reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 21A - MEDICAID CARE MANAGEMENT ORGANIZATIONS ACT (§§ 33-21A-1 — 33-21A-14) › Section 33-21A-4 - Reimbursement for emergency health care services

(a)
In particular, but without limitation, a care management organization shall not:
(1)
Deny or inappropriately reduce payment to a provider of emergency health care services for any evaluation, diagnostic testing, or treatment provided to a recipient of medical assistance for an emergency condition; or
(2)
Make payment for emergency health care services contingent on the recipient or provider of emergency health care services providing any notification, either before or after receiving emergency health care services.
(b)
In processing claims for emergency health care services, a care management organization shall consider, at the time that a claim is submitted, at least the following criteria:
(1)
The age of the patient;
(2)
The time and day of the week the patient presented for services;
(3)
The severity and nature of the presenting symptoms;
(4)
The patient's initial and final diagnosis; and
(5)
Any other criteria prescribed by the Department of Community Health, including criteria specific to patients under 18 years of age.
A care management organization shall configure or program its automated claims processing system to consider at least the conditions and criteria described in this subsection for claims presented for emergency health care services. The Department of Community Health may develop and publish in print or electronically a list of additional standards to be used by care management organizations to maximize the identification and accurate payment of claims for emergency health care services.
(c)
If a provider that has not entered into a contract with a care management organization provides emergency health care services or post-stabilization services to that care management organization's member, the care management organization shall reimburse the noncontracted provider for such emergency health care services and post-stabilization services at a rate equal to the rate paid by the Department of Community Health for Medicaid claims that it reimburses directly.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
Added by 2008 Ga. Laws 585,§ 1, eff. 5/13/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 21A - MEDICAID CARE MANAGEMENT ORGANIZATIONS ACT (§§ 33-21A-1 — 33-21A-14) › Section 33-21A-5 - Requirements relating to critical access hospitals

(a)
A critical access hospital must provide notice to a care management organization and the Department of Community Health of any alleged breaches in its contract by such care management organization.
(b)
If a critical access hospital satisfies the requirement of subsection (a) of this Code section, and if the Department of Community Health concludes, after notice and hearing, that a care management organization has substantively and repeatedly breached a term of its contract with a critical access hospital, the department is authorized to require the care management organization to pay damages to the critical access hospital in an amount not to exceed three times the amount owed. Notwithstanding the foregoing, nothing in this Code section shall be interpreted to limit the authority of the Department of Community Health to establish additional penalties or fines against a care management organization for failure to comply with the contract between a care management organization and the Department of Community Health.
Added by 2008 Ga. Laws 585,§ 1, eff. 5/13/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 21A - MEDICAID CARE MANAGEMENT ORGANIZATIONS ACT (§§ 33-21A-1 — 33-21A-14) › Section 33-21A-6 - Coverage for newborn infants until discharged from inpatient care

(a)
Each care management organization shall pay for health care services provided to a newborn infant who is born to a mother who is a member currently enrolled with that care management organization until such time as the newborn is finally discharged from all inpatient care to a home environment subject to approval by the federal Centers for Medicare and Medicaid Services. For a newborn infant whose mother is enrolled in a Medicaid program under which she receives Medicaid benefits directly from the Department of Community Health, the Department of Community Health shall pay for health care services provided to the newborn until such time as the newborn is finally discharged from all inpatient care to a home environment.
(b)
In the event a newborn is disenrolled from a care management organization and re-enrolled into the Medicaid fee-for-service program conducted directly by the Department of Community Health, the care management organization shall ensure the coordination of care for that child until the child has been appropriately discharged from the hospital and placed in an appropriate care setting.
Added by 2008 Ga. Laws 585,§ 1, eff. 5/13/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 21A - MEDICAID CARE MANAGEMENT ORGANIZATIONS ACT (§§ 33-21A-1 — 33-21A-14) › Section 33-21A-8 - Participation by dentists

