HB 733: Georgia Insurance Consumer and Policyholder Advocacy Act; enact

The House Committee on Budget and Fiscal Affairs Oversight offers 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, relating to general provisions, department and Commissioner, and regulation of rates, underwriting rules, and related organizations relative to insurance, respectively, so as to provide for the position of an insurance consumer advocate to increase transparency and accountability in the insurance industry and at the office of the Commissioner of Insurance; to provide for definitions; to provide for the appointment and compensation of the advocate; to provide for additional personnel; to provide for the duties of the advocate; to provide for the advocate to represent insurance consumers and policyholders at certain proceedings; to provide for annual reports; to provide for rules and regulations; to authorize the advocate to demand, appear, and participate in hearings; to provide for administrative relief through the Office of State Administrative Hearings; to prohibit rates from being unjustifiably increased; to revise standards for the making and use of rates of insurance; to eliminate the file-and-use system for private passenger automobile insurance; to revise the time the department has to review rate filings; to require insurers to submit additional documentation when a proposed rate filing will increase rates; to provide for additional review and procedures for a rate filing that increases a rate by more than 10 percent within any 12 month period; to provide for open records; to provide for the approval of rate increases under certain conditions; to provide for the publication of such rate increases; to authorize the advocate to review and investigate complaints; to provide for the advocate to request a hearing; to provide for related matters; to provide for a short title; to provide for legislative purpose; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Insurance Consumer Protection Act."

SECTION 2.

The purpose of this Act is to protect insurance consumers and policyholders by ensuring fairness and transparency in insurance practices, addressing unjustified rate increases, enhancing industry oversight, and providing education and advocacy for insurance consumers and policyholders.

SECTION 3.

Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, is amended in Code Section 33-1-2, relating to definitions, by adding new paragraphs to read as follows:

"(4.1) 'Insurance consumer' means any individual or person in this state that entered into a contract for a product or service from an insurer or licensee under the jurisdiction of the Commissioner.

(4.2) 'Insurance consumer advocate' or 'advocate' means an individual employed in the department to represent the interests of insurance consumers and policyholders in insurance matters. Such individual shall be a practicing attorney qualified by knowledge and experience to advocate for insurance consumers and policyholders in administrative and judicial proceedings; provided, however, that the advocate shall not engage in the private practice of law while employed as the advocate."

"(7.1) 'Policyholder' means a person in this state who is or was an owner, insured, covered person, beneficiary, or person designated as responsible for payment under an insurance policy, certificate of insurance, or annuity contract provided by an insurer."

SECTION 4.

Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to department and Commissioner relative to insurance, is amended by revising Code Section 33-2-4, which is reserved, as follows:

"33-2-4.

(a) There is established the position of insurance consumer advocate, who shall be assigned to the department but shall act as an independent advocate for insurance consumers and policyholders. The advocate shall be appointed and removed by the Governor and shall receive compensation in an amount to be determined by the Governor. Such compensation may include authorization for full-time, part-time, or temporary personnel to support the advocate in the performance of his or her duties. The Commissioner shall provide the advocate and any additional personnel the office space, equipment, supplies, and materials necessary to perform the duties of the advocate.

(b) The advocate shall:

(1) Review insurer practices related to policy cancellations and nonrenewals for fairness to insurance consumers and policyholders and investigate any policy cancellations or nonrenewals at the request of an insurance consumer or policyholder;

(2) Participate in rate approval processes and advocate on behalf of insurance consumers and policyholders in such processes and any subsequent hearings;

(3) Implement state-wide campaigns, conduct stakeholder meetings, publish materials, and provide online tools to educate insurance consumers and policyholders on the risks and benefits of different types of insurance, including but not limited to health, life, automobile, property, and flood, to ensure insurance consumers and policyholders can make informed decisions; and

(4) Perform such other functions necessary to advocate for insurance consumers and policyholders.

(c) The advocate shall be entitled to appear, as a party or otherwise, on behalf of insurance consumers and policyholders in any proceedings before the Commissioner, in administrative proceedings related to violations of provisions in this title, and in judicial proceedings appealing an act by the Commissioner.

