HB733: HB733 Georgia Insurance Consumer and Policyholder Advocacy Act; enact

26 LC 59 0385S The House Committee on Budget and Fiscal Affairs Oversight of fers the following substitute to HB 733: A BILL TO BE ENTITLED AN ACT To amend Chapters 1, 2, and 9 of Title 33 of the Official Code of Georgia Annotated,1 relating to general provisions, department and Commissioner, an d regulation of rates,2 underwriting rules, and related organizations relative to insur ance, respectively, so as to3 provide for the position of an insurance consumer advocate to i ncrease transparency and4 accountability in the insurance industry and at the office of the Commissioner of Insurance;5 to provide for definitions; to provide for the appointment and compensation of the advocate;6 to provide for additional personnel; to provide for the duties of the advocate; to provide for7 the advocate to represent insurance consumers and policyholders at certain proceedings; to8 provide for annual reports; to provide for rules and regulations; to authorize the advocate to9 demand, appear, and participate in hearings; to provide for administrative relief through the10 Office of State Administrative Hearings; to prohibit rates from being unjustifiably increased;11 to revise standards for the making and use of rates of insurance; to eliminate the file-and-use12 system for private passenger automobile insurance; to revise the time the department has to13 review rate filings; to require insurers to submit additional documentation when a proposed14 rate filing will increase rates; to provide for additional review and procedures for a rate filing15 that increases a rate by more than 10 percent within any 12 month period; to provide for open16 records; to provide for the approval of rate increases under certain conditions; to provide for17 the publication of such rate increases; to authorize the advoca te to review and investigate18 H. B. 733 (SUB) - 1 - 26 LC 59 0385S complaints; to provide for the advocate to request a hearing; to provide for related matters;19 to provide for a short title; to provide for legislative purpose; to provide for an effective date20 and applicability; to repeal conflicting laws; and for other purposes.21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:22 SECTION 1.23 This Act shall be known and may be cited as the "Insurance Consumer Protection Act."24 SECTION 2.25 The purpose of this Act is to protect insurance consumers and p olicyholders by ensuring26 fairness and transparency in insurance practices, addressing un justified rate increases,27 enhancing industry oversight, and providing education and advoc acy for insurance28 consumers and policyholders.29 SECTION 3.30 Chapter 1 of Title 33 of the Official Code of Georgia Annotated , relating to general31 provisions relative to insurance, is amended in Code Section 33-1-2, relating to definitions,32 by adding new paragraphs to read as follows:33 "(4.1) 'Insurance consumer' means any individual or person in this state that entered into34 a contract for a product or service from an insurer or licensee under the jurisdiction of the35 Commissioner.36 (4.2) 'Insurance consumer advocate' or 'advocate' means an individual employed in the37 department to represent the interests of insurance consumers an d policyholders in38 insurance matters. Such individual shall be a practicing attorney qualified by knowledge39 and experience to advocate for insurance consumers and policyholders in administrative40 H. B. 733 (SUB) - 2 - 26 LC 59 0385S and judicial proceedings; provided, however, that the advocate shall not engage in the41 private practice of law while employed as the advocate."42 "(7.1) 'Policyholder' means a person in this state who is or wa s an owner, insured,43 covered person, beneficiary, or person designated as responsible for payment under an44 insurance policy, certificate of insurance, or annuity contract provided by an insurer."45 SECTION 4.46 Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to department and47 Commissioner relative to insurance, is amended by revising Code Section 33-2-4, which is48 reserved, as follows:49 "33-2-4.50 (a) There is established the position of insurance consumer ad vocate, who shall be51 assigned to the department but shall act as an independent advo cate for insurance52 consumers and policyholders. The advocate shall be appointed a nd removed by the53 Governor and shall receive compensation in an amount to be determined by the Governor. 