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 1071 33-63-9 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. History. — Code 1981, § 33-63-9, enacted by Ga. L. 2008, p. 1097, § 1/SB 470; Ga. L. 2019, p. 533, § 1-33/HB 99. The 2019 amendment, effective July 1, 2019, in the introductory paragraph, deleted ‘‘of Insurance’’ following ‘‘Commis- sioner’’ near the beginning of the first sentence and substituted ‘‘Commissioner’’ for ‘‘commissioner’’ near the end of the second sentence; and inserted ‘‘a’’ near the end of the first sentence of paragraph (2). 1072 T.33, C.64 REGULATION OF PHARMACY BENEFITS MANAGERS 33-64-1 CHAPTER 64 REGULATION AND LICENSURE OF PHARMACY BENEFITS MANAGERS Sec. 33-64-1. 33-64-2. 33-64-3. 33-64-4. 33-64-5. 33-64-6. 33-64-7. 33-64-8. (For effective date, see note.) Definitions. (For effective date, see note.) License requirements and filing fees. Requirements and procedures affecting pharmacy benefits managers; surety bond. (For effective date, see note.) Pharmacy benefits manager shall not engage in the practice of medicine; recommended use of licensed physician. Audit requirements applicable to pharmacy benefits managers. Pharmacy benefits manager shall not have to be licensed as an administrator. (For effective date, see note.) Commissioner’s authority over rules and regulations. Electronic prior authorization drug requests with health care providers.