reglab/housing_qa huggingface dataset:
GA Code § 33-62-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 62 - Property and Casualty Actuarial Opinion Law|§ 33-62-1. Short Title

 This chapter shall be known and may be cited as the "Property and Casualty Actuarial Opinion Law."    (Code 1981, §33-62-1, enacted by Ga. L. 2008, p. 1090, § 4/SB 471.)
GA Code § 33-62-2 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 62 - Property and Casualty Actuarial Opinion Law|§ 33-62-2. Submission of Annual Statement of Actuarial Opinion of Appointed Actuary by Property and Casualty Insurance Companies Licensed to Do Business in Georgia

  Every property and casualty insurance company doing business in this state, unless otherwise exempted by the domiciliary commissioner, shall annually submit the opinion of an appointed actuary entitled "Statement of Actuarial Opinion." This opinion shall be filed in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions.     Every property and casualty insurance company domiciled in this state that is required to submit a statement of actuarial opinion shall annually submit an actuarial opinion summary written by the company's appointed actuary. This actuarial opinion summary shall be filed in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions and shall be considered as a document supporting the actuarial opinion required in subsection (a) of this Code section.   A company licensed but not domiciled in this state shall provide the actuarial opinion summary upon request.       An actuarial report and underlying work papers as required by rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions shall be prepared to support each actuarial opinion.   If the insurance company fails to provide a supporting actuarial report or work papers at the request of the Commissioner or the Commissioner determines that the supporting actuarial report or work papers provided by the insurance company are otherwise unacceptable to the Commissioner, the Commissioner may engage a qualified actuary at the expense of the insurance company to review the opinion and the basis for the opinion and prepare the supporting actuarial report or work papers.     The appointed actuary shall not be liable for damages to any person other than the insurance company and the Commissioner for any act, error, omission, decision, or conduct with respect to the actuary's opinion except in cases of fraud or willful misconduct on the part of the appointed actuary.     (Code 1981, §33-62-2, enacted by Ga. L. 2008, p. 1090, § 4/SB 471.)
GA Code § 33-63-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 63 - Guaranteed Asset Protection Waivers|§ 33-63-1. Legislative Findings

 The General Assembly finds that guaranteed asset protection waivers are not insurance. All guaranteed asset protection waivers issued on or after the date of enactment of this chapter shall not be construed as insurance.    (Code 1981, §33-63-1, enacted by Ga. L. 2008, p. 1097, § 1/SB 470; Ga. L. 2019, p. 533, § 1-32/HB 99.)    The 2019 amendment,  effective July 1, 2019, inserted "on or" in the middle of the second sentence of this Code section.
GA Code § 33-63-2 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 63 - Guaranteed Asset Protection Waivers|§ 33-63-2. Purpose; Exemptions From Applicability of Chapter; Guaranteed Asset Protection Waivers Exempt From State's Insurance Laws

  The purpose of this chapter is to provide a framework within which guaranteed asset protection waivers are defined and may be offered within this state.   This chapter shall not apply to:   An insurance policy offered by an insurer under the insurance laws of this state; or   A debt cancellation or debt suspension contract being offered in compliance with 12 C.F.R. Part 37 or 12 C.F.R. Part 721 or other federal law.     Guaranteed asset protection waivers governed under this chapter are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers that comply with this chapter are exempt from this state's insurance licensing requirements.     (Code 1981, §33-63-2, enacted by Ga. L. 2008, p. 1097, § 1/SB 470.)
GA Code § 33-63-3 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 63 - Guaranteed Asset Protection Waivers|§ 33-63-3. Definitions

