reglab/statecodes huggingface dataset:
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 33-56-12 - [Reserved] Severability

Amended by 2019 Ga. Laws 186,§ 1-21, 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 33-56-13 - Effective date of notices by Commissioner

All notices by the Commissioner to an insurer which may result in regulatory action under this chapter shall be effective upon dispatch if transmitted by registered or certified mail or statutory overnight delivery or, in the case of any other transmission, shall be effective upon the insurer's receipt of such notice.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 57 - CONSUMERS' INSURANCE ADVOCATE (§ 33-57-1) › Section 33-57-1 - through 33-57-8 - Reserved

Reserved. Repealed by Ga. L. 2015, p. 1088, § 24/SB 148, effective July 1, 2015.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 58 - CHARITABLE GIFT ANNUITIES (§§ 33-58-1 — 33-58-6) › Section 33-58-1 - Definitions

As used in this chapter, the term:
(1)
"Charitable gift annuity" means a transfer of cash or other property by a donor to a charitable organization in return for an annuity payable over one or two lives, under which the actuarial value of the annuity is less than the value of the cash or other property transferred and the difference in value constitutes a charitable deduction for federal tax purposes.
(2)
"Charitable organization" means an entity described by:
(A)
Section 501(c)(3), Internal Revenue Code of 1986 (
26 U.S.C. Section 501(c)(3)
); or
(B)
Section 170(c), Internal Revenue Code of 1986 (
26 U.S.C. Section 170(c)
).
(3)
"Qualified charitable gift annuity" means a charitable gift annuity described in Section 501(m)(5), Internal Revenue Code of 1986 (
26 U.S.C. Section 501(m)(5)
), and Section 514(c)(5), Internal Revenue Code of 1986 (
26 U.S.C. Section 514(c)(5)
), that is issued by a charitable organization that on the date of the annuity agreement:
(A)
Has a minimum of $300,000.00 in unrestricted cash, cash equivalents, or publicly traded securities, exclusive of the assets funding the annuity agreement; and
(B)
Has been in continuous operation for at least three years or is a successor or affiliate of a charitable organization that has been in continuous operation for at least three years.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 58 - CHARITABLE GIFT ANNUITIES (§§ 33-58-1 — 33-58-6) › Section 33-58-2 - Qualified charitable gift annuities

(a)
The issuance of a qualified charitable gift annuity does not constitute engaging in the business of insurance in this state.
(b)
A charitable gift annuity issued before July 1, 2000, is a qualified charitable gift annuity for purposes of this chapter, and the issuance of that charitable gift annuity does not constitute engaging in the business of insurance in this state.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 58 - CHARITABLE GIFT ANNUITIES (§§ 33-58-1 — 33-58-6) › Section 33-58-3 - Agreement for annuity; notice

(a)
When entering into an agreement for a qualified charitable gift annuity, the charitable organization shall disclose to the donor in writing in the annuity agreement that a qualified charitable gift annuity is not insurance under the laws of this state and is not subject to regulation by the Commissioner of Insurance or protected by an insurance guaranty association.
(b)
The notice provisions required by this Code section must be in a separate paragraph in a print size no smaller than that employed in the annuity agreement generally.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 58 - CHARITABLE GIFT ANNUITIES (§§ 33-58-1 — 33-58-6) › Section 33-58-4 - Notice of annuity to Commissioner

(a)
A charitable organization that issues qualified charitable gift annuities shall notify the Commissioner in writing by the date on which it enters into the organization's first qualified charitable gift annuity agreement. The notice shall:
(1)
Be signed by an officer or director of the organization;
(2)
Identify the organization; and
(3)
Certify that:
(A)
The organization is a charitable organization; and
(B)
The annuities issued by the organization are qualified charitable gift annuities.
(b)
The charitable organization shall not be required to submit additional information except to determine appropriate penalties that may be applicable under Code Section
33-58-5
.
Amended by 2019 Ga. Laws 186,§ 1-22, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 58 - CHARITABLE GIFT ANNUITIES (§§ 33-58-1 — 33-58-6) › Section 33-58-5 - Failure to comply with notice

The failure of a charitable organization to comply with the notice requirements imposed under Code Section
33-58-3
or Code Section
33-58-4
does not prevent a charitable gift annuity that otherwise meets the requirements of this chapter from constituting a qualified charitable gift annuity. The Commissioner may enforce performance of the requirements of Code Section
33-58-3
or Code Section
33-58-4
by sending a letter by certified mail, or statutory overnight delivery, return receipt requested, demanding that the charitable organization comply with the requirements of such Code sections. The Commissioner may fine the charitable organization in an amount not to exceed $1,000.00 per qualified charitable gift annuity agreement issued until such time as the charitable organization complies with such Code sections.
Amended by 2001 Ga. Laws 370, § 4, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 58 - CHARITABLE GIFT ANNUITIES (§§ 33-58-1 — 33-58-6) › Section 33-58-6 - Issuance not violation of Title 10

The issuance of a qualified charitable gift annuity does not constitute a violation of Article 15 of Chapter 1 of Title 10.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 59 - LIFE SETTLEMENTS ACT (§§ 33-59-1 — 33-59-18) › Section 33-59-1 - Short title