54 Such compensation may include authorization for full-time, part -time, or temporary55 personnel to support the advocate in the performance of his or her duties. The56 Commissioner shall provide the advocate and any additional pers onnel the office space,57 equipment, supplies, and materials necessary to perform the duties of the advocate.58 (b) The advocate shall:59 (1) Review insurer practices related to policy cancellations and nonrenewals for fairness60 to insurance consumers and policyholders and investigate any po licy cancellations or61 nonrenewals at the request of an insurance consumer or policyholder;62 (2) Participate in rate approval processes and advocate on behalf of insurance consumers63 and policyholders in such processes and any subsequent hearings;64 (3) Implement state-wide campaigns, conduct stakeholder meetings, publish materials,65 and provide online tools to educate insurance consumers and policyholders on the risks66 H. B. 733 (SUB) - 3 - 26 LC 59 0385S and benefits of different types of insurance, including but not limited to health, life,67 automobile, property, and flood, to ensure insurance consumers and policyholders can68 make informed decisions; and69 (4) Perform such other functions necessary to advocate for ins urance consumers and70 policyholders.71 (c) The advocate shall be entitled to appear, as a party or otherwise, on behalf of insurance72 consumers and policyholders in any proceedings before the Commi ssioner, in73 administrative proceedings related to violations of provisions in this title, and in judicial74 proceedings appealing an act by the Commissioner.75 (d) Beginning January 31, 2027, and annually thereafter, the a dvocate shall publish a76 written report of the prior year's activities on the department's website, including but not77 limited to the number of complaints reviewed, the number of hearings participated in, and78 any savings for insurance consumers and policyholders. Such re port shall also be79 submitted to the Governor, the President of the Senate, the Spe aker of the House of80 Representatives, and the chairpersons of the House Committee on Insurance and the Senate81 Insurance and Labor Committee. Such report shall be promptly updated when requested82 by any of the listed recipients.83 (e) The Commissioner or the advocate or their designees shall advise the chairpersons of84 the House Committee on Insurance and the Senate Insurance and L abor Committee on85 insurance matters when requested.86 (f) The Commissioner shall promulgate any rules and regulations necessary to implement87 the provisions of this Code section. Reserved."88 SECTION 5.89 Said chapter is further amended by revising Code Section 33-2-1 7, relating to conduct of90 hearings by Commissioner generally and demands for hearing, as follows:91 H. B. 733 (SUB) - 4 - 26 LC 59 0385S "33-2-17.92 (a) The Commissioner may hold hearings for any purpose within the scope of this title as93 he or she may deem necessary.94 (b) He or she shall hold a hearing:95 (1) If required by any provision of this title; or96 (2) Upon written demand for a hearing made by any person aggri eved by any act,97 threatened act, or failure of the Commissioner to act if such f ailure is deemed an act98 under any provision of this title or by any report, promulgatio n, or order of the99 Commissioner, other than an order on a hearing of which such person was given actual100 notice or at which such person appeared as a party or order pursuant to the order on such101 hearing; or102 (3) Upon demand for a hearing made by the insurance consumer advocate.103 (c) Any demand for a hearing pursuant to paragraph (2) of subs ection (b) of this Code104 section shall specify in what respects such person is aggrieved and the grounds to be relied105 upon as a basis for the relief to be demanded at the hearing; a nd, unless postponed by106 mutual consent, the hearing shall be held within 30 days after receipt by the Commissioner107 of the demand for a hearing. Such hearing shall be held only i f the Commissioner shall108 find that the demand for a hearing is made in good faith, that the applicant would be109 aggrieved, and that such grounds otherwise justify holding such hearing.110 (d) Pending the hearing and decision on holding the hearing, t he Commissioner may111 suspend or postpone the effective date of his or her previous action."112 SECTION 6.113 Said chapter is further amended in Code Section 33-2-21, relati ng to presiding officer at114 hearing, rights of parties, intervention, pleading and evidence , record of proceedings, and115 rehearing or reargument, by adding a new subsection to read as follows:116 H. B. 733 (SUB) - 5 - 26 LC 59 0385S "(a.1) The insurance consumer advocate shall be entitled to appear, as a party or otherwise,117 on behalf of insurance consumers and policyholders in all