SB603: SB603 "Georgia Insurance Consumer and Policyholder Advocacy Act"; enact

26 LC 65 0056 Senate Bill 603 By: Senators Parkes of the 7th, Mangham of the 55th, James of the 28th, Kemp of the 38th and Harrell of the 40th A BILL TO BE ENTITLED AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to1 increase transparency and accountability in the insurance indus try and at the office of the2 Commissioner of Insurance; to provide for an insurance consumer and policyholder advocate3 within the office of the Commissioner of Insurance; to provide for definitions; to provide for4 the duties of such advocate; to provide for such advocate to represent insurance consumers5 and policyholders at certain proceedings; to provide for rules and regulations; to prohibit6 rates from being unjustifiably increased; to revise standards for the making and use of rates7 of insurance; to eliminate the file-and-use system for private passenger automobile insurance;8 to revise the time the department has to review rate filings; t o require insurers to submit9 additional documentation when a proposed rate filing will incre ase rates; to provide for10 additional review a nd procedures for a rate filing that increas es a rate by more than ten11 percent within any 12 month period; to provide for open records; to provide for the approval12 of rate increases under certain conditions; to authorize such a dvocate to review and13 investigate complaints; to provide for such advocate to request a hearing; to provide for14 related matters; to provide for a short title; to provide for legislative purpose; to provide for15 an effective date and applicability; to repeal conflicting laws; and for other purposes.16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 S. B. 603 - 1 - 26 LC 65 0056 SECTION 1.18 This Act shall be known and may be cited as the "Georgia Insura nce Consumer and19 Policyholder Advocacy Act."20 SECTION 2.21 The purpose of this Act is to protect insurance consumers and p olicyholders by ensuring22 fairness and transparency in insurance practices, addressing un justified rate increases,23 enhancing industry oversight, and providing education and advoc acy for insurance24 consumers and policyholders.25 SECTION 3.26 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in27 Chapter 2, relating to department and Commissioner, by revising Code Section 33-2-4, which28 is reserved, as follows:29 "33-2-4.30 (a) As used in this Code section, the term:31 (1) 'Insurance consumer' means any individual or person in this state that entered into a32 contract for a product or service from an insurer or licensee under the jurisdiction of the33 Commissioner.34 (2) 'Insurance consumer and policyholder advocate' or 'advocat e' means an individual35 employed in the department to represent the interests of insura nce consumers and36 policyholders in insurance matters.37 (3) 'Policyholder' means a person in this state who is or was an owner, insured, covered38 person, beneficiary, or person designated as responsible for payment under an insurance39 policy, certificate of insurance, or annuity contract provided by an insurer.40 (b) There is established within the office of the Commissioner the position of insurance41 consumer and policyholder advocate. The advocate shall:42 S. B. 603 - 2 - 26 LC 65 0056 (1) Review insurer practices related to policy cancellations and nonrenewals for fairness43 to insurance consumers and policyholders and investigate any po licy cancellations or44 nonrenewals at the request of an insurance consumer or policyholder;45 (2) Participate in rate approval processes and advocate on behalf of insurance consumers46 and policyholders in such processes and any subsequent hearings;47 (3) Implement state-wide campaigns, conduct stakeholder meetings, publish materials,48 and provide online tools to educate insurance consumers and policyholders on the risks49 and benefits of different types of insurance, including but not limited to health, life,50 automobile, property, and flood, to ensure insurance consumers and policyholders can51 make informed decisions; and52 (4) Perform such other functions necessary to advocate for ins urance consumers and53 policyholders.54 (c) The advocate shall be entitled to appear, as a party or otherwise, on behalf of insurance55 consumers and policyholders in any proceedings before the Commi ssioner, in56 administrative proceedings related to violations of provisions in this title, and in judicial57 proceedings appealing an act by the Commissioner.58 (d) The Commissioner shall promulgate any rules and regulations necessary to implement59 the provisions of this Code section. Reserved."60 SECTION 4.61 Said title is further amended in said chapter by adding a new s ubsection to Code Section62 33-2-17, relating to conduct of hearings by Commissioner genera lly and demands for63 hearing, to read as follows:64 "(e) The insurance consumer and policyholder advocate is authorized to request a hearing65 and to participate in any hearing held pursuant to this Code section."66 S. B. 603 - 3 - 26 LC 65 0056 SECTION 5.67 Said title is further amended in said chapter by revising Code Section 33-2-26, relating to68 persons entitled to appeal and procedure generally, as follows:69 "33-2-26.70 An appeal from the Commissioner shall be taken only from an ord er on hearing or with71 respect to a matter as to which the Commissioner has refused or failed to grant or hold a72 hearing after demand therefor under Code Section 33-2-17 or as to a matter as to which the73 Commissioner has refused or failed to make his order on hearing as required by Code74 Section 33-2-23. Any The insurance