reglab/housing_qa huggingface dataset:
GA Code § 33-1-12 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 1 - General Provisions|§ 33-1-12. Entry Into Contracts by Life Insurers for Provision of Funeral Merchandise or Services to Persons Insured

 It shall be unlawful for any insurer writing any type of life insurance upon the lives of citizens of this state to enter into any contract with any citizen of this state contracting and agreeing to furnish funeral merchandise or services upon the death of any person insured.   (Code 1933, § 56-9905, enacted by Ga. L. 1960, p. 289, § 1.)   Cross references.   - Funeral directors, and embalmers, T. 43, C. 18.   JUDICIAL DECISIONS   Preneed funeral service contract.    - A three-party transaction between the plaintiffs, a funeral home, and an insurance company involved in a preneed funeral service contract as defined in paragraph (6) of former O.C.G.A. § 43-18-92, where plaintiffs each purchased from the insurer a single premium annuity policy with a death benefit, then executed a document purporting to be an irrevocable assignment of the policy to the funeral home and in consideration of that assignment, the funeral home agreed to provide burial services for plaintiffs, was revocable as a matter of law. Johnson v. Morris, 186 Ga. App. 522, 367 S.E.2d 841 (1988).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions decided under former Ga. L. 1935, p. 392 are included in the annotations for this Code section.   Policies providing for furnishing funeral services may not be sold.   - A licensed or unlicensed insurance company or agent may not sell policies which designate the person to conduct the funeral of the insured, restrict the right to purchase funeral services in the open market, or provide for payment in funeral services, merchandise, or other than legal tender of the United States. 1945-47 Op. Att'y Gen. p. 366 (rendered under Ga. L. 1935, p. 392).   Burial supplies and equipment.    - Personal property sold in advance of need as a device for the burial of human remains and which functions both as a burial casket and underground burial vault, but which cannot be used to encase a casket, such as the "chapel vault system," is one of the articles classified as burial supplies and equipment by former O.C.G.A. § 43-18-92. 1989 Op. Att'y Gen. 89-43.
GA Code § 33-1-13 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 1 - General Provisions|§ 33-1-13. Receiving of Compensation From Undertakers on Account of Employment; Giving of Compensation by Undertakers

 No person, firm, or corporation engaged in the life insurance business shall contract for or receive any compensation or gratuity, directly or indirectly, on account of the employment of any undertaker in connection with a burial or preparation for burial of any person whose life is insured by said company; and no undertaker shall give or agree to give any such compensation or commission to such person, firm, or corporation engaged in the insurance business.   (Ga. L. 1933, p. 186, § 1; Code 1933, § 56-9907; Code 1933, § 56-9903, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2019, p. 337, § 1-5/SB 132.)    The 2019 amendment,  effective July 1, 2019, deleted "or the industrial life insurance business" following "life insurance business" near the beginning.   Cross references.   - Funeral directors, and embalmers, T. 43, C. 18.   JUDICIAL DECISIONS   Undertakers entitled to enjoin insurance company without seeking administrative relief.    - Where the plaintiffs were engaged in the undertaking business and were suffering special injury from the alleged illegal acts of the defendant insurance company in issuing burial policies naming a certain firm as undertakers and receiving commissions from this firm in violation of this section, the plaintiffs were entitled to maintain the suit for injunction in their own names, without first seeking relief from the Insurance Commissioner, and without abiding the action of this or any other officer in behalf of the state. Blackmon v. Gulf Life Ins. Co., 179 Ga. 343, 175 S.E. 798 (1934).
GA Code § 33-1-15 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 1 - General Provisions|§ 33-1-15. Affidavit That Insured's Motor Vehicle Stolen

  In any case where an insured has executed an affidavit affirming that such insured's motor vehicle has been stolen, the insurer shall be required to accept by-hand delivery of such affidavit from such insured.   It shall be unlawful for any person who executes the affidavit provided for in subsection (a) of this Code section knowing that it purports to be an acknowledgment of a lawful oath or affirmation to hand deliver such affidavit if such person knowingly and willfully made a false statement in such affidavit.   Any person who violates subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $10,000.00, or both.     (Code 1981, §33-1-15, enacted by Ga. L. 1989, p. 328, § 1.)
GA Code § 33-1-16.1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 1 - General Provisions|§ 33-1-16.1. Excessive, Fraudulent, or High-Tech Drug Testing of Certain Individuals as Fraudulent Insurance Act

