reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 51 - GEORGIA AFFORDABLE HSA ELIGIBLE HIGH DEDUCTIBLE HEALTH PLAN (§§ 33-51-1 — 33-51-7) › Section 33-51-3 - Development of guidelines; promotion by Commissioner; authority of Commissioner

(a)
The Commissioner shall develop flexible guidelines for coverage and approval of health savings account eligible high deductible plans which are designed to qualify under federal and state requirements as high deductible health plans for use with health savings accounts which comply with federal requirements under the applicable provisions of the federal Internal Revenue Code for high deductible health plans sold in connection with health savings accounts.
(b)
The Commissioner shall be authorized to encourage and promote the marketing of health savings account eligible high deductible plans by accident and sickness insurers in this state; provided, however, that nothing in this Code section shall be construed to authorize the sale of insurance in violation of Chapter 3 of this title or interstate sales of insurance.
(c)
The Commissioner shall be authorized to conduct a national study of health savings account eligible high deductible plans available in other states and to determine if and how these products serve the uninsured and if they should be made available to Georgians.
(d)
The Commissioner shall be authorized to develop an automatic or fast track approval process for health savings account eligible high deductible plans already approved under the laws and regulations of this state or other states.
Amended by 2020 Ga. Laws 521,§ 33, eff. 7/29/2020.
Amended by 2019 Ga. Laws 186,§ 1-14, eff. 7/1/2019.
Added by 2008 Ga. Laws 463,§ 3, eff. 5/7/2008; exp. 1/1/2015.
Added by 2008 Ga. Laws 462,§ 2, eff. 5/7/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 51 - GEORGIA AFFORDABLE HSA ELIGIBLE HIGH DEDUCTIBLE HEALTH PLAN (§§ 33-51-1 — 33-51-7) › Section 33-51-4 - Programs not considered unfair trade practice

Insurers that include and operate wellness and health promotion programs, disease and condition management programs, health risk appraisal programs, and similar provisions in their high deductible health policies in keeping with federal requirements shall not be considered to be engaging in unfair trade practices under Code Section
33-6-4
with respect to references to the practices of illegal inducements, unfair discrimination, and rebating.
Added by 2008 Ga. Laws 463,§ 3, eff. 5/7/2008; exp. 1/1/2015.
Added by 2008 Ga. Laws 462,§ 2, eff. 5/7/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 51 - GEORGIA AFFORDABLE HSA ELIGIBLE HIGH DEDUCTIBLE HEALTH PLAN (§§ 33-51-1 — 33-51-7) › Section 33-51-5 - Nonpreferred provider reimbursement

There shall be no required relationship between preferred provider and nonpreferred provider plan reimbursements for health savings account eligible high deductible plans using nonpreferred provider reimbursements. Such plans, however, shall not:
(1)
Unfairly deny health benefits for medically necessary covered services;
(2)
Have differences in benefit levels payable to preferred providers compared to other providers that unfairly deny benefits for covered services;
(3)
Have a plan coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers that is less than 60 percent of the benefit levels under the policy for such services; or
(4)
Have an adverse effect on the availability or the quality of services.
Added by 2008 Ga. Laws 463,§ 3, eff. 5/7/2008; exp. 1/1/2015.
Added by 2008 Ga. Laws 462,§ 2, eff. 5/7/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 51 - GEORGIA AFFORDABLE HSA ELIGIBLE HIGH DEDUCTIBLE HEALTH PLAN (§§ 33-51-1 — 33-51-7) › Section 33-51-6 - Incentives for preferred providers

Notwithstanding the provisions of paragraphs (2) and (3) of Code Section
33-51-5
, health benefit plans providing incentives for covered persons to use pharmaceutical or dental services of preferred providers shall provide, and clearly indicate, that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, that the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for such dental or pharmaceutical services.
Added by 2008 Ga. Laws 462,§ 2, eff. 5/7/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 51 - GEORGIA AFFORDABLE HSA ELIGIBLE HIGH DEDUCTIBLE HEALTH PLAN (§§ 33-51-1 — 33-51-7) › Section 33-51-7 - Health reimbursement arrangement only