(a)
Except as provided in subsection (b) of this Code section, no care management organization or agent of such care management organization shall deny any dentist from participating in the Medicaid and PeachCare for Kids dental program administered by such care management organization if:
(1)
Such dentist has obtained a license to practice in this state and is an enrolled provider who has met all of the requirements of the Department of Community Health for participation in the Medicaid and PeachCare for Kids program; and
(2)
(A)
The licensed dentist will provide dental services to members pursuant to a state or federally funded educational loan forgiveness program that requires such services; provided, however, each care management organization shall be required to offer dentists wishing to participate through such loan forgiveness programs the same contract terms offered to other dentists in the service region who participate in the care management organization's Medicaid and PeachCare for Kids dental programs;
(B)
The geographic area in which the dentist intends to practice has been designated as having a dental professional shortage as determined by the Department of Community Health, which may be based on the designation of the Health Resources and Services Administration of the United States Department of Health and Human Services; or
(C)
Such care management organization fails to establish to the satisfaction of the Department of Community Health that a sufficient number of general dentists and specialists have contracted with the care management organization to provide covered dental services to members in the geographic region.
(b)
A care management organization may decline to contract with a dentist who meets the requirements of subsection (a) of this Code section if such dentist has had his or her license to practice dentistry sanctioned in any manner or fails to meet the credentialing criteria established by the care management organization. Any dentist denied on this basis shall be entitled to a hearing before an administrative law judge as set forth in subsection (e) of Code Section
49-4-153
.
(c)
The Department of Community Health shall also provide a means for dentists to request an annual hearing to determine whether a condition described in subparagraph (B) or (C) of paragraph (2) of subsection (a) of this Code section exists. The department may compel the attendance of care management organizations or agents of care management organizations to attend such hearings. The department may request additional information as a result of the hearing, and it shall consider matters raised in the hearing when deciding whether a condition described in subparagraph (A) or (B) of paragraph (2) of subsection (a) of this Code section exists.
Added by 2008 Ga. Laws 585,§ 1, eff. 5/13/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 21A - MEDICAID CARE MANAGEMENT ORGANIZATIONS ACT (§§ 33-21A-1 — 33-21A-14) › Section 33-21A-9 - Submission and payment of claims

(a)
If a provider submits a claim to a responsible health organization for services rendered within 72 hours after the provider verifies the eligibility of the patient with that responsible health organization, the responsible health organization shall reimburse the provider in an amount equal to the amount to which the provider would have been entitled if the patient had been enrolled as shown in the eligibility verification process. After resolving the provider's claim, if the responsible health organization made payment for a patient for whom it was not responsible, then the responsible health organization may pursue a cause of action against any person who was responsible for payment of the services at the time they were provided but may not recover any payment made to the provider.
(b)
If a provider verifies the eligibility of a patient as set forth in subsection (a) of this Code section, and if a provider determines that a person other than the responsible health organization to which it has submitted a claim is responsible for Medicaid or PeachCare for Kids coverage of the patient at the time the service was rendered, the provider may submit the claim to the person that is responsible for Medicaid or PeachCare for Kids coverage and that person shall reimburse all medically necessary services, without application of any penalty for failure to file claims in a timely manner, for failure to obtain prior authorization, or for the provider not being a participating provider in the person's network, and the amount of reimbursement shall be that person's applicable rate for the service if the provider is under contract with that person or the rate paid by the Department of Community Health for the same type of claim that it pays directly if the provider is not under contract with that person.
Added by 2008 Ga. Laws 585,§ 1, eff. 5/13/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 21A - MEDICAID CARE MANAGEMENT ORGANIZATIONS ACT (§§ 33-21A-1 — 33-21A-14) › Section 33-21A-10 - New and renewal agreements with care management organizations and health care providers

(a)
On and after May 13, 2008, the Department of Community Health shall include provisions in all new or renewal agreements with a care management organization, which require the care management organization to comply with all provisions of this chapter.
(b)
On and after May 13, 2008, a care management organization shall not include any provisions in new or renewal agreements with providers entered into pursuant to the contract between the Department of Community Health and the care management organization, which are inconsistent with the provisions of this chapter.
Added by 2008 Ga. Laws 585,§ 1, eff. 5/13/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 21A - MEDICAID CARE MANAGEMENT ORGANIZATIONS ACT (§§ 33-21A-1 — 33-21A-14) › Section 33-21A-11 - Hospital statistical and reimbursement reports from care management organizations; penalty