 The following terms are defined for purposes of this chapter and are not intended to provide actual terms required in guaranteed asset protection waivers:    "Administrator" means a person, other than an insurer or creditor, that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs.   "Borrower" means a debtor, retail buyer, or lessee under a finance agreement.   "Creditor" means:   The lender in a loan or credit transaction;   The lessor in a lease transaction;   Any retail installment seller that provides credit to any retail buyer of motor vehicles, provided that such entity complies with the provisions of this chapter;   The seller in commercial retail installment transactions; or   The assignees of any of the creditors listed in subparagraphs (A) through (D) of this paragraph to whom the credit obligation is payable.     "Finance agreement" means a loan, lease, or retail installment sales contract for the purchase or lease of a motor vehicle.   "Free look period" means the period of time from the effective date of the guaranteed asset protection waiver until the date the borrower may cancel the guaranteed asset protection waiver without penalty, fees, or costs to the borrower. This period of time must not be shorter than 30 days.   "Guaranteed asset protection waiver" means a contractual agreement wherein a creditor agrees for a separate charge to cancel or waive all or part of amounts due on a borrower's finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement must be part of, or a separate addendum to, the finance agreement or a contractual agreement wherein a creditor agrees for a separate charge to cancel or waive all or part of the excess wear and use charges owed by the borrower to the creditor under the lease contract when the borrower returns a leased vehicle to the creditor at termination of the lease, which agreement must be part of, or a separate addendum to, the lease contract.   "Insurer" means an insurance company licensed, registered, or otherwise authorized to do business under the insurance laws of this state.   "Motor vehicle" means self-propelled or towed vehicles designed for personal or commercial use, including but not limited to automobiles, trucks, motorcycles, recreational vehicles, all-terrain vehicles, campers, boats, personal watercraft, and motorcycle, boat, camper, and personal watercraft trailers.   "Person" includes an individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity.   "Retail buyer" shall have the same meaning as provided in Code Section 10-1-31.   "Retail installment seller" shall have the same meaning as provided in Code Section 10-1-31.     (Code 1981, §33-63-3, enacted by Ga. L. 2008, p. 1097, § 1/SB 470; Ga. L. 2014, p. 181, § 6/HB 610.)
GA Code § 33-63-5 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 63 - Guaranteed Asset Protection Waivers|§ 33-63-5. Contractual Liability or Other Insurance Policies

  Contractual liability or other insurance policies insuring guaranteed asset protection waivers must state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the guaranteed asset protection waivers issued by the creditor and purchased or held by the borrower.   Coverage under a contractual liability or other insurance policy insuring a guaranteed asset protection waiver must also cover any subsequent assignee upon the assignment, sale, or transfer of the finance agreement.   Coverage under a contractual liability or other insurance policy insuring a guaranteed asset protection waiver must remain in effect unless cancelled or terminated in compliance with the applicable insurance laws of this state.   The cancellation or termination of a contractual liability or other insurance policy must not reduce the insurer's responsibility for guaranteed asset protection waivers issued by the creditor prior to the date of cancellation or termination and for which premium has been received by the insurer.     (Code 1981, §33-63-5, enacted by Ga. L. 2008, p. 1097, § 1/SB 470.)
GA Code § 33-63-6 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 63 - Guaranteed Asset Protection Waivers|§ 33-63-6. Required Disclosures

 Guaranteed asset protection waivers must disclose, as applicable, in writing and in clear, understandable language that is easy to read, the following:    The name and address of the initial creditor and the borrower at the time of sale and the identity of any administrator if different from the creditor;   The purchase price and the terms of the guaranteed asset protection waiver, including without limitation the requirements for protection, conditions, or exclusions associated with the guaranteed asset protection waiver;   That the borrower may cancel the guaranteed asset protection waiver within a free look period, as specified in the waiver, and will be entitled to a full refund of the purchase price, provided no benefits have been made; or in the event benefits have been made, the borrower may receive a full or partial refund if the waiver so provides;   The procedure the borrower must follow, if any, to obtain guaranteed asset protection waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits;   Whether or not the guaranteed asset protection waiver is cancelable after the free look period and the conditions under which it may be canceled or terminated, including the procedures for requesting any refund due;   That in order to receive any refund due in the event of a borrower's cancellation of the guaranteed asset protection waiver agreement or early termination of the finance agreement after the free look period of the guaranteed asset protection waiver, the borrower, in accordance with terms of the waiver, must provide a written request to cancel to the creditor, administrator, or such other party within 90 days after the borrower's decision to cancel the waiver or the occurrence of the event terminating the finance agreement;   The methodology for calculating any refund of the unearned purchase price of the guaranteed asset protection waiver due in the event of cancellation of the guaranteed asset protection waiver or early termination of the finance agreement; and   That neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease may be conditioned upon the purchase of the guaranteed asset protection waiver.     (Code 1981, §33-63-6, enacted by Ga. L. 2008, p. 1097, § 1/SB 470.)
GA Code § 33-63-7 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 63 - Guaranteed Asset Protection Waivers|§ 33-63-7. Cancellation