(a)
The Commissioner shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner.
(b)
Health reimbursement arrangement only plans that are not sold in connection with or packaged with individual health insurance policies shall not be considered insurance under this title.
(c)
Individual insurance policies offered or funded through health reimbursement arrangements shall not be considered employer sponsored or group coverage for purposes of this title, and nothing in this Code section shall be interpreted to require an insurer to offer an individual health insurance policy for sale in connection with or packaged with a health reimbursement arrangement or to accept premiums from health reimbursement arrangement plans for individual health insurance policies.
Added by 2009 Ga. Laws 154,§ 2, eff. 5/5/2009.
Added by 2008 Ga. Laws 462,§ 2, eff. 5/7/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 52 - ASSUMPTION REINSURANCE AGREEMENTS (§§ 33-52-1 — 33-52-17) › Article 1 - [GENERAL PROVISIONS] (§§ 33-52-1 — 33-52-6) › Section 33-52-1 - Applicability of article

(a)
This article 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.
(b)
This article shall not apply to:
(1)
Any reinsurance agreement or transaction in which the ceding insurer continues to remain directly liable for its insurance obligations or risks under the contracts of insurance subject to the reinsurance agreement;
(2)
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;
(3)
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;
(4)
Any insurer subject to a judicial order of liquidation or rehabilitation; or
(5)
Any contract controlled by a state guaranty association or a state insolvency pool.
Amended by 2024 Ga. Laws 592,§ 3, eff. 5/6/2024.
Amended by 2024 Ga. Laws 592,§ 2, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 52 - ASSUMPTION REINSURANCE AGREEMENTS (§§ 33-52-1 — 33-52-17) › Article 1 - [GENERAL PROVISIONS] (§§ 33-52-1 — 33-52-6) › Section 33-52-2 - Definitions

As used in this article:
(1)
"Assuming insurer" means the insurer which acquires an insurance obligation or risk from the transferring insurer pursuant to an assumption reinsurance agreement.
(2)
"Assumption reinsurance agreement" means any contract which both:
(A)
Transfers insurance obligations or risks of existing or in-force contracts of insurance from a transferring insurer to an assuming insurer; and
(B)
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.
(3)
"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.
(4)
"Notice of transfer" means the written notice to policyholders required by subsection (a) of Code Section
33-52-3
.
(5)
"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 article 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.
(6)
"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.
Amended by 2024 Ga. Laws 592,§ 3, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 52 - ASSUMPTION REINSURANCE AGREEMENTS (§§ 33-52-1 — 33-52-17) › Article 1 - [GENERAL PROVISIONS] (§§ 33-52-1 — 33-52-6) › Section 33-52-3 - Notice of transfer; contents and form of notice; prior approval of Commissioner

(a)
(1)
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)
A detailed statement explaining the reason or reasons for the transfer;
(B)
The date the transfer and novation of the policyholder's contract of insurance is proposed to take place;
(C)
The names, addresses, and telephone numbers of the assuming and transferring insurers;
(D)
That the policyholder may reject the transfer and novation;
(E)
The procedure and time limit for rejecting the transfer and novation;
(F)
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;
(G)
The states in which the assuming insurer is licensed;
(H)
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
(I)
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.
(2)
The Commissioner may prescribe the form of the notice to be delivered to policyholders.
(3)
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.
(b)
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.
Amended by 2019 Ga. Laws 139,§ 1-93, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 52 - ASSUMPTION REINSURANCE AGREEMENTS (§§ 33-52-1 — 33-52-17) › Article 1 - [GENERAL PROVISIONS] (§§ 33-52-1 — 33-52-6) › Section 33-52-4 - Rejection of transaction by policyholders; receipt of notice; transfers involving companies deemed to be in hazardous condition

