2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 1 - GENERAL PROVISIONS (§§ 33-24-1 — 33-24-59.33) › Section 33-24-28.1 - Coverage of treatment of mental health or substance use disorders

(a)
As used in this Code section, the term:
(1)
"Accident and sickness insurance benefit plan, policy, or contract" means:
(A)
An individual accident and sickness insurance policy or contract, as defined in Chapter 29 of this title; or
(B)
Any similar individual accident and sickness benefit plan, policy, or contract.
(2)
"Addictive disease" has the same meaning as in Code Section
37-1-1
.
(3)
"Mental health or substance use disorder" means a mental illness or addictive disease.
(4)
"Mental illness" has the same meaning as in Code Section
37-1-1
.
(b)
Every insurer authorized to issue accident and sickness insurance benefit plans, policies, or contracts shall be required to make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed coverage for the treatment of mental health or substance use disorders for children, adolescents, and adults, which coverage shall be at least as extensive and provide at least the same degree of coverage as that provided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the insured if such insured's spouse and dependents are covered under such benefit plan, policy, or contract.
(c)
The optional endorsement required to be made available under subsection (b) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to the treatment of mental health or substance use disorders unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract.
(d)
Nothing in this Code section shall be construed to prohibit an insurer, health care plan, health maintenance organization, or other person issuing any similar accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section.
(e)
Nothing in this Code section shall be construed to prohibit the inclusion of coverage for the treatment of mental disorders that differs from the coverage provided in the same insurance plan, policy, or contract for physical illnesses if the policyholder does not purchase the optional coverage made available pursuant to this Code section.
(f)
In the event that an insurer under this Code section is also subject to Code Section
33-1-27
and the federal Mental Health Parity Addiction Equity Act of 2008,
42 U.S.C. Section 300gg-26
, then such Code section and federal act shall take precedence to the extent of any conflicting requirements contained in this Code section.
Amended by 2022 Ga. Laws 587,§ 1-5, eff. 7/1/2022.
Amended by 2019 Ga. Laws 140,§ 43, eff. 7/1/2019.