Title 33 — Title 33
0 chapters · 1,218 sections in this title.
O.C.G.A. § 33-47-4 Written contract with insurer required; contents
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No person, firm, association, or corporation acting in the capacity of a managing general agent shall place business with an insurer unless there is in force a written contract between the parties which sets forth the responsibilities of each party and where both parties share res…
O.C.G.A. § 33-47-4.1 Fully earned policy fees
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No licensed managing general agent may charge a fully earned policy fee in connection with the issuance of an insurance policy unless such fee shall be a component of the insurer’s rate filing. No fully earned policy fee may exceed $25.00. History. — Code 1981, § 33-47-4.1, enacte…
O.C.G.A. § 33-47-5 Life settlements act
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Examination of licensees. Examiners, §33-59-7. Managed health care plans. Patient’s right to independent review. Independent review organization, §33-20A-39. CONFLICTS OF LAW.
O.C.G.A. § 33-47-6 Principal and agent relationship created
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The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A managing general agent may be examined as if it were the insurer. History. — Code 1981, § 33-47-6, enacted by Ga. L. 1991, p. 1424, § 8. 33-47-7. Violation of chapt…
O.C.G.A. § 33-47-7 Violation of chapter; penalties
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(a) If the Commissioner finds, after a hearing conducted in accordance with Chapter 2 of this title, that any person has violated any provision of this chapter, the Commissioner may order: (1) For each separate violation, a penalty in an amount not to exceed $10,000.00; (2) Revoca…
O.C.G.A. § 33-48-1 Short title
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This chapter shall be known and may be cited as the ‘‘Business Transacted with Producer Controlled Property and Casualty Insurer Act.’’ History. — Code 1981, § 33-48-1, enacted by Ga. L. 1991, p. 1424, § 8. 33-48-2. Definitions.
O.C.G.A. § 33-48-2 Definitions
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As used in this chapter, the term: (1) ‘‘Control’’ or ‘‘controlled’’ shall have the same meaning as provided in paragraph (3) of Code Section 33-13-1, relating to definitions used with regard to insurance company holding systems. (2) ‘‘Independent casualty actuary’’ means a casual…
O.C.G.A. § 33-48-4 Risk retention groups
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General provisions, §§33-40-1 to 33-40-20. Insurers’ agreements apportioning property and casualty insurance, §§33-9-7, 33-9-8. Leakage equipment insurance. Kind of casualty insurance, §33-7-3. Malpractice insurance. Kind of casualty insurance, §33-7-3. Name of insurer, name of i…
O.C.G.A. § 33-49-1 Short title
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This chapter shall be known and may be cited as the ‘‘Reinsurance Intermediary Act.’’ History. — Code 1981, § 33-49-1, enacted by Ga. L. 1991, p. 1424, § 8.