(a)
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.
(b)
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.
(c)
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 article. This may include adequate notification to the policyholder of the circumstances requiring the transfer as approved by the Commissioner.
Amended by 2024 Ga. Laws 592,§ 3, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 52 - ASSUMPTION REINSURANCE AGREEMENTS (§§ 33-52-1 — 33-52-17) › Article 1 - [GENERAL PROVISIONS] (§§ 33-52-1 — 33-52-6) › Section 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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 52 - ASSUMPTION REINSURANCE AGREEMENTS (§§ 33-52-1 — 33-52-17) › Article 1 - [GENERAL PROVISIONS] (§§ 33-52-1 — 33-52-6) › Section 33-52-6 - Approval or disapproval by Commissioner

(a)
The Commissioner shall approve or disapprove the entire assumption reinsurance transaction. The following items shall be submitted to the Commissioner:
(1)
A detailed statement explaining the reason or reasons for the transfer;
(2)
The assumption reinsurance agreement;
(3)
The certificate of assumption;
(4)
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
(5)
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.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 52 - ASSUMPTION REINSURANCE AGREEMENTS (§§ 33-52-1 — 33-52-17) › Article 2 - [INSURANCE BUSINESS TRANSFER] (§§ 33-52-10 — 33-52-17) › Section 33-52-10 - [Short title]

This Act shall be known and may be cited as the "Insurance Business Transfer Act."
Added by 2024 Ga. Laws 592,§ 4, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 52 - ASSUMPTION REINSURANCE AGREEMENTS (§§ 33-52-1 — 33-52-17) › Article 2 - [INSURANCE BUSINESS TRANSFER] (§§ 33-52-10 — 33-52-17) › Section 33-52-11 - [Purpose]

This article is adopted to provide options to address the limitations in the current methods available to insurers to transfer or assume blocks of insurance business in an efficient and cost-effective manner that: provides needed legal finality for such transfers in order to provide for improved operational and capital efficiency for insurance companies; stimulates the economy by attracting segments of the insurance industry to this state; makes this state an attractive home jurisdiction for insurance companies; encourages economic growth and increased investment in the financial services sector; and increases the availability of quality insurance industry jobs in this state. These purposes are accomplished by providing a basis and procedures for the transfer and novation of policies from a transferring insurer to an assuming insurer by way of an insurance business transfer plan without the affirmative consent of policyholders or reinsureds. The novation is effected by court order. This article establishes the requirements for notice and disclosure and standards and procedures for the approval of the transfer and novation by the Commissioner and the Superior Court of Fulton County pursuant to an insurance business transfer plan. This article shall not limit or restrict other means of effecting a transfer or novation.
Added by 2024 Ga. Laws 592,§ 4, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 52 - ASSUMPTION REINSURANCE AGREEMENTS (§§ 33-52-1 — 33-52-17) › Article 2 - [INSURANCE BUSINESS TRANSFER] (§§ 33-52-10 — 33-52-17) › Section 33-52-13 - [Court action]

Notwithstanding any other provision of law, the court may issue any order, process, or judgment it deems necessary or appropriate to carry out the provisions of this article. No provision of this article shall be construed to preclude the court from, on its own motion, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of power.
Added by 2024 Ga. Laws 592,§ 4, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 52 - ASSUMPTION REINSURANCE AGREEMENTS (§§ 33-52-1 — 33-52-17) › Article 2 - [INSURANCE BUSINESS TRANSFER] (§§ 33-52-10 — 33-52-17) › Section 33-52-14 - [Notice]

