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Georgia Statutes, Title 33

Georgia/Statutes

← All Georgia coverage

Title 33

73 chapters · 1,492 sections in this title.

All chapters in Title 331,492 Ch 24, INSURANCE GENERALLY134 Ch 14, DOMESTIC STOCK AND MUTUAL INSURERS78 Ch 11, INVESTMENTS72 Ch 23, LICENSING62 Ch 37, INSURERS REHABILITATION AND LIQUIDATION59 Ch 9, REGULATION OF RATES, UNDERWRITING RU…49 Ch 15, FRATERNAL BENEFIT SOCIETIES38 Ch 5, REGULATION OF UNAUTHORIZED INSURERS37 Ch 41, CAPTIVE INSURANCE COMPANIES34 Ch 20, HEALTH CARE PLANS33 Ch 3, AUTHORIZATION AND GENERAL REQUIREMEN…32 Ch 2, DEPARTMENT AND COMMISSIONER31 Ch 17, RECIPROCAL INSURERS31 Ch 21, HEALTH MAINTENANCE ORGANIZATIONS31

33 sections·Filtered byTitle 33✕Ch 20✕

O.C.G.A. § 33-20-1 Short title
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This chapter shall be known and may be cited as the ‘‘Health Care Plan Act.’’ History. — Code 1933, § 56-1700a, enacted by Ga. L. 1976, p. 1461, § 1.
O.C.G.A. § 33-20-10 Expiration, renewal, and amendment of certiﬁcate of authority
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(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 f…
O.C.G.A. § 33-20-11 Refusal, revocation, or suspension of certiﬁcate of authority generally
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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 p…
O.C.G.A. § 33-20-12 Mandatory refusal, revocation, or suspension
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The Commissioner shall refuse to issue or to renew or shall revoke or suspend a health care corporation’s certiﬁcate of authority: (1) If such action is required by any provision of this title; or (2) If the health care corporation no longer meets the requirements for the authori…

O.C.G.A. § 33-20-13 Management of corporations; general powers; requirements as to reserves, minimum subscriber’s surpluses, and charges

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(a) Health care corporations shall be governed and conducted as corporations and the necessary expenses of administering the affairs of the corporations may be paid from the payments collected from subscribers. (b) A health care corporation may in its discretion limit the beneﬁts…

O.C.G.A. § 33-20-14 Acceptance of applications

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When organized, health care corporations shall be authorized to accept applicants individually or in groups who may become subscribers of the corporation furnishing health care services under a contract which shall entitle each subscriber, beneﬁciary, and covered dependent to the…

O.C.G.A. § 33-20-15 Issuance and contents of membership certiﬁcates

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(a) Every health care corporation shall issue to its subscribers a membership certiﬁcate which shall describe the health care plan under which the subscriber is enrolled and shall specify how the holder of such contract may obtain the name or names and addresses of participating …

O.C.G.A. § 33-20-16 Right to become participating physician or approved health care provider

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Every doctor of medicine, every doctor of dental surgery, every podiatrist, and every health care provider within a class approved by the health care corporation who is appropriately licensed to practice and who is reputable and in good standing shall have the right to become a p…

O.C.G.A. § 33-20-17 Powers of corporations to contract for provision of health care services; receipt of payments

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(a) Any health care corporation organized or operated under this chapter and engaged in the operation of a health care plan may contract with any agency, instrumentality, or political subdivision of the United States of America or of this state for the furnishing of health care s…

O.C.G.A. § 33-20-18 Sale of contracts providing for payment of speciﬁed charges made by participating physicians; right of subscribers to select physicians; liability of corporations for negligence of physicians

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(a) Health care corporations shall have the right to sell contracts providing for the payment of speciﬁed charges made by participating physicians furnishing medical or surgical care, or both, to the holders of such contracts, their beneﬁciaries, and covered dependents as provide…

O.C.G.A. § 33-20-19 Regulation and supervision of corporations by Commissioner generally; payment of fees and taxes by corporations generally

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Health care corporations shall be subject to regulation and supervision by the Commissioner and shall be required to pay any fees and taxes, including premium taxes, as are now or may hereafter be required of life insurers under this title in accordance with Chapters 2, 3, 8, and…

O.C.G.A. § 33-20-2 Purpose and construction of chapter

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It is the purpose and intent of this chapter and the policy of this state to promote and ﬁnance quality health care services of demonstrated need, efficiently provided and properly utilized at a reasonable cost, in order to maintain the standing and promote the progress of compre…

O.C.G.A. § 33-20-20 Submission to Commissioner of operating plan, schedule of rates, and amount of service; approval by Commissioner

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Except for corporations subject to this chapter which are surviving corporations, health care corporations shall before accepting applications from subscribers in a nonproﬁt health care plan submit to the Commissioner a plan of operating and overhead expenses, operation cost, and…

O.C.G.A. § 33-20-21 Approval of Commissioner of rates to be paid to providers of services