This chapter shall be known and may be cited as the "Life Settlements Act."
Amended by 2009 Ga. Laws 93,§ 1, eff. 7/1/2009.
Added by 2005 Ga. Laws 326,§ 1, eff. 11/5/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 59 - LIFE SETTLEMENTS ACT (§§ 33-59-1 — 33-59-18) › Section 33-59-4 - Suspension, revocation, or refusal to renew licenses; grounds; hearing required

(a)
The Commissioner may suspend, revoke, or refuse to renew the license of any licensee if the Commissioner finds that:
(1)
There was any material misrepresentation in the application for the license;
(2)
The licensee or any officer, partner, member, or director has been guilty of fraudulent or dishonest practices, is subject to a final administrative action, or is otherwise shown to be untrustworthy or incompetent to act as a licensee;
(3)
The provider demonstrates a pattern of unreasonably withholding payments to policy owners;
(4)
The licensee no longer meets the requirements for initial licensure;
(5)
The licensee or any officer, partner, member, or director has been convicted of a felony or any misdemeanor of which criminal fraud is an element; or the licensee has pleaded guilty or nolo contendere to any felony or any misdemeanor of which criminal fraud or moral turpitude is an element regardless of whether a judgment of conviction has been entered by the court;
(6)
The provider has entered into any life settlement contract using a form that has not been approved pursuant to this chapter;
(7)
The provider has failed to honor contractual obligations set out in a life settlement contract;
(8)
The provider has assigned, transferred, or pledged a settled policy to a person other than a provider licensed in this state, purchaser, accredited investor or qualified institutional buyer as defined, respectively, in Regulation D, Rule 501, or Rule 144A of the federal Securities Act of 1933, as amended, financing entity, special purpose entity, or related provider trust;
(9)
The licensee or any officer, partner, member, or key management personnel has violated any of the provisions of this chapter; or
(10)
The provider has failed to maintain an adequate net worth.
(b)
Before the Commissioner denies a license application or suspends, revokes, or refuses to renew the license of any licensee under this chapter, the Commissioner shall conduct a hearing in accordance with Chapter 2 of this title.
Amended by 2009 Ga. Laws 93,§ 1, eff. 7/1/2009.
Added by 2005 Ga. Laws 326,§ 1, eff. 11/5/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 59 - LIFE SETTLEMENTS ACT (§§ 33-59-1 — 33-59-18) › Section 33-59-5 - Filing of contracts and disclosure statements with the Commissioner; approval or disapproval

(a)
No person may use any form of life settlement contract in this state unless it has been filed with and approved, if required, by the Commissioner in a manner that conforms with the filing procedures and any time restrictions or deeming provisions, if any, for life insurance forms, policies, and contracts.
(b)
No insurer may, as a condition of responding to a request for verification of coverage or in connection with the transfer of a policy pursuant to a life settlement contract, require that the owner, insured, provider, or life settlement broker sign any form, disclosure, consent, waiver, or acknowledgment that has not been expressly approved by the Commissioner for use in connection with life settlement contracts in this state.
(c)
A person shall not use a life settlement contract form or provide to an owner a disclosure statement form in this state unless first filed with and approved by the Commissioner. The Commissioner shall disapprove a life settlement contract form or disclosure statement form if, in the Commissioner's opinion, the contract or provisions contained therein fail to meet the requirements of Code Sections
33-59-8
,
33-59-9
,
33-59-11
, and
33-59-15
or are unreasonable, contrary to the interests of the public, or otherwise misleading or unfair to the owner. At the Commissioner's discretion, the Commissioner may require the submission of advertising material.
Amended by 2009 Ga. Laws 93,§ 1, eff. 7/1/2009.
Added by 2005 Ga. Laws 326,§ 1, eff. 11/5/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 59 - LIFE SETTLEMENTS ACT (§§ 33-59-1 — 33-59-18) › Section 33-59-8 - Advertising

(a)
A registered life settlement broker or licensed provider who is registered or licensed pursuant to this chapter may conduct or participate in advertisements within this state. Such advertisements shall comply with all advertising and marketing laws of this state and rules and regulations promulgated by the Commissioner that are applicable to life insurers or to life settlement brokers and providers licensed pursuant to this chapter.
(b)
Advertisements shall be accurate, truthful, and not misleading in fact or by implication.
(c)
No person or trust shall:
(1)
Directly or indirectly, market, advertise, solicit, or otherwise promote the purchase of a policy for the sole purpose of or with a primary emphasis on settling the policy; or
(2)
Use the words "free," "no cost," or words of similar import in the marketing, advertising, soliciting, or otherwise promoting of the purchase of a policy.
Amended by 2009 Ga. Laws 93,§ 1, eff. 7/1/2009.
Added by 2005 Ga. Laws 326,§ 1, eff. 11/5/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 59 - LIFE SETTLEMENTS ACT (§§ 33-59-1 — 33-59-18) › Section 33-59-10 - Lender-financed premiums using policy as collateral; disclosures and certifications