  As used in this Code section, the term:   "High-tech drug testing” means testing an individual's specimen for more than one substance and billing and receiving payment separately for each substance tested.   "Person” means an individual, any person who provides coverage under Code Section 33-1-14, and any owner, manager, medical practitioner, employee, or other party involved in a fraudulent insurance act prohibited by this Code section.       For purposes of this Code section, a person commits a fraudulent insurance act if he or she knowingly and with intent to defraud, presents, causes to be presented, or prepares with knowledge or belief that it will be presented, any billing for excessive testing, fraudulent testing, or high-tech drug testing in the treatment of the elderly, the disabled, or any individual affected by pain, substance abuse, addiction, or any related disorder, to or by an insurer, broker, or any agent thereof, or directly or indirectly to an insured or uninsured patient.   Such billing as provided for in paragraph (1) of this subsection shall include, but shall not be limited to:   Upcoding that results in billing for more expensive services or procedures than were actually provided or performed;   For patients undergoing drug abuse treatment, unbundling of such billing whereby a drug test from a single sample that detects a variety of narcotics is separated into multiple tests and billed separately;   Billing an individual for multiple copayment amounts;   Billing for drug testing that was not performed; and   Billing for an excessive number of drug tests that are found to be medically unnecessary for the treatment.       If, by his or her own inquiries or as a result of information received, the Commissioner has reason to believe that a person has engaged in or is engaging in a fraudulent insurance act under this Code section, the Commissioner shall have all the powers and duties pursuant to Code Section 33-1-16 to investigate such matter.   A natural person convicted of a violation of this Code section shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than 12 months, by a fine of not more than $1,000.00 per violation, or both.   This Code section shall not supersede any investigation audit which involves fraud, willful misrepresentation, or abuse under Article 7 of Chapter 4 of Title 49 or any other statutory provisions which authorize investigation relating to insurance.     (Code 1981, §33-1-16.1, enacted by Ga. L. 2021, p. 436, § 2/SB 4.)
GA Code § 33-1-19 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 1 - General Provisions|§ 33-1-19. Special Advisory Commission on Mandated Health Insurance Benefits

 Reserved. Repealed by Ga. L. 2019, p. 919, § 13-1/HB 553, effective July 1, 2019.   Code Commission notes.   - Former Code Section33-1-19 was repealed by Ga. L. 2019, p. 919, § 13-1/HB 553, effective July 1, 2019. However, Ga. L. 2019, p. 337, § 1-8/SB 132, effective July 1, 2019, purported to amend this Code section by substituting "department" for "Insurance Department" in paragraphs (d)(1) and (d)(2) and "Department of Insurance" for "Insurance Department" in subsection (f). For effect of subsequent amendment of a repealed statute, see Lampkin v. Pike, 115 Ga. 827 (1902).   Editor's notes.   - This Code section was based on Code 1981, § 33-1-19, enacted by Ga. L. 2011, p. 329, § 1/SB 17; Ga. L. 2012, p. 775, § 33/HB 942.   Ga. L. 2019, p. 919, § 13-2/HB 553, not codified by the General Assembly, provides: "Any assets of the Special Advisory Commission on Mandated Health Insurance Benefits existing as of June 30, 2019, shall devolve by operation of law and without further action to the State of Georgia on July 1, 2019. Any liabilities and obligations of the Special Advisory Commission on Mandated Health Insurance Benefits existing as of June 30, 2019, shall be transferred to and assumed by the State of Georgia, by such instruments as may be required to maintain the same."
GA Code § 33-1-21 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 1 - General Provisions|§ 33-1-21. Certain Subscription Agreements for Prepaid Air Ambulance Service Not Contract of Insurance; Definitions

  As used in this Code section, the term:   "Air ambulance" means any rotary-wing aircraft used or intended to be used for hire for transportation of sick or injured persons who may need medical attention during transport.   "Air ambulance service" means the for hire providing of emergency care and transportation by means of an air ambulance for an injured or sick person to or from a place where medical or hospital care is furnished.   "Membership fees" means amounts collected by a membership provider as consideration for a membership subscription.   "Membership provider" means an entity that is licensed to provide air ambulance services pursuant to Chapter 11 of Title 31.   "Membership subscription" means an agreement where a membership provider's charges to a subscription member for air ambulance services are discounted or are prepaid, but only for charges that are not otherwise covered by a third party.   "Subscription member" means an individual who is the beneficiary of a membership subscription.       The solicitation of membership subscriptions, the acceptance of applications for membership subscriptions, the charging of membership fees, and the furnishing of prepaid or discounted air ambulance service to subscription members by a membership provider shall not constitute the writing of insurance.   A membership subscription shall not constitute a contract of insurance.       (Code 1981, §33-1-21, enacted by Ga. L. 2011, p. 350, § 1/HB 248; Ga. L. 2020, p. 493, § 33/SB 429.)    The 2020 amendment,  effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (a)(2).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2011, Code Section 33-1-20, as enacted by Ga. L. 2011, p. 350, § 1/HB 248, was redesignated as Code Section 33-1-21.
GA Code § 33-1-22 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 1 - General Provisions|§ 33-1-22. English Language Version of Policy Controls