  Guaranteed asset protection waiver agreements may be cancelable or noncancelable after the free look period. Guaranteed asset protection waivers must provide that if a borrower cancels a waiver within the free look period, the borrower will be entitled to a full refund of the purchase price, provided no benefits have been paid; or in the event benefits have been paid, the borrower may receive a full or partial refund if the waiver so provides.   In the event of a borrower's cancellation of the guaranteed asset protection waiver or early termination of the finance agreement, after the agreement has been in effect beyond the free look period, the borrower may be entitled to a refund of any unearned portion of the purchase price of the waiver unless the waiver provides otherwise. In order to receive a refund, the borrower, in accordance with any applicable terms of the waiver, must provide a written request to the creditor, administrator, or other party within 90 days after the borrower's decision to cancel the waiver or the occurrence of the event terminating the finance agreement.   If the cancellation of a guaranteed asset protection waiver occurs as a result of a default under the finance agreement or the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or administrator and applied as set forth in subsection (d) of this Code section.   Any cancellation refund under subsection (a), (b), or (c) of this Code section may be applied by the creditor as a reduction of the amount owed under the finance agreement unless the borrower can show that the finance agreement has been paid in full.     (Code 1981, §33-63-7, enacted by Ga. L. 2008, p. 1097, § 1/SB 470.)
GA Code § 33-63-8 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 63 - Guaranteed Asset Protection Waivers|§ 33-63-8. Exempted Commercial Transactions

 Subsection (c) of Code Section 33-63-4 and Code Sections 33-63-6 and 33-63-9 shall not be applicable to a guaranteed asset protection waiver offered in connection with a lease or retail installment sale associated with a commercial transaction.    (Code 1981, §33-63-8, enacted by Ga. L. 2008, p. 1097, § 1/SB 470.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2008, "33-63-4", "33-63-6", and "33-63-9" were substituted for "33-62-4", "33-62-6", and "33-62-9", respectively.
GA Code § 33-63-9 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 63 - Guaranteed Asset Protection Waivers|§ 33-63-9. Commissioner to Enforce Provisions; Penalty for Violations

 The Commissioner may take action which is necessary or appropriate to enforce the provisions of this chapter and to protect guaranteed asset protection waiver holders in this state. After proper notice and opportunity for hearing, the Commissioner may:    Order the creditor, administrator, or any other person not in compliance with this chapter to cease and desist from further guaranteed asset protection waiver related operations which are in violation of this chapter; and   Impose a penalty of not more than $500.00 per violation and not more than $10,000.00 in the aggregate for all violations of a similar nature. For purposes of this paragraph, violations must be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the conduct, action, or practice which is determined to be a violation of this chapter occurred.     (Code 1981, §33-63-9, enacted by Ga. L. 2008, p. 1097, § 1/SB 470; Ga. L. 2019, p. 533, § 1-33/HB 99.)    The 2019 amendment,  effective July 1, 2019, in the introductory paragraph, deleted "of Insurance" following "Commissioner" near the beginning of the first sentence and substituted "Commissioner" for "commissioner" near the end of the second sentence; and inserted "a" near the end of the first sentence of paragraph (2).
GA Code § 33-64-3 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 64 - Regulation and Licensure of Pharmacy Benefits Managers|§ 33-64-3. Requirements and Procedures Affecting Pharmacy Benefits Managers; Surety Bond