(a)
In addition to other questions an insurance carrier may lawfully pose to a life insurance applicant, insurance carriers may inquire in the application for insurance whether the proposed owner intends to pay premiums with the assistance of financing from a lender that will use the policy as collateral to support the financing.
(b)
If, as described in paragraph (11) of Code Section
33-59-2
, the loan provides funds which can be used for a purpose other than paying for the premiums, costs, and expenses associated with obtaining and maintaining the life insurance policy and loan, the application shall be rejected as a violation of the prohibited practices in Code Section
33-59-13
.
(c)
If the financing does not violate Code Section
33-59-13
in this manner, the insurance carrier:
(1)
May make disclosures, including, but not limited to, disclosures such as the following, to the applicant and the insured, either on the application or an amendment to the application to be completed no later than the delivery of the policy:
"If you have entered into a loan arrangement where the policy is used as collateral and the policy changes ownership at some point in the future in satisfaction of the loan, the following may be true:
(A)
A change of ownership could lead to a stranger owning an interest in the insured's life;
(B)
A change of ownership could in the future limit your ability to purchase future insurance on the insured's life because there is a limit to how much coverage insurers will issue on one life;
(C)
Should there be a change of ownership and you wish to obtain more insurance coverage on the insured's life in the future, the insured's higher issue age, a change in health status, or other factors may reduce the ability to obtain coverage or may result in significantly higher premiums; and
(D)
You should consult a professional adviser since a change in ownership in satisfaction of the loan may result in tax consequences to the owner, depending on the structure of the loan."; and
(2)
May require certifications, such as the following, from the applicant and the insured:
(A)
" I have not entered into any agreement or arrangement providing for the future sale of this life insurance policy;
(B)
My loan arrangement for this policy provides funds sufficient to pay for some or all of the premiums, costs, and expenses associated with obtaining and maintaining my life insurance policy, but I have not entered into any agreement by which I am to receive consideration in exchange for procuring this policy; and
(C)
The borrower has an insurable interest in the insured."
Amended by 2009 Ga. Laws 93,§ 1, eff. 7/1/2009.
Added by 2005 Ga. Laws 326,§ 1, eff. 11/5/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 59 - LIFE SETTLEMENTS ACT (§§ 33-59-1 — 33-59-18) › Section 33-59-12 - Determining governing law when multiple owners

(a)
If there is more than one owner on a single policy, and the owners are residents of different states, the life settlement contract shall be governed by the law of the state in which the owner having the largest percentage ownership resides or, if the owners hold equal ownership, the state of residence of one owner agreed upon in writing by all of the owners. The law of the state of the insured shall govern in the event that equal owners fail to agree in writing upon a state of residence for jurisdictional purposes.
(b)
A provider from this state who enters into a life settlement contract with an owner who is a resident of another state that has enacted statutes or adopted regulations governing life settlement contracts shall be governed in the effectuation of that life settlement contract by the statutes and regulations of the owner's state of residence. If the state in which the owner is a resident has not enacted statutes or regulations governing life settlement contracts, the provider shall give the owner notice that neither state regulates the transaction upon which he or she is entering. For transactions in those states, however, the provider is to maintain all records required if the transactions were executed in the state of residence. The forms used in those states need not be approved by the Commissioner.
(c)
If there is a conflict in the laws that apply to an owner and a purchaser in any individual transaction, the laws of the state that apply to the owner shall take precedence and the provider shall comply with those laws.
Amended by 2019 Ga. Laws 186,§ 1-24, eff. 7/1/2019.
Amended by 2009 Ga. Laws 93,§ 1, eff. 7/1/2009.
Added by 2005 Ga. Laws 326,§ 1, eff. 11/5/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 59 - LIFE SETTLEMENTS ACT (§§ 33-59-1 — 33-59-18) › Section 33-59-15 - Remedies and penalties for violations; procedural issues

(a)
In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any rule or regulation implementing this chapter, the Commissioner may seek an injunction in a court of competent jurisdiction in the county where the person resides or has a principal place of business and may apply for temporary and permanent orders as the Commissioner determines necessary to restrain the person from further committing the violation.
(b)
Any person damaged by the acts of any other person in violation of this chapter or any rule or regulation implementing this chapter may bring a civil action for damages against the person committing the violation in a court of competent jurisdiction.
(c)
The Commissioner may issue a cease and desist order upon a person who violates any provision of this chapter, any rule, regulation, or order adopted by the Commissioner, or any written agreement entered into with the Commissioner, in accordance with Chapter 2 of this title.
(d)
When the Commissioner finds that such an action presents an immediate danger to the public and requires an immediate final order, he or she may issue an emergency cease and desist order reciting with particularity the facts underlying such findings. The emergency cease and desist order shall become effective immediately upon service of a copy of the order on the respondent and shall remain effective for 90 days. If the department begins nonemergency cease and desist proceedings under subsection (a) of this Code section, the emergency cease and desist order shall remain effective, absent an order by an appellate court of competent jurisdiction pursuant to Chapter 13 of Title 50. In the event of a willful violation of this chapter, the trial court may award statutory damages in addition to actual damages in an additional amount up to three times the actual damage award. The provisions of this chapter may not be waived by agreement. No choice of law provision may be utilized to prevent the application of this chapter to any settlement in which a party to the settlement is a resident of this state.
Amended by 2009 Ga. Laws 93,§ 1, eff. 7/1/2009.
Added by 2005 Ga. Laws 326,§ 1, eff. 11/5/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 59 - LIFE SETTLEMENTS ACT (§§ 33-59-1 — 33-59-18) › Section 33-59-16 - Fraudulent life settlement acts prohibited; criminal and civil penalties; revocation of license

