10 LC 37
0993
Senate
Bill 331
By:
Senators Smith of the 52nd, Rogers of the 21st, Williams of the 19th, Seabaugh
of the 28th, Hill of the 32nd and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 33 of the Official Code of Georgia Annotated, relating to insurance,
so as to authorize small businesses to enter into arrangements for the purpose
of providing group health insurance to their employees; to provide for
definitions; to require insurers to issue such policies; to authorize the
Commissioner of Insurance to adopt certain rules and regulations; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
33 of the Official Code of Georgia Annotated, relating to insurance, is amended
by
adding a new Code Section 33-30-16 to read as follows:
adding a new Code Section 33-30-16 to read as follows:
"33-30-16.
(a)
As used in this Code section, the term:
(1)
'Health benefit plan' means any hospital or medical insurance policy or
certificate, health care plan contract or certificate, qualified higher
deductible health plan, or health maintenance organization subscriber contract.
Health benefit plan does not include policies issued in accordance with Chapter
31 of this title; disability income policies; policies issued in accordance with
Code Section 34-9-14 or 34-9-122.1; limited accident and sickness insurance
policies such as credit, dental, vision, medicare supplement, long-term care,
hospital indemnity, or specified disease insurance; coverage issued as a
supplement to liability insurance; workers' compensation or similar insurance;
or automobile medical payment insurance.
(2)
'Insurer' means any insurer or nonprofit organization authorized to sell
accident and sickness policies, subscriber contracts, certificates, or
agreements of any form under Chapters 15, 18, 19, 20, 21, 29, and 30 of this
title.
(3)
'Small employer' means any person, firm, corporation, partnership, association,
political subdivision, or sole proprietor that is actively engaged in a business
that, at the time of application, on at least 50 percent of its working days
during the preceding calendar quarter, employed no fewer than two and no more
than 50 eligible employees, in which a bona fide employer-employee relation
exists. Nothing in this Code section shall be construed to prohibit a carrier
from including self-employed individuals in its definition of small
employer.
(b)
Small employers shall be authorized to enter into arrangements with other small
employers to provide group health insurance coverage for their employees by
contributing to the cost of such health care insurance.
(c)
Any insurer authorized to transact business is this state offering group
accident and sickness insurance policies or contracts shall be required to
offer, through a licensed agent or agency, a group health benefit plan to small
business arrangements as described in this Code section.
(d)
The Commissioner shall promulgate such rules and regulations as necessary to
implement the provisions of this Code section.
(e)
For purposes of this Code section, the health benefit plan shall be considered
as a true group and not as an
association."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.