Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 733: Georgia Insurance Consumer and Policyholder Advocacy Act; enact
Last action February 25, 2026 · House Committee Favorably Reported By Substitute
House Bill 733 would create a new insurance consumer advocate position inside Georgia's Department of Insurance, tighten review of rate increases, and end the current fast-track approval system for private passenger auto insurance rates.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Georgia currently lets insurers file many rate changes, including for private passenger auto insurance, that take effect automatically after a waiting period without the Commissioner of Insurance's approval. This bill would eliminate that automatic 'file-and-use' path for auto insurance and require the Commissioner to actively approve or disapprove nearly all rate filings within a set time. The bill also creates a new insurance consumer advocate, a Governor-appointed attorney housed at the Department of Insurance but acting independently, who would represent consumers and policyholders in rate hearings, investigate complaints, and publish an annual report. Insurers proposing rate increases would have to submit detailed actuarial justification, and any filing that raises rates 10 percent or more within a year would trigger an extra examination and public posting on the department's website. The changes would take effect July 1, 2026, and apply to policies issued or renewed on or after that date.
What the bill does
- Creates the position of insurance consumer advocate, a Governor-appointed attorney who represents consumers and policyholders in rate hearings and administrative proceedings.
- Eliminates the current file-and-use system that lets many private passenger auto insurance rate changes take effect automatically without the Commissioner's approval.
- Requires insurers proposing rate increases to submit detailed actuarial reports, expense breakdowns, and five years of past rate history to the Commissioner and the advocate.
- Adds a rule that no rate can be 'unjustifiably increased' and triggers extra review for any rate hike of 10 percent or more within a 12-month period.
- Requires the department to post approved rate increases prominently on its website in at least 12-point font, along with the company's name and justification.
- Extends the Commissioner's rate-filing review window from 45 to 60 days and lets the advocate request hearings and pursue administrative appeals through the Office of State Administrative Hearings.
Who it affects
Insurance consumers and policyholders across Georgia, insurance companies licensed to sell auto and other coverage in the state, the Department of Insurance and Commissioner of Insurance, the Governor's office (which appoints the advocate), and legislative insurance committees that receive the advocate's annual reports.
Why it matters
Georgians buying auto, home, health, or other insurance would gain a dedicated advocate to challenge rate hikes and investigate complaints, and insurers would face slower, more document-heavy approval for rate increases, particularly for auto insurance, which currently can take effect without state sign-off.
Key provisions
- Section 3 adds definitions for 'insurance consumer,' 'insurance consumer advocate,' and 'policyholder' to Georgia's insurance code (O.C.G.A. § 33-1-2).
- Section 4 establishes the advocate position under new Code Section 33-2-4, describing appointment by the Governor, duties, hearing rights, and a required annual report starting January 31, 2027.
- Section 6 gives the advocate formal party status in Commissioner-led hearings, including the right to subpoena witnesses and evidence.
- Section 9 rewrites rate-making standards (O.C.G.A. § 33-9-4) to bar 'unjustifiably increased' rates and flag any 10 percent or greater annual increase for extra review.
- Section 10 removes the automatic file-and-use approval track for private passenger auto insurance and extends the Commissioner's review period from 45 to 60 days, requiring insurers to submit actuarial justification for increases.
- Section 11 requires the Commissioner to approve rate increases only if backed by 'clear and compelling data' and mandates public posting of approved increases on the department's home page.
- Section 12 lets the advocate independently investigate and review rate practices and request hearings on suspected violations.
- Section 15 sets the effective date as July 1, 2026, applying to policies issued or renewed on or after that date.
From the bill
“No rate shall be unjustifiably increased, and any rate filing that results in an overall rate increase of 10 percent or more within a 12 month period shall be subject to an examination and an open and transparent review process as set forth in this chapter”
“Such individual shall be a practicing attorney qualified by knowledge and experience to advocate for insurance consumers and policyholders in administrative and judicial proceedings”
“Any approved rate increases shall be clearly posted on the home page of the department's website in a font no smaller than 12 point font, along with the insurance company's name and a detailed explanation for why the rate increase is necessary.”
Discussed in meetings (3)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Budget and Fiscal Affairs Oversight Committee, February 5, 2026
From 0:19:10 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor presented a substitute for HB 733 to give consumers a voice in insurance decisions. The sponsor said it would create a governor-appointed consumer advocate to investigate cancellations and nonrenewals, obtain evidence, participate in hearings, appeal decisions and educate consumers. Substitute changes included a shorter title, an attorney qualification and appointment rather than hiring by the insurance department. The sponsor said insurers would have to justify increases with data, filings would become public, increases over 10% would receive mandatory scrutiny, and automatic auto-rate increases without review would end. A Consumer Federation of America witness supported the bill, citing a 20% increase in Georgia homeowners’ premiums from 2021 to 2024, from roughly $2,500 to over $3,000. The witness urged a lower review threshold; the sponsor clarified that the advocate could examine increases of any size. The witness lacked specific Georgia auto-rate figures when asked. The chair requested comparisons with rising home values and repair costs and raised concerns about insurers leaving the market. One member reported that reviewed health premium increases above 10% averaged about 30%, affecting over a million consumers and totaling over $8 billion. Other members questioned independence, staffing, appeals and legislative oversight. The sponsor was open to locating the advocate elsewhere, said reporting could support future staffing requests, and explained that appeals, not punishment, were the role’s purpose. The sponsor cited similar roles in several states and welcomed further oversight provisions. No vote occurred.
House Budget and Fiscal Affairs Oversight Committee, February 24, 2026
From 0:37:37 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 733 would create a governor-appointed insurance consumer advocate to examine rate requests, obtain information and represent consumers without capping rates or replacing the insurance commissioner’s decision-making authority. The sponsor described substitute language requiring updated reports on request, advice to legislative insurance committee chairs and allowance for inflation adjustments. Members questioned whether the commissioner and consumers already had these powers. The sponsor said consumers lacked the expertise and access needed to challenge requests before increases took effect, and the advocate could appeal but not overrule decisions. One member described large claims paid by an insurer; the sponsor responded that insurer finances also involved investment income and reinsurance. Asked about qualifications and industry ties, the sponsor said the advocate must be a qualified attorney, could hold no other job and was not expressly barred from having insurance-industry ties. Another member proposed requiring public explanations of every approved increase. After discussing placement and readability, the committee adopted an amendment requiring homepage notices in at least 12-point font identifying the insurer and explaining why the increase was necessary. The committee then approved the substitute as amended by voice vote. No numerical tally was stated.
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Tanya F. Miller (D, HD-62)
- Long Tran (D, HD-80)
- Scott Holcomb (D, HD-101)
- Tyler Paul Smith (R, HD-18)
- Trey Kelley (R, HD-16)
- Saira Draper (D, HD-90)
Topics
- insurance rates
- consumer protection
- auto insurance regulation
- Department of Insurance
- policyholder rights