(a)
It is a violation of this chapter for any person, provider, life settlement broker, or any other party related to the business of life settlements to commit a fraudulent life settlement act.
(b)
For criminal liability purposes, a person that commits a fraudulent life settlement act shall be guilty of committing insurance fraud and shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both.
(c)
The Commissioner shall be empowered to levy a civil penalty:
(1)
Not exceeding $1,000.00 for each and every act in violation of this chapter or, if the person knew or reasonably should have known the acts that he or she committed were in violation of this chapter, the monetary penalty provided for in this subsection may be increased to an amount up to $5,000.00 for each and every act in violation; and
(2)
The amount of the claim for each violation upon any person, including those persons and their employees licensed pursuant to this chapter, who is found to have committed a fraudulent life settlement act or violated any other provision of this chapter.
(d)
The license of a person licensed under this chapter that commits a fraudulent life settlement act shall be revoked for a period of at least one year.
Amended by 2009 Ga. Laws 93,§ 1, eff. 7/1/2009.
Amended by 2008 Ga. Laws 528,§ 10, eff. 7/1/2009.
Added by 2005 Ga. Laws 326,§ 1, eff. 11/5/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 59 - LIFE SETTLEMENTS ACT (§§ 33-59-1 — 33-59-18) › Section 33-59-17 - Unfair trade practice

A violation of this chapter shall be considered an unfair trade practice pursuant to state law and subject to the penalties provided by state law.
Amended by 2009 Ga. Laws 93,§ 1, eff. 7/1/2009.
Added by 2005 Ga. Laws 326,§ 1, eff. 11/5/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 59 - LIFE SETTLEMENTS ACT (§§ 33-59-1 — 33-59-18) › Section 33-59-18 - [Repealed]

Amended by 2020 Ga. Laws 521,§ 33, eff. 7/29/2020.
Amended by 2019 Ga. Laws 186,§ 1-25, eff. 7/1/2019.
Amended by 2009 Ga. Laws 93,§ 1, eff. 7/1/2009.
Added by 2005 Ga. Laws 326,§ 1, eff. 11/5/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 59A - INTERSTATE INSURANCE PRODUCT REGULATION COMPACT (§§ 33-59A-1 — 33-59A-2) › Section 33-59A-2 - Membership on Interstate Insurance Product Regulation Commission; Commissioner of Insurance to be state's representative

Pursuant to terms and conditions of this chapter, the State of Georgia seeks to join with other states and establish the Interstate Insurance Product Regulation Compact, and thus become a member of the Interstate Insurance Product Regulation Commission. The Commissioner of Insurance is hereby designated to serve as the representative of the State of Georgia to the commission.
Amended by 2007 Ga. Laws 18,§ 33, eff. 5/11/2007.
Added by 2006 Ga. Laws 934,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 60 - SMALL BUSINESS EMPLOYEE CHOICE OF BENEFITS HEALTH INSURANCE ACT (§§ 33-60-1 — 33-60-6) › Section 33-60-1 - Short title

This chapter shall be known and may be cited as the "Small Business Employee Choice of Benefits Health Insurance Plan Act."
Added by 2005 Ga. Laws 385,§ 1, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 60 - SMALL BUSINESS EMPLOYEE CHOICE OF BENEFITS HEALTH INSURANCE ACT (§§ 33-60-1 — 33-60-6) › Section 33-60-2 - Legislative intent

The General Assembly recognizes the need for employers and individuals in this state to have the opportunity to choose among group and individual health insurance plans that are more affordable and flexible than standard market policies of accident and sickness insurance and the need to increase the availability of health insurance coverage by authorizing the transaction of this type of plan or policy by accident and sickness insurers licensed to transact business in this state. This chapter shall require insurers which provide major medical coverage to offer policies that contain all state mandated health benefits as well as policies that contain the limited selection of state mandated health benefits set forth in Code Section
33-60-3
; provided, however, that employees in group plans or individuals may choose pursuant to this chapter among new health insurance plans offered by insurers that either include all state mandated health benefits or include the limited state mandated health benefits set forth in Code Section
33-60-3
.
Amended by 2019 Ga. Laws 186,§ 1-26, eff. 7/1/2019.
Added by 2005 Ga. Laws 385,§ 1, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 60 - SMALL BUSINESS EMPLOYEE CHOICE OF BENEFITS HEALTH INSURANCE ACT (§§ 33-60-1 — 33-60-6) › Section 33-60-3 - Definitions

