Filing of reports with Commissioner

Every health care corporation shall on or before March 1 in each year after it shall have commenced to do business pursuant to a certificate of authority make and file with the Commissioner a report of its affairs and operations during the year ending December 31 of the preceding year. The annual report shall be made in such form and contain such information as the Commissioner may by regulation from time to time prescribe and require in protecting the public interest and the interest of the subscribers of any health care corporation. The Commissioner may by regulation require such additional periodic reports as he may from time to time prescribe as necessary or appropriate to protect the policyholders and the public and to ensure the solvency of any health care corporation. The Commissioner may require that the reports be verified under oath by such appropriate officers or agents as he may designate by regulation and may require the reports to be published. Compliance with this Code section shall be a condition to the renewal of a certificate of authority under Code Section 33-20-10. History. — Code 1933, § 56-1721a, enacted by Ga. L. 1976, p. 1461, § 1. 33-20-25. Liability for expenses of Commissioner’s supervisory and other activities. Any and all supervision, conservation, rehabilitation, liquidation, or examination of the affairs of any corporation by the Commissioner shall be at the expense of the corporation. History. — Code 1933, § 56-1729a, enacted by Ga. L. 1976, p. 1461, § 1; Ga. L. 1995, p. 745, § 1.9. 33-20-26. Powers of Commissioner as to protection of subscribers and public health and welfare. The Commissioner shall have the authority to take appropriate actions authorized by this title for the protection of a health care corporation’s subscribers and the public health and welfare, including but not limited to those authorized in Code Section 33-2-24, and shall have authority to institute civil actions and other appropriate proceedings authorized by and in accordance with Chapter 37 of this title to conserve the assets of, rehabilitate, or liquidate a health care corporation organized under or subject to this chapter in the same manner and under the same conditions and causes applicable to domestic life insurers under Chapter 37 of this title. 785 33-20-28 History. — Code 1933, § 56-1727a, enacted by Ga. L. 1976, p. 1461, § 1. 33-20-27. Imposition by Commissioner of administrative fine for certain acts of officers, employees, agents, or representatives of corporations. (a) The Commissioner may after a hearing impose upon a health care corporation an administrative fine if he finds that the corporation through the acts of its officers, employees, agents, or representatives has with such frequency as to indicate its general business practice in this state: (1) Refused without just cause to pay proper claims arising under coverage provided by its contracts whether the claim is in favor of a subscriber or in favor of any other person entitled to the proceeds of a contract; or (2) Compelled without just cause subscribers, claimants, or other persons entitled to the proceeds of its contracts in this state to accept less than the amount due them or to bring action against the corporation to secure full payment or settlement of their claims. (b) The administrative fine imposed for violations set forth in paragraph (1) or (2) of subsection (a) of this Code section shall not exceed $1,000.00 for each act of misconduct constituting a violation; provided, however, that a fine of not more than $5,000.00 for each act of willful misconduct constituting a violation may be imposed. History. — Code 1933, § 56-1725a, enacted by Ga. L. 1976, p. 1461, § 1. 33-20-28. Termination of organizers, agents, solicitors engaging in unfair or deceptive practices. Whenever the Commissioner finds after investigation that an organizer, agent, or solicitor of a health care corporation has unfairly or improperly solicited subscription certificates by misrepresenting the terms of the certificates or has engaged in any other unfair or deceptive practice, or for any reason is incompetent to serve as an organizer, agent, or solicitor, or that his or her services are not, in fact, needed, he or she shall order such corporation to dispense with the services and the organizer, agent, or solicitor of the corporation. The corporation shall be subject to the fines, penalties, and provisions of Chapter 6 of this title and Code Section 33-2-24 that are applicable to life insurers and their agents and that are not inconsistent with this chapter. 786 History. — Code 1933, § 56-1726a, enacted by Ga. L. 1976, p. 1461, § 1; Ga. L. 2019, p. 337, § 1-86/SB 132. The 2019 amendment, effective July 1, 2019, in the first sentence, substituted ‘‘organizer, agent, or solicitor’’ for ‘‘orga- 33-20-30 nizer, solicitor, or agent’’ in two places and inserted ‘‘or her’’ and ‘‘or she’’; and substituted ‘‘The corporation’’ for ‘‘The corporations’’ at the beginning of the second sentence. 33-20-29. Unlawful actions by unauthorized persons.