Upon request by a hospital provider related to a specific fiscal year, a care management organization shall, within 30 days of the request, provide that hospital with an HS&R report for the requested fiscal year. Any care management organization which violates this Code section by not providing the requested report within 30 days shall be subject to a penalty of $1,000.00 per day, starting on the thirty-first day after the request and continuing until the report is provided. It is the intent of the General Assembly that such penalty be collected by the Department of Community Health and deposited into the Indigent Care Trust Fund created pursuant to Code Section
31-8-152
. A care management organization shall not reduce the funding available for health care services for members as a result of payment of such penalties.
Added by 2008 Ga. Laws 585,§ 1, eff. 5/13/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 21A - MEDICAID CARE MANAGEMENT ORGANIZATIONS ACT (§§ 33-21A-1 — 33-21A-14) › Section 33-21A-12 - Federal law, rule and regulations control

To the extent any provision in this chapter is inconsistent with applicable federal law, rule, or regulation, the applicable federal law, rule, or regulation shall govern.
Added by 2008 Ga. Laws 585,§ 1, eff. 5/13/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 21A - MEDICAID CARE MANAGEMENT ORGANIZATIONS ACT (§§ 33-21A-1 — 33-21A-14) › Section 33-21A-14 - Minimum medical loss ratio standard; remittance directions; required website information

(a)
The intent of this Code section is to implement the state option in subdivision (j) of
42 C.F.R. Section 438.8
.
(b)
As used in this Code section, the term "medical loss ratio reporting year" or "MLR reporting year" shall have the same meaning as that term is defined in
42 C.F.R. Section 438.8
.
(c)
Beginning July 1, 2023, care management organizations shall comply with a minimum 85 percent medical loss ratio or such higher minimum percentage as may be set out in a contract between the department and a care management organization consistent with
42 C.F.R. Section 438.8
. The ratio shall be calculated and reported for each MLR reporting year by each care management organization consistent with
42 C.F.R. Section 438.8
.
(d)
(1)
Effective for contract rating periods beginning on and after July 1, 2023, each care management organization shall provide a remittance for an MLR reporting year if the ratio for that MLR reporting year does not meet the minimum MLR standard of 85 percent. The department shall determine the remittance amount on a plan-specific basis for each rating region of the plan and shall calculate the federal and nonfederal share amounts associated with each remittance.
(2)
After the department returns the requisite federal share amounts associated with any remittance funds collected in any applicable fiscal year to the federal Centers for Medicare and Medicaid Services, the remaining amounts remitted by care management organizations pursuant to this section shall be transferred to the general fund.
(e)
Except as otherwise required under this Code section, the requirements under this Code section shall not apply to a health care service plan under a subcontract with a care management organization to provide covered health care services to Medicaid and PeachCare for Kids members.
(f)
The department shall post on its website the following information:
(1)
The aggregate MLR of all care management organizations;
(2)
The MLR of each care management organization; and
(3)
Any required remittances owed by each care management organization.
(g)
The department shall seek any federal approvals it deems necessary to implement this Code section.
Added by 2022 Ga. Laws 587,§ 1-4, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-2 - Definitions

As used in this chapter, the term:
(1)
"Insurance premium finance agreement" means an agreement by which an insured or prospective insured promises to pay to a premium finance company the amount advanced or to be advanced under the agreement to an insurer or to an insurance agent or insurance broker in payment of premiums on an insurance contract together with a service charge as authorized and limited by this chapter.
(2)
"Insurance premium finance company" means a person engaged in the business of entering into insurance premium finance agreements.
(3)
"Licensee" means an insurance premium finance company holding a license issued by the Commissioner under this chapter.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-3 - Requirement of license for transaction of business; fees; change of address; examination of applicants