As used in this chapter, the term:
(1)
"Alternative health benefit plan" means a group or individual health benefit plan that contains:
(A)
Major medical benefits;
(B)
Standard provisions or rights required to be present in an individual, blanket, or group policy or contract for accident and sickness insurance pursuant to state law or regulations unrelated to specific health illnesses, injuries, or conditions of the insured, including, but not limited to, those related to continuation of coverage in Code Section
33-24-21.1
, Code Section
33-24-21.2
, paragraph (4) of Code Section
33-30-4
, and paragraph (8) of subsection (b) of Code Section
33-30-6
; entitlement to conversion privileges in Code Section
33-24-21.1
; termination of coverage in Code Sections
33-24-21
and
33-24-28
; and coverage of newly born or adopted children in Code Section
33-24-22
; and
(C)
Coverage of testing for chlamydia in Code Section
31-17-4.1
; coverage for complications of pregnancy in Code Section
33-24-24
; coverage for general anesthesia and related hospital and outpatient facility charges for dental care for persons who are developmentally disabled, seven or younger, neurologically impaired, or suffering severe face or head trauma in Code Section
33-24-28.4
; surveillance tests for ovarian cancer in Code Section
33-24-56.2
; colorectal cancer screening and testing in Code Section
33-24-56.3
; coverage for hospital stays after delivery in Code Section
33-24-58.2
; direct access to obstetricians and gynecologists in Code Section
33-24-59
; treatment of dependent children with cancer in Code Section
33-24-59.1
; coverage for equipment and self-management training for individuals with diabetes in Code Section
33-24-59.2
; coverage for prescribed female contraceptive drugs or devices in Code Section
33-24-59.6
, provided that nothing contained in this paragraph shall be construed to require any insurance company to provide coverage for abortion; coverage for prescription inhalers in Code Section
33-24-59.8
; coverage for autism in Code Section
33-24-59.10
; coverage for mastectomy and lymph node dissection in Code Section
33-24-72
; coverage for mammograms, Pap smears, and screening for prostate cancer in Code Sections
33-29-3.2
and
33-30-4.2
; provisions concerning mail-order pharmaceuticals in Code Section
33-30-4.3
; and coverage for child wellness exams in Code Sections
33-29-3.4
and
33-30-4.5
.
(2)
"Group" means any employer group of 50 employees or less.
(3)
"Insurer" means any insurer or nonprofit organization authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapters 15, 20, 21, 29, and 30 of this title.
Amended by 2019 Ga. Laws 186,§ 1-27, eff. 7/1/2019.
Amended by 2013 Ga. Laws 33,§ 33, eff. 4/24/2013.
Added by 2005 Ga. Laws 385,§ 1, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 60 - SMALL BUSINESS EMPLOYEE CHOICE OF BENEFITS HEALTH INSURANCE ACT (§§ 33-60-1 — 33-60-6) › Section 33-60-4 - Requirements for insurers and employers; sale by health maintenance organizations permitted; purchase of additional coverage permitted

(a)
Notwithstanding any other provision of law:
(1)
Any insurer authorized to transact business in this state offering group accident and sickness policies or contracts shall be required to offer, through a licensed agent or agency, a group health benefit plan that contains all state mandated health benefits and may offer a group alternative health benefit plan as defined in this chapter; and
(2)
Any insurer authorized to transact business in this state offering individual accident and sickness policies or contracts shall be required to offer, through a licensed agent or agency, an individual health benefit plan that contains all state mandated health benefits and may offer an individual alternative health benefit plan as defined in this chapter.
(b)
An employer who chooses to offer group health benefit plans to its employees shall offer to each eligible employee a group health benefit plan that contains all state mandated health benefits and may offer to each eligible employee a group alternative health benefit plan as defined in this chapter.
(c)
The provisions of Chapter 21 of this title shall not be deemed to prohibit licensees thereunder from selling the policies provided for in this Code section.
(d)
The purchase of an accident and sickness policy or contract under this Code section shall not preclude the purchaser from purchasing additional limited benefit insurance policies or contracts.
Amended by 2019 Ga. Laws 186,§ 1-28, eff. 7/1/2019.
Added by 2005 Ga. Laws 385,§ 1, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 60 - SMALL BUSINESS EMPLOYEE CHOICE OF BENEFITS HEALTH INSURANCE ACT (§§ 33-60-1 — 33-60-6) › Section 33-60-5 - Required notice and acknowledgement

(a)
In each sale of an alternative health benefit plan, the insurer shall provide to each proposed individual group member or individual policyholder a notice and an acknowledgment at the beginning of the application for the alternative health benefit plan containing the following language in boldface type:
"You have the option to choose this Small Business Employee Choice of Benefits Health Insurance Plan which does not provide all of the state mandated health benefits normally required in accident and sickness insurance policies in Georgia. This health benefits plan may provide a more affordable health insurance policy for you, although, at the same time, it may provide you with fewer health benefits than those normally included as state mandated health benefits in policies in Georgia. If you choose this option, please consult with your insurance agent to discover which state mandated health benefits are excluded in this policy."
(b)
An acknowledgment separate from the notice and application provided for in subsection (a) of this Code section shall be provided to and completed by each individual policyholder or individual group member. Such acknowledgment shall contain a comparison of the benefits contained in each of the health benefit plan options being offered to the individual policyholder or individual group member. In the case of group health benefit plans being offered by an employer, a copy of the acknowledgment for each individual group member shall be maintained by the employer.
Amended by 2019 Ga. Laws 186,§ 1-29, eff. 7/1/2019.
Added by 2005 Ga. Laws 385,§ 1, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 60 - SMALL BUSINESS EMPLOYEE CHOICE OF BENEFITS HEALTH INSURANCE ACT (§§ 33-60-1 — 33-60-6) › Section 33-60-6 - [Repealed]