proceedings presided over by the118 Commissioner or his or her designated representative. The advo cate is authorized to be119 present during the giving of all evidence, to have a reasonable opportunity to inspect all120 documentary evidence and to examine witnesses, to present evide nce in support of the121 interests of insurance consumers and policyholders, and to have subpoenas issued by the122 Commissioner to compel the attendance of witnesses and production of evidence."123 SECTION 7.124 Said chapter is further amended by revising Code Section 33-2-2 6, relating to persons125 entitled to appeal and procedure generally, as follows:126 "33-2-26.127 (a) An appeal from the Commissioner shall be taken only from an order on hearing or with128 respect to a matter as to which the Commissioner has refused or failed to grant or hold a129 hearing after demand therefor under Code Section 33-2-17 or as to a matter as to which the130 Commissioner has refused or failed to make his order on hearing as required by Code131 Section 33-2-23.132 (b) Any person who was a party to the hearing or whose pecuniary interests are directly133 and immediately affected by the refusal or failure to grant a hearing and who is aggrieved134 by the order, refusal, or failure may appeal from the order on hearing or as to any such135 matter within 30 days after:136 (1) The order on hearing has been mailed or delivered to the persons entitled to receive137 the same;138 (2) The Commissioner's order denying rehearing or reargument has been so mailed or139 delivered;140 (3) The Commissioner has refused or failed to make his order o n hearing as required141 under Code Section 33-2-23; or142 H. B. 733 (SUB) - 6 - 26 LC 59 0385S (4) The Commissioner has refused or failed to grant or hold a hearing as required under143 Code Section 33-2-17.144 (c) The insurance consumer advocate may seek administrative re lief from the145 Commissioner's order or refusal or failure as provided in subsection (a) of this Code section146 through the Office of State Administrative Hearings."147 SECTION 8.148 Chapter 9 of Title 33 of the Official Code of Georgia Annotated , relating to regulation of149 rates, underwriting rules, and related organizations, is amende d in Code Section 33-9-1,150 relating to purpose and construction of chapter, by revising subsection (a) as follows:151 "(a) The purpose of this chapter is to promote the public welfare by regulating insurance152 rates as provided in this chapter to the end that they shall not be excessive, inadequate, or153 unfairly discriminatory to insurance consumers or policyholders, shall not be unjustifiably154 increased, and shall be subject to an open and transparent review process; to authorize the155 existence and operation of qualified rating organizations and advisory organizations and156 require that specified rating services of such rating organizations be generally available to157 all admitted insurers; and to authorize cooperation between ins urers in rate making and158 other related matters."159 SECTION 9.160 Said chapter is further amended by revising Code Section 33-9-4 , relating to standards161 applicable to making and use of rates, as follows:162 "33-9-4.163 The following standards shall apply to the making and use of rates pertaining to all classes164 of insurance to which this chapter is applicable:165 (1) Rates shall not be excessive, or inadequate, as defined in this Code section, nor shall166 they be or unfairly discriminatory to insurance consumers or policyholders;167 H. B. 733 (SUB) - 7 - 26 LC 59 0385S (2) No rate shall be held to be excessive unless such rate is unreasonably high for the168 insurance provided and a reasonable degree of competition does not exist in the area with169 respect to the classification to which such rate is applicable; provided, however, with170 respect to rate filings involving an increase in rates, no rate for personal private passenger171 motor vehicle insurance shall be held to be excessive unless su ch rate is unreasonably172 high for the insurance provided and a reasonable degree of competition does not exist;173 (3) No rate shall be held inadequate unless it is unreasonably low for the insurance174 provided and continued use of it would endanger solvency of the insurer, or unless the175 use of such rate by the insurer using such rate has, or will, if continued, tend to destroy176 competition or create a monopoly;177 (4) No rate shall be unjustifiably increased, and any rate filing that results in an overall178 rate increase of 10 percent or more within a 12 month period sh all be subject to an179 examination and an open and transparent review process