Georgia Administrative Code

The purpose of this regulation is to provide minimum standards for contracts between controlling producers and controlled insurers.

The contract between controlled insurer and controlling producer must be in writing, must be approved by the board of directors, and must contain the following minimum provisions: (a) The controlled insurer may terminate the contract for cause, upon written notice to the controll…

If any section or portion of a section of this Regulation or application thereof to any insurer, producer, or circumstances is held invalid by a court of competent jurisdiction, the remainder of the rules or the applicability of such provisions to other insurers, producers, or ci…

Any controlling producer or controlled insurer failing to comply with the requirements of this Regulation shall be subject to such penalties as prescribed by O.C.G.A. Sec. 33-48-4.

(1) The intent of this Regulation Chapter is to prohibit insurers from engaging in unfair discrimination due to the fictitious grouping of risks based on criteria which are not actuarially supported and shown to be relevant to risk. As such, it is the purpose of this Regulation C…

For the purpose of this Regulation Chapter, the following definitions shall apply: (a) "Commissioner" shall mean the Commissioner of Insurance of the State of Georgia. (b) "Policy" or "policies" shall mean any private passenger automobile policy as defined in O.C.G.A. § 33-24-45(…

(1) No insurer, broker or agent shall use underwriting criteria or guidelines to determine an applicant's or insured's acceptability for policy issuance or continuation of coverage which result in the fictitious grouping of risks and result in unfair discrimination. (2) An insure…

Each insurer shall provide a complete copy of all available underwriting guidelines and any subsequent revisions to its agents and any authorized representatives. Each insurer shall also provide a copy of this Regulation Chapter to its agents and any authorized representatives.

Upon the request by the Commissioner of Insurance or his or her designated representative, each insurer shall provide the Georgia Insurance Department with a true and correct copy of its underwriting guidelines within twenty (20) days of the date requested.

Any insurer, representative, officer or employee of such insurer, failing to comply with the requirements of this Regulation Chapter shall be subject to such penalties and other enforcement action as may be appropriate under the insurance laws of this State.

If any provision of this Regulation Chapter or the application thereof to any person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, the remainder of this Regulation Chapter or the applicability of such provision to other persons or circ…

(1) The intent of this Regulation Chapter is to prohibit insurers from engaging in unfair discrimination due to the fictitious grouping of risks based on criteria which are not actuarially supported and shown to be relevant to risk. As such, it is the purpose of this Regulation C…

For the purpose of this Regulation Chapter, the following definitions shall apply: (a) "Commissioner" shall mean the Commissioner of Insurance of the State of Georgia. (b) "Policy" or "policies" shall mean any policy issued to a natural person or persons as the named insured whic…

(1) No insurer, broker or agent shall use underwriting criteria or guidelines to determine an applicant's or insured's acceptability for policy issuance or continuation of coverage which result in the fictitious grouping of risks and result in unfair discrimination. (2) An insure…

Each insurer shall provide a complete copy of all available underwriting guidelines and any subsequent revisions to its agents and any authorized representatives. Each insurer shall also provide a copy of this Regulation Chapter to its agents and any authorized representatives.

Upon the request by the Commissioner of Insurance or his or her designated representative, each insurer shall provide the Georgia Insurance Department with a true and correct copy of its underwriting guidelines within twenty (20) days of the date requested.

Any insurer, representative, officer or employee of such insurer, failing to comply with the requirements of this Regulation Chapter shall be subject to such penalties and other enforcement action as may be appropriate under the insurance laws of this State.

If any provision of this Regulation Chapter or the application thereof to any person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, the remainder of this Regulation Chapter or the applicability of such provision to other persons or circ…

This Regulation Chapter is issued pursuant to the authority vested in the Commissioner of Insurance pursuant to O.C.G.A. §§ 33-2-9 and 33-30-15.

The purpose of this Regulation Chapter is to implement O.C.G.A. § 33-30-15 with respect to portability of group health insurance, and other insurance provisions related to the Health Insurance Portability and Accountability Act of 1996 including renewability of group and individu…

For the purpose of this Regulation Chapter, the following definitions shall apply: (a) "Association" shall mean an organization as defined in O.C.G.A. § 33-30-1(b) and the Rules and Regulations of the Office of Commissioner of Insurance. (b) "Creditable Coverage" shall mean any h…

The requirements for an insured to be eligible for portability under a group health insurance benefit plan as required in O.C.G.A. § 33-30-15 are as follows: (a) The newly eligible insured was enrolled under similar coverage within the previous 90 days and is a "newly eligible em…

Group health insurance policies subject to O.C.G.A. § 33-30-15 and this Regulation Chapter shall not include a limitation for preexisting conditions for individuals without previous creditable coverage in excess of twelve (12) months following the eligibility date of a newly elig…

A group health insurance policy offered by a health maintenance organization may impose an affiliation period to employees, enrollees, or group members in lieu of any and all pre-existing condition exclusions or limitations only if the following are satisfied: (a) The affiliation…