Amended by 2020 Ga. Laws 521,§ 33, eff. 7/29/2020.
Amended by 2019 Ga. Laws 186,§ 1-30, eff. 7/1/2019.
Added by 2005 Ga. Laws 385,§ 1, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 61 - AUTOMOBILE CLUBS (§§ 33-61-1 — 33-61-2) › Section 33-61-1 - Definitions

As used in this chapter, the term:
(1)
"Automobile club" or "club" means any person, who in consideration of fees, dues, periodic payments, or other specifically stated charges, promises its members to provide automobile club services.
(2)
"Automobile club services" shall include, but not be limited to, the assumption of or reimbursement of the expense or a portion thereof for towing of a motor vehicle, emergency road service, matters relating to the operation, use, and maintenance of a motor vehicle, and the supplying of services which includes, augments, or is incidental to theft or reward services, discount services, arrest bond services, lock and key services, trip interruption services, and legal fee reimbursement services in defense of traffic related offenses.
Amended by 2020 Ga. Laws 521,§ 33, eff. 7/29/2020.
Amended by 2019 Ga. Laws 186,§ 1-31, eff. 7/1/2019.
Added by 2006 Ga. Laws 546,§ 1, eff. 4/21/2006.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 61 - AUTOMOBILE CLUBS (§§ 33-61-1 — 33-61-2) › Section 33-61-2 - Automobile club performing services

An automobile club performing services as defined in this chapter shall not be subject to any laws respecting insurance companies of any class, kind, or character in this state or regulation under such laws because of performance of those services.
Added by 2006 Ga. Laws 546,§ 1, eff. 4/21/2006.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 62 - PROPERTY AND CASUALTY ACTUARIAL OPINION LAW (§§ 33-62-1 — 33-62-3) › Section 33-62-1 - Short title

This chapter shall be known and may be cited as the "Property and Casualty Actuarial Opinion Law."
Added by 2008 Ga. Laws 769,§ 4, eff. 1/1/2010.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 62 - PROPERTY AND CASUALTY ACTUARIAL OPINION LAW (§§ 33-62-1 — 33-62-3) › Section 33-62-2 - Submission of annual statement of actuarial opinion of appointed actuary by property and casualty insurance companies licensed to do business in Georgia

(a)
Every property and casualty insurance company doing business in this state, unless otherwise exempted by the domiciliary commissioner, shall annually submit the opinion of an appointed actuary entitled "Statement of Actuarial Opinion." This opinion shall be filed in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions.
(b)
(1)
Every property and casualty insurance company domiciled in this state that is required to submit a statement of actuarial opinion shall annually submit an actuarial opinion summary written by the company's appointed actuary. This actuarial opinion summary shall be filed in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions and shall be considered as a document supporting the actuarial opinion required in subsection (a) of this Code section.
(2)
A company licensed but not domiciled in this state shall provide the actuarial opinion summary upon request.
(c)
(1)
An actuarial report and underlying work papers as required by rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions shall be prepared to support each actuarial opinion.
(2)
If the insurance company fails to provide a supporting actuarial report or work papers at the request of the Commissioner or the Commissioner determines that the supporting actuarial report or work papers provided by the insurance company are otherwise unacceptable to the Commissioner, the Commissioner may engage a qualified actuary at the expense of the insurance company to review the opinion and the basis for the opinion and prepare the supporting actuarial report or work papers.
(d)
The appointed actuary shall not be liable for damages to any person other than the insurance company and the Commissioner for any act, error, omission, decision, or conduct with respect to the actuary's opinion except in cases of fraud or willful misconduct on the part of the appointed actuary.
Added by 2008 Ga. Laws 769,§ 4, eff. 1/1/2010.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 63 - GUARANTEED ASSET PROTECTION WAIVERS (§§ 33-63-1 — 33-63-9) › Section 33-63-1 - Legislative findings

The General Assembly finds that guaranteed asset protection waivers are not insurance. All guaranteed asset protection waivers issued on or after the date of enactment of this chapter shall not be construed as insurance.
Amended by 2019 Ga. Laws 186,§ 1-32, eff. 7/1/2019.
Added by 2008 Ga. Laws 771,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 63 - GUARANTEED ASSET PROTECTION WAIVERS (§§ 33-63-1 — 33-63-9) › Section 33-63-2 - Purpose; exemptions from applicability of chapter; guaranteed asset protection waivers exempt from state's insurance laws