O.C.G.A. § 33-49-10 Examination of reinsurance intermediaries and managers by Commissioner
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(a) A reinsurance intermediary shall be subject to examination by the Commissioner. The Commissioner shall have access to all books, bank accounts, and records of the reinsurance intermediary in a form usable to the Commissioner. (b) A manager may be examined as if it were the re…
O.C.G.A. § 33-49-11 Violations; penalties
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(a) A reinsurance intermediary, insurer, or reinsurer found by the Commissioner, after a hearing conducted in accordance with Chapter 2 of this title, to be in violation of any provision of this chapter, shall: (1) For each separate violation, pay a penalty in an amount not excee…
O.C.G.A. § 33-49-2 Definitions
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As used in this chapter, the term: (1) ‘‘Actuary’’ means a person who is a member in good standing of the American Academy of Actuaries. (2) ‘‘Controlling person’’ means any person, firm, association, or corporation who directly or indirectly has the power to direct or cause to be…
O.C.G.A. § 33-49-3 Fees, §33-8-1
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Reinsurance intermediaries generally, §§33-49-1 to 33-49-11. Limited purpose subsidiary life insurance companies, §§33-14-100 to 33-14-109. Premium tax, §33-8-4. Property insurance, §33-7-6. Reciprocal insurers, §33-17-4. Riot reinsurance reimbursement fund, §33-33-5. 1298 INDEX …
O.C.G.A. § 33-49-4 Written authorization of relationship required; contents
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Transactions between a broker and the insurer it represents in such capacity shall only be entered into pursuant to a written authorization specifying the responsibilities of each party. The authorization shall, at a minimum, provide that: (1) The insurer may terminate the broker…
O.C.G.A. § 33-49-5 Retention of records
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(a) For at least ten years after expiration of each contract of reinsurance transacted by the broker, the broker will keep a complete record for each transaction showing: (1) The type of contract, limits, underwriting restrictions, classes or risks, and territory; (2) The period …
O.C.G.A. § 33-49-7 Written contract required between manager and reinsurer; contents
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Transactions between a manager and the reinsurer it represents in such capacity shall only be entered into pursuant to a written contract, specifying the responsibilities of each party, which shall be approved by the reinsurer’s board of directors. At least 30 days before such re…
O.C.G.A. § 33-49-8 Restrictions on manager’s operations
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The manager shall not: (1) Cede retrocessions on behalf of the reinsurer, except that the manager may cede facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for such retrocession…
O.C.G.A. § 33-49-9 Restrictions on reinsurer’s operations
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(a) A reinsurer shall not engage the services of any person, firm, association, or corporation to act as a manager on its behalf unless such person is licensed as required by subsection (b) of Code Section 33-49-3. 949 33-49-11 (b) The reinsurer shall annually obtain a copy of sta…
O.C.G.A. § 33-50-10 Rules and regulations promulgated by Commissioner
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The Commissioner may promulgate rules or regulations which are necessary to implement the provisions of this chapter and to ensure the safe and proper operation of multiple employer self-insured health plans in this state. History. — Code 1981, § 33-50-10, enacted by Ga. L. 1991,…
O.C.G.A. § 33-50-11 Power of Commissioner to suspend license
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(a) If the Commissioner is of the opinion that a multiple employer self-insured health plan is in an unsound condition, that it has failed to comply with the law or any applicable rule or regulations or orders issued by the Commissioner, or that it is in a condition which renders…
O.C.G.A. § 33-50-12 Legislative intent
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It is the intent of the General Assembly that a multiple employer self-insured health plan be created and maintained by and for the benefit of participating employers and operated under their exclusive management and control. This chapter is not intended to permit third-party admi…
O.C.G.A. § 33-50-13 Multiple employer self-insured plans to make necessary filings
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All multiple employer self-insured health plans who have member employees in this state shall make all filings necessary to comply with this chapter. History. — Code 1981, § 33-50-13, enacted by Ga. L. 1991, p. 1021, § 1; Ga. L. 2019, p. 533, § 1-13/HB 99. The 2019 amendment, effe…
O.C.G.A. § 33-50-14 Navigators, §§33-23-200 to 33-23-205