(d) Beginning January 31, 2027, and annually thereafter, the advocate shall publish a written report of the prior year's activities on the department's website, including but not limited to the number of complaints reviewed, the number of hearings participated in, and any savings for insurance consumers and policyholders. Such report shall also be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Insurance and the Senate Insurance and Labor Committee. Such report shall be promptly updated when requested by any of the listed recipients.

(e) The Commissioner or the advocate or their designees shall advise the chairpersons of the House Committee on Insurance and the Senate Insurance and Labor Committee on insurance matters when requested.

(f) The Commissioner shall promulgate any rules and regulations necessary to implement the provisions of this Code section. Reserved."

SECTION 5.

Said chapter is further amended by revising Code Section 33-2-17, relating to conduct of hearings by Commissioner generally and demands for hearing, as follows:

"33-2-17.

(a) The Commissioner may hold hearings for any purpose within the scope of this title as he or she may deem necessary.

(b) He or she shall hold a hearing:

(1) If required by any provision of this title; or

(2) Upon written demand for a hearing made by any person aggrieved by any act, threatened act, or failure of the Commissioner to act if such failure is deemed an act under any provision of this title or by any report, promulgation, or order of the Commissioner, other than an order on a hearing of which such person was given actual notice or at which such person appeared as a party or order pursuant to the order on such hearing; or

(3) Upon demand for a hearing made by the insurance consumer advocate.

(c) Any demand for a hearing pursuant to paragraph (2) of subsection (b) of this Code section shall specify in what respects such person is aggrieved and the grounds to be relied upon as a basis for the relief to be demanded at the hearing; and, unless postponed by mutual consent, the hearing shall be held within 30 days after receipt by the Commissioner of the demand for a hearing. Such hearing shall be held only if the Commissioner shall find that the demand for a hearing is made in good faith, that the applicant would be aggrieved, and that such grounds otherwise justify holding such hearing.

(d) Pending the hearing and decision on holding the hearing, the Commissioner may suspend or postpone the effective date of his or her previous action."

SECTION 6.

Said chapter is further amended in Code Section 33-2-21, relating to presiding officer at hearing, rights of parties, intervention, pleading and evidence, record of proceedings, and rehearing or reargument, by adding a new subsection to read as follows: "(a.1) The insurance consumer advocate shall be entitled to appear, as a party or otherwise, on behalf of insurance consumers and policyholders in all proceedings presided over by the Commissioner or his or her designated representative. The advocate is authorized to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary evidence and to examine witnesses, to present evidence in support of the interests of insurance consumers and policyholders, and to have subpoenas issued by the Commissioner to compel the attendance of witnesses and production of evidence."

SECTION 7.

Said chapter is further amended by revising Code Section 33-2-26, relating to persons entitled to appeal and procedure generally, as follows:

"33-2-26.

(a) An appeal from the Commissioner shall be taken only from an order on hearing or with respect to a matter as to which the Commissioner has refused or failed to grant or hold a hearing after demand therefor under Code Section 33-2-17 or as to a matter as to which the Commissioner has refused or failed to make his order on hearing as required by Code Section 33-2-23.

(b) Any person who was a party to the hearing or whose pecuniary interests are directly and immediately affected by the refusal or failure to grant a hearing and who is aggrieved by the order, refusal, or failure may appeal from the order on hearing or as to any such matter within 30 days after:

(1) The order on hearing has been mailed or delivered to the persons entitled to receive the same;

(2) The Commissioner's order denying rehearing or reargument has been so mailed or delivered;

(3) The Commissioner has refused or failed to make his order on hearing as required under Code Section 33-2-23; or

(4) The Commissioner has refused or failed to grant or hold a hearing as required under Code Section 33-2-17.

(c) The insurance consumer advocate may seek administrative relief from the Commissioner's order or refusal or failure as provided in subsection (a) of this Code section through the Office of State Administrative Hearings."

SECTION 8.

Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rates, underwriting rules, and related organizations, is amended in Code Section 33-9-1, relating to purpose and construction of chapter, by revising subsection (a) as follows: "(a) The purpose of this chapter is to promote the public welfare by regulating insurance rates as provided in this chapter to the end that they shall not be excessive, inadequate, or unfairly discriminatory to insurance consumers or policyholders, shall not be unjustifiably increased, and shall be subject to an open and transparent review process; to authorize the existence and operation of qualified rating organizations and advisory organizations and require that specified rating services of such rating organizations be generally available to all admitted insurers; and to authorize cooperation between insurers in rate making and other related matters."

