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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

1,492 sections·Filtered byTitle 33✕

O.C.G.A. § 33-60-4 Requirements for insurers and employers; sale by health maintenance organizations permitted; purchase of additional coverage permitted
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(a) Notwithstanding any other provision of law: (1) Any insurer authorized to transact business in this state offering group accident and sickness policies or contracts shall be required to offer, through a licensed agent or agency, a group health beneﬁt plan that contains all st…
O.C.G.A. § 33-60-5 Required notice and acknowledgement
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(a) In each sale of an alternative health beneﬁt plan, the insurer shall provide to each proposed individual group member or individual policyholder a notice and an acknowledgment at the beginning of the application for the alternative health beneﬁt plan containing the following …
O.C.G.A. § 33-60-6 Required notice and acknowledgement
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Authority of the Commissioner with respect to this chapter [Repealed].
O.C.G.A. § 33-61-1 Deﬁnitions
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As used in this chapter, the term: (1) ‘‘Automobile club’’ or ‘‘club’’ means any person, who in consideration of fees, dues, periodic payments, or other speciﬁcally stated charges, promises its members to provide automobile club services. (2) ‘‘Automobile club services’’ shall in…

Showing 1,451–1,492 of 1,492

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O.C.G.A. § 33-61-2 Automobile club performing services

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An automobile club performing services as deﬁned in this chapter shall not be subject to any laws respecting insurance companies of any class, kind, or character in this state or regulation under such laws because of performance of those services. History. — Code 1981, § 33-61-2,…

O.C.G.A. § 33-62-1 Short title

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This chapter shall be known and may be cited as the ‘‘Property and Casualty Actuarial Opinion Law.’’ History. — Code 1981, § 33-62-1, enacted by Ga. L. 2008, p. 1090, § 4/SB 471.

O.C.G.A. § 33-62-2 Submission of annual statement of actuarial opinion of appointed actuary by property and casualty insurance companies licensed to do business in Georgia

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(a) Every property and casualty insurance company doing business in this state, unless otherwise exempted by the domiciliary commissioner, shall annually submit the opinion of an appointed actuary entitled ‘‘Statement of Actuarial Opinion.’’ This opinion shall be ﬁled in accordan…

O.C.G.A. § 33-62-3 Submission of supporting documentation; conﬁdentiality; disclosure

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(a) The statement of actuarial opinion shall be provided with the annual statement in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions and shall be treated as a public document. (b)(1) Documents, m…

O.C.G.A. § 33-63-1 Legislative ﬁndings

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The General Assembly ﬁnds that guaranteed asset protection waivers are not insurance. All guaranteed asset protection waivers issued on or after the date of enactment of this chapter shall not be construed as insurance. History. — Code 1981, § 33-63-1, enacted by Ga. L. 2008, p. …

O.C.G.A. § 33-63-2 Purpose; exemptions from applicability of chapter; guaranteed asset protection waivers exempt from state’s insurance laws

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(a) The purpose of this chapter is to provide a framework within which guaranteed asset protection waivers are deﬁned and may be offered within this state. (b) This chapter shall not apply to: (1) An insurance policy offered by an insurer under the insurance laws of this state; o…

O.C.G.A. § 33-63-3 Deﬁnitions

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The following terms are deﬁned for purposes of this chapter and are not intended to provide actual terms required in guaranteed asset protection waivers: (1) ‘‘Administrator’’ means a person, other than an insurer or creditor, that performs administrative or operational functions…

O.C.G.A. § 33-63-4 Offering, selling, or providing to borrowers guaranteed asset protection waivers

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(a) Guaranteed asset protection waivers may be offered, sold, or provided to borrowers in this state in compliance with this chapter. (b) Guaranteed asset protection waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or perio…

O.C.G.A. § 33-63-5 Contractual liability or other insurance policies

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(a) Contractual liability or other insurance policies insuring guaranteed asset protection waivers must state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the guaranteed asset protection waivers issued…

O.C.G.A. § 33-63-6 Required disclosures

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Guaranteed asset protection waivers must disclose, as applicable, in writing and in clear, understandable language that is easy to read, the following: (1) The name and address of the initial creditor and the borrower at the time of sale and the identity of any administrator if d…

O.C.G.A. § 33-63-7 Cancellation

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(a) Guaranteed asset protection waiver agreements may be cancelable or noncancelable after the free look period. Guaranteed asset protection waivers must provide that if a borrower cancels a waiver within the free look period, the borrower will be entitled to a full refund of the…

