House Bill 24

Chair's Name: Wendell Willard

Committee: Judiciary

House Sponsor: Steve Tumlin

HB 24, the �Georgia Advance Directive for Health Care Act� enacts provisions dealing with end-of-life medical care.  The beginning portions of the bill set out a model advance directive. The model is divided into four parts: 1) designating a Health Care Agent, 2) Treatment Preferences, 3) Guardianship, and 4) Effectiveness and Signatures.  Each part contains a clear explanation of the effect of that part. Later portions of the bill detail the enforcement of a properly executed advance directive including: execution and revocation of advance directives, responsibilities of a health care agents and health care providers, special procedures regarding the withdrawal of life-sustaining procedures, liability, and sanctions. The final sections of the bill modify other areas of the code that deal with power of attorney and medical decisions so as to include advance directives.

The committee substitute received a Do Pass recommendation from the Judiciary Committee and comes to the House Floor under the Open Rule. 

Chairman Willard�s opinion of this legislation:

WHAT PROBLEM/OPPORTUNITY DOES THIS LEGISLATION ADDRESS?

HB 24 deals with advance directives.  The bill addresses confusion with the forms that Georgia currently uses for advance directives.  This bill makes it easier for the declarant by putting the form in plain English and gives the declarant�s agent the authority to carry out the declarant�s wishes.

WHAT IS THE DRIVING FORCE BEHIND THIS LEGISLATION?

Concern by health care professionals and legal practitioners over the process decisions are made.

THIS LEGISLATION:

• Strengthens our Traditional Family Structure: This bill will make health care and end of life decisions easier for families by adding clarity to the process.
• Other:  The clarity that this bill brings to advance directives will reduce litigation over advance directives.

Senate Changes:

The Senate made changes to the bill in committee. In addition to some changes to the House language, an additional Section 19 was added.  This section would require certain performance, outcome, and pricing data for selected medical conditions to be reported to DCH and require DCH to provide the information to consumers on a website. Representative Tumlin will likely move to disagree with the Senate's amendments.