced and referred to Insurance & Labor Committee March 20, 2007. Carried over to 2008 session upon adjournment April 20. Failed to meet crossover deadline March 11, 2008. Failed upon adjournment April 4.