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GA Code § 33-52-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 52 - Assumption Reinsurance Agreements|§ 33-52-1. Applicability of Chapter

  This chapter shall apply to any insurer authorized or doing business in this state which transfers or assumes the obligations or risks on contracts of insurance written or assumed in this state to or from another insurer pursuant to an assumption reinsurance agreement.   This chapter shall not apply to:   Any reinsurance agreement or transaction in which the ceding insurercontinues to remain directly liable for its insurance obligations or risks under the contracts of insurance subject to the reinsurance agreement;   The substitution of one insurer for another upon expiration of insurance coverage pursuant to statutory or contractual requirements and the issuance of a new contract of insurance by another insurer;   The transfer of contracts of insurance pursuant to mergers or consolidations of two or more insurers to the extent that those transactions are regulated by statute;   Any insurer subject to a judicial order of liquidation or rehabilitation; or   Any contract controlled by a state guaranty association or a state insolvency pool.       (Code 1981, §33-52-1, enacted by Ga. L. 1992, p. 1385, § 1.)   RESEARCH REFERENCES   ALR.   - Who may enforce liability of reinsurer, 87 A.L.R.6th 319.
GA Code § 33-52-2 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 52 - Assumption Reinsurance Agreements|§ 33-52-2. Definitions

 As used in this chapter:    "Assuming insurer" means the insurer which acquires an insurance obligation or risk from the transferring insurer pursuant to an assumption reinsurance agreement.   "Assumption reinsurance agreement" means any contract which both:   Transfers insurance obligations or risks of existing or in-force contracts of insurance from a transferring insurer to an assuming insurer; and   Is intended to effect a novation of the transferred contract of insurance with the result that the assuming insurer becomes directly liable to the policyholders of the transferring insurer and the transferring insurer's insurance obligations or risks under such contracts are extinguished.     "Contract of insurance" means any written agreement between an insurer and policyholder pursuant to which the insurer, in exchange for a premium or other consideration, agrees to assume an obligation or risk of the policyholder or to make payments on behalf of or to the policyholder or its beneficiaries; it shall include all property, casualty, life, health, accident, accident and sickness, surety, title, and annuity business authorized to be written pursuant to the provisions of this title.   "Notice of transfer" means the written notice to policyholders required by subsection (a) of Code Section 33-52-3.   "Policyholder" means any individual or entity which has the right to terminate or otherwise alter the terms of a contract of insurance.It includes any person issued a group certificate under a group insurance contract if the certificate vests in such person, separate from the rights of the group contract holder, rights against the insurer that the group contract holder may not terminate.The right to keep the policy in force referred to in this chapter shall not include the right to elect individual coverage under the federal consolidated Omnibus Budget Reconciliation Act (COBRA) Section 601, et seq., of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. Section 1161, et seq., or under continuation and conversion provisions found in Chapter 24 of this title.   "Transferring or ceding insurer" means the insurer which transfers or cedes an insurance obligation or risk to an assuming insurer pursuant to an assumption reinsurance agreement.     (Code 1981, §33-52-2, enacted by Ga. L. 1992, p. 1385, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1992, "Section" was substituted for "section" in paragraph (4), and, in paragraph (5), a comma was inserted following "seq." and "contract holder" was substituted for "contract-holder".   Pursuant to Code Section 28-9-5, in 1993, "contract holder" was substituted for "contractholder" in paragraph (5).
GA Code § 33-52-3 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 52 - Assumption Reinsurance Agreements|§ 33-52-3. Notice of Transfer; Contents and Form of Notice; Prior Approval of Commissioner