  Every applicant for a pharmacy benefits manager's license shall file with the application and shall thereafter maintain in force a bond in the amount of $100,000.00 in favor of the Commissioner executed by a corporate surety insurer authorized to transact insurance in this state. The terms and type of the bond shall be established by rules and regulations.   The bond shall remain in force until the surety is released from liability by the Commissioner or until the bond is canceled by the surety. Without prejudice to any liability accrued prior to cancellation, the surety may cancel the bond upon 30 days' advance notice, in writing, filed with the Commissioner.   Every applicant for a pharmacy benefits manager's license shall obtain and shall thereafter maintain in force errors and omissions coverage or other appropriate liability insurance, written by an insurer authorized to transact insurance in this state, in an amount of at least $250,000.00.   The coverage required in subsection (c) of this Code section shall remain in force for a term of at least one year and shall contain language that includes that the insurer may cancel the insurance upon 60 days' advance notice filed with the Commissioner. Other terms and conditions relating to the errors and omissions policy may be imposed on the applicant in accordance with rules and regulations.   In the event a licensed pharmacy benefits manager fails to renew, surrenders, or otherwise terminates its license, it must retain both the bond and the errors and omissions coverage for a period of not less than one year after the licensee has failed to renew, surrendered, or otherwise terminated the license.     (Code 1981, §33-64-3, enacted by Ga. L. 2010, p. 757, § 1/SB 310.)
GA Code § 33-64-4 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 64 - Regulation and Licensure of Pharmacy Benefits Managers|§ 33-64-4. (For Effective Date, See note.) Pharmacy Benefits Manager Shall Not Engage in the Practice of Medicine; Recommended Use of Licensed Physician

  No pharmacy benefits manager shall engage in the practice of medicine, except as otherwise provided in subsection (b) of this Code section.   Any physician employed by or contracted with a pharmacy benefits manager advising on or making determinations specific to a Georgia insured in connection with a prior authorization or step therapy appeal or determination review shall:   Have actively seen patients within the past five years; and   Have practiced in the same specialty area for which he or she is providing advisement within the past five years.     For contracts and amendments entered into with a pharmacy benefits manager on and after July 1, 2021, the department is encouraged to require the use of a licensed Georgia physician for prior authorization or step therapy appeal or determination reviews.     (Code 1981, §33-64-4, enacted by Ga. L. 2010, p. 757, § 1/SB 310; Ga. L. 2020, p. 768, § 3/HB 946; Ga. L. 2020, p. 780, § 3/SB 313.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2020, "July 1, 2021" was substituted for "the effective date of this Act" in the middle of subsection (c).   Editor's notes.   - Ga. L. 2020, p. 768, § 9(a)/HB 946 and Ga. L. 2020, p. 780, § 9(a)/SB 313, not codified by the General Assembly, provide, in part, that the amendment by that Act shall apply to all contracts issued, delivered, or issued for delivery in this state on and after July 1, 2021.
GA Code § 33-64-5 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 64 - Regulation and Licensure of Pharmacy Benefits Managers|§ 33-64-5. Audit Requirements Applicable to Pharmacy Benefits Managers

 Pharmacy benefits managers, whether licensed pursuant to this chapter or exempt from licensure pursuant to subsection (l) of Code Section 33-64-2, shall be subject to Code Section 26-4-118, "The Pharmacy Audit Bill of Rights," to the same extent and in the same manner as pharmacies.    (Code 1981, §33-64-5, enacted by Ga. L. 2010, p. 757, § 1/SB 310.)
GA Code § 33-64-6 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 64 - Regulation and Licensure of Pharmacy Benefits Managers|§ 33-64-6. Pharmacy Benefits Manager Shall Not Have to Be Licensed as an Administrator