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Except for corporations subject to this chapter which are surviving corporations, the Commissioner shall ﬁrst approve the rates of payment to be made by health care corporations to providers of health care services on behalf of said corporation, its subscribers, beneﬁciaries, and…

O.C.G.A. § 33-20-22 Investment of funds of corporations

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Health care corporations shall invest in or lend their funds on security of and shall hold as invested assets only such assets as are authorized by Articles 1 and 3 of Chapter 11 of this title for the investments of assets of domestic insurance companies and such investments shal…

O.C.G.A. § 33-20-23 Maintenance of books and records showing funds collected and disbursed; examination of books and records by Commissioner

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Every health care corporation shall keep complete books and records in accordance with the requirements of the Commissioner showing all funds collected and disbursed. All books and records shall be subject to examination by the Commissioner in accordance with Chapter 2 of this ti…

O.C.G.A. § 33-20-24 Filing of reports with Commissioner

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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 y…

O.C.G.A. § 33-20-25 Liability for expenses of Commissioner’s supervisory and other activities

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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.

O.C.G.A. § 33-20-26 Powers of Commissioner as to protection of subscribers and public health and welfare

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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 au…

O.C.G.A. § 33-20-27 Imposition by Commissioner of administrative ﬁne for certain acts of officers, employees, agents, or representatives of corporations

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(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 thi…

O.C.G.A. § 33-20-28 Termination of organizers, agents, solicitors engaging in unfair or deceptive practices

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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 pra…

O.C.G.A. § 33-20-29 Unlawful actions by unauthorized persons

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It shall be unlawful for any person except a health care corporation established in accordance with this chapter and operating in accordance with authority from the Commissioner to establish, maintain, or operate a health care plan or to solicit subscribers to or enter into contr…

O.C.G.A. § 33-20-3 Deﬁnitions

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As used in this chapter, the term: (1) ‘‘Beneﬁciary’’ or ‘‘covered dependent’’ means a person designated in the subscription certiﬁcate or application therefor of a subscriber as entitled to health care service with respect to whom appropriate periodic payments are made, all subj…

O.C.G.A. § 33-20-30 Resolution of disputes

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Any dispute arising within the purview of this chapter with reference to the regulation and supervision of any health care corporation shall within 30 days after such dispute arises be submitted by the aggrieved person to the Commissioner for his decision with reference thereto, …

O.C.G.A. § 33-20-31 Applicability and construction of chapter

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Except for corporations subject to this chapter which are surviving corporations, this chapter shall not apply to nor govern any corporation which is organized for proﬁt or which contemplates any pecuniary gain to its shareholders or members. A corporation subject to this chapter…

O.C.G.A. § 33-20-32 Application of other provisions of Code to health care corporations

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Except where the context otherwise requires, the applicable provisions of Title 14 shall govern a health care corporation. A health care corporation shall not be considered to be a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302. All of the prov…

O.C.G.A. § 33-20-33 Payment of distribution of reserved funds or surplus; requirements for initial public offering; fees, taxes, and assessments; applicability of other provisions of Title 33; regulation

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(a) No reserved funds as deﬁned in subsection (b) of this Code section or surplus of such nonproﬁt health care corporation as increased pursuant to the charge required in subsection (e) of Code Section 33-20-13 shall be distributed or paid to any person as a part of any plan of c…

O.C.G.A. § 33-20-34 Conversion of nonproﬁt health care corporation; requirements and procedures; rules and regulations

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(a)(1) Any health care corporation which is governed generally by Chapter 3 of Title 14, the ‘‘Georgia Nonproﬁt Corporation Code,’’ and authorized under this chapter may merge with, or amend its articles of incorporation to become, a corporation governed by Chapter 2 of Title 14,…

O.C.G.A. § 33-20-4 Authorization of formation of health care corporations generally

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Health care corporations may be incorporated for the purpose of establishing, maintaining, and operating one or more health care plans, providing administrative or other services to employers or others that offer plans furnishing or reimbursing for health care services, including…

O.C.G.A. § 33-20-5 Procedure for formation of health care corporations; regulation and supervision of corporations by Commissioner generally

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(a) Any ﬁve or more persons, all of whom shall be residents of this state, upon ﬁling a petition with the Secretary of State for a corporate charter as provided in Chapter 3 of Title 14, the ‘‘Georgia Nonproﬁt Corporation Code,’’ or, if the resulting health care corporation is to…

O.C.G.A. § 33-20-7 Bond of treasurer; deposit of funds collected from subscribers

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The treasurer of a health care corporation shall be required to give a ﬁdelity bond with corporate surety in such sum as may be determined by the directors of the corporation and all funds collected from the subscribers of the corporation shall be deposited to the account of the …

O.C.G.A. § 33-20-8 Requirements for certiﬁcate of authority; application

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(a) Except for corporations subject to this chapter which are surviving corporations, a health care corporation may issue contracts only after the Commissioner has authorized it to do so. (b) Every application for a certiﬁcate of authority shall be accompanied by copies of the fo…

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

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(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 …