    The transferring insurer shall provide or cause to be provided to each policyholder by first-class mail, addressed to the policyholder's last known address or to the address to which premium notices or other policy documents are sent, a notice of transfer; provided, however, that, upon application by the transferring insurer, the Commissioner may approve an alternative method of notification.The notice of transfer shall state or provide the following:   A detailed statement explaining the reason or reasons for the transfer;   The date the transfer and novation of the policyholder's contract of insurance is proposed to take place;   The names, addresses, and telephone numbers of the assuming and transferring insurers;   That the policyholder may reject the transfer and novation;   The procedure and time limit for rejecting the transfer and novation;   A summary of any effect that rejecting the transfer and novation will have on the policyholder's rights including, for participating policyholders, dividend payments or payments under the contract of insurance;   The states in which the assuming insurer is licensed;   The name and address of the person at the transferring insurer to whom the policyholder should send its written statement of rejection of the transfer and novation; and   The address of the insurance department where the policyholder resides so that the policyholder may contact its insurance department for further information regarding the financial condition of the assuming insurer.     The Commissioner may prescribe the form of the notice to be delivered to policyholders.   The notice of transfer shall include a pre-addressed postage-paid response card which a policyholder may return as its written statement of rejection of the transfer and novation.     Prior approval by the Commissioner is required for any transaction before an insurer assumes or transfers obligations or risks on contracts of insurance in this state under an assumption reinsurance agreement.     (Code 1981, §33-52-3, enacted by Ga. L. 1992, p. 1385, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1992, a comma was inserted following "addresses" in subparagraph (a)(1)(C).   Editor's notes.   - Ga. L. 2019, p. 337, § 1-93/SB 132, purported to substitute "Department of Insurance" for "Insurance Department", but the term "Insurance Department" (as capitalized) does not exist in this Code section.
GA Code § 33-52-4 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 52 - Assumption Reinsurance Agreements|§ 33-52-4. Rejection of Transaction by Policyholders; Receipt of Notice; Transfers Involving Companies Deemed to Be in Hazardous Condition

  Every policyholder shall have the right to reject the transfer and novation of his or her contract of insurance. Policyholders electing to reject the assumption transaction shall provide the transferring insurer with the pre-addressed, postage-paid response card or other written notice that the assumption is rejected no later than 60 days after the date on which the transferring insurer mails the notice required under subsection (a) of Code Section 33-52-3.If the ceding insurer does not receive written rejection within the 60 day period, it shall send a second notice in accordance with subsection (a) of Code Section 33-52-3.If the ceding insurer does not receive a rejection within 30 days after the date of mailing, the policyholder shall be deemed to have accepted the transfer.   The transferring insurer will be deemed to have received the response card or other written notice on the date it is postmarked.A policyholder may also send its response card or other written notice by facsimile or other electronic transmission or by certified mail or statutory overnight delivery, express delivery, personal delivery, or courier service, in which case the response card or other written notice shall be deemed to have been received by the assuming insurer on the date of actual receipt by the transferring insurer.   If the transferring company is deemed by the Commissioner to be in hazardous condition or is under a supervision order, rehabilitation, liquidation, conservation, or receivership and the transfer of policies is in the best interest of the policyholders as determined by the Commissioner, a transfer may be effected notwithstanding the provisions of this chapter. This may include adequate notification to the policyholder of the circumstances requiring the transfer as approved by the Commissioner.     (Code 1981, §33-52-4, enacted by Ga. L. 1992, p. 1385, § 1; Ga. L. 2000, p. 1589, § 3.)   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsection (b) is applicable with respect to notices delivered on or after July 1, 2000.   JUDICIAL DECISIONS    Cited in Fiffee v. Jiggetts, 353 Ga. App. 730, 839 S.E.2d 224 (2020).
GA Code § 33-52-5 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 52 - Assumption Reinsurance Agreements|§ 33-52-5. Novation of Insurance Contract

 If a transfer takes place pursuant to Code Section 33-52-4, there shall be a novation of the contract of insurance subject to the assumption reinsurance agreement with the result that the transferring insurer shall thereby be relieved of all insurance obligations or risks transferred under the assumption reinsurance agreement and the assuming insurer shall become directly and solely liable to the policyholder for those insurance obligations or risks.    (Code 1981, §33-52-5, enacted by Ga. L. 1992, p. 1385, § 1.)
GA Code § 33-52-6 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 52 - Assumption Reinsurance Agreements|§ 33-52-6. Approval or Disapproval by Commissioner