as set f orth in this chapter;180 provided, however, that the Commissioner is authorized to adjus t such increases for181 inflation as necessary;182 (4)(5) Consideration shall be given to the extent applicable to past and prospective loss183 experience within and outside this state, to conflagration and catastrophe hazards, to a184 reasonable margin for underwriting profit and contingencies, to past and prospective185 expenses both country wide and those specially applicable to th is state, to the insurer's186 average yield from investment income, and to all other factors, including judgment187 factors, deemed relevant within and outside this state; and, in the case of fire insurance188 rates, consideration may be given to the experience of the fire insurance business during189 the most recent five-year period;190 (5)(6) Consideration may also be given, in the making and use of rat es, to dividends,191 savings, or unabsorbed premium deposits allowed or returned by insurers to their192 policyholders, members, or subscribers;193 H. B. 733 (SUB) - 8 - 26 LC 59 0385S (6)(7) The systems of expense provisions included in the rates for use by any insurer or194 group of insurers may differ from those of other insurers or groups of insurers to reflect195 the operating methods of any such insurer or group with respect to any kind of insurance196 or with respect to any subdivision or combination thereof;197 (7)(8) Risks may be grouped by classifications for the establishment of rates and198 minimum premiums. Classification rates may be modified to produce rates for individual199 risks in accordance with rating plans which establish standards for measuring variations200 in hazards or expense provisions, or both. Such standards may measure any difference201 among risks that have a probable effect upon losses or expenses . Classifications or202 modifications of classifications of risks may be established ba sed upon size, expense,203 management, individual experience, location or dispersion of ha zard, or any other204 reasonable considerations. Such classifications and modifications shall apply to all risks205 under the same or substantially the same circumstances or conditions; provided, however,206 the Commissioner shall establish the maximum amount of any such modification;207 (8)(9) Nothing contained in this Code section or elsewhere in this c hapter shall be208 construed to repeal or modify Chapter 6 of this title, relating to unfair trade practices, and209 any rate, rating classification, rating plan or schedule, or variation thereof established in210 violation of Chapter 6 of this title shall, in addition to the consequences stated in211 Chapter 6 of this title or elsewhere, be deemed violative of to violate this Code section;212 (9)(10) No insurer shall base any standard or rating plan on vehicle insurance, in whole213 or in part, directly or indirectly, upon race, creed, or ethnic extraction; and214 (10)(11) No insurer shall base any standard or rating plan on vehicle insurance, in whole215 or in part, directly or indirectly, upon any physical disabilit y of an insured unless the216 disability directly impairs the ability of the insured to drive a motor vehicle."217 H. B. 733 (SUB) - 9 - 26 LC 59 0385S SECTION 10.218 Said chapter is further amended by revising Code Section 33-9-21, relating to maintenance219 and filing rates, rating plans, rating systems, or underwriting rules and examination of claim220 reserve practices by the Commissioner, as follows:221 "33-9-21.222 (a) Every insurer shall maintain with the Commissioner copies of the rates, rating plans,223 rating systems, underwriting rules, and policy or bond forms used by it. The maintenance224 of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the225 Commissioner by a licensed rating organization of which an insu rer is a member or226 subscriber will be sufficient compliance with this Code section for any insurer maintaining227 membership or subscriberships in such organization, to the extent that the insurer uses the228 rates, rating plans, rating systems, underwriting rules, and po licy or bond forms of such229 organization; provided, however, that the Commissioner, when he or she deems it230 necessary, without compliance with the rule-making procedures of this title or Chapter 13231 of Title 50, the 'Georgia Administrative Procedure Act':232 (1) May require any domestic, foreign, and alien insurer to file the required rates, rating233 plans, rating systems, underwriting rules, and policy or bond forms used independent of234 any filing made on its behalf or as a member of a licensed rati ng organization, as the235 Commissioner shall deem