GA Code § 45-18-6 (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|§ 45-18-6. Contracts to Provide Insurance Benefits; Invitation of Proposals; Reinsurance Agreements; Issuance of Certificates of Coverage; Redetermination of Contracts; Self-Insurance Plans; Contracts for Administrative Services; Contracts With Health Maintenance Organizations

  The board is authorized to execute a contract or contracts to provide the benefits under the plan of health insurance benefits determined upon in accordance with this part. Such contract or contracts may be executed with one or more corporations licensed to transact accident and health insurance business in this state. All of the benefits to be provided under this part may be included in one or more similar contracts or the benefits may be classified into different types, with each type included under one or more similar contracts issued by the same or different companies. A reasonable time before entering into any insurance contract provided for in this Code section, the board shall invite proposals from such qualified insurers as in the opinion of the board would desire to accept any part of the insurance coverage authorized by this part.   The board may arrange with any corporation licensed to transact accident and health insurance business in this state, which corporation issued any such contract, to reinsure portions of such contract with any other such corporation which elected to be a reinsurer and is legally competent to enter into a reinsurance agreement. The board may designate one or more of such corporations as the administering corporation or corporations. Each employee who is covered under any such contract or contracts shall receive a certificate setting forth the benefits to which the employee and his dependents are entitled thereunder, stating to whom such benefits shall be payable, stating to whom claims should be submitted, and summarizing the provisions of the contract principally affecting the employee and his dependents. Such certificate shall be in lieu of the certificate which the corporation or corporations issuing such contract or contracts would otherwise issue. The corporations eligible to participate as reinsurers, and the amount of coverage under the contract or contracts to be allocated to each issuing corporation or reinsurer, may be redetermined by the board for and in advance of any contract year after the first year and with any modifications thereof it deems appropriate to carry out the intent of reinsuring portions of the coverage, subject to such limitations as set forth in this part. At the end of any contract year the board may discontinue any contract or contracts it has executed with any corporation or corporations and replace it or them with a contract or contracts with any other corporation or corporations meeting the requirements of this Code section; or the board may, at its discretion, establish a self-insured plan in whole or in part.   Notwithstanding any other provision of this part to the contrary, the board is authorized to execute a contract or contracts with one or more insurers authorized to transact accident and sickness insurance in this state or with one or more health care corporations or with one or more professional claim administrators authorized or licensed to transact business in this state or with one or more independent adjusting firms with employees who are licensed as independent adjusters pursuant to Article 1 of Chapter 23 of Title 33 to provide administrative services in connection with a self-insured health insurance plan for state employees.   The board may contract with any health maintenance organization qualified to conduct business in this state pursuant to Chapter 21 of Title 33, relating to health maintenance organizations, which organization provides evidence that it is qualified to operate as a health maintenance organization in accordance with the rules and regulations issued by the secretary of the Department of Health and Human Services of the United States; or the board may contract with any other corporation licensed under Title 33, which corporation is authorized by law to provide the same types of benefits which are provided by such health maintenance organizations.    (Ga. L. 1961, p. 147, § 6; Ga. L. 1976, p. 1384, § 1; Ga. L. 1977, p. 884, § 1; Ga. L. 1980, p. 966, § 1; Ga. L. 1993, p. 91, § 45; Ga. L. 2010, p. 878, § 45/HB 1387; Ga. L. 2017, p. 164, § 58/HB 127.)    The 2017 amendment,  effective July 1, 2017, deleted "hospital service nonprofit corporations, nonprofit medical service corporations, or" preceding "health care corporations" in the middle of subsection (c).   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   Contract for administrative services.   - The State Personnel Board is authorized to enter into a contract with an organization to have them act as administrator for the board should the board decide to change from an insured to a self-insured health insurance program. 1972 Op. Att'y Gen. No. 72-44.    The State Health Benefit Plan is not subject to the State Insurance Code,  and neither the State Personnel Board nor the entity administering self-insured plans for the State Personnel Board would be subject to any administrative fines or sanctions under the State Insurance Code for administration of such plans. 1982 Op. Att'y Gen. No. 82-70.   Procurement of health insurance contracts.   - The State Personnel Board, and not the Department of Administrative Services, has the exclusive authority to contract with health maintenance organizations for health insurance benefits for state employees and public school teachers under the State Health Benefit Plan. 1987 Op. Att'y Gen. No. 87-32.