  The Commissioner shall approve or disapprove the entire assumption reinsurance transaction.The following items shall be submitted to the Commissioner:   A detailed statement explaining the reason or reasons for the transfer;   The assumption reinsurance agreement;   The certificate of assumption;   If either the ceding company or the assuming company is not domiciled in Georgia, copies of the approvals of the entire transaction by the insurance supervisory officials of the states of domicile of the ceding and assuming insurers; and   A statement as to what provision has been made for servicing those policyholders who have rejected the transfer. However, the Commissioner may permit 100 percent reinsurance without novation of these risks with the servicing of those policyholders to be done by the assuming company or may order the transfer and novation of all of the contracts of insurance under the assumption reinsurance agreement.     When seeking the Commissioner's approval of an assumption of a participating business by a stock or mutual company, the applicant should address the disposition of the accumulated surplus connected with the block of business and the level of future dividends.   If protection under the Georgia Insurers Insolvency Pool, the Georgia Life and Health Insurance Guaranty Association, or a similar state guaranty association or insolvency pool will be lost or reduced, the Commissioner shall not approve the assumption of any policy unless the transfer of policies is in the best interest of the policyholders.     (Code 1981, §33-52-6, enacted by Ga. L. 1992, p. 1385, § 1.)
GA Code § 33-53-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 53 - Coverage for Certain Types of Anti-Cancer Drug Therapy|§ 33-53-1. Definitions

 As used in this chapter:    "Drug" means a drug or biologic that is used in an antineoplastic regimen.   "Insurance policy" means an individual accident and sickness policy of insurance issued pursuant to Chapter 29 of this title or a group accident and sickness insurance policy issued pursuant to Chapter 30 of this title.   "Standard reference compendium" means any of the following:   The United States Pharmacopeia Drug Information;   The American Medical Association Drug Evaluations;   The American Hospital Formulary Service Drug Information.       (Code 1981, §33-53-1, enacted by Ga. L. 1993, p. 539, § 1; Ga. L. 2019, p. 533, § 1-15/HB 99.)    The 2019 amendment,  effective July 1, 2019, deleted former paragraph (1), which read: " 'Commissioner' means the Commissioner of Insurance of the State of Georgia."; and redesignated former paragraphs (2) through (4) as present paragraphs (1) through (3), respectively.
GA Code § 33-53-2 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 53 - Coverage for Certain Types of Anti-Cancer Drug Therapy|§ 33-53-2. Conditions of Coverage

 An insurance policy that provides coverage for drugs may not exclude coverage of a covered drug on the grounds that the drug has not been approved by the federal Food and Drug Administration for the particular indication if any of the following conditions are met:    The drug is recognized for treatment of the indication in at least one standard reference compendium;   The drug is recommended for that particular type of cancer and found to be safe and effective in formal clinical studies, the results of which have been published in a peer reviewed professional medical journal published in either the United States or Great Britain.     (Code 1981, §33-53-2, enacted by Ga. L. 1993, p. 539, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1993, "peer reviewed" was substituted for "peer-reviewed" in paragraph (2).
GA Code § 33-53-3 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 53 - Coverage for Certain Types of Anti-Cancer Drug Therapy|§ 33-53-3. Enforcement

 Reserved. Repealed by Ga. L. 2019, p. 533, § 1-16/HB 99, effective July 1, 2019.   Editor's notes.   - This Code section was based on Code 1981, § 33-53-3, enacted by Ga. L. 1993, p. 539, § 1.
GA Code § 33-53-4 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 53 - Coverage for Certain Types of Anti-Cancer Drug Therapy|§ 33-53-4. Exceptions to Requirements for Coverage