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Preferred provider agreements, §§33-30-20 to 33-30-27. Rental provider networks, §§33-20D-1 to 33-20D-6. Health maintenance organizations. General provisions, §§33-21-1 to 33-21-29. Hearings by commissioner, §§33-2-17 to 33-2-23. Adjournment, §33-2-22. Conduct, §33-2-17. Demand f…
O.C.G.A. § 33-50-2 Application for license, §33-50-3
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Health plans subject to examinations, §33-50-8. Payment of fees, §33-50-3. Payment of premium taxes, §33-50-3. 1177 INDEX HEALTH INSURANCE —Cont’d Multiple employer self-insured health plans —Cont’d License required to transact business —Cont’d Power of commissioner to suspend li…
O.C.G.A. § 33-50-5 Municipal health plans, §33-50-2
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Other states offering plan coverage. Commissioner approval, §33-50-14. Plans offering coverage in other state. Commissioner approval, §33-50-14. Public policy, §33-50-12. Replacement insurance. Failure to obtain after cancellation or nonrenewal, §33-50-5. Requirements for holding…
O.C.G.A. § 33-50-6 Requirements for holding of funds collected
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Funds collected from the participating employers under multiple employer self-insured health plans shall be held in trust subject to the following requirements: 956 33-50-6 MULT. EMPLOYER SELF-INSURED HEALTH PLANS 33-50-7 (1) A board of trustees elected by participating employers…
O.C.G.A. § 33-50-7 Required disclosure statements
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Every application for benefits and every benefit plan issued by a multiple employer self-insured health plan shall contain in contrasting color, in not less than ten-point type, the following statements: (1) The plan is a self-insured plan, and benefits are not guaranteed by a licen…
O.C.G.A. § 33-50-8 Health plans subject to examinations
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Every multiple employer self-insured health plan shall be subject to examination in accordance with Chapter 2 of this title. History. — Code 1981, § 33-50-8, enacted by Ga. L. 1991, p. 1021, § 1. 33-50-9. Dissolution of plan.
O.C.G.A. § 33-50-9 Dissolution of plan
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(a) A plan that desires to cease existence shall apply to the Commissioner for authority to dissolve. Applications to dissolve must be on forms prescribed by the Commissioner and must be approved or disapproved by the Commissioner within 60 days of receipt. Dissolution without au…
O.C.G.A. § 33-51-1 Short title
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This chapter shall be known and may be cited as the ‘‘Georgia Affordable HSA Eligible High Deductible Health Plan.’’ History. — Code 1981, § 33-51-1, enacted by Ga. L. 2008, p. 292, § 3/HB 977. 961 33-51-3 33-51-2. Legislative intent.
O.C.G.A. § 33-51-2 Legislative intent
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It is the intent of the General Assembly: (1) To authorize the Commissioner to establish flexible guidelines for health savings account eligible high deductible plan designs which will be affordable to Georgians and to increase the availability of these types of plans by accident …
O.C.G.A. § 33-51-3 Aged persons
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Group accident and sickness insurance. Continuation of coverage for persons 60 years of age or older, §33-24-21.2. Air ambulance services, prepaid.
O.C.G.A. § 33-51-4 Programs not considered unfair trade practice
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Insurers that include and operate wellness and health promotion programs, disease and condition management programs, health risk appraisal programs, and similar provisions in their high deductible health policies in keeping with federal requirements shall not be considered to be …
O.C.G.A. § 33-51-5 Nonpreferred provider reimbursement
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There shall be no required relationship between preferred provider and nonpreferred provider plan reimbursements for health savings account eligible high deductible plans using nonpreferred provider reimbursements. Such plans, however, shall not: (1) Unfairly deny health benefits …
O.C.G.A. § 33-51-6 Incentives for preferred providers
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Notwithstanding the provisions of paragraphs (2) and (3) of Code Section 33-51-5, health benefit plans providing incentives for covered persons to use pharmaceutical or dental services of preferred providers shall provide, and clearly indicate, that the payment or reimbursement fo…
O.C.G.A. § 33-51-7 Health reimbursement arrangement only
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(a) The Commissioner shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in conn…
O.C.G.A. § 33-52-1 Applicability of chapter
