J.B. Powell
GEORGIA STEPS UP WITH TEMPORARY PEACHCARE FUNDS

Governor Perdue announced this week that the state will temporarily use Medicaid funds to make up for PeachCare's $131 million federal funding shortfall. This move had been recommended by many lawmakers for several weeks because Democratic leaders in Congress had said they will expedite more federal funds for the State Children's Health Insurance Program (SCHIP).

An Iraq war appropriations bill before the U.S. House will include $735 million to eliminate funding shortfalls in 14 states, including Georgia, that operate state children's health insurance programs. This action allows Georgia to use state funds as a stopgap to keep PeachCare running until the congressional action takes place, at which time the state will be fully reimbursed by the federal program.

PeachCare serves a vital state interest by providing high-quality, secure health care for children of Georgia's working families. PeachCare has achieved national prominence by successfully enrolling previously uninsured children consistent with the goals of S-CHIP, as administered by the federal Centers for Medicare and Medicaid Services. I firmly believe that PeachCare is essential to the health, education, and welfare of Georgia's children who would otherwise have no reliable access to health care.

In the Senate, a bipartisan group of lawmakers has filed legislation that would amend Georgia's 2005 medical malpractice liability law by dropping the "gross negligence" to a lower burden of proof. SB 286 would not affect the requirement that a judge must tell a jury that practicing medicine in an emergency room is more difficult than a regular practice.

Supporters of the bill say it would correct a provision of the 2005 law and restore access to justice on the part of victims of malpractice in the emergency room.

The Senate Insurance & Labor Committee has favorably reported legislation that would further strengthen Georgia's drugfree work place program. SB 96, which will now be considered by the full Senate, would authorize employers to conduct on-site and oral testing of workers for substance abuse.

Georgia's "Drugs Don't Work Program" has been very suc- cessful since its implementation in 2001, helping employers ensure and enforce safe and drug-free workplaces. This legislation, which was strongly endorsed by the Georgia Chamber of Commerce and National Federation of Independent Businesses, would strengthen the program as follows:

+ In addition to pre-employment testing, on-site testing could be used for reasonable suspicion, fitness for duty, return to duty or post-accident testing.

+ Clarifying that oral fluid (saliva) is an acceptable alternative specimen to urine for performing drug tests.

+ Specifying that the person performing the on-site tests at the worksite must be trained and quali- fied.

+ Emphasizing that regardless of the testing methodology used, a positive pre-screen result must be confirmed at a laboratory.

Legislation to allow voters to decide on the Sunday packaged sales of beer, wine and liquor in their communities was favorably reported by the Senate Regulated Industry & Utilities Committee. SB 137, which I oppose, could be voted on by the full Senate upon our return to the Capitol the week of March 19.

SB 137 would authorize city or county governments that already allow the sale of beer, wine, or distilled spirits to call a referendum on the question of Sunday package sales. If a majority of the voters in the special election approved Sunday sales, the governing entity could then set the hours during which stores could sell alcohol - although they couldn't sell it before 12 noon.

Legislation that would continue to give extra credit to honors courses, helping more students qualify for HOPE Scholarships, was favorably reported by the Senate Higher Education Committee. SB 75 would continue to give weight to honors courses in meeting HOPE eligibility standards, which were made tougher for this year's graduating high school seniors. Many students took honors courses thinking the courses would help them qualify for HOPE.

State Sen. J.B. Powell represents the 23rd District (Burke, Emanuel, Jefferson, Jenkins, Richmond, Screven, Washington and Wilkinson counties). During the legislative session, he can be reached at 320- A Coverdell Office Building, Atlanta, Ga. 30334; by phone at 404- 463-1314; or by e-mail at jb.powell@senate.ga.gov.