(a)
When notice is required under this article and except as otherwise permitted or directed by the court or the Commissioner, such notice shall be transmitted within 45 days of the event triggering such requirement:
(1)
To the chief insurance regulatory official in each jurisdiction in which the transferring insurer:
(A)
Holds or has ever held a certificate of authority; and
(B)
In which policies that are part of the subject business were issued or policyholders currently reside;
(2)
To the National Conference of Insurance Guaranty Funds, the National Organization of Life and Health Insurance Guaranty Associations, and all state insurance guaranty associations for the states in which the transferring insurer:
(A)
Holds or has ever held a certificate of authority; and
(B)
In which policies that are part of the subject business were issued or policyholders currently reside;
(3)
To reinsurers of the transferring insurer pursuant to the notice provisions of the reinsurance agreements applicable to the policies that are part of the subject business, or where an agreement has no provision for notice, by internationally recognized delivery service;
(4)
To all policyholders holding policies that are part of the subject business at their last known address as indicated by the records of the transferring insurer or to the address to which premium notices or other policy documents are sent. Notice shall also be sent to the transferring insurer's agents or brokers of record on the subject business; and
(5)
By publication in a newspaper or other publication of general circulation in the state in which the transferring insurer has its principal place of business and in such other publications that the Commissioner requires.
(b)
When notice is given in accordance with this Code section, any information or orders under this article shall be conclusive with respect to all intended recipients of the notice, whether or not the intended recipients receive actual notice.
(c)
When notice is required by an applicant or petitioner but a receiver of the insurer has been appointed pursuant to the laws of the insurer's home jurisdiction, the receiver shall provide the required notice.
Added by 2024 Ga. Laws 592,§ 4, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 52 - ASSUMPTION REINSURANCE AGREEMENTS (§§ 33-52-1 — 33-52-17) › Article 2 - [INSURANCE BUSINESS TRANSFER] (§§ 33-52-10 — 33-52-17) › Section 33-52-16 - [Consent to jurisdiction]

Insurers subject to this article consent to the jurisdiction of the Commissioner with regard to ongoing oversight of operations, management, and solvency relating to the transferred business, including the authority of the Commissioner to conduct financial analysis and examinations.
Added by 2024 Ga. Laws 592,§ 4, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 52 - ASSUMPTION REINSURANCE AGREEMENTS (§§ 33-52-1 — 33-52-17) › Article 2 - [INSURANCE BUSINESS TRANSFER] (§§ 33-52-10 — 33-52-17) › Section 33-52-17 - [Fee; reimbursement of compensation and expenses]

(a)
At the time of filing its application with the Commissioner for review and approval of an insurance business transfer plan, an applicant shall pay a nonrefundable fee to the department in the amount of $10,000.00.
(b)
In the Commissioner's discretion, in connection with the department's participation in the proceedings undertaken pursuant to this article, an applicant shall reimburse the department for any compensation and benefits paid to the personnel of the department for time spent engaged in the proceedings, including, but not limited to, examiners, actuaries, attorneys, managers, and paraprofessionals.
(c)
The Commissioner may retain independent authorized consultants, including attorneys, appraisers, actuaries, certified public accountants, or other professionals and specialists to assist department personnel in connection with the review required by this article, the cost of which shall be borne by the applicant.
(d)
The applicant shall pay the expenses of the department and its authorized consultants incurred in fulfilling their obligations under this article, including the actual expenses of the department or the expenses and compensation of any consultants retained by the department.
(e)
The transferring insurer and the assuming insurer shall jointly be obligated to pay any compensation, costs, and expenses of the independent expert and any consultants retained by the independent expert and approved by the department incurred in fulfilling the obligations of the independent expert under this article. Nothing in this article shall be construed to create any duty for the independent expert to any party other than the department or the court.
(f)
Failure to pay any of the requisite fees or reimbursements within 30 days of demand shall be grounds for the Commissioner to request that the court dismiss the petition for approval of the insurance business transfer plan prior to the filing of an implementation order by the court, or, if after the filing of an implementation order, the Commissioner may suspend or revoke the assuming insurer's certificate of authority to transact insurance business in this state.
Added by 2024 Ga. Laws 592,§ 4, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 53 - COVERAGE FOR CERTAIN TYPES OF ANTI-CANCER DRUG THERAPY (§§ 33-53-1 — 33-53-4) › Section 33-53-1 - Definitions