O.C.G.A. § 33-63-8 Exempted commercial transactions

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Subsection (c) of Code Section 33-63-4 and Code Sections 33-63-6 and 33-63-9 shall not be applicable to a guaranteed asset protection waiver offered in connection with a lease or retail installment sale associated with a commercial transaction. History. — Code 1981, § 33-63-8, en…

O.C.G.A. § 33-63-9 Commissioner to enforce provisions; penalty for violations

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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, adm…

O.C.G.A. § 33-64-1 Deﬁnitions

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As used in this chapter, the term: (1) ‘‘Affiliate pharmacy’’ means a pharmacy which, either directly or indirectly through one or more intermediaries: (A) Has an investment or ownership interest in a pharmacy beneﬁts manager licensed under this chapter; (B) Shares common ownersh…

O.C.G.A. § 33-64-10 Administration of claims by pharmacy beneﬁts manager

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(a) A pharmacy beneﬁts manager shall administer claims in compliance with Code Section 33-30-4.3 and shall not require insureds to use a mail-order pharmaceutical distributor including a mail-order pharmacy. (b) A pharmacy beneﬁts manager shall offer a health plan the ability to …

O.C.G.A. § 33-64-11 Prohibited activities of pharmacy beneﬁts manager

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(a) A pharmacy beneﬁts manager shall be proscribed from: (1) Prohibiting a pharmacist, pharmacy, or other dispenser or dispenser practice from providing an insured individual information on the amount of the insured’s cost share for such insured’s prescription drug and the clinic…

O.C.G.A. § 33-64-12 Legislative ﬁndings; surcharges and reporting on steering or imposing point-of-sale fees or retroactive fees

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(a) The General Assembly ﬁnds that: (1) The practice of steering by a pharmacy beneﬁts manager represents a conﬂict of interest; (2) The practice of imposing point-of-sale fees or retroactive fees obscures the true cost of prescription drugs in this state; (3) These practices hav…

O.C.G.A. § 33-64-13 Federal law governs

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To the extent that any provision of this chapter is inconsistent or conﬂicts with applicable federal law, rule, or regulation, such applicable federal law, rule, or regulation shall apply. History. — Code 1981, § 33-64-13, enacted by Ga. L. 2020, p. 768, § 8/HB 946; Ga. L. 2020, …

O.C.G.A. § 33-64-2 License requirements and ﬁling fees

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(a) No person, business entity, or other entity shall act as or hold itself out to be a pharmacy beneﬁts manager in this state, other than an applicant licensed in this state for the kinds of business for which it is acting as a pharmacy beneﬁts manager, unless such person, busin…

O.C.G.A. § 33-64-3 Requirements and procedures affecting pharmacy beneﬁts managers; surety bond

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(a) Every applicant for a pharmacy beneﬁts manager’s license shall ﬁle with the application and shall thereafter maintain in force a bond in the amount of $100,000.00 in favor of the Commissioner executed by a corporate surety insurer authorized to transact insurance in this stat…

O.C.G.A. § 33-64-4 Pharmacy beneﬁts manager shall not engage in the practice of medicine; recommended use of licensed physician

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(a) No pharmacy beneﬁts manager shall engage in the practice of medicine, except as otherwise provided in subsection (b) of this Code section. (b) Any physician employed by or contracted with a pharmacy beneﬁts manager advising on or making determinations speciﬁc to a Georgia ins…

O.C.G.A. § 33-64-5 Audit requirements applicable to pharmacy beneﬁts managers

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Pharmacy beneﬁts managers, whether licensed pursuant to this chapter or exempt from licensure pursuant to subsection (l) of Code Section 33-64-2, shall be subject to Code Section 26-4-118, ‘‘The Pharmacy Audit Bill of Rights,’’ to the same extent and in the same manner as pharmac…

O.C.G.A. § 33-64-6 Pharmacy beneﬁts manager shall not have to be licensed as an administrator

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A pharmacy beneﬁts manager licensed pursuant to this chapter shall not be required to obtain a license as an administrator pursuant to Article 2 of Chapter 23 of this title to perform any function as a pharmacy beneﬁts manager pursuant to this chapter. History. — Code 1981, § 33-…

O.C.G.A. § 33-64-7 Commissioner’s authority over rules and regulations

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(a) The Commissioner shall enforce the provisions of this chapter and may promulgate rules and regulations to implement the provisions of this chapter to ensure the safe and proper operations of pharmacy beneﬁts managers in this state. (b) In addition to all other authority grant…

O.C.G.A. § 33-64-8 Electronic prior authorization drug requests with health care providers