 In the event of a dispute or complaint wherein an insurer provided any material in a language other than English, the English language version of the policy, as that term is defined in Code Section 33-24-1, shall control the resolution of such dispute or complaint; provided, however, that nothing contained in this Code section shall abrogate or supersede the provisions set forth in Chapter 6 of this title, relating to unfair trade practices.    (Code 1981, §33-1-22, enacted by Ga. L. 2012, p. 1350, § 8A/HB 1067.)   Cross references.   - English designated as official language, § 50-3-100.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2012, Code Section 33-1-22, as enacted by Ga. L. 2012, p. 348, § 1/HB 785, was redesignated as Code Section 43-1-32.
GA Code § 33-1-23 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 1 - General Provisions|§ 33-1-23. Establishment of Exchange

  As used in this Code section, the term "exchange" shall have the same meaning provided for in paragraph (1) of Code Section 33-23-201.   No department, agency, instrumentality, or political subdivision of this state shall:   Establish any program; promulgate any rule, policy, guideline, or plan; or change any program, rule, policy, or guideline to implement, establish, create, administer, or otherwise operate an exchange; or   Apply for, accept, or expend federal moneys related to the creation, implementation, or operation of an exchange.     Nothing in this Code section shall apply to the Commissioner of Insurance in the implementation or enforcement of the provisions of Article 3 of Chapter 23 of this title.   Neither the state nor any department, agency, bureau, authority, office, or other unit of the state, including the University System of Georgia and its member institutions, nor any political subdivision of the state shall establish, create, implement, or operate a navigator program or its equivalent as defined in Code Section 33-23-201; provided, however, that any grant regarding a navigator program in effect on April 15, 2014, shall be permitted to continue for the term of such grant but shall then terminate upon the expiration of the term of such grant and shall not be renewed, notwithstanding any provision contained within such grant allowing for automatic renewal under certain circumstances.   Nothing in this Code section shall be construed to preclude the state from participating in any Medicaid program.     (Code 1981, §33-1-23, enacted by Ga. L. 2014, p. 243, § 1-3/HB 943; Ga. L. 2020, p. 493, § 33/SB 429.)    The 2020 amendment,  effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "Medicaid" for "MEDICAID" in subsection (e).   Cross references.   - Advocating for voluntary expansion by the state of eligibility for medical assistance in furtherance of the federal Patient Protection and Affordable Care Act, § 31-1-40.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2014, "April 15, 2014," was substituted for "the effective date of this Code section" in subsection (d).   Editor's notes.   - Ga. L. 2014, p. 243, § 1-1/HB 943, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Health Care Freedom Act.'"
GA Code § 33-1-26 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 1 - General Provisions|§ 33-1-26. Governor's Request for Waiver From Federal Patient Protection and Affordable Care Act; Expiration of Authority

  The Governor is hereby authorized to submit one or more applications to the United States Secretaries of Health and Human Services and the Treasury for waiver of applicable provisions of the federal Patient Protection and Affordable Care Act (P. L. 111-148) under Section 1332 with respect to health insurance coverage or health insurance products.Any such submission to obtain a state innovation waiver may include multiple waiver submissions.On or after January 1, 2020, upon approval of one or more waivers, the state is authorized to implement such waiver or waivers as provided under Section 1332 of such federal act in a manner consistent with state and federal law.   The authority granted to the Governor in subsection (a) of this Code section to submit one or more applications shall expire on December 31, 2021.     (Code 1981, §33-1-26, enacted by Ga. L. 2019, p. 2, § 3-2/SB 106.)   Editor's notes.   - Ga. L. 2019, p. 2, § 1-1/SB 106, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Patients First Act.'"   Ga. L. 2019, p. 2, § 3-1/SB 106, not codified by the General Assembly, provides: "The General Assembly finds that:   "(1) For Georgians in recent years, private sector health insurance choices have decreased and the costs of insurance coverage have increased;   "(2) Through the granting of Section 1332 innovation waivers, the federal government allows states to pursue innovative strategies for providing their residents with access to high quality, comprehensive, and affordable health insurance while retaining the basic protections for consumers; and   "(3) Such waivers may be narrowly tailored to address specific problems and may address, among other things, the creation of state reinsurance programs, high-risk health conditions, changes to premium tax credits and cost-sharing arrangements, consumer-driven health care accounts, the creation of new health insurance products, the implementation of health care delivery systems, or the redefinition of essential health benefits."   Law reviews.   - For article on the 2019 enactment of this Code section, see 36 Ga. St. U.L. Rev. 207 (2019).   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, § 544 et seq.   70C Am. Jur. 2d, Social Security and Medicare, § 1905.
GA Code § 33-2-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 2 - Department and Commissioner|§ 33-2-1. Creation of Department; Commissioner Chief Officer of Department; Powers and Duties of Department and Commissioner Generally

