Georgia House of Representatives - 1995/1996 Sessions

HB 676 - Health Insurance; preexisting conditions; coverage

Page Numbers - 1/ 2/ 3

Code Sections - 33-30-15

1. Towery  30th           2. Shipp  38th             3. Henson  65th
4. Sauder  29th


House Comm: Ins        /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              2/10/95  Read 1st Time                                                                
              2/13/95  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 676                                          LC 15 4087ER






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 1 of Chapter 30 of Title 33 of the Official
  1- 2  Code of Georgia Annotated, relating to general provisions
  1- 3  with regard to group or blanket accident and sickness
  1- 4  insurance, so as to provide for statutory construction; to
  1- 5  provide requirements for preexisting condition provisions in
  1- 6  group policies of accident and sickness insurance; to
  1- 7  provide for the responsibilities of previous and succeeding
  1- 8  insurers; to provide for applicability; to authorize rules
  1- 9  and regulations; to repeal conflicting laws; and for other
  1-10  purposes.

  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-12  Article 1 of Chapter 30 of Title 33 of the Official Code of
  1-13  Georgia Annotated, relating to general provisions with
  1-14  regard to group or blanket accident and sickness insurance,
  1-15  is amended by adding a new Code section, to be designated
  1-16  Code Section 33-30-15, to read as follows:

  1-17    "33-30-15. (Index)

  1-18    (a) Notwithstanding any other provision of this title
  1-19    which may be construed to the contrary, whenever an
  1-20    insured employee, member, or enrollee moves from one group
  1-21    accident and sickness insurance plan to another such plan,
  1-22    provisions relative to preexisting conditions shall be
  1-23    subject to the provisions of this Code section.

  1-24    (b) All group policies of accident and sickness insurance
  1-25    providing medical expense insurance shall provide that any
  1-26    newly eligible employee, member, enrollee, or dependent
  1-27    who had been covered under any other insurer's group
  1-28    health insurance plan within the previous six months shall
  1-29    be covered immediately without underwriting.  Group
  1-30    policies are not required to give such coverage when the
  1-31    employee, member, enrollee, or dependent's immediate
  1-32    previous coverage was under a plan or group governed by



                                 -1- (Index)

                                                LC 15 4087ER

  2- 1    the federal Employee Retirement Income Security Act of
  2- 2    1974, 29 U.S.C. Section 1001, et seq.

  2- 3    (c) Such policies shall not include a limitation for
  2- 4    preexisting conditions in excess of 12 months following
  2- 5    the effective date of the prior insurer's preexisting
  2- 6    conditions exclusion provision and shall only apply to
  2- 7    those preexisting conditions initially excluded under the
  2- 8    terms of the prior insurer's policy.

  2- 9    (d) The prior insurer shall provide a succeeding insurer
  2-10    with the information necessary to comply with this Code
  2-11    section.

  2-12    (e) The prior insurer shall remain liable only to the
  2-13    extent of its accrued liabilities and extensions of
  2-14    benefits.

  2-15    (f) Insurers must endorse existing master group policies
  2-16    and certificates to include this portability benefit.

  2-17    (g) It shall be the responsibility of the insured
  2-18    employee, member, or enrollee to provide the insurer with
  2-19    the requirements of subsections (b) and (c) of this Code
  2-20    section.  If this information is not available, the
  2-21    insurer may apply a 12 month preexisting exclusion
  2-22    provision.

  2-23    (h) This Code section shall apply to a dependent child who
  2-24    is insured under a group health insurance policy, reaches
  2-25    the limiting age for dependents, and subsequently becomes
  2-26    insured as an employee under any employer's health
  2-27    insurance plan.

  2-28    (i) This Code section shall apply to a surviving or
  2-29    divorced spouse who was insured as a dependent under a
  2-30    group health insurance policy and becomes insured under
  2-31    any employer's health insurance policy.

  2-32    (j) This Code section shall apply to all group policies
  2-33    issued in this state and to residents of this state
  2-34    insured under out-of-state multiple employer trusts or
  2-35    arrangements issued on or after June 1, 1995, and on the
  2-36    first policy anniversary of such existing group policies
  2-37    occurring on or after June 1, 1995.

  2-38    (k) The Commissioner is authorized to promulgate rules and
  2-39    regulations for the interpretation and implementation of
  2-40    this Code section."




                                 -2- (Index)

                                                LC 15 4087ER

                         SECTION 2.

  3- 1  All laws and parts of laws in conflict with this Act are
  3- 2  repealed.













































                                 -3- (Index)