to be necessary to ensure compliance with the standards of this236 chapter and Code Section 34-9-130 and for the best interests of the citizens of this state;237 (2) Shall require each domestic, foreign, and alien insurer, writing or authorized to write238 workers' compensation insurance in this state, to file such insurer's own individual rate239 filing for rates to be charged for workers' compensation insurance coverage written in this240 state. Such rates shall be developed and established after con sultation with the State241 Board of Workers' Compensation based upon each individual insurer's experience in the242 State of Georgia to the extent actuarially credible. The experience filed shall include the243 loss ratios, reserves, reserve development information, expenses, including commissions244 H. B. 733 (SUB) - 10 - 26 LC 59 0385S paid and dividends paid, investment income, pure premium data a djusted for loss245 development and loss trending, profits, and all other data and information used by that246 insurer in formulating its workers' compensation rates which are used in this state and any247 other information or data required by the Commissioner. In establishing and maintaining248 loss reserves, no workers' compensation insurer shall be allowed to maintain any excess249 loss reserve for any claim or potential claim for more than 90 days after the amount of250 liability for such claim or potential claim has been establishe d, whether by final251 judgment, by settlement agreement, or otherwise. This limitation on the maintenance of252 loss reserves shall be enforced through this Code section, as w ell as through Code253 Section 33-9-23, relating to examination of admitted insurers, and any other appropriate254 enforcement procedures. The Commissioner is authorized to acce pt such rate255 classifications as are reasonable and necessary for compliance with this chapter. A rate256 filing required by this paragraph shall be updated by the insurer at least once every two257 years; and258 (3) As used in paragraph (2) of this subsection, the term 'excess loss reserve' means any259 reserve amount in excess of the reserve required by law.260 (b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state261 must shall file with the Commissioner any rate, rating plan, rating system, or underwriting262 rule for all personal private passenger motor vehicle insurance:263 (1) For private passenger motor vehicle insurance providing on ly the mandatory264 minimum limits required by Code Section 33-34-4 and subsection (a) of Code265 Section 40-9-37, and no such rate, rating plan, rating system, or underwriting rule shall266 become effective, nor may any premium be collected by any insurer thereunder, unless267 the filing has been received by the Commissioner in his or her office and such filing has268 been approved by the Commissioner or a period of 45 60 days has elapsed from the date269 such filing was received by the Commissioner during which time such filing has not been270 disapproved by the Commissioner. The Commissioner shall be authorized to extend such271 H. B. 733 (SUB) - 11 - 26 LC 59 0385S 45 60 day period by no more than 55 40 days at his or her discretion. If a filing is272 disapproved, notice of such disapproval order shall be given within 100 days of receipt273 of filing by the Commissioner, specifying in what respects such filing fails to meet the274 requirements of this chapter. The filer shall be given a hearing upon written request made275 within 30 days after the issuance of the disapproval order, and such hearing shall276 commence within 30 days after such request unless postponed by mutual consent. Such277 hearing, once commenced, may be postponed or recessed by the Commissioner only for278 weekends, holidays, or after normal working hours or at any time by mutual consent of279 all parties to the hearing. The Commissioner may also, at his or her discretion, recess any280 hearing for not more than two recess periods of up to 15 consec utive days each. In281 connection with any hearing or judicial review with respect to the approval or disapproval282 of such rates, the burden of persuasion shall fall upon the affected insurer or insurers to283 establish that the challenged rates are adequate, not excessive , and not unfairly284 discriminatory, and not unjustifiably increased. After such a hearing, the Commissioner285 must shall affirm, modify, or reverse his or her previous action within t he time period286 provided in subsection (a) of Code Section 33-2-23 relative to orders of the287 Commissioner. The requirement of approval or disapproval of a rate filing by the288 Commissioner under