(a)
The purpose of this chapter is to provide a framework within which guaranteed asset protection waivers are defined and may be offered within this state.
(b)
This chapter shall not apply to:
(1)
An insurance policy offered by an insurer under the insurance laws of this state; or
(2)
A debt cancellation or debt suspension contract being offered in compliance with 12 C.F.R. Part 37 or 12 C.F.R. Part 721 or other federal law.
(c)
Guaranteed asset protection waivers governed under this chapter are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers that comply with this chapter are exempt from this state's insurance licensing requirements.
Added by 2008 Ga. Laws 771,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 63 - GUARANTEED ASSET PROTECTION WAIVERS (§§ 33-63-1 — 33-63-9) › Section 33-63-5 - Contractual liability or other insurance policies

(a)
Contractual liability or other insurance policies insuring guaranteed asset protection waivers must state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the guaranteed asset protection waivers issued by the creditor and purchased or held by the borrower.
(b)
Coverage under a contractual liability or other insurance policy insuring a guaranteed asset protection waiver must also cover any subsequent assignee upon the assignment, sale, or transfer of the finance agreement.
(c)
Coverage under a contractual liability or other insurance policy insuring a guaranteed asset protection waiver must remain in effect unless cancelled or terminated in compliance with the applicable insurance laws of this state.
(d)
The cancellation or termination of a contractual liability or other insurance policy must not reduce the insurer's responsibility for guaranteed asset protection waivers issued by the creditor prior to the date of cancellation or termination and for which premium has been received by the insurer.
Added by 2008 Ga. Laws 771,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 63 - GUARANTEED ASSET PROTECTION WAIVERS (§§ 33-63-1 — 33-63-9) › Section 33-63-6 - Required disclosures

Guaranteed asset protection waivers must disclose, as applicable, in writing and in clear, understandable language that is easy to read, the following:
(1)
The name and address of the initial creditor and the borrower at the time of sale and the identity of any administrator if different from the creditor;
(2)
The purchase price and the terms of the guaranteed asset protection waiver, including without limitation the requirements for protection, conditions, or exclusions associated with the guaranteed asset protection waiver;
(3)
That the borrower may cancel the guaranteed asset protection waiver within a free look period, as specified in the waiver, and will be entitled to a full refund of the purchase price, provided no benefits have been made; or in the event benefits have been made, the borrower may receive a full or partial refund if the waiver so provides;
(4)
The procedure the borrower must follow, if any, to obtain guaranteed asset protection waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits;
(5)
Whether or not the guaranteed asset protection waiver is cancelable after the free look period and the conditions under which it may be canceled or terminated, including the procedures for requesting any refund due;
(6)
That in order to receive any refund due in the event of a borrower's cancellation of the guaranteed asset protection waiver agreement or early termination of the finance agreement after the free look period of the guaranteed asset protection waiver, the borrower, in accordance with terms of the waiver, must provide a written request to cancel to the creditor, administrator, or such other party within 90 days after the borrower's decision to cancel the waiver or the occurrence of the event terminating the finance agreement;
(7)
The methodology for calculating any refund of the unearned purchase price of the guaranteed asset protection waiver due in the event of cancellation of the guaranteed asset protection waiver or early termination of the finance agreement; and
(8)
That neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease may be conditioned upon the purchase of the guaranteed asset protection waiver.
Added by 2008 Ga. Laws 771,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 63 - GUARANTEED ASSET PROTECTION WAIVERS (§§ 33-63-1 — 33-63-9) › Section 33-63-7 - Cancellation

(a)
Guaranteed asset protection waiver agreements may be cancelable or noncancelable after the free look period. Guaranteed asset protection waivers must provide that if a borrower cancels a waiver within the free look period, the borrower will be entitled to a full refund of the purchase price, provided no benefits have been paid; or in the event benefits have been paid, the borrower may receive a full or partial refund if the waiver so provides.
(b)
In the event of a borrower's cancellation of the guaranteed asset protection waiver or early termination of the finance agreement, after the agreement has been in effect beyond the free look period, the borrower may be entitled to a refund of any unearned portion of the purchase price of the waiver unless the waiver provides otherwise. In order to receive a refund, the borrower, in accordance with any applicable terms of the waiver, must provide a written request to the creditor, administrator, or other party within 90 days after the borrower's decision to cancel the waiver or the occurrence of the event terminating the finance agreement.
(c)
If the cancellation of a guaranteed asset protection waiver occurs as a result of a default under the finance agreement or the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or administrator and applied as set forth in subsection (d) of this Code section.
(d)
Any cancellation refund under subsection (a), (b), or (c) of this Code section may be applied by the creditor as a reduction of the amount owed under the finance agreement unless the borrower can show that the finance agreement has been paid in full.
Added by 2008 Ga. Laws 771,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 63 - GUARANTEED ASSET PROTECTION WAIVERS (§§ 33-63-1 — 33-63-9) › Section 33-63-8 - Exempted commercial transactions