(a)
No person shall engage in the business of financing insurance premiums in this state without first having obtained a license as a premium finance company from the Commissioner.
(b)
The annual license fee shall be as provided in Code Section
33-8-1
. Licenses may be renewed from year to year as of March 1 of each year upon payment of the fee as provided in Code Section
33-8-1
. The fee for said license shall be paid to the Commissioner for use by the state.
(c)
Before any licensee changes his or her address, he or she shall inform the Commissioner of the change in writing.
(d)
Subject to the penalties of perjury, the person to whom the license or the renewal of the license may be issued shall file sworn answers to such interrogatories as the Commissioner may require. The Commissioner shall have authority at any time to require the applicant fully to disclose the identity of all stockholders, partners, officers, and employees, and he may in his discretion refuse to issue or renew a license in the name of any firm, partnership, or corporation if he is not satisfied that any officer, employee, stockholder, or partner thereof who may materially influence the applicant's conduct meets the standards of this chapter.
(e)
Any person who shall engage in the business of financing insurance premiums in this state without obtaining a license as provided in this Code section shall, upon conviction, be subject to a fine of not more than $1,000.00.
Amended by 2002 Ga. Laws 940, § 2, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-4 - Investigation of applicants for licenses; issuance or denial of license generally; hearing; grounds for issuance or denial

(a)
Upon the filing of an application and the payment of the license fee, the Commissioner shall make an investigation of each applicant and shall issue a license if he finds the applicant is qualified in accordance with this chapter. If the Commissioner does not so find, he shall within 30 days after he has received such application so notify the applicant and, at the request of the applicant, give the applicant a full hearing.
(b)
The Commissioner shall issue or renew a license as may be applied for when he is satisfied that the person to be licensed:
(1)
Is competent and trustworthy and intends to act in good faith in the capacity involved by the license for which application is made;
(2)
Has a good business reputation and has had experience, training, or education so as to be qualified in the business for which the application for the license is made;
(3)
If a corporation, is a corporation incorporated under the laws of this state or a foreign corporation authorized to transact business in this state; and
(4)
Will contribute to and promote the convenience and advantage of the citizens of this state by providing a necessary additional market for the financing of insurance premiums.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-5 - Minimum capital requirements; deposit of securities or filing of bond

No license shall be issued to any applicant for a license or renewal license under this chapter unless the applicant:
(1)
Shall possess and thereafter maintain a minimum balance of at least $5,000.00 in his capital account as shown in his annual report to the Commissioner; provided, however, the Commissioner shall in his discretion require such higher amounts of capital as he deems necessary for the protection of the public; and
(2)
Shall deposit with the Commissioner securities acceptable to the Commissioner in the amount of $25,000.00; or
(3)
Shall file with the Commissioner a bond, to be approved by the Commissioner and made payable to the Commissioner or his successor in office, executed by the applicant as principal and by a corporate surety authorized to do business in this state in the penal sum of $25,000.00, conditioned that the licensee will conduct his business in accordance with this chapter and the laws of this state and that the licensee will properly account for all moneys collected in connection with this chapter and the laws of this state. The bond shall remain in full force and effect until the surety is released from liability by the Commissioner or until the bond is canceled by the surety and the bond shall not be canceled or terminated unless prior to the cancellation or termination 30 days' written notice is filed with the Commissioner.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-6 - Grounds and procedure for revocation, suspension, or nonrenewal of license or imposition of probation or fine

(a)
The Commissioner may revoke or suspend the license of any premium finance company when and if after investigation the Commissioner finds that:
(1)
Any license issued to the company was obtained by fraud;
(2)
There was any misrepresentation in the application for the license;
(3)
The holder of the license has otherwise shown himself untrustworthy or incompetent to act as a premium finance company;
(4)
The holder of such license has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys belonging to an insurer or insured entrusted to the holder in its fiduciary capacity;
(5)
The holder is found to be in an unsound condition or in such condition as to render the future transaction of business in this state hazardous to the public; or
(6)
The company has violated any of the provisions of this chapter.
(b)
Before the Commissioner shall revoke, suspend, or refuse to renew the license of any premium finance company, he shall give to the person an opportunity to be fully heard and to introduce evidence in his behalf.
(c)
In lieu of revoking or suspending the license for any of the causes enumerated in subsection (a) of this Code section, the Commissioner shall have the authority after a hearing to place the premium finance company on probation for a period of time not to exceed one year and may subject such company to a penalty of not more than $1,000.00 for each offense when, in his judgment, he finds that the public interest would not be harmed by the continued operation of the company.
(d)
The Commissioner shall also have the authority after a hearing to subject any person or entity who is acting as a premium finance company in this state without a license, as provided for by this chapter, to a penalty of not more than $1,000.00 for each violation of this chapter. The amount of any such penalty shall be paid by the company, person, or entity to the Commissioner for the use of the state.
(e)
At any hearing provided by this Code section, the Commissioner or his designee shall have authority to administer oaths to witnesses. After having been administered the oath, anyone testifying falsely commits the offense of perjury.
(f)
Any hearings provided for in this Code section shall be conducted in accordance with Chapter 2 of this title. Any action of the Commissioner in refusing to issue or renew a license or in assessing a monetary fine shall be subject to review as provided in Chapter 2 of this title.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-7 - Maintenance of records of transactions by licensees; examination of records by Commissioner