(a) Pursuant to O.C.G.A. § 33-30-15(c)(2), insurers offering group health insurance coverage may apply the preexisting condition exclusion crediting method described in this Rule within any category of benefits described in paragraph (b) and not based on coverage for any other be…

(a) Individuals who decline group health insurance coverage when first eligible and satisfy subparagraphs (1) or (2) shall be considered newly eligible employees and not late enrollees, and must be offered coverage under the group policy or contract as newly eligible employees in…

(a) On and after July 1, 1997, all insurers which issue, issue for delivery, deliver, or renew existing group policies, certificates, or contracts of health insurance in the State of Georgia shall renew or continue such coverage at the option of the policyholders. (b) Notwithstan…

(a) On and after July 1, 1997, all insurers which issue, issue for delivery, deliver, or renew existing individual policies or contracts of health insurance in the State of Georgia shall renew or continue such coverage at the option of the insured. (b) Notwithstanding paragraph (…

(a) A prior insurer shall remain liable only to the extent of its accrued liabilities and extensions of benefits. (b) In accordance with O.C.G.A. § 33-30-15(b)(2), an insurer must offer a conversion policy to any insured whose group health insurance coverage terminates, including…

(a) Any insurer issuing a group health insurance policy or contract or individual insurance policy or contract must furnish a certification of creditable coverage described in subparagraph (1) in accordance with subparagraphs (2) through (6) of this paragraph. (1) The certificati…

(a) Except for the use of preexisting condition exclusions as permitted by this Regulation Chapter, no insurer may inpose a limitation of benefits on, or impose or condition the length of any waiting period on, or condition rules for eligibility, late, or special enrollment for, …

Every portability and renewability provision to be included in a group health insurance policy or contract, certificate, rider and/or endorsement issued, delivered, or issued for delivery in this State, and certificates issued to a Georgia resident insured under a multiple employ…

(a) All portability provisions in Rules through and Rule shall become effective for a group health insurance policy or contract as of the first day of the policy year or renewal date of the policy on or after July 1, 1997. (b) Rule shall become effective in accordance with the tr…

Any insurer failing to comply with the requirements of this Regulation Chapter shall be subject to penalties and other enforcement actions as may be appropriate under the insurance laws of this State.

If any provision of this Regulation Chapter or the application thereof to any person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, the remainder of the Regulation Chapter or the applicability of such provision to other persons or circu…

This Regulation Chapter is issued pursuant to the authority vested in the Commissioner of Insurance under O. C. G. A. Sections 33-2-9, 33-29-3.4 and 33-30-4.5.

The purpose of this Regulation Chapter is to set forth guidelines to assist in the implementation of Section 3.4 of Chapter 29 of Title 33 of the Official Code of Georgia Annotated and Section 4.5 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated.

Except as otherwise specifically provided, this Regulation Chapter shall apply to all insurers issuing policies or contracts of individual or group accident and sickness insurance, including conversion policies or contracts, which provide basic medical or hospital expenses, major…

For the purpose of this Regulation Chapter, the following definitions shall apply: (a) Child Wellness services shall mean the periodic review of a child's physical and emotional status conducted by a physician or conducted pursuant to a physician's supervision, but shall not incl…

Benefits for the preventive care of children from birth through the age of five (5) years shall be consistent with the prevailing Recommendations for Preventive Pediatric Health Care. The following services shall be included in basic coverage for child wellness services: (a) Medi…

Any insurer, representative, officer, or employee of such insurer failing to comply with the requirements of this Regulation Chapter shall be subject to such penalties and other enforcement actions as may be appropriate under the insurance laws of this State.

If any provision of this Regulation Chapter or the application thereof to any person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, the remainder of the Regulation Chapter or the applicability of such provision to other persons or circu…

The purpose of this Regulation Chapter is to set forth guidelines for certificated and uncertificated securities eligible for investment as set forth in O.C.G.A. § 33-11-2 for domestic insurers and O.C.G.A § 33-11-42 for foreign insurers and to enable domestic insurers to comply …

When used in this regulation, the term: (a) "Agent" shall mean a national bank, state bank or trust company that maintains an account in its name in a clearing corporation or that is a member of the Federal Reserve System and through which a custodian participates in a clearing c…

(1) An insurance company may, by written agreement with a custodian, provide for the custody of its securities with a custodian. The securities may be held by the custodian or its agent or in a clearing corporation or in the Federal Reserve book-entry system. Securities so held, …

(1) Certificated and uncertificated securities shall be maintained in depositories within this State by domestic insurers and may be maintained outside of this State by foreign insurers provided that the appropriate affidavits or model custodian agreement, substantially in the fo…

Any insurer, representative, officer, or employee of such insurer failing to Comply with the requirements of this Regulation Chapter shall be subject to such penalties and other enforcement actions as may be appropriate under the insurance laws of this State.