Subsection (c) of Code Section
33-63-4
and Code Sections
33-63-6
and
33-63-9
shall not be applicable to a guaranteed asset protection waiver offered in connection with a lease or retail installment sale associated with a commercial transaction.
Added by 2008 Ga. Laws 771,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 63 - GUARANTEED ASSET PROTECTION WAIVERS (§§ 33-63-1 — 33-63-9) › Section 33-63-9 - Commissioner to enforce provisions; penalty for violations

The Commissioner may take action which is necessary or appropriate to enforce the provisions of this chapter and to protect guaranteed asset protection waiver holders in this state. After proper notice and opportunity for hearing, the Commissioner may:
(1)
Order the creditor, administrator, or any other person not in compliance with this chapter to cease and desist from further guaranteed asset protection waiver related operations which are in violation of this chapter; and
(2)
Impose a penalty of not more than $500.00 per violation and not more than $10,000.00 in the aggregate for all violations of a similar nature. For purposes of this paragraph, violations must be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the conduct, action, or practice which is determined to be a violation of this chapter occurred.
Amended by 2019 Ga. Laws 186,§ 1-33, eff. 7/1/2019.
Added by 2008 Ga. Laws 771,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 64 - REGULATION AND LICENSURE OF PHARMACY BENEFITS MANAGERS (§§ 33-64-1 — 33-64-13) › Section 33-64-3 - Requirements and procedures affecting pharmacy benefits managers; surety bond

(a)
Every applicant for a pharmacy benefits manager's license shall file with the application and shall thereafter maintain in force a bond in the amount of $100,000.00 in favor of the Commissioner executed by a corporate surety insurer authorized to transact insurance in this state. The terms and type of the bond shall be established by rules and regulations.
(b)
The bond shall remain in force until the surety is released from liability by the Commissioner or until the bond is canceled by the surety. Without prejudice to any liability accrued prior to cancellation, the surety may cancel the bond upon 30 days' advance notice, in writing, filed with the Commissioner.
(c)
Every applicant for a pharmacy benefits manager's license shall obtain and shall thereafter maintain in force errors and omissions coverage or other appropriate liability insurance, written by an insurer authorized to transact insurance in this state, in an amount of at least $250,000.00.
(d)
The coverage required in subsection (c) of this Code section shall remain in force for a term of at least one year and shall contain language that includes that the insurer may cancel the insurance upon 60 days' advance notice filed with the Commissioner. Other terms and conditions relating to the errors and omissions policy may be imposed on the applicant in accordance with rules and regulations.
(e)
In the event a licensed pharmacy benefits manager fails to renew, surrenders, or otherwise terminates its license, it must retain both the bond and the errors and omissions coverage for a period of not less than one year after the licensee has failed to renew, surrendered, or otherwise terminated the license.
Added by 2010 Ga. Laws 549,§ 1, eff. 1/15/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 64 - REGULATION AND LICENSURE OF PHARMACY BENEFITS MANAGERS (§§ 33-64-1 — 33-64-13) › Section 33-64-4 - Pharmacy benefits manager shall not engage in the practice of medicine; recommended use of licensed physician

(a)
No pharmacy benefits manager shall engage in the practice of medicine, except as otherwise provided in subsection (b) of this Code section.
(b)
Any physician employed by or contracted with a pharmacy benefits manager advising on or making determinations specific to a Georgia insured in connection with a prior authorization or step therapy appeal or determination review shall:
(1)
Have actively seen patients within the past five years; and
(2)
Have practiced in the same specialty area for which he or she is providing advisement within the past five years.
(c)
For contracts and amendments entered into with a pharmacy benefits manager on and after July 1, 2021, the department is encouraged to require the use of a licensed Georgia physician for prior authorization or step therapy appeal or determination reviews.
Amended by 2020 Ga. Laws 584,§ 3, eff. 7/1/2021.
Amended by 2020 Ga. Laws 583,§ 3, eff. 7/1/2021.
Added by 2010 Ga. Laws 549,§ 1, eff. 1/15/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 64 - REGULATION AND LICENSURE OF PHARMACY BENEFITS MANAGERS (§§ 33-64-1 — 33-64-13) › Section 33-64-5 - Audit requirements applicable to pharmacy benefits managers

Pharmacy benefits managers, whether licensed pursuant to this chapter or exempt from licensure pursuant to subsection (l) of Code Section
33-64-2
, shall be subject to Code Section
26-4-118
, "The Pharmacy Audit Bill of Rights," to the same extent and in the same manner as pharmacies.
Added by 2010 Ga. Laws 549,§ 1, eff. 1/15/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 64 - REGULATION AND LICENSURE OF PHARMACY BENEFITS MANAGERS (§§ 33-64-1 — 33-64-13) › Section 33-64-6 - Pharmacy benefits manager shall not have to be licensed as an administrator

A pharmacy benefits manager licensed pursuant to this chapter shall not be required to obtain a license as an administrator pursuant to Article 2 of Chapter 23 of this title to perform any function as a pharmacy benefits manager pursuant to this chapter.
Amended by 2011 Ga. Laws 245,§ 33, eff. 5/13/2011.
Added by 2010 Ga. Laws 549,§ 1, eff. 1/15/2011.