(a)
Every licensee shall maintain records of its premium finance transactions and the said records shall be open to examination and investigation by the Commissioner.
(b)
Every licensee shall preserve its records of its premium finance transactions, including cards used in a card system, for at least three years after making the final entry in respect to any premium finance agreement. The preservation of records in photographic or electronic form shall constitute compliance with this requirement.
(c)
The Commissioner may at any time require any licensee to bring such records as he may direct to the Commissioner's office for examination or, if he deems it necessary, the Commissioner or his duly authorized representative may conduct an examination of the records on the premises of the licensee. The expense of any on-the-premise examination shall be borne by the licensee, as provided in the case of examinations of insurers conducted pursuant to Code Section
33-2-15
.
Amended by 2002 Ga. Laws 940, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-8 - Form, contents, execution, and delivery of premium finance agreement; financing of additional premiums

(a)
A premium finance agreement shall:
(1)
Be dated and signed by or on behalf of the insured, and the printed portion of the agreement shall be in approximately eight-point type and shall be readable by an individual with average eyesight;
(2)
Contain the name and place of business of the insurance agent or insurance broker negotiating the related insurance contract, the name and residence or place of business of the insured as specified by him or her, the name and place of business of the premium finance company to which payments are to be made, a description of the insurance contracts involved, and the amount of the premium for the contracts; and
(3)
Set forth the following items, where applicable:
(A)
The total amount of the premiums;
(B)
The amount of the down payment;
(C)
The principal balance (the difference between subparagraphs (A) and (B) of this paragraph);
(D)
The amount of the service charge, including the additional charge as provided in Code Section
33-22-9
;
(E)
The balance payable by the insured (the sum of subparagraphs (C) and (D) of this paragraph); and
(F)
The number of payments required, the amount of each payment expressed in dollars, and the due date or period of payment.
(b)
The items set out in paragraph (3) of subsection (a) of this Code section need not be stated in the sequence or order in which they appear in such paragraph, and additional items may be included to explain the computations made in determining the amount to be paid by the insured.
(c)
The licensee or the insurance agent or insurance broker shall deliver to the insured or send by electronic means or mail to the insured at his or her address shown in the agreement a complete copy of the agreement.
(d)
Whenever an insurance policy has been financed pursuant to this chapter, an additional premium to such policy or a renewal or extension of such policy may be financed with the same premium finance company without the execution of a new premium finance agreement. The premium finance company or the insurance agent or insurance broker shall deliver to the insured or send by electronic means or mail to the insured at his or her address shown in the agreement an addendum to the existing premium finance agreement, and such addendum shall contain the information required under subsection (a) of this Code section.
Amended by 2002 Ga. Laws 940, § 4, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-9 - Service charges

