Georgia Senate - 1995/1996 Sessions

SB 23 - Health, Disability Insur- ance - preexisting conditions

Page Numbers - 1/ 2

Code Sections - 33-24-26.1

1. Isakson  21st          2. Walker  22nd


Senate Comm: I&L        /         House Comm: Ins        /                      
Senate Vote: Yeas 53    Nays 0                                                  
           ---------------------------------------------                        
              Senate          Action          House                             
           ---------------------------------------------                        
             1/10/95   Read 1st time          1/27/95                           
             1/24/95   Favorably Reported     2/3/95                            
             1/25/95   Read 2nd Time          1/30/95                           
             1/26/95   Read 3rd Time          2/27/95                           
             1/26/95   Passed/Adopted         2/27/95                           
             3/22/95   Sent To Governor                                         
             4/20/95   Signed by Governor                                       
             448       Act/Veto Number                                          
             7/1/95    Effective Date                                           
           ---------------------------------------------                        
                                                                                
Code Sections amended: 33-24-26, 33-24-26.1                                     


SB 23 95                                          LC 14 6342

      SENATE BILL 23

      By:  Senators Isakson of the 21st and Walker of the 22nd


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 24 of Title 33 of the Official Code of
  1- 2  Georgia Annotated, relating to insurance generally, so as to
  1- 3  allow the use of preexisting condition exclusions or
  1- 4  limitations in group policies or contracts of disability
  1- 5  income insurance; to provide for the definition of the term
  1- 6  preexisting condition in group policies or contracts of
  1- 7  disability income insurance; to provide for notices
  1- 8  concerning preexisting conditions limitations or exclusions
  1- 9  in group policies or contracts of disability income
  1-10  insurance; to provide restrictions on the application of
  1-11  preexisting condition limitations or exclusions to certain
  1-12  disabilities; to provide for applicability; to repeal
  1-13  conflicting laws; and for other purposes.

  1-14       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-15  Chapter 24 of Title 33 of the Official Code of Georgia
  1-16  Annotated, relating to insurance generally, is amended by
  1-17  striking subsection (a) of Code Section 33-24-26, relating
  1-18  to provisions limiting or restricting payment of benefits
  1-19  for preexisting illnesses or conditions, and inserting in
  1-20  lieu thereof a new subsection (a) to read as follows:

  1-21    "(a) No group accident and sickness insurance policy,
  1-22    other than policies of disability income insurance and
  1-23    credit accident and sickness insurance and other than
  1-24    policies of qualified self-insurers, shall be issued in
  1-25    this state, which policy limits or restricts payment of
  1-26    benefits for any preexisting illness or condition not
  1-27    otherwise excluded from the group policy for a period in
  1-28    excess of 12 months following the date of the issuance of
  1-29    the certificate covering the insured person."

                         SECTION 2.

  1-30  Said chapter is further amended by adding immediately
  1-31  following Code Section 33-24-26, relating to provisions
  1-32  limiting or restricting payment of benefits for preexisting

                              S. B. 23
                                 -1- (Index)

                                                  LC 14 6342

  2- 1  illnesses or conditions, a new Code Section 33-24-26.1 to
  2- 2  read as follows:

  2- 3    "33-24-26.1. (Index)

  2- 4    (a) A group policy or contract of disability income
  2- 5    insurance shall not contain a definition of the term
  2- 6    'preexisting condition' which is more restrictive than the
  2- 7    following:  Preexisting condition means the existence of
  2- 8    symptoms which would cause an ordinarily prudent person to
  2- 9    seek diagnosis, care, or treatment, or a condition for
  2-10    which medical advice or treatment was recommended by or
  2-11    received from a provider of health care services, within
  2-12    12 months preceding the effective date of coverage of the
  2-13    insured.

  2-14    (b) Any group policy or contract of disability income
  2-15    insurance which limits, restricts, or excludes payment of
  2-16    benefits for preexisting conditions shall contain a notice
  2-17    as provided in this subsection.  The notice shall be
  2-18    entitled 'Preexisting Conditions Limitations or
  2-19    Exclusions,' shall appear as a separate paragraph of the
  2-20    policy or contract, shall appear in boldface type, and
  2-21    shall provide an appropriate definition or description of
  2-22    the term 'preexisting condition' for the purposes of the
  2-23    policy.

  2-24    (c) No policy or certificate of group disability income
  2-25    insurance shall be issued or delivered in this state which
  2-26    limits or excludes payment of benefits for a disability
  2-27    resulting from a preexisting condition if that disability
  2-28    occurs more than 24 months following the effective date of
  2-29    an insured's coverage under such policy.

  2-30    (d) This Code section shall apply to group policies or
  2-31    contracts of disability income insurance issued,
  2-32    delivered, issued for delivery, or renewed in this state
  2-33    on or after July 1, 1995."

                         SECTION 3.

  2-34  All laws and parts of laws in conflict with this Act are
  2-35  repealed.








                              S. B. 23
                                 -2- (Index)