this subsection shall not prohibit actions b y the Commissioner289 regarding compliance of such rate filing with the requirements of Code Section 33-9-4290 brought after such approval or disapproval.291 (2) For personal private passenger motor vehicle insurance other than that described in292 paragraph (1) of this subsection, such rate, rating plan, rating system, or underwriting rule293 for all such personal private passenger motor vehicle insurance shall be effective 60 days294 after such filing and shall be implemented without approval of the Commissioner, unless295 an earlier effective date is authorized by the Commissioner or a later effective date is296 specified by the insurer. This paragraph shall apply to the en tire personal private297 passenger motor vehicle insurance policy with limits above the mandatory minimum298 H. B. 733 (SUB) - 12 - 26 LC 59 0385S required by Code Section 33-34-4 and subsection (a) of Code Section 40-9-37 and shall299 apply to the entire personal private passenger motor vehicle policy with minimum limits300 if such policy has any additional nonmandatory coverage or coverages.301 (3) Notwithstanding the provisions of paragraphs (1) and (2) o f this subsection, an302 insurer may, but shall not be required to, file its rate, ratin g plan, rating system, or303 underwriting rule for all such personal private passenger motor vehicle insurance304 provided for in paragraphs (1) and (2) of this subsection under the filing process of305 paragraph (1) of this subsection.306 (c) When a rate filing of an insurer required under paragraph (1) of subsection (b) of this307 Code section is not accompanied by the information upon which the insurer supports the308 filing and the Commissioner does not have sufficient information to determine whether the309 filing meets the requirements of this chapter, then the Commiss ioner shall request in310 writing, within 20 days of the date he or she receives the fili ng, the specifics of such311 additional information as he or she requires, and the insurer s hall be required to furnish312 such information, and in such event the 45 60 day period provided for in paragraph (1) of313 subsection (b) of this Code section shall commence as of the da te such information is314 furnished.315 (d) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state316 must file with the Commissioner any rate, rating plan, rating system, or underwriting rule317 at least 45 days prior to any indicated effective date for all insurance other than personal318 private passenger motor vehicle insurance. No rate, rating pla n, rating system, or319 underwriting rule required to be filed under this subsection will become effective, nor may320 any premium be collected by any insurer thereunder, unless the filing has been received by321 the Commissioner in his office not less than 45 days prior to its effective date. When a rate322 filing of an insurer required under subsection (b) of this Code section results in any323 increase that impacts insurance consumers or policyholders, such insurer shall submit to324 the Commissioner and the advocate a detailed actuarial report demonstrating the necessity325 H. B. 733 (SUB) - 13 - 26 LC 59 0385S of the proposed rate increase based on claims trends, risk factors, and financial solvency;326 a breakdown of administrative expenses, claim costs, and antici pated profit margins; a327 statement on how the proposed rate increase shall affect policyholders, including families,328 small businesses, and commercial enterprises in this state; historical past rate changes and329 corresponding justifications for the preceding five years; and any other documents deemed330 necessary by the Commissioner or the advocate.331 (e) When a rate filing of an insurer required under subsection (d) (b) of this Code section332 results in any overall rate increase of 10 percent or more within any 12 month period, the333 Commissioner shall order an examination of that insurer to determine the accuracy of the334 claim reserves, the applicability of the claim reserve practice s for the loss data used in335 support of such filing, and any other component of the rate filing; provided, however, that336 in the event the overall increase is less than 25 percent within any 12 month period and the337 Commissioner affirmatively determines that he or she has sufficient information to evaluate338 such rate increase and that the cost thereof would not be justified, he or she may waive all339 or part of such examination. In all other rate filings required under subsection (d) (b) of340 this Code section, the Commissioner may order an examination of that insurer as provided341 