(a)
As used in this Code section, the term:
(1)
"Commercial insurance premium finance agreement" means any insurance premium finance agreement other than a consumer premium finance agreement.
(2)
"Consumer insurance premium finance agreement" means an insurance premium finance agreement, as defined in Code Section
33-22-2
, wherein the insurance contracts which are the subject of the premium finance agreement are for personal, family, or household purposes rather than business or professional purposes.
(b)
A premium finance company shall not charge, contract for, receive, or collect a service charge other than as permitted by this chapter.
(c)
The service charge shall be computed on the balance of the premiums due, after subtracting the down payment made by the insured in accordance with the premium finance agreement, from the effective date of the insurance coverage for which the premiums are being advanced, to and including the date when the final payment of the premium finance agreement is payable; provided, however, that service charges as specified in the premium finance agreement may continue to be charged until such agreement is paid in full.
(d)
The service charge per consumer insurance premium finance agreement shall be a maximum of $12.00 per $100.00 per annum plus an additional charge which shall not exceed $20.00 per premium finance agreement, which additional charge need not be refunded upon prepayment. Any insured may prepay his or her premium finance agreement in full at any time before the due date of the final payment and in such event the unearned service charge shall be refunded in accordance with the Rule of 78 and shall represent at least as great a proportion of the service charge, if any, as the sum of the periodic balances after the month in which prepayment is made bears to the sum of all periodic balances under the schedule of payments in the agreement.
(e)
The service charge for a commercial insurance premium finance agreement shall be properly agreed upon by the parties to the contract. The claim or defense of usury by such insureds who enter into such a commercial insurance premium finance agreement or their successors or anyone in their behalf shall not be valid if such agreement is a valid contract in all other respects.
Amended by 2003 Ga. Laws 9, § 33, eff. 5/14/2003.
Amended by 2002 Ga. Laws 940, § 5, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-10 - Delinquency charges; returned check fees

(a)
A premium finance agreement may provide for the payment by the insured of a delinquency charge ranging in amount from $1.50 to a maximum of 5 percent of the delinquent payment on any payment which is in default for a period of five days or more. If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of $15.00 in the case of a commercial insurance premium finance agreement or $5.00 in the case of a consumer insurance premium finance agreement.
(b)
A premium finance agreement may provide for a returned check fee of $20.00 for each installment payment check returned by the financial institution as the result of insufficient funds.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-11 - Necessity of filing of premium finance agreement

No filing of the premium finance agreement shall be necessary to perfect the validity of the agreement as a secured transaction as against creditors, subsequent purchasers, pledgees, encumbrancers, successors, or assigns.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-12 - Notification of insurer by finance company of existence of premium finance agreement

Any premium finance company which enters into a premium finance agreement under this chapter shall notify the insurer whose premiums are being financed of the existence of the agreement. A draft of the premium finance company made payable directly to the order of the insurer of the premium due such insurer for a policy or policies financed by such premium finance company shall constitute sufficient notice under this Code section. The insurer shall not be required to comply with Code Sections
33-22-13
and
33-22-14
until notification of the existence of the insurance premium finance agreement has been furnished to the insurer in accordance with this Code section.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-12.1 - Notice to insured by premium finance company; copy of premium finance agreement; notice of existence of power of attorney

Whenever a premium finance company executes a premium finance agreement relative to a personal or family-type policy of insurance, it shall deliver to the insured or send by electronic means or mail to the insured at his or her address shown in the agreement a copy of the agreement and a written notice which clearly discloses to the insured the existence of the power of attorney contained in such agreement. The written notice shall substantially comply with the following form:
"NOTICE
Your insurance policy premiums have been financed and are payable on a monthly payment basis. If you do not pay each payment on or before the date due or within 15 days of the date due, we have the right to CANCEL your insurance policy or policies which are financed under the premium finance agreement. To avoid cancellation of your policy or policies, MAKE YOUR PAYMENTS ON TIME."
Amended by 2002 Ga. Laws 940, § 6, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-14 - Disposition of unearned premiums upon cancellation of insurance policy