As used in this chapter:
(1)
"Drug" means a drug or biologic that is used in an antineoplastic regimen.
(2)
"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.
(3)
"Standard reference compendium" means any of the following:
(A)
The United States Pharmacopeia Drug Information;
(B)
The American Medical Association Drug Evaluations;
(C)
The American Hospital Formulary Service Drug Information.
Amended by 2019 Ga. Laws 186,§ 1-15, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 53 - COVERAGE FOR CERTAIN TYPES OF ANTI-CANCER DRUG THERAPY (§§ 33-53-1 — 33-53-4) › Section 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:
(1)
The drug is recognized for treatment of the indication in at least one standard reference compendium;
(2)
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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 53 - COVERAGE FOR CERTAIN TYPES OF ANTI-CANCER DRUG THERAPY (§§ 33-53-1 — 33-53-4) › Section 33-53-3 - [Reserved] Enforcement

Amended by 2019 Ga. Laws 186,§ 1-16, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 53 - COVERAGE FOR CERTAIN TYPES OF ANTI-CANCER DRUG THERAPY (§§ 33-53-1 — 33-53-4) › Section 33-53-4 - Exceptions to requirements for coverage

This chapter shall not be deemed to do any of the following:
(1)
Require coverage for any drug when the federal Food and Drug Administration has determined the drug's use to be contraindicated;
(2)
Require coverage for an experimental drug not approved for any indication by the federal Food and Drug Administration;
(3)
Alter any other law limiting the coverage of drugs that have not been approved by the federal Food and Drug Administration.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 54 - GENETIC TESTING (§§ 33-54-1 — 33-54-8) › Section 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:
(1)
Genetic information is the unique property of the individual tested;
(2)
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;
(3)
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
(4)
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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 54 - GENETIC TESTING (§§ 33-54-1 — 33-54-8) › Section 33-54-2 - Definitions

As used in this chapter, the term:
(1)
"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.
(2)
"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.
Amended by 2019 Ga. Laws 186,§ 1-17, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 54 - GENETIC TESTING (§§ 33-54-1 — 33-54-8) › Section 33-54-3 - Purpose of testing; consent required; confidential and privileged information

(a)
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.
(b)
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
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 54 - GENETIC TESTING (§§ 33-54-1 — 33-54-8) › Section 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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 54 - GENETIC TESTING (§§ 33-54-1 — 33-54-8) › Section 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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 54 - GENETIC TESTING (§§ 33-54-1 — 33-54-8) › Section 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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 54 - GENETIC TESTING (§§ 33-54-1 — 33-54-8) › Section 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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 54 - GENETIC TESTING (§§ 33-54-1 — 33-54-8) › Section 33-54-8 - Violations of chapter

(a)
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.
(b)
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.
(c)
The court shall award costs and reasonable attorney's fees to any individual who is successful in enforcing the provision of this chapter.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 55 - REPORTING OF TRANSACTIONS BY INSURERS (§§ 33-55-1 — 33-55-3) › Section 33-55-1 - Insurers to report acquisitions and dispositions of assets and material changes to ceded reinsurance agreements to Commissioner

(a)
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.
(b)
(1)
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.
(2)
One complete copy of the report, including any exhibits or other attachments filed as part thereof, shall be filed with:
(A)
The Commissioner; and
(B)
The National Association of Insurance Commissioners.
(c)
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.
Amended by 2019 Ga. Laws 186,§ 1-18, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 55 - REPORTING OF TRANSACTIONS BY INSURERS (§§ 33-55-1 — 33-55-3) › Section 33-55-2 - "Material" acquisition or disposition defined; scope of reporting requirement; information to be included in report