 A pharmacy benefits manager licensed pursuant to this chapter shall not be required to obtain a license as an administrator pursuant to Article 2 of Chapter 23 of this title to perform any function as a pharmacy benefits manager pursuant to this chapter.    (Code 1981, §33-64-6, enacted by Ga. L. 2010, p. 757, § 1/SB 310; Ga. L. 2011, p. 752, § 33/HB 142.)
GA Code § 33-64-8 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 64 - Regulation and Licensure of Pharmacy Benefits Managers|§ 33-64-8. Electronic Prior Authorization Drug Requests With Health Care Providers

  As used in this Code section, "electronic prior authorization" or "e-prior authorization" means a requirement that a prescriber obtain approval via electronic media from a health plan to prescribe a specific medication prior to dispensing. Facsimiles shall not be considered an electronic submission under this Code section except in the event that such electronic media is temporarily unavailable due to system failure or outage.   No later than 24 months after the adoption of standards by the National Council of Prescription Drug Programs, the department shall under the direction of the Commissioner adopt standards by which the pharmacy benefits manager shall exchange standard e-prior authorization requests with health care providers for drugs and devices using electronic data interchange standards consistent with those adopted by the National Council of Prescription Drug Programs. Such standards shall support clinical workflow decision support of the physician provider.   No later than 24 months after the adoption of standards by the National Council of Prescription Drug Programs, e-prior authorization requests shall be accessible and submitted by providers to pharmacy benefits managers and health plans through secure electronic transmissions utilizing the current National Council of Prescription Drug Programs electronic prior authorization standard.   Nothing in this Code section shall require any health care provider to participate in e-prior authorization or electronic prior authorization in order to obtain the necessary authorization for patient care.     (Code 1981, §33-64-8, enacted by Ga. L. 2012, p. 1134, § 1/SB 416.)
GA Code § 33-64-10 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 64 - Regulation and Licensure of Pharmacy Benefits Managers|§ 33-64-10. (Effective Until July 1, 2021) Administration of Claims by Pharmacy Benefits Manager

  A pharmacy benefits manager shall administer claims in compliance with Code Section 33-30-4.3 and shall not require insureds to use a mail-order pharmaceutical distributor including a mail-order pharmacy.   A pharmacy benefits manager shall report annually to each client, including but not limited to insurers and payors, the aggregate amount of all rebates that the pharmacy benefits manager received from pharmaceutical manufacturers in connection with claims if administered on behalf of the client and the aggregate amount of such rebates the pharmacy benefits manager received from pharmaceutical manufacturers that it did not pass through to the client.   This Code section shall not apply to:   A care management organization, as defined in Chapter 21A of this title;   The Department of Community Health, as defined in Chapter 2 of Title 31;   The State Health Benefit Plan under Article 1 of Chapter 18 of Title 45; or   Any licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies which are licensed under Code Section 26-4-110.       (Code 1981, §33-64-10, enacted by Ga. L. 2017, p. 494, § 2/HB 276; Ga. L. 2017, p. 497, § 2/SB 103; Ga. L. 2019, p. 940, § 2/HB 323; Ga. L. 2020, p. 493, § 33/SB 429; Ga. L. 2020, p. 654, § 4/HB 918.)   Editor's notes.   - Ga. L. 2017, p. 494, § 2/HB 276 and Ga. L. 2017, p. 497, § 2/SB 103 both enacted a Code section designated 33-64-10 and containing identical provisions.   Ga. L. 2017, p. 494, § 3/HB 276 and Ga. L. 2017, p. 497, § 3/SB 103, not codified by the General Assembly, provide that this Code section shall apply to all contracts issued, delivered, or issued for delivery in this state on and after July 1, 2017.   Ga. L. 2019, p. 940, § 4/HB 323, not codified by the General Assembly, provides, in part, that this Act shall apply to all contracts issued, delivered, or issued for delivery in this state on and after January 1, 2020.