(a)
Whenever an insurance policy is canceled and the premiums have been paid by an insurance premium finance company on behalf of the insured, if the insurer has been notified of the existence of the insurance premium finance agreement as required in Code Section
33-22-12
, the insurer shall return whatever unearned premiums are due to the insurance premium finance company for the account of the insured. Whenever an insurer, after receiving notification of the existence of the insurance premium finance agreement, returns any unearned premium to anyone other than the insurance premium finance company named in the agreement, the insurer shall be directly responsible to such insurance premium finance company for any and all unearned premiums due as a result of the cancellation. The insurer shall furnish to the agent, agency, or broker placing the insurance a report setting forth an itemization of the unearned premiums under the policy.
(b)
(1)
In the event that the crediting of return premiums to the account of the insured results in a surplus over the amount due from the insured, the premium finance company shall refund the excess within ten working days of receipt of the return premium or tender of return premium to the insured via the agent, agency, or broker placing the insurance and shall furnish such agent, agency, or broker, upon a written request, a report setting forth an itemization of the unearned finance charge and other charges under the premium finance agreement; provided, however, there shall be no refund required when the excess due the insured is less than $5.00.
(2)
Any insurance premium finance company failing to tender refunds or to furnish any report requested by the agent, agency, or broker as required in paragraph (1) of this subsection shall pay to the insured via the agent, agency, or broker a penalty equal to 25 percent of the amount of the refund and interest equal to 18 percent per annum until such time as the refund is made; provided, however, the maximum amount of such penalty and interest shall not exceed 50 percent of the amount of the refund due.
(3)
Upon receipt of the refund from the insurance premium finance company, the agent, agency, or broker shall return any unearned premiums to the insured either in person or by depositing such refund in the mail within ten working days of receipt of the refund.
(4)
Any agent, agency, or broker failing to tender any unearned premium as prescribed in paragraph (3) of this subsection shall be subject to the penalties prescribed in paragraph (3) of subsection (c) of Code Section
33-24-44
.
(c)
Failure to refund any surplus or return any unearned premium or to furnish any reports requested by the agent, agency, or broker under subsection (b) of this Code section shall not invalidate a notice of cancellation given in accordance with this chapter.
Amended by 2002 Ga. Laws 940, § 8, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-14.1 - Transmissions of electronic records subject to provisions of Uniform Electronic Transactions Act

Any use or transmission of electronic records or electronic signatures for purposes of this chapter shall be subject to the provisions of Chapter 12 of Title 10, the "Uniform Electronic Transactions Act."
Amended by 2009 Ga. Laws 141,§ 2, eff. 7/1/2009.
Added by 2002 Ga. Laws 940, § 9, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-15 - Promulgation of rules and regulations by Commissioner

The Commissioner may make and enforce such reasonable rules and regulations as may be necessary in making effective this chapter, but the rules and regulations shall not be contrary to nor inconsistent with this chapter.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 22 - INSURANCE PREMIUM FINANCE COMPANIES (§§ 33-22-1 — 33-22-999) › Section 33-22-16 - Applicability of chapter

This chapter shall not apply with respect to:
(1)
Any insurance company authorized to do business in this state;
(2)
Any bank, trust company, savings and loan association, credit union, or other lending institution authorized to transact business in this state that does not possess or acquire any right, title, or interest with respect to the insurance policy for which the premiums are financed other than in the proceeds of the insurance policy in the event of loss;
(3)
The inclusion of a charge for insurance in connection with an installment sale in accordance with Article 1 of Chapter 1 of Title 10;
(4)
The financing of insurance premiums in this state in accordance with Article 1 of Chapter 4 of Title 7 relating to rates of interest;
(5)
Insurance premiums in connection with the kinds of business defined in Code Sections
33-7-4
(life insurance) and 33-7-2 (accident and sickness insurance) and for those persons licensed under Chapter 3 of Title 7 to write the insurance authorized in Chapter 3 of Title 7;
(6)
Any insurance agent or agency as defined in Code Section
33-23-1
who only finances premiums on policies written by or through such agent or agency, unless such agent or agency wishes to charge, contract for, receive, or collect the service charges, delinquency charges, and other fees or charges permitted under this chapter; in which event such agent or agency shall be required to comply with all of the provisions of this chapter except for the provisions of paragraph (4) of subsection (b) of Code Section
33-22-4
, relating to the necessity of showing convenience or advantage to the community in order to obtain a license; or
(7)
A holder in due course of the receivables generated by a premium finance company but who is not otherwise acting as a premium finance company under the provisions of this chapter.
Amended by 2002 Ga. Laws 940, § 10, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-1.1 - Counselor's additional ancillary services considered a separate transaction