(a)
No acquisitions or dispositions of assets need be reported pursuant to Code Section
33-55-1
if the acquisitions or dispositions are not material. For purposes of this chapter, a material acquisition or disposition or the aggregate of any series of related acquisitions or related dispositions during any 30 day period is one that is nonrecurring and not in the ordinary course of business and involves more than 5 percent of the reporting insurer's total admitted assets as reported in its most recent statutory statement filed with the insurance department of the insurer's state of domicile.
(b)
(1)
Asset acquisitions subject to this chapter include every purchase, lease, exchange, merger, consolidation, succession, or other acquisition other than the construction or development of real property by or for the reporting insurer or the acquisition of materials for such purpose.
(2)
Asset dispositions subject to this chapter include every sale, lease, exchange, merger, consolidation, mortgage, hypothecation, assignment for the benefit of creditors or otherwise, abandonment, destruction, or other disposition.
(c)
(1)
The following information is required to be disclosed in any report of a material acquisition or disposition of assets:
(A)
Date of the transaction;
(B)
Manner of acquisition or disposition;
(C)
Description of the assets involved;
(D)
Nature and amount of the consideration given or received;
(E)
Purpose of or reason for the transaction;
(F)
Manner by which the amount of consideration was determined;
(G)
Gain or loss recognized or realized as a result of the transaction; and
(H)
Name or names of the person or persons from whom the assets were acquired or to whom they were disposed.
(2)
Insurers are required to report material acquisitions and dispositions on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes a pooling arrangement or 100 percent reinsurance agreement that affects the solvency and integrity of the insurer's reserves and such insurer ceded substantially all of its direct and assumed business to the pool. An insurer is deemed to have ceded substantially all of its direct and assumed business to a pool if the insurer has less than $1 million total direct premiums plus assumed written premiums during a calendar year that are not subject to a pooling arrangement and the net income of the business not subject to the pooling arrangement represents less than 5 percent of the insurer's capital and surplus.
Amended by 2019 Ga. Laws 139,§ 1-93, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 56 - RISK-BASED CAPITAL LEVELS (§§ 33-56-1 — 33-56-13) › Section 33-56-5 - Authorized control level events; actions by Commissioner

(a)
For the purposes of this Code section, "authorized control level event" means any of the following events:
(1)
The filing of an RBC report by the insurer which indicates that the insurer's total adjusted capital is greater than or equal to its mandatory control level RBC but less than its authorized control level RBC;
(2)
The notification by the Commissioner to the insurer of an adjusted RBC report that indicates the event in paragraph (1) of this subsection, provided the insurer does not challenge the adjusted RBC report under Code Section
33-56-7
;
(3)
If, pursuant to Code Section
33-56-7
, the insurer challenges an adjusted RBC report that indicates the event in paragraph (1) of this subsection, notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge;
(4)
The failure of the insurer to respond, in a manner satisfactory to the Commissioner, to a corrective order; or
(5)
If the insurer has challenged a corrective order under Code Section
33-56-7
and the Commissioner has, after a hearing, rejected the challenge or modified the corrective order, the failure of the insurer to respond, in a manner satisfactory to the Commissioner, to the corrective order subsequent to rejection or modification by the Commissioner.
(b)
In the event of an authorized control level event with respect to an insurer, the Commissioner shall:
(1)
Take such actions as are required under Code Section
33-56-4
regarding an insurer with respect to which a regulatory action level event has occurred; or
(2)
If the Commissioner deems it to be in the best interests of the policy holders and creditors of the insurer and of the public, take such actions as are necessary to cause the insurer to be placed under regulatory control under Chapter 37 of this title.
In the event the Commissioner takes such actions, the authorized control level event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 37 of this title, and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 37 of this title. In the event the Commissioner takes actions under this paragraph pursuant to an adjusted RBC report, the insurer shall be entitled to such protections as are afforded to insurers under the provisions of Chapter 2 of this title pertaining to summary proceedings.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 56 - RISK-BASED CAPITAL LEVELS (§§ 33-56-1 — 33-56-13) › Section 33-56-6 - Mandatory control level events; actions by Commissioner

