10 LC
33 3547-EC
House
Bill 1184
By:
Representatives Ramsey of the
72nd,
Graves of the
12th,
Cole of the
125th,
Pruett of the
144th,
May of the
111th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated,
relating to individual health insurance coverage, so as to authorize insurers to
offer individual accident and sickness insurance policies in Georgia that have
been approved for issuance in other states; to provide for legislative findings;
to provide for minimum standards for such policies; to provide for certain
notices; to provide for examinations of such insurers; to authorize the
Commissioner of Insurance to adopt rules and regulations; to authorize the
Commissioner of Insurance to explore and initiate reciprocity agreements with
other states; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
29A of Title 33 of the Official Code of Georgia Annotated, relating to
individual health insurance coverage, is amended by adding a new article to read
as follows:
"ARTICLE
3
33-29A-30.
The
General Assembly recognizes the high level of uninsured individuals in this
state and the need for individuals or other purchasers of health insurance
coverage in this state to have the opportunity to choose health insurance plans
that are more affordable and flexible than existing market policies offering
accident and sickness insurance coverage. Therefore, the General Assembly seeks
to increase the availability of health insurance coverage by allowing insurers
authorized to engage in the business of insurance in this state who are also
authorized to engage in the business of insurance in selected other states to
issue individual accident and sickness policies in Georgia. In addition, the
General Assembly seeks to initiate cooperation with other states to explore the
possibility of reciprocity agreements so as to provide for a single approval of
individual accident and sickness insurance policies with such states. By
creating multistate reciprocity agreements, the single required approval for the
larger population of the participating states will be attractive to insurers to
develop and rapidly introduce cost-effective products to Georgians.
33-29A-31.
The
Commissioner shall approve for sale in Georgia any individual accident and
sickness insurance policy that has been approved for issuance in other states
where the insurer is authorized to engage in the business of insurance so long
as the insurer is also authorized to engage in the business of insurance in this
state and provided that any such policy meets the requirements set forth in this
article. For purposes of this article, the term 'individual accident and
sickness insurance policy' means any individual comprehensive major medical
policy insuring against loss resulting from sickness or from bodily injury or
death by accident, or both, or any contract to furnish ambulance service in the
future.
33-29A-32.
A
policy approved and issued pursuant to this article shall be treated as if it
were issued by an insurer domiciled in Georgia regardless of such insurer's
actual domiciliary.
33-29A-33.
(a)
Any insurer selling an insurance plan pursuant to this article, and any plan
approved by this article, shall satisfy actuarial standards set forth by the
National Association of Insurance Commissioners (NAIC) and adopted by regulation
promulgated by the Commissioner or as otherwise prescribed by regulation
promulgated by the Commissioner so long as any such regulation is not
inconsistent with such NAIC standards.
(b)
The Commissioner shall have the authority to determine whether an insurer
satisfies the standards required by this Code section and may not approve a plan
that he or she finds lacks compliance with this Code section. The Commissioner
shall have the authority to determine whether the plan sold pursuant to this
article continues to satisfy the requirements set forth in this Code section in
the same manner as he or she does with an individual accident and sickness
insurance policy approved pursuant to another applicable chapter in this
title.
(c)
Any policy sold in this state under the coverage and laws and regulations of
another state that are not covered by a guaranty association as defined in Code
Section 33-37-3 or similar association of such other state shall be deemed
members of the Georgia Life and Health Insurance Guaranty Association as created
pursuant to Code Section 33-38-5.
33-29A-34.
(a)
Each written application for participation in an out-of-state health benefit
plan shall contain the following language in boldface type at the beginning of
the document:
'This
policy is primarily governed by the laws of a state other than Georgia;
therefore, all of the rating laws applicable to policies filed in this state do
not apply to this policy. Any purchase of individual health insurance should be
considered carefully since future medical conditions may make it impossible to
qualify for another individual health policy.'
(b)
Each out-of-state health benefit plan shall contain the following language in
boldface type at the beginning of the document:
'The
benefits of this policy providing your coverage are governed primarily by the
laws of a state other than Georgia. The benefits covered may be different from
other policies you can purchase. Please consult your insurance agent or health
plan to determine which health benefits are covered under this
policy.'
33-29A-35.
(a)
The Commissioner shall adopt rules and regulations necessary to implement this
article.
(b)
Any dispute resolution mechanism or provision for notice and hearing in this
title shall apply to insurers issuing and delivering plans pursuant to this
article.
(c)
The Commissioner is directed to initiate the process of exploring and
coordinating discussions with other states in an effort to enter into
reciprocity agreements with such states providing for the approval, offer, sale,
rating, including medical underwriting, renewal, and issuance of individual
accident and sickness insurance policies with all such participating
states."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.