in this subsection. Such examination shall be conducted in accordance with the provisions342 of Chapter 2 of this title. Upon notification by the Commissioner of his or her intent to343 conduct such examination, the insurer shall be prohibited from placing the rates so filed in344 effect until such examination has been reviewed and certified b y the Commissioner as345 being complete. Such examination, if conducted by the Commissioner, shall be reviewed346 and certified within 90 days of the date such rate, rating plan , rating system, or347 underwriting rule is filed; provided, however, that if the Comm issioner makes an348 affirmative finding that the examination may not be completed within the 90 day period,349 he or she may extend such time for one additional 60 day period completed and reviewed350 by the advocate and the Commissioner has approved or disapproved the rate filing. Any351 H. B. 733 (SUB) - 14 - 26 LC 59 0385S examination required under this Code section shall be conducted in accordance with352 Chapter 2 of this title.353 (f) Notwithstanding the provisions of subsection (d) (b) of this Code section, in the event354 the filing of any rate, rating plan, rating system, or underwri ting rule under355 subsection (d) ( b ) of this Code section is not necessary, in the judgment of the356 Commissioner, to accomplish the purposes of this chapter as set forth in Code Section357 33-9-1, then the Commissioner may exempt all domestic, foreign, and alien insurers from358 being required to file such rate, rating plan, rating system, or underwriting rule.359 (g) Filings required pursuant to this Code section shall be accompanied by a fee or fees as360 provided in Code Section 33-8-1.361 (h) All filings related to rate increases shall be made available on the department's website362 within ten days of submission, as provided under Article 4 of Chapter 18 of Title 50.363 (i) The Commissioner is authorized to adjust rate increases for inflation as necessary."364 SECTION 11.365 Said chapter is further amended by revising Code Section 33-9-21.2, relating to petition for366 hearing by aggrieved insurer, as follows:367 "33-9-21.2.368 (a) The Commissioner shall only approve a proposed rate, rating plan, rating system, or369 underwriting rule that results in an increase if such increase is:370 (1) Supported by clear and compelling data;371 (2) Necessary to ensure the insurer's financial stability; and372 (3) Not excessive, inadequate, or unfairly discriminatory to i nsurance consumers or373 policyholders.374 (b) Any approved rate increases shall be clearly posted on the home page of the375 department's website in a font no smaller than 12 point font, a long with the insurance376 company's name and a detailed explanation for why the rate increase is necessary.377 H. B. 733 (SUB) - 15 - 26 LC 59 0385S (c) The Commissioner shall disapprove any proposed rate, rating plan, rating system, or378 underwriting rule that results in an increase that fails to comply with the requirements of379 this chapter.380 (d) Any insurer aggrieved by the Commissioner's disapproval of an y rate filing may381 petition the Commissioner for a hearing within ten days of the notification of such382 disapproval, unless otherwise specifically provided by law. A hearing conducted pursuant383 to this Code section shall be conducted in accordance with the provisions of Chapter 2 of384 this title. The insurance consumer advocate is authorized to participate in such hearing and385 in any appeal therefrom."386 SECTION 12.387 Said chapter is further amended by revising Code Section 33-9-26, relating to review of rate,388 rating plan, rating system, or underwriting rule by insurer or rating organization, as follows:389 "33-9-26.390 (a) Any person aggrieved by any rate charged, rating plan, rating system, or underwriting391 rule followed or adopted by an insurer or rating organization m ay request the insurer or392 rating organization to review the manner in which the rate, plan, system, or rule has been393 applied with respect to insurance afforded him. The request ma y be made by his394 authorized representative and shall be written. If the request is not granted within 30 days395 after it is made, the requestor may treat it as rejected.396 (b) Any person aggrieved by any rate charged, rating plan, rating system, or underwriting397 rule followed or adopted by an insurer or rating organization or the action of an insurer or398 rating organization in refusing the review requested or in failing or refusing to grant all or399 part of the relief requested may file a written complaint and r equest for hearing with the400 Commissioner, specifying the