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(a) This chapter shall apply to any insurer authorized or doing business in this state which transfers or assumes the obligations or risks on contracts of insurance written or assumed in this state to or from another insurer pursuant to an assumption reinsurance agreement. (b) Th…
O.C.G.A. § 33-52-2 Definitions
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As used in this chapter: (1) ‘‘Assuming insurer’’ means the insurer which acquires an insurance obligation or risk from the transferring insurer pursuant to an assumption reinsurance agreement. (2) ‘‘Assumption reinsurance agreement’’ means any contract which both: (A) Transfers …
O.C.G.A. § 33-52-4 Notice of transfer, §33-52-3
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NOTICE —Cont’d Insurance companies —Cont’d Captive insurance companies. Sponsored captive insurance companies, notice of insolvency of protected cell, §33-41-102. Deposits. Limitation period for filing notices of claims against, §33-12-15. Division of domestic insurers. Public hea…
O.C.G.A. § 33-52-5 Novation of insurance contract
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If a transfer takes place pursuant to Code Section 33-52-4, there shall be a novation of the contract of insurance subject to the assumption reinsurance agreement with the result that the transferring insurer shall thereby be relieved of all insurance obligations or risks transfe…
O.C.G.A. § 33-52-6 Approval or disapproval by Commissioner
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(a) The Commissioner shall approve or disapprove the entire assumption reinsurance transaction. The following items shall be submitted to the Commissioner: (1) A detailed statement explaining the reason or reasons for the transfer; (2) The assumption reinsurance agreement; (3) Th…
O.C.G.A. § 33-53-1 Definitions
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As used in this chapter: (1) ‘‘Drug’’ means a drug or biologic that is used in an antineoplastic regimen. (2) ‘‘Insurance policy’’ means an individual accident and sickness policy of insurance issued pursuant to Chapter 29 of this title or a group accident and sickness insurance …
O.C.G.A. § 33-53-2 Conditions of coverage
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An insurance policy that provides coverage for drugs may not exclude coverage of a covered drug on the grounds that the drug has not been approved by the federal Food and Drug Administration for the particular indication if any of the following conditions are met: (1) The drug is…
O.C.G.A. § 33-53-3 Enforcement
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Reserved. Repealed by Ga. L. 2019, p. 533, § 1-16/HB 99, effective July 1, 2019. Editor’s notes. — This Code section was based on Code 1981, § 33-53-3, enacted by Ga. L. 1993, p. 539, § 1. 33-53-4. Exceptions to requirements for coverage.
O.C.G.A. § 33-53-4 Exceptions to requirements for coverage
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This chapter shall not be deemed to do any of the following: (1) Require coverage for any drug when the federal Food and Drug Administration has determined the drug’s use to be contraindicated; (2) Require coverage for an experimental drug not approved for any indication by the f…
O.C.G.A. § 33-54-2 Definitions
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As used in this chapter, the term: (1) ‘‘Genetic testing’’ means laboratory tests of human DNA or chromosomes for the purpose of identifying the presence or absence of inherited alterations in genetic material or genes which are associated with a disease or illness that is asympt…
O.C.G.A. § 33-54-4 Prosecution, §33-54-5
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Scientific research, §33-54-6. Testing purposes, §33-54-3. Violations of provisions, §33-54-8. Health care corporations. Records, §33-24-59.4. 1119 INDEX CONFIDENTIALITY OF INFORMATION —Cont’d Health insurance. Rental provider networks, §33-20D-3. Health maintenance organizations.…
O.C.G.A. § 33-54-5 Use of information in criminal investigation or prosecution authorized
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Notwithstanding the provisions of Code Sections 33-54-3 and 33-54-4, information derived from genetic testing regarding the identity of any individual who is the subject of a criminal investigation or a criminal prosecution may be disclosed to appropriate legal authorities conduc…
O.C.G.A. § 33-54-7 Applicability of chapters
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This chapter shall not apply to a life insurance policy, disability income policy, accidental death or dismemberment policy, medicare supplement policy, long-term care insurance policy, credit insurance policy, specified disease policy, hospital indemnity policy, blanket accident …
O.C.G.A. § 33-54-8 Violations of chapter
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(a) Any violation of this chapter by an insurer shall be unfair trade practice subject to the provisions of Article 1 of Chapter 6 of this title, and a violation of this chapter by any other person shall be an unfair practice and shall be subject to the provisions of Part 2 of Ar…