As used in paragraph (6) of subsection (a) of Code Section
33-23-1
, the definition of counselor, the term "transaction" refers to coverage or services in the same line or subline of insurance; provided, however, that additional ancillary services for commercial risks in excess of acquisition services shall be considered a separate transaction when such additional ancillary services are disclosed in writing to the insured and approved in advance by the insured. Additional ancillary services shall include, but not be limited to, the following: risk identification; loss measurement; gathering and analysis of loss information; verification of workers' compensation experience modifiers; setting of risk retention levels; development of retention financing plans; development of insurance specifications; negotiation with insurers regarding coverages, costs, and payment options; implementation of retained and transferred risk programs; monitoring of annual program; and insurance audit services.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-2 - [Repealed] Licenses to be issued only to individuals

Repealed and reserved by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-3 - Agency licensing and biennial renewals; ownership restrictions

(a)
Each principal office and each branch office of an agency as defined in paragraph (2) of subsection (a) of Code Section
33-23-1
must obtain an agency license prior to commencement of operations and renew such license biennially and prior to December 31 by filing application forms prescribed by the Commissioner.
(b)
An agency shall be subject to all penalties, fines, criminal sanctions, and other actions authorized for agents under this title.
(c)
No person shall be an owner of an agency or, if the agency is a corporation, no person shall be an officer or director of such corporation or own 10 percent or more of the corporation if such person has had his or her license under this title refused, revoked, or suspended.
Amended by 2019 Ga. Laws 140,§ 4, eff. 7/1/2019.
Amended by 2012 Ga. Laws 419,§ 1, eff. 3/22/2012.
Amended by 2011 Ga. Laws 220,§ 2, eff. 5/12/2011.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-5.1 - Conviction data

(a)
As used in this Code section, the term "conviction data" means a record of a finding or verdict of guilty or plea of guilty or nolo contendere with regard to any crime regardless of whether an appeal of the conviction has been sought.
(b)
With respect to the requirements of paragraph (3) of subsection (a) of Code Section
33-23-5
, the Commissioner shall be authorized to obtain conviction data with respect to an applicant as authorized in this Code section. The Commissioner shall submit to the Georgia Crime Information Center two complete sets of fingerprints of the applicant for appointment or employment, the required records search fees, and such other information as may be required. Upon receipt of such material, the Georgia Crime Information Center shall promptly forward one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and the preparation of an appropriate report concerning such records search and shall retain the other set and promptly conduct a search of its own records and all records to which the center has access. The Georgia Crime Information Center shall notify the Commissioner in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the Commissioner shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in this Code section and except to any person or agency that otherwise has a legal right to inspect the employment file. All such records shall be maintained by the Commissioner pursuant to the laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable.
Amended by 2009 Ga. Laws 107,§ 2, eff. 7/1/2009.
Added by 2008 Ga. Laws 767,§ 4, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-6 - Bond requirements for applicants for adjuster's license

In addition to other applicable provisions of this chapter, an applicant for a public adjuster's license must have previously filed a bond as required by rule or regulation of the Commissioner.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-7 - Bond requirement for applicants for counselor's license

In addition to other applicable provisions of this chapter, an applicant for a counselor's license must have previously filed a bond as required by rule or regulation by the Commissioner.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-8 - Form and contents of license application; fees

(a)
An individual applicant for any license required by this chapter shall file with the Commissioner an application upon forms prescribed by the Commissioner.
(b)
If the application is for an agent's or limited subagent's license, the application shall state the kinds of insurance proposed to be transacted. If applying as a limited subagent, the applicant shall be appointed as a limited subagent by a sponsoring agent prior to the issuance of such license.
(c)
As to any application for a limited subagent's license or certificate of authority, the Commissioner shall require as part of the application a certificate of the sponsoring agent proposed to be represented. The certificate shall state, relative to the applicant's character, including criminal background, identity, residence, experience, and instruction as to the kinds of insurance to be transacted, that the sponsoring agent is satisfied that the applicant is trustworthy and qualified to act as its limited subagent and to hold himself or herself out in good faith to the general public as a limited subagent and the fact that the sponsoring agent desires that the applicant be licensed as a limited subagent to represent it in this state.
(d)
Each applicant for an agency license shall file with the Commissioner the information required under Code Section
33-23-3
.
(e)
All such applications shall be accompanied by the appropriate fees in the respective amounts as provided by law.
Amended by 2008 Ga. Laws 767,§ 5, eff. 7/1/2008.
Amended by 2005 Ga. Laws 19,§ 33, eff. 4/7/2005.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.