07 LC
37 0392/AP
House
Bill 648 (AS PASSED HOUSE AND SENATE)
By:
Representatives Knox of the
24th,
Meadows of the
5th,
Maxwell of the
17th,
and Rogers of the
26th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 33-42-4 of the Official Code of Georgia Annotated, relating
to definitions for long-term care insurance, so as to provide for changes to
certain definitions; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 33-42-4 of the Official Code of Georgia Annotated, relating to
definitions for long-term care insurance, is amended by revising paragraphs (5)
and (6) as follows:
"(5)
'Long-term care insurance' means any accident and sickness insurance policy or
rider advertised, marketed, offered, or designed primarily to provide coverage
for not less than
24
12
consecutive benefit months or which provides coverage for recurring confinements
separated by a period not to exceed six months with a minimum aggregate period
of two
years
one
year for each covered person on an expense
incurred, indemnity, prepaid, or other basis, for one or more necessary or
medically necessary diagnostic, preventive, therapeutic, rehabilitative,
maintenance, or personal care services, provided in a setting other than an
acute care unit of a hospital. Such term includes group and individual accident
and sickness policies or riders whether issued by insurers, fraternal benefit
societies, nonprofit hospital service corporations, nonprofit medical service
corporations, health care plans, health maintenance organizations, or any other
similar organizations. Long-term care insurance shall not include any accident
and sickness insurance policy which is offered primarily to provide basic
medicare supplement coverage, basic hospital expense coverage, basic
medical-surgical expense coverage, hospital confinement indemnity coverage,
major medical expense coverage, disability income protection coverage,
catastrophic coverage, comprehensive coverage, accident only coverage, specified
disease or specified accident coverage, or limited benefit health coverage.
Long-term care insurance may be provided through an individual or group life
insurance policy by attachment of a long-term care rider or by the automatic
inclusion of a long-term care provision which, notwithstanding Code Section
33-42-3, must meet the requirements of this chapter and regulations promulgated
by the Commissioner. Any such long-term care riders or policy provisions shall
not be exempt from filing requirements and must be filed with the department for
approval before being used in this state.
(6)
'Policy' means any policy, contract, or subscriber agreement or any rider or
endorsement attached thereto, issued, delivered, issued for delivery, or renewed
in this state by an insurer, fraternal benefit society, nonprofit hospital
service corporation, nonprofit medical service corporation, health care plan,
health maintenance organization, or any other similar organization.
Such term
shall also include a Georgia Qualified Long-term Care Partnership Program
approved policy, as defined in paragraph (4) of Code Section 49-4-161, meeting
the requirements of the Georgia Qualified Long-term Care Partnership Program as
enacted in subsection (a) of Code Section
49-4-162."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.