O.C.G.A. § 33-20-9 — Certiﬁcate of authority issuance

(a) The Commissioner shall be authorized to issue a certiﬁcate of authority in accordance with this chapter and other proper requirements of the Commissioner if the Commissioner is satisﬁed that: (1) All items required to be ﬁled are in proper form and meet his approval; (2) The applicant is established as a bona ﬁde health care corporation; (3) The services rendered by the corporation are not an unnecessary duplication of similar services in the community served and are desirable for the public necessity and convenience; (4) The applicant’s proposed methods of solicitation of contracts and its proposed conditions or methods of operation appear to be fair and reasonable; (5) The method of establishing rates charged is fair, reasonable, and adequate and the beneﬁts to be provided are fair and reasonable, provided that rates established in accordance with the applicable provisions of this chapter and Chapter 24 of this title may differ for separate services or classes or kinds of service, including service in different facilities, and between subscribers in different groups if based upon the experience of the group or locality and between subscribers in groups and individual subscribers not in groups; and (6) The amount provided as working capital is only provided by individuals or groups which have no ﬁnancial interest in the activities of the health care corporation. Interest charged for working capital, if any, shall be reasonable, shall be subject to the general laws of this state governing permissible rates of interest, and shall be approved by the Commissioner; and payment of interest, if any, and repayment of such working capital shall be permitted only after provision has been adequately made for operating expenses, payments of beneﬁts, and the establishment of required services. 776 33-20-11 (b) On an application for an original certiﬁcate of authority, the Commissioner may, in his discretion, consider and rely upon recommendations of the medical societies, the hospitals, or any other persons in the areas in which the health care corporation proposes to operate. History. — Code 1933, § 56-1719a, enacted by Ga. L. 1976, p. 1461, § 1. 33-20-10. Expiration, renewal, and amendment of certiﬁcate of authority. (a) All certiﬁcates of authority shall expire at 12:00 Midnight on June 30 following the date of issuance or renewal. A health care corporation desiring renewal shall ﬁle on March 1 preceding expiration a copy of its annual statement as of December 31 of the preceding year in a form approved for current use by the Commissioner, provided that the Commissioner may for good cause grant an extension of time for ﬁling such annual statement not to exceed 60 days. If the health care corporation qualiﬁes therefor its certiﬁcate shall be renewed annually; provided, however, that any certiﬁcate of authority shall continue in full force and effect until the new certiﬁcate is issued or speciﬁcally refused. (b) The Commissioner may amend a certiﬁcate of authority at any time to accord with changes in the health care corporation’s charter or powers. History. — Code 1933, § 56-1722a, enacted by Ga. L. 1976, p. 1461, § 1. 33-20-11. Refusal, revocation, or suspension of certiﬁcate of authority generally. The Commissioner may refuse to issue, or after a hearing refuse to renew, or revoke or suspend a health care corporation’s certiﬁcate of authority in addition to other grounds provided for in this title if the corporation: (1) Violates any provision of this title other than the provisions of Code Section 33-20-12 as to which refusal, suspension, or revocation is mandatory; (2) Knowingly fails to comply with any lawful rule, regulation, or order of the Commissioner; (3) Is found by the Commissioner to be in unsound condition or in such condition as to render its further transaction of business in this state hazardous to its subscribers or to the public; (4) As a general scheme or plot, without just cause compels claimants to accept less than the amount due them or to bring action against it to secure full payment of claims; 777 33-20-13 (5) Refuses to be examined or to produce its accounts, records, and ﬁles for examination by the Commissioner when required or refuses to furnish such other additional information as the Commissioner may deem advisable to consider the application for renewal of the corporation’s certiﬁcate of authority; (6) Fails to pay any ﬁnal judgment rendered against it in this state within 30 days after the judgment becomes ﬁnal; or (7) Is affiliated with and under the same general management or interlocking directorate or ownership as another insurer or person which transacts direct insurance or other business in this state without having a certiﬁcate of authority or otherwise being authorized to do so, except as permitted under Chapter 5 of this title. History. — Code 1933, § 56-1724a, enacted by Ga. L. 1976, p. 1461, § 1. 33-20-12. Mandatory refusal, revocation, or suspension.