GA Code § 45-18-2 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 18 - Employees' Insurance and Benefits Plans|Article 1 - State Employees' Health Insurance Plan and Post-Employment Health Benefit Fund|Part 1 - State Employees' Health Insurance Plan|§ 45-18-2. Authority to Establish Health Insurance Plan; Rules and Regulations; Plan Generally; Coverage for Retiring or Retired Employees

  The board is authorized to establish a health insurance plan for employees of the state and to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this part. The health insurance plan may provide for group hospitalization and surgical and medical insurance against the financial costs of hospitalization, surgery, and medical treatment and care and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital inpatient and outpatient service benefits, dental benefits, vision care benefits, and medical expense indemnity benefits, including major medical benefits.   If a retiring or retired employee or the beneficiary of such retiring or retired employee exercises eligibility under board regulations to continue coverage under the plan and the retiring or retired employees or the beneficiary is eligible to participate in the insurance program operated by or on behalf of the federal government under the provisions of 42 U.S.C.A. 1395, as amended, the coverage available under the health insurance plan shall be subordinated to the coverage available under such federal program. The board is authorized to promulgate regulations to establish the premium paid by the retired employee or beneficiary to reflect the subordination of coverage.    (Ga. L. 1961, p. 147, § 3; Ga. L. 1980, p. 966, § 1; Ga. L. 1989, p. 1148, § 2; Ga. L. 2010, p. 878, § 45/HB 1387.)   Law reviews.   - For article, "Must Government Contractors 'Submit' to Their Own Destruction?: Georgia's Trade Secret Disclosure Exemption and United HealthCare of Georgia, Inc. v. Georgia Department of Community Health," see 60 Mercer L. Rev. 825 (2009).   OPINIONS OF THE ATTORNEY GENERAL    Insurance Commissioner has the authority to require that  a coordination of benefits endorsement to the employee group policy covering employees of the State of Georgia be filed with and approved by the Insurance Commissioner prior to its issuance to the master policy holder, the State Employee Health Insurance Plan. 1968 Op. Att'y Gen. No. 68-512.   Amount of employer contribution.   - The statutory authority of the State Personnel Board and the Governor to set the employer contribution is no longer constrained by a percentage cap in general law. However, the authority is constrained by the health plan statute itself to require the board to set the contribution for the year within amounts made available by the appropriations act. 1989 Op. Att'y Gen. No. 89-3.   When the board sets the employer contribution, it must take into account the budget, which in June has been finalized by enactment of the new appropriations act. When the rate is set, employers in state government must pay it, but they know before the fiscal year commences that the rate will be, and it must be, consistent with the overall budget as set by the appropriations act. 1989 Op. Att'y Gen. No. 89-3.   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 127 et seq., § 147 et seq., § 223 et seq.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, §§ 15, 16, 207-227.