 This chapter shall not be deemed to do any of the following:    Require coverage for any drug when the federal Food and Drug Administration has determined the drug's use to be contraindicated;   Require coverage for an experimental drug not approved for any indication by the federal Food and Drug Administration;   Alter any other law limiting the coverage of drugs that have not been approved by the federal Food and Drug Administration.     (Code 1981, §33-53-4, enacted by Ga. L. 1993, p. 539, § 1.)
GA Code § 33-54-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 54 - Genetic Testing|§ 33-54-1. Legislative Findings and Determinations; Intent of Chapter

 The General Assembly finds and determines that recent advances in genetic science have led to improvements in the diagnosis, treatment, and understanding of a significant number of human diseases. The General Assembly further finds and declares that:    Genetic information is the unique property of the individual tested;   The use and availability of information concerning an individual obtained through the use of genetic testing techniques may be subject to abuses if disclosed to unauthorized third parties without the willing consent of the individual tested;   To protect individual privacy and to preserve individual autonomy with regard to an individual's genetic information, it is appropriate to limit the use and availability of genetic information; and   The intent of this chapter is to prevent accident and sickness insurance companies, health maintenance organizations, managed care organizations, and other payors from using information derived from genetic testing to deny access to accident and sickness insurance.     (Code 1981, §33-54-1, enacted by Ga. L. 1995, p. 1242, § 4.)   Law reviews.   - For article, "The Burden of Knowledge," see 43 Ga. L. Rev. 297 (2009).
GA Code § 33-54-2 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 54 - Genetic Testing|§ 33-54-2. Definitions

 As used in this chapter, the term:    "Genetic testing" means laboratory tests of human DNA or chromosomes for the purpose of identifying the presence or absence of inherited alterations in genetic material or genes which are associated with a disease or illness that is asymptomatic at the time of testing and that arises solely as a result of such abnormality in genes or genetic material. For purposes of this chapter, genetic testing shall not include routine physical measurements; chemical, blood, and urine analysis; tests for abuse of drugs; and tests for the presence of the human immunodeficiency virus.   "Insurer" means an insurer, a fraternal benefit society, a health care corporation, a health maintenance corporation, or a self-insured health plan not subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.     (Code 1981, §33-54-2, enacted by Ga. L. 1995, p. 1242, § 4; Ga. L. 2019, p. 533, § 1-17/HB 99.)    The 2019 amendment,  effective July 1, 2019, deleted "a nonprofit medical service corporation," following "benefit society," near the middle of paragraph (2).
GA Code § 33-54-3 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 54 - Genetic Testing|§ 33-54-3. Purpose of Testing; Consent Required; Confidential and Privileged Information

  Except as otherwise provided in this chapter, genetic testing may only be conducted to obtain information for therapeutic or diagnostic purposes. Genetic testing may not be conducted without the prior written consent of the person to be tested.   Information derived from genetic testing shall be confidential and privileged and may be released only to the individual tested and to persons specifically authorized by such individual to receive the information. Any insurer that possesses information derived from genetic testing may not release the information to any third party without the explicit written consent of the individual tested. Information derived from genetic testing may not be sought by any insurer as defined in Code Section 33-54-2.     (Code 1981, §33-54-3, enacted by Ga. L. 1995, p. 1242, § 4.)
GA Code § 33-54-4 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 54 - Genetic Testing|§ 33-54-4. Prohibited Use of Information

 Any insurer that receives information derived from genetic testing may not use the information for any nontherapeutic purpose.    (Code 1981, §33-54-4, enacted by Ga. L. 1995, p. 1242, § 4.)
GA Code § 33-54-5 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 54 - Genetic Testing|§ 33-54-5. Use of Information in Criminal Investigation or Prosecution Authorized