SECTION 9.

Said chapter is further amended by revising Code Section 33-9-4, relating to standards applicable to making and use of rates, as follows:

"33-9-4.

The following standards shall apply to the making and use of rates pertaining to all classes of insurance to which this chapter is applicable:

(1) Rates shall not be excessive, or inadequate, as defined in this Code section, nor shall they be or unfairly discriminatory to insurance consumers or policyholders;

(2) No rate shall be held to be excessive unless such rate is unreasonably high for the insurance provided and a reasonable degree of competition does not exist in the area with respect to the classification to which such rate is applicable; provided, however, with respect to rate filings involving an increase in rates, no rate for personal private passenger motor vehicle insurance shall be held to be excessive unless such rate is unreasonably high for the insurance provided and a reasonable degree of competition does not exist;

(3) No rate shall be held inadequate unless it is unreasonably low for the insurance provided and continued use of it would endanger solvency of the insurer, or unless the use of such rate by the insurer using such rate has, or will, if continued, tend to destroy competition or create a monopoly;

(4) 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; provided, however, that the Commissioner is authorized to adjust such increases for inflation as necessary;

(4)(5) Consideration shall be given to the extent applicable to past and prospective loss experience within and outside this state, to conflagration and catastrophe hazards, to a reasonable margin for underwriting profit and contingencies, to past and prospective expenses both country wide and those specially applicable to this state, to the insurer's average yield from investment income, and to all other factors, including judgment factors, deemed relevant within and outside this state; and, in the case of fire insurance rates, consideration may be given to the experience of the fire insurance business during the most recent five-year period;

(5)(6) Consideration may also be given, in the making and use of rates, to dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers;

(6)(7) The systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the operating methods of any such insurer or group with respect to any kind of insurance or with respect to any subdivision or combination thereof;

(7)(8) Risks may be grouped by classifications for the establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure any difference among risks that have a probable effect upon losses or expenses. Classifications or modifications of classifications of risks may be established based upon size, expense, management, individual experience, location or dispersion of hazard, or any other reasonable considerations. Such classifications and modifications shall apply to all risks under the same or substantially the same circumstances or conditions; provided, however, the Commissioner shall establish the maximum amount of any such modification; (8)(9) Nothing contained in this Code section or elsewhere in this chapter shall be construed to repeal or modify Chapter 6 of this title, relating to unfair trade practices, and any rate, rating classification, rating plan or schedule, or variation thereof established in violation of Chapter 6 of this title shall, in addition to the consequences stated in Chapter 6 of this title or elsewhere, be deemed violative of to violate this Code section; (9)(10) No insurer shall base any standard or rating plan on vehicle insurance, in whole or in part, directly or indirectly, upon race, creed, or ethnic extraction; and (10)(11) No insurer shall base any standard or rating plan on vehicle insurance, in whole or in part, directly or indirectly, upon any physical disability of an insured unless the disability directly impairs the ability of the insured to drive a motor vehicle."

SECTION 10.

Said chapter is further amended by revising Code Section 33-9-21, relating to maintenance and filing rates, rating plans, rating systems, or underwriting rules and examination of claim reserve practices by the Commissioner, as follows:

"33-9-21.

(a) Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, and policy or bond forms used by it. The maintenance of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Code section for any insurer maintaining membership or subscriberships in such organization, to the extent that the insurer uses the rates, rating plans, rating systems, underwriting rules, and policy or bond forms of such organization; provided, however, that the Commissioner, when he or she deems it necessary, without compliance with the rule-making procedures of this title or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act':

(1) May require any domestic, foreign, and alien insurer to file the required rates, rating plans, rating systems, underwriting rules, and policy or bond forms used independent of any filing made on its behalf or as a member of a licensed rating organization, as the Commissioner shall deem to be necessary to ensure compliance with the standards of this chapter and Code Section 34-9-130 and for the best interests of the citizens of this state;