grounds relied upon.401 (c) The insurance consumer advocate shall review and investigate any written complaint402 as provided for in subsection (b) of this Code section and, on his or her own initiative, may403 H. B. 733 (SUB) - 16 - 26 LC 59 0385S review and investigate any rate, rating plan, rating system, or underwriting rule proposed,404 followed, or adopted by an insurer or rating organization. If the Commissioner has405 information concerning a similar complaint, he may deny the hearing. If he believes that406 probable cause for the complaint does not exist or that the complaint is not made in good407 faith, he shall deny the hearing. Otherwise, and if he408 (d) If the advocate finds that the complaint charges a violation of this chapter and that the409 complainant would be aggrieved if the violation is proven, he or if the advocate finds a410 violation of this chapter based on his or her investigation, th e advocate shall request a411 hearing before the Commissioner and such complaint shall proceed as provided in Code412 Section 33-9-27."413 SECTION 13.414 Said chapter is further amended by revising Code Section 33-9-2 7, relating to issuance of415 notice by Commissioner upon determination of noncompliance with requirements of chapter,416 as follows:417 "33-9-27.418 (a) If, after examination of an insurer, rating organization, advisory organization, or group,419 association, or other organization of insurers which engages in joint underwriting or joint420 reinsurance, or upon the basis of other information, or upon su fficient complaint as421 provided in Code Section 33-9-26, the Commissioner has good cause to believe that the422 insurer, organization, group, or association, or any rate, rating plan, or rating system made423 or used by any insurer or rating organization does not comply with the requirements and424 standards of this chapter applicable to it, he the Commissioner shall, unless he or she has425 good cause to believe such noncompliance is willful, give notice in writing to such insurer,426 organization, group, or association stating in the notice to th e extent practicable in what427 manner such noncompliance is alleged to exist and specifying in the notice a reasonable428 time, not less than ten days after notice, in which the noncompliance may be corrected.429 H. B. 733 (SUB) - 17 - 26 LC 59 0385S (b) If, after review and investigation of any materials as pro vided for in Code Section430 33-9-26, the insurance consumer advocate has good cause to beli eve a violation of this431 chapter has occurred, the advocate shall be entitled to seek administrative remedy through432 the Office of State Administrative Hearings."433 SECTION 14.434 Said chapter is further amended by revising Code Section 33-9-2 8, relating to conduct of435 hearing by Commissioner upon failure to correct noncompliance, notice of hearing, and436 matters considered at hearing, as follows:437 "33-9-28.438 If the Commissioner has good cause to believe the noncompliance to be willful, or, if439 within the period prescribed by the Commissioner in the notice required by Code440 Section 33-9-27, the insurer, organization, group, or association does not make the changes441 necessary to correct the noncompliance specified by the Commissioner or establish to the442 satisfaction of the Commissioner that the specified noncompliance does not exist, then the443 Commissioner may hold a public hearing in connection with the noncompliance, provided444 that within a reasonable period of time, which shall be not less than ten days before the date445 of the hearing, he shall mail written notice specifying the matters to be considered at the446 hearing to the insurer, organization, group, or association. If no notice has been given as447 provided in Code Section 33-9-27, the notice provided for in this Code section shall state448 to the extent practicable in what manner such noncompliance is alleged to exist. The449 hearing shall not include any additional subjects not specified in the notices required by450 Code Section 33-9-27 or this Code section. The insurance consu mer advocate shall451 represent the interests of insurance consumers and policyholders before the Commissioner452 and shall be entitled to seek administrative remedy through the O f f i c e o f S t a t e453 Administrative Hearings."454 H. B. 733 (SUB) - 18 - 26 LC 59 0385S SECTION 15.455 This Act shall become effective on July 1, 2026, and shall appl y to all policies issued,456 delivered, issued for delivery, or renewed in this state on or after such date.457 SECTION 16.458 All laws and parts of laws in conflict with this Act are repealed.459 H. B. 733 (SUB) - 19 -