 Notwithstanding the provisions of Code Sections 33-54-3 and 33-54-4, information derived from genetic testing regarding the identity of any individual who is the subject of a criminal investigation or a criminal prosecution may be disclosed to appropriate legal authorities conducting the investigation or prosecution. The information may be used during the course of the investigation or prosecution with respect to the individual tested without the consent of such individual.    (Code 1981, §33-54-5, enacted by Ga. L. 1995, p. 1242, § 4.)
GA Code § 33-54-6 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 54 - Genetic Testing|§ 33-54-6. Use of Information for Scientific Research Purposes Authorized

 Notwithstanding the provisions of Code Sections 33-54-3 and 33-54-4, any research facility may conduct genetic testing and may use the information derived from genetic testing for scientific research purposes so long as the identity of any individual tested is not disclosed to any third party, except that the individual's identity may be disclosed to the individual's physician with the consent of the individual.    (Code 1981, §33-54-6, enacted by Ga. L. 1995, p. 1242, § 4.)
GA Code § 33-54-7 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 54 - Genetic Testing|§ 33-54-7. Applicability of Chapters

 This chapter shall not apply to a life insurance policy, disability income policy, accidental death or dismemberment policy, medicare supplement policy, long-term care insurance policy, credit insurance policy, specified disease policy, hospital indemnity policy, blanket accident and sickness policy, franchise policy issued on an individual basis to members of an association, limited accident policy, health insurance policy written as a part of workers' compensation equivalent coverage, or other similar limited accident and sickness policy.    (Code 1981, §33-54-7, enacted by Ga. L. 1995, p. 1242, § 4.)
GA Code § 33-54-8 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 54 - Genetic Testing|§ 33-54-8. Violations of Chapter

  Any violation of this chapter by an insurer shall be unfair trade practice subject to the provisions of Article 1 of Chapter 6 of this title, and a violation of this chapter by any other person shall be an unfair practice and shall be subject to the provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975." In addition, any individual who is harmed as a result of a violation of this chapter shall have a cause of action against the person whose violation caused the harm.   Any insurer that is found in violation of the provisions of this chapter by a court of competent jurisdiction is liable to the individual injured by the violation in an amount equal to any actual damages suffered by the individual. In the alternative, the court may issue an order directing the insurer to provide accident and sickness insurance to the injured individual under the same terms and conditions as would have applied had the violation not occurred.   The court shall award costs and reasonable attorney's fees to any individual who is successful in enforcing the provision of this chapter.     (Code 1981, §33-54-8, enacted by Ga. L. 1995, p. 1242, § 4.)
GA Code § 33-55-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 55 - Reporting of Transactions by Insurers|§ 33-55-1. Insurers to Report Acquisitions and Dispositions of Assets and Material Changes to Ceded Reinsurance Agreements to Commissioner

  Every insurer domiciled in this state shall file a report with the Commissioner disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements unless such acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements have been submitted to the Commissioner for review, approval, or information purposes pursuant to other provisions of this title, regulations, or other requirements.     The report required in subsection (a) of this Code section is due within 15 days after the end of the calendar month in which any of the covered transactions occur.   One complete copy of the report, including any exhibits or other attachments filed as part thereof, shall be filed with:   The Commissioner; and   The National Association of Insurance Commissioners.       All reports obtained by or disclosed to the Commissioner pursuant to this Code section shall be given confidential treatment, shall not be subject to subpoena, and shall not be made public by the Commissioner, the National Association of Insurance Commissioners, or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the Commissioner, after giving the insurer who would be affected thereby notice and an opportunity to be heard, determines that the interest of policyholders, shareholders, or the public will be served by the publication thereof, in which event the Commissioner may publish all or any part thereof in such manner as he or she may deem appropriate.     (Code 1981, §33-55-1, enacted by Ga. L. 1995, p. 1348, § 8; Ga. L. 2019, p. 533, § 1-18/HB 99.)    The 2019 amendment,  effective July 1, 2019, deleted "of Insurance" following "Commissioner" in subparagraph (b)(2)(A).