(a)
For purposes of this Code section, "mandatory control level event" means any of the following events:
(1)
The filing of an RBC report which indicates that the insurer's total adjusted capital is less than its mandatory control level RBC;
(2)
Notification by the Commissioner to the insurer of an adjusted RBC report that indicates the event in paragraph (1) of this subsection, provided that the insurer does not challenge the adjusted RBC report under Code Section
33-56-7
; or
(3)
If, pursuant to Code Section
33-56-7
, the insurer challenges an adjusted RBC report that indicates the event in paragraph (1) of this subsection, notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge.
(b)
In the event of a mandatory control level event:
(1)
With respect to a life insurer or health organization, the Commissioner shall take such actions as are necessary to place the insurer under regulatory control under Chapter 37 of this title. In that event, the mandatory control level event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 37 of this title, and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 37 of this title. If the Commissioner takes actions pursuant to an adjusted RBC report, the insurer shall be entitled to the protections of Chapter 2 of this title pertaining to summary proceedings. Notwithstanding any of the foregoing, the Commissioner may forgo action for up to 90 days after the mandatory control level event if the Commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the 90 day period.
(2)
With respect to a property and casualty insurer, the Commissioner shall take such actions as are necessary to place the insurer under regulatory control under Chapter 37 of this title, or in the case of an insurer which is writing no business and which is running-off its existing business may allow the insurer to continue its run-off under the supervision of the Commissioner. In either event, the mandatory control level event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 37 of this title and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 37 of this title. If the Commissioner takes actions pursuant to an adjusted RBC report, the insurer shall be entitled to the protections of Chapter 2 of this title pertaining to summary proceedings. Notwithstanding any of the foregoing, the Commissioner may forgo action for up to 90 days after the mandatory control level event if the Commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the 90 day period.
Amended by 2005 Ga. Laws 19,§ 33, eff. 4/7/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 56 - RISK-BASED CAPITAL LEVELS (§§ 33-56-1 — 33-56-13) › Section 33-56-7 - Notification to insurer of determination or action by Commissioner; right to hearing

Upon notification:
(1)
To an insurer by the Commissioner of an adjusted RBC report;
(2)
To an insurer by the Commissioner that:
(A)
The insurer's RBC plan or revised RBC plan is unsatisfactory; and
(B)
Such notification constitutes a regulatory action level event with respect to such insurer;
(3)
To any insurer by the Commissioner that the insurer has failed to adhere to its RBC plan or revised RBC plan and that such failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event with respect to the insurer in accordance with its RBC plan or revised RBC plan; or
(4)
To an insurer by the Commissioner of a corrective order with respect to the insurer,
the insurer shall have the right to a departmental hearing, on a record, at which the insurer may challenge any determination or action by the Commissioner. The insurer shall notify the Commissioner of its request for a hearing within five days after the notification by the Commissioner under this Code section. Upon receipt of the insurer's request for a hearing, the Commissioner shall set a date for the hearing, which date shall be no less than ten nor more than 30 days after the date of the insurer's request.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 56 - RISK-BASED CAPITAL LEVELS (§§ 33-56-1 — 33-56-13) › Section 33-56-9 - Chapter supplemental to other laws; exemption for certain domestic property and casualty insurance

(a)
The provisions of this chapter are supplemental to any other provisions of the laws of this state and shall not preclude or limit any other powers or duties of the Commissioner under such laws, including, but not limited to, Chapters 2, 3, 13, 14, 20, 21, and 37 of this title.
(b)
The Commissioner may exempt from the application of this chapter any domestic property and casualty insurer which:
(1)
Meets all three of the following criteria:
(A)
Writes direct business only in this state;
(B)
Writes direct annual premiums of $2 million or less; and
(C)
Assumes no reinsurance in excess of 5 percent of direct premium written; or
(2)
Demonstrates to the satisfaction of the Commissioner by other means that preparation and submission of an RBC report would create an unusual and unnecessary hardship or would result in a report which is ambiguous or misleading based upon the unique nature of the company's product offerings or financial structure.
(c)
The Commissioner may exempt from the application of this chapter any health organization which:
(1)
Has less than 1,000 covered lives; and
(2)
Has less than $1 million in direct written premiums.
Amended by 2019 Ga. Laws 186,§ 1-19, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 56 - RISK-BASED CAPITAL LEVELS (§§ 33-56-1 — 33-56-13) › Section 33-56-11 - Immunity of Commissioner and department

There shall be no liability on the part of, and no cause of action shall arise against, the Commissioner or the department or its employees or agents for any action taken by them in the performance of their powers and duties under this chapter.
Amended by 2019 Ga. Laws 186,§ 1-20, eff. 7/1/2019.