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(a) As used in this Code section, ‘‘electronic prior authorization’’ or ‘‘e-prior authorization’’ means a requirement that a prescriber obtain approval via electronic media from a health plan to prescribe a speciﬁc medication prior to dispensing. Facsimiles shall not be considere…

O.C.G.A. § 33-64-9 Requirements for use of maximum allowable cost pricing by pharmacy beneﬁts managers; appeals; enforcement authority

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(a) Upon each contract execution or renewal between a pharmacy beneﬁts manager and a pharmacy or between a pharmacy beneﬁts manager and a pharmacy’s contracting representative or agent, such as a pharmacy services administrative organization, a pharmacy beneﬁts manager shall, wit…

O.C.G.A. § 33-64-9.1 Reimbursement methodologies utilized by pharmacy beneﬁts managers

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(a)(1) Any methodologies utilized by a pharmacy beneﬁts manager in connection with reimbursement pursuant to Code Section 33-64-9 shall be ﬁled with the Commissioner for use in determining maximum allowable cost appeals; provided, however, that methodologies not otherwise subject…

O.C.G.A. § 33-65-1 Short title

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This chapter shall be known and may be cited as the ‘‘Corporate Governance Annual Disclosure Act.’’ History. — Code 1981, § 33-65-1, enacted by Ga. L. 2019, p. 1038, § 1/HB 367.

O.C.G.A. § 33-65-10 Application

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The requirements of this chapter shall apply to all insurers domiciled in this state. History. — Code 1981, § 33-65-10, enacted by Ga. L. 2019, p. 1038, § 1/HB 367.

O.C.G.A. § 33-65-11 Cross references

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— Speciﬁc limitations on corporations, Ga. Const. 1983, Art. III, Sec. VI, Para. V and T. 14, C. 4. Insurance regulation generally, Ga. Const. 1983, Art. III, Sec. VIII. Requirement that banks obtain and maintain deposit insurance, § 7-1-244. Credit Union Deposit Insurance Corpor…

O.C.G.A. § 33-65-2 Deﬁnitions

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As used in this chapter, the term: (1) ‘‘Corporate governance annual disclosure’’ means a conﬁdential report ﬁled by the insurer or insurance group made in accordance with the requirements of this chapter. (2) ‘‘Insurance group’’ means those insurers and affiliates included withi…

O.C.G.A. § 33-65-3 Corporate governance annual disclosures; requirements; cross-referencing data

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(a) An insurer, or the insurance group of which the insurer is a member, shall, no later than June 1 of each calendar year, submit to the Commissioner a corporate governance annual disclosure that contains the information described in subsection (b) of Code Section 33-65-5. Notwi…

O.C.G.A. § 33-65-4 Issuance of rules, regulations, and orders

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The Commissioner may, upon notice and opportunity for all interested persons to be heard, issue such rules, regulations, and orders as shall be necessary to carry out the provisions of this chapter. History. — Code 1981, § 33-65-4, enacted by Ga. L. 2019, p. 1038, § 1/HB 367.

O.C.G.A. § 33-65-5 Required information in corporate governance annual disclosures; additional information

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(a) The insurer or insurance group shall have discretion over the responses to the corporate governance annual disclosure inquiries, provided that the corporate governance annual disclosure shall contain the material information necessary to permit the Commissioner to gain an und…

O.C.G.A. § 33-65-6 Proprietary and conﬁdential nature of disclosures; limitation on testimony

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(a) Documents, materials, or other information including the corporate governance annual disclosure, in the possession or control of the department that are obtained by, created by, or disclosed to the Commissioner or any other person under this chapter, are recognized by this st…

O.C.G.A. § 33-65-7 Use of third-party consultants by Commissioner; advisory capacity; conﬁdentiality standards; free of conﬂict of interests

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(a) The Commissioner may retain, at the insurer’s expense, third-party consultants, including attorneys, actuaries, accountants, and other experts not otherwise a part of the Commissioner’s staff as may be reasonably necessary to assist the Commissioner in reviewing the corporate…

O.C.G.A. § 33-65-8 Failure to ﬁle corporate governance annual disclosures; penalty

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Any insurer failing, without just cause, to timely ﬁle the corporate governance annual disclosure as required in this chapter shall be required, after notice and hearing, to pay a penalty of $100.00 for each day’s delay, to be recovered by the Commissioner, and the penalty so rec…

O.C.G.A. § 33-65-9 Severability

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If any provision of this chapter other than Code Section 33-65-6, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision …