O.C.G.A. § 33-45-4 — Administration by Insurance Department

The administration of this chapter is vested in the department, which shall: (1) Prepare and furnish all forms necessary under the provisions of this chapter; (2) Collect in advance, and the applicant shall pay in advance at the time of ﬁling, a fee for an application for a certiﬁcate of authority or a renewal of a certiﬁcate of authority, both as provided in Code Section 33-8-1, and a late fee to be determined by the department. The department may also levy a ﬁne not to exceed $50.00 a day for each day of noncompliance; and (3) Adopt rules, within the standards of this chapter, necessary to effect the purposes of this chapter. Speciﬁc provisions in this chapter relating to any subject shall not preclude the department from adopting rules concerning such subject if such rules are within the standards and purposes of this chapter. History. — Code 1981, § 33-45-4, enacted by Ga. L. 1990, p. 1817, § 1; Ga. L. 1992, p. 2725, § 32; Ga. L. 2005, p. 60, § 33/HB 95; Ga. L. 2011, p. 315, § 1/SB 166. 902 33-45-6 33-45-5. Application for approval or renewal of certiﬁcate of authority. No person may engage in the business of providing continuing care or limited continuing care or issuing continuing care agreements in this state without a certiﬁcate of authority therefor obtained from the department as provided in this chapter. For purposes of this Code section, the term ‘‘engage in the business of ’’ shall include the development or construction of a facility subject to regulation under this chapter or the holding of oneself out to the public as a provider. The application for approval or renewal of a certiﬁcate of authority shall be on such forms as provided by the department. The department shall issue such certiﬁcate of authority if the applicant pays the required fees, and the continuing care agreement for the applicant meets the requirements of Code Section 33-45-7. The department shall renew a certiﬁcate of authority if the provider pays the required fees and furnishes the annual disclosure statement required by Code Section 33-45-6 and is otherwise not in violation of this chapter. History. — Code 1981, § 33-45-5, enacted by Ga. L. 1990, p. 1817, § 1; Ga. L. 2011, p. 315, § 1/SB 166; Ga. L. 2012, p. 775, § 33/HB 942. 33-45-6. Annual revised disclosure statement; statement to be made available to all residents of facility; submission of other necessary information as determined by Commissioner. (a) Annually, on or before June 1, the provider shall ﬁle a revised disclosure statement and such other information and data showing its condition as of the last day of the preceding calendar year or ﬁscal year of the provider. If the department does not receive the required information on or before June 1, a late fee may be charged. The department may approve an extension of up to 30 days. (b)(1) The provider shall also make the revised disclosure statement available to all the residents of the facility. (2) A provider shall also revise its disclosure statement and have the revised disclosure statement recorded at any other time if revision is necessary to prevent an otherwise current disclosure statement from containing a material misstatement of fact or omitting a material fact required to be stated therein. Only the most recently recorded disclosure statement, with respect to a facility, and in any event, only a disclosure statement dated within one year plus 120 days prior to the due date of the time of renewal of a certiﬁcate of authority required by this chapter, shall be considered current. 903 33-45-7 (c) Notwithstanding the provisions of Code Section 33-45-9, the Commissioner may require a provider to submit such other information as he or she deems necessary to enforce this chapter. History. — Code 1981, § 33-45-6, enacted by Ga. L. 1990, p. 1817, § 1; Ga. L. 2011, p. 315, § 1/SB 166. 33-45-7. Requirements for continuing care agreements, addenda, and amendments.