 There is created the Department of Insurance of the State of Georgia. The chief officer of such department shall be the Commissioner of Insurance. The purpose and function of the department and the duties and powers of the Commissioner shall be those created and vested by this title.   (Ga. L. 1912, p. 119, § 1; Code 1933, § 56-101; Code 1933, § 56-201, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1986, p. 855, § 12; Ga. L. 1987, p. 3, § 33; Ga. L. 2019, p. 337, § 1-9/SB 132.)    The 2019 amendment,  effective July 1, 2019, substituted "Department of Insurance" for "Insurance Department" in the first sentence.   OPINIONS OF THE ATTORNEY GENERAL   Commissioner lacks power to make binding tax claim settlement.   - The Insurance Commissioner does not have the authority to accept payment of taxes for a five-year period and sign a binding agreement that this amount satisfies all claims by the state against the insurer. 1969 Op. Att'y Gen. No. 69-396.
GA Code § 33-2-2 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 2 - Department and Commissioner|§ 33-2-2. Seal of Commissioner

 The Commissioner shall have an official seal of such design as he or she shall select with the approval of the Governor.   (Code 1933, § 56-202, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2011, p. 99, § 45/HB 24.)   Editor's notes.   - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the amendment to this Code section by that Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Law reviews.   - For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).
GA Code § 33-2-3 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 2 - Department and Commissioner|§ 33-2-3. Organization of Department by Commissioner

 The Commissioner shall set up within the department such divisions or sections as he may deem necessary for the appropriate performance of the duties of the department and the proper exercise of the powers vested in the department. Such organization shall proceed along functional lines and shall have as its purpose efficiency in operation and service to the public.   (Code 1933, § 56-205, enacted by Ga. L. 1960, p. 289, § 1.)
GA Code § 33-2-4 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 2 - Department and Commissioner|§ 33-2-4. Appointment and Removal of Chief Deputy Insurance Commissioner and Other Deputies

 Reserved. Repealed by Ga. L. 2019, p. 337, § 1-10/SB 132, effective July 1, 2019.   Editor's notes.   - This Code section was based on Ga. L. 1960, p. 289, § 1.
GA Code § 33-2-5 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 2 - Department and Commissioner|§ 33-2-5. Appointment of Personnel; Possession of Financial Interest; Additional Remuneration for Services

  The Commissioner may appoint and prescribe the duties of such assistants, examiners, actuaries, clerks, and employees as may be necessary to discharge the duties placed upon the department by this title. The Commissioner shall fix the compensation of all such personnel.   The Commissioner or any deputy, examiner, actuary, clerk, or any employee of the department shall not be financially interested, directly or indirectly, in any insurer, agency, or insurance transaction except as a policyholder or claimant under a policy; however, as to such matters wherein a conflict of interests does not exist on the part of any such individual, the Commissioner may employ from time to time insurance actuaries or other technicians who are independently practicing their professions even though similarly employed by insurers and others.   The Commissioner or any deputy, examiner, actuary, clerk, or employee of the department shall not be given or receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as such Commissioner, deputy, examiner, actuary, clerk, or employee.    (Code 1933, § 56-207, enacted by Ga. L. 1960, p. 289, § 1.)   Cross references.   - Conflicts of interest generally, § 45-10-20 et seq.
GA Code § 33-2-6 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 2 - Department and Commissioner|§ 33-2-6. Delegated Authority

  Any authority, power, or duty vested in the Commissioner by any provision of this title may be exercised, discharged, or performed by any deputy, assistant, examiner, or employee of the department acting in the Commissioner's name and by his delegated authority.   The Commissioner shall be responsible for the official acts of such persons who act in his name and by his authority.    (Code 1933, § 56-213, enacted by Ga. L. 1960, p. 289, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Limitation on authority of Commissioner to delegate duties.   - Commissioner of Insurance may not delegate to the chief deputy insurance commissioner his membership or duties on the State Depository Board, the State Indemnification Commission, the Board of Trustees for the Subsequent Injury Trust Fund, or the State Commission on Condemnation of Public Property. 1995 Op. Att'y Gen. No. 95-11.   RESEARCH REFERENCES   ALR.    - Personal liability of public officials or bond for permitting insurance company or other corporation to engage or continue in business without complying with statutory requirement, 131 A.L.R. 275.