(2) Shall require each domestic, foreign, and alien insurer, writing or authorized to write workers' compensation insurance in this state, to file such insurer's own individual rate filing for rates to be charged for workers' compensation insurance coverage written in this state. Such rates shall be developed and established after consultation with the State Board of Workers' Compensation based upon each individual insurer's experience in the State of Georgia to the extent actuarially credible. The experience filed shall include the loss ratios, reserves, reserve development information, expenses, including commissions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and information used by that insurer in formulating its workers' compensation rates which are used in this state and any other information or data required by the Commissioner. In establishing and maintaining loss reserves, no workers' compensation insurer shall be allowed to maintain any excess loss reserve for any claim or potential claim for more than 90 days after the amount of liability for such claim or potential claim has been established, whether by final judgment, by settlement agreement, or otherwise. This limitation on the maintenance of loss reserves shall be enforced through this Code section, as well as through Code Section 33-9-23, relating to examination of admitted insurers, and any other appropriate enforcement procedures. The Commissioner is authorized to accept such rate classifications as are reasonable and necessary for compliance with this chapter. A rate filing required by this paragraph shall be updated by the insurer at least once every two years; and

(3) As used in paragraph (2) of this subsection, the term 'excess loss reserve' means any reserve amount in excess of the reserve required by law.

(b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must shall file with the Commissioner any rate, rating plan, rating system, or underwriting rule for all personal private passenger motor vehicle insurance:

(1) For private passenger motor vehicle insurance providing only the mandatory minimum limits required by Code Section 33-34-4 and subsection (a) of Code Section 40-9-37, and no such rate, rating plan, rating system, or underwriting rule shall become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his or her office and such filing has been approved by the Commissioner or a period of 45 60 days has elapsed from the date such filing was received by the Commissioner during which time such filing has not been disapproved by the Commissioner. The Commissioner shall be authorized to extend such 45 60 day period by no more than 55 40 days at his or her discretion. If a filing is disapproved, notice of such disapproval order shall be given within 100 days of receipt of filing by the Commissioner, specifying in what respects such filing fails to meet the requirements of this chapter. The filer shall be given a hearing upon written request made within 30 days after the issuance of the disapproval order, and such hearing shall commence within 30 days after such request unless postponed by mutual consent. Such hearing, once commenced, may be postponed or recessed by the Commissioner only for weekends, holidays, or after normal working hours or at any time by mutual consent of all parties to the hearing. The Commissioner may also, at his or her discretion, recess any hearing for not more than two recess periods of up to 15 consecutive days each. In connection with any hearing or judicial review with respect to the approval or disapproval of such rates, the burden of persuasion shall fall upon the affected insurer or insurers to establish that the challenged rates are adequate, not excessive, and not unfairly discriminatory, and not unjustifiably increased. After such a hearing, the Commissioner must shall affirm, modify, or reverse his or her previous action within the time period provided in subsection (a) of Code Section 33-2-23 relative to orders of the Commissioner. The requirement of approval or disapproval of a rate filing by the Commissioner under this subsection shall not prohibit actions by the Commissioner regarding compliance of such rate filing with the requirements of Code Section 33-9-4 brought after such approval or disapproval.

(2) For personal private passenger motor vehicle insurance other than that described in paragraph (1) of this subsection, such rate, rating plan, rating system, or underwriting rule for all such personal private passenger motor vehicle insurance shall be effective 60 days after such filing and shall be implemented without approval of the Commissioner, unless an earlier effective date is authorized by the Commissioner or a later effective date is specified by the insurer. This paragraph shall apply to the entire personal private passenger motor vehicle insurance policy with limits above the mandatory minimum required by Code Section 33-34-4 and subsection (a) of Code Section 40-9-37 and shall apply to the entire personal private passenger motor vehicle policy with minimum limits if such policy has any additional nonmandatory coverage or coverages.

(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, an insurer may, but shall not be required to, file its rate, rating plan, rating system, or underwriting rule for all such personal private passenger motor vehicle insurance provided for in paragraphs (1) and (2) of this subsection under the filing process of paragraph (1) of this subsection.

(c) When a rate filing of an insurer required under paragraph (1) of subsection (b) of this Code section is not accompanied by the information upon which the insurer supports the filing and the Commissioner does not have sufficient information to determine whether the filing meets the requirements of this chapter, then the Commissioner shall request in writing, within 20 days of the date he or she receives the filing, the specifics of such additional information as he or she requires, and the insurer shall be required to furnish such information, and in such event the 45 60 day period provided for in paragraph (1) of subsection (b) of this Code section shall commence as of the date such information is furnished.

(d) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule at least 45 days prior to any indicated effective date for all insurance other than personal private passenger motor vehicle insurance. No rate, rating plan, rating system, or underwriting rule required to be filed under this subsection will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his office not less than 45 days prior to its effective date. When a rate filing of an insurer required under subsection (b) of this Code section results in any increase that impacts insurance consumers or policyholders, such insurer shall submit to the Commissioner and the advocate a detailed actuarial report demonstrating the necessity of the proposed rate increase based on claims trends, risk factors, and financial solvency; a breakdown of administrative expenses, claim costs, and anticipated profit margins; a statement on how the proposed rate increase shall affect policyholders, including families, small businesses, and commercial enterprises in this state; historical past rate changes and corresponding justifications for the preceding five years; and any other documents deemed necessary by the Commissioner or the advocate.

(e) When a rate filing of an insurer required under subsection (d) (b) of this Code section results in any overall rate increase of 10 percent or more within any 12 month period, the Commissioner shall order an examination of that insurer to determine the accuracy of the claim reserves, the applicability of the claim reserve practices for the loss data used in support of such filing, and any other component of the rate filing; provided, however, that in the event the overall increase is less than 25 percent within any 12 month period and the Commissioner affirmatively determines that he or she has sufficient information to evaluate such rate increase and that the cost thereof would not be justified, he or she may waive all or part of such examination. In all other rate filings required under subsection (d) (b) of this Code section, the Commissioner may order an examination of that insurer as provided in this subsection. Such examination shall be conducted in accordance with the provisions of Chapter 2 of this title. Upon notification by the Commissioner of his or her intent to conduct such examination, the insurer shall be prohibited from placing the rates so filed in effect until such examination has been reviewed and certified by the Commissioner as being complete. Such examination, if conducted by the Commissioner, shall be reviewed and certified within 90 days of the date such rate, rating plan, rating system, or underwriting rule is filed; provided, however, that if the Commissioner makes an affirmative finding that the examination may not be completed within the 90 day period, he or she may extend such time for one additional 60 day period completed and reviewed by the advocate and the Commissioner has approved or disapproved the rate filing. Any examination required under this Code section shall be conducted in accordance with Chapter 2 of this title.

(f) Notwithstanding the provisions of subsection (d) (b) of this Code section, in the event the filing of any rate, rating plan, rating system, or underwriting rule under subsection (d) (b) of this Code section is not necessary, in the judgment of the Commissioner, to accomplish the purposes of this chapter as set forth in Code Section 33-9-1, then the Commissioner may exempt all domestic, foreign, and alien insurers from being required to file such rate, rating plan, rating system, or underwriting rule.

(g) Filings required pursuant to this Code section shall be accompanied by a fee or fees as provided in Code Section 33-8-1.

(h) All filings related to rate increases shall be made available on the department's website within ten days of submission, as provided under Article 4 of Chapter 18 of Title 50.

(i) The Commissioner is authorized to adjust rate increases for inflation as necessary."

SECTION 11.

Said chapter is further amended by revising Code Section 33-9-21.2, relating to petition for hearing by aggrieved insurer, as follows:

"33-9-21.2.

(a) The Commissioner shall only approve a proposed rate, rating plan, rating system, or underwriting rule that results in an increase if such increase is:

(1) Supported by clear and compelling data;

(2) Necessary to ensure the insurer's financial stability; and

(3) Not excessive, inadequate, or unfairly discriminatory to insurance consumers or policyholders.

(b) 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.

(c) The Commissioner shall disapprove any proposed rate, rating plan, rating system, or underwriting rule that results in an increase that fails to comply with the requirements of this chapter.

(d) Any insurer aggrieved by the Commissioner's disapproval of any rate filing may petition the Commissioner for a hearing within ten days of the notification of such disapproval, unless otherwise specifically provided by law. A hearing conducted pursuant to this Code section shall be conducted in accordance with the provisions of Chapter 2 of this title. The insurance consumer advocate is authorized to participate in such hearing and in any appeal therefrom."

SECTION 12.

Said chapter is further amended by revising Code Section 33-9-26, relating to review of rate, rating plan, rating system, or underwriting rule by insurer or rating organization, as follows:

"33-9-26.

(a) Any person aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted by an insurer or rating organization may request the insurer or rating organization to review the manner in which the rate, plan, system, or rule has been applied with respect to insurance afforded him. The request may be made by his authorized representative and shall be written. If the request is not granted within 30 days after it is made, the requestor may treat it as rejected.

(b) Any person aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted by an insurer or rating organization or the action of an insurer or rating organization in refusing the review requested or in failing or refusing to grant all or part of the relief requested may file a written complaint and request for hearing with the Commissioner, specifying the grounds relied upon.

(c) The insurance consumer advocate shall review and investigate any written complaint as provided for in subsection (b) of this Code section and, on his or her own initiative, may review and investigate any rate, rating plan, rating system, or underwriting rule proposed, followed, or adopted by an insurer or rating organization. If the Commissioner has information concerning a similar complaint, he may deny the hearing. If he believes that probable cause for the complaint does not exist or that the complaint is not made in good faith, he shall deny the hearing. Otherwise, and if he

(d) If the advocate finds that the complaint charges a violation of this chapter and that the complainant would be aggrieved if the violation is proven, he or if the advocate finds a violation of this chapter based on his or her investigation, the advocate shall request a hearing before the Commissioner and such complaint shall proceed as provided in Code Section 33-9-27."

SECTION 13.

Said chapter is further amended by revising Code Section 33-9-27, relating to issuance of notice by Commissioner upon determination of noncompliance with requirements of chapter, as follows:

"33-9-27.

(a) If, after examination of an insurer, rating organization, advisory organization, or group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance, or upon the basis of other information, or upon sufficient complaint as provided in Code Section 33-9-26, the Commissioner has good cause to believe that the insurer, organization, group, or association, or any rate, rating plan, or rating system made or used by any insurer or rating organization does not comply with the requirements and standards of this chapter applicable to it, he the Commissioner shall, unless he or she has good cause to believe such noncompliance is willful, give notice in writing to such insurer, organization, group, or association stating in the notice to the extent practicable in what manner such noncompliance is alleged to exist and specifying in the notice a reasonable time, not less than ten days after notice, in which the noncompliance may be corrected.

(b) If, after review and investigation of any materials as provided for in Code Section 33-9-26, the insurance consumer advocate has good cause to believe a violation of this chapter has occurred, the advocate shall be entitled to seek administrative remedy through the Office of State Administrative Hearings."

SECTION 14.

Said chapter is further amended by revising Code Section 33-9-28, relating to conduct of hearing by Commissioner upon failure to correct noncompliance, notice of hearing, and matters considered at hearing, as follows:

"33-9-28.

If the Commissioner has good cause to believe the noncompliance to be willful, or, if within the period prescribed by the Commissioner in the notice required by Code Section 33-9-27, the insurer, organization, group, or association does not make the changes necessary to correct the noncompliance specified by the Commissioner or establish to the satisfaction of the Commissioner that the specified noncompliance does not exist, then the Commissioner may hold a public hearing in connection with the noncompliance, provided that within a reasonable period of time, which shall be not less than ten days before the date of the hearing, he shall mail written notice specifying the matters to be considered at the hearing to the insurer, organization, group, or association. If no notice has been given as provided in Code Section 33-9-27, the notice provided for in this Code section shall state to the extent practicable in what manner such noncompliance is alleged to exist. The hearing shall not include any additional subjects not specified in the notices required by Code Section 33-9-27 or this Code section. The insurance consumer advocate shall represent the interests of insurance consumers and policyholders before the Commissioner and shall be entitled to seek administrative remedy through the Office of State Administrative Hearings."

SECTION 15.

This Act shall become effective on July 1, 2026, and shall apply to all policies issued, delivered, issued for delivery, or renewed in this state on or after such date.

SECTION 16.

All laws and parts of laws in conflict with this Act are repealed.