consumer and policyholder advocate and any person75 who was a party to the hearing or whose pecuniary interests are directly and immediately76 affected by the refusal or failure to grant a hearing and who i s aggrieved by the order,77 refusal, or failure may appeal from the order on hearing or as to any such matter within 3078 days after:79 (1) The order on hearing has been mailed or delivered to the persons entitled to receive80 the same;81 (2) The Commissioner's order denying rehearing or reargument has been so mailed or82 delivered;83 (3) The Commissioner has refused or failed to make his order o n hearing as required84 under Code Section 33-2-23; or85 (4) The Commissioner has refused or failed to grant or hold a hearing as required under86 Code Section 33-2-17."87 SECTION 6.88 Said title is further amended in Chapter 9, relating to regulation of rates, underwriting rules,89 and related organizations, by revising subsection (a) of Code S ection 33-9-1, relating to90 purpose and construction of chapter, as follows:91 S. B. 603 - 4 - 26 LC 65 0056 "(a) The purpose of this chapter is to promote the public welfare by regulating insurance92 rates as provided in this chapter to the end that they shall not be excessive, inadequate, or93 unfairly discriminatory to insurance consumers or policyholders, shall not be unjustifiably94 increased, and shall be subject to an open and transparent review process; to authorize the95 existence and operation of qualified rating organizations and advisory organizations and96 require that specified rating services of such rating organizations be generally available to97 all admitted insurers; and to authorize cooperation between ins urers in rate making and98 other related matters."99 SECTION 7.100 Said title is further amended in said chapter by revising Code Section 33-9-2, relating to101 definitions, as follows:102 "33-9-2.103 As used in this chapter, the term:104 (1) 'Advisory organization' means every person other than an admitted insurer, whether105 located within or outside this state, who prepares policy forms or makes underwriting106 rules incident to but not including the making of rates, rating plans, or rating systems, or107 who collects and furnishes to admitted insurers or rating organ izations loss or expense108 statistics or other statistical information and data and acts in an advisory, as distinguished109 from a rate-making, capacity. No duly authorized attorney at l aw acting in the usual110 course of his profession shall be deemed to be an advisory organization.111 (2) 'Insurance consumer' shall have the same meaning as set fo rth in Code112 Section 33-2-4.113 (3) 'Insurance consumer and policyholder advocate' or 'advocat e' shall have the same114 meaning as set forth in Code Section 33-2-4.115 (2)(4) 'Member' means an insurer who participates in or is entitled to participate in the116 management of a rating, advisory, or other organization.117 S. B. 603 - 5 - 26 LC 65 0056 (5) 'Policyholder' shall have the same meaning as set forth in Code Section 33-2-4.118 (3)(6) 'Rating organization' means every person other than an admitted insurer, whether119 located within or outside this state, who has as his object or purpose the making of rates,120 rating plans, or rating systems. Two or more admitted insurers who act in concert for the121 purpose of making rates, rating plans, or rating systems and who do not operate within122 the specific authorizations contained in Code Sections 33-9-6, 33-9-7, 33-9-11, 33-9-20,123 and 33-9-22 shall be deemed to be a rating organization. No si ngle insurer shall be124 deemed to be a rating organization.125 (4)(7) 'Subscriber' means an insurer which is furnished at its request with rates and rating126 manuals by a rating organization of which it is not a member, or with advisory services127 by an advisory organization of which it is not a member."128 SECTION 8.129 Said title is further amended in said chapter by revising Code Section 33-9-4, relating to130 standards applicable to making and use of rates, as follows:131 "33-9-4.132 The following standards shall apply to the making and use of rates pertaining to all classes133 of insurance to which this chapter is applicable:134 (1) Rates shall not be excessive, or inadequate, as defined in this Code section, nor shall135 they be or unfairly discriminatory to insurance consumers or policyholders;136 (2) No rate shall be held to be excessive unless such rate is unreasonably high for the137 insurance provided and a reasonable degree of competition does not exist in the area with138 respect to the classification to which such rate is applicable; provided, however, with139 respect to rate filings involving an increase in rates, no rate for personal private passenger140 motor vehicle insurance shall be held to be excessive unless su ch rate is unreasonably141 high for the insurance provided and a reasonable degree of competition does not exist;142 S. B. 603 - 6 - 26 LC 65 0056 (3) No rate shall be held inadequate unless it is unreasonably low for the insurance143 provided and continued use of it would endanger solvency of the insurer, or unless the144 use of such rate by the insurer using such rate has, or will, if continued, tend to destroy145 competition or create a monopoly;146 (3.1) No rate shall be unjustifiably increased, and any rate filing that results in an overall147 rate increase of 10 percent or more within a 12 month period sh all be subject to an148 examination and an open and transparent review process as set forth in this chapter;149 (4) Consideration shall be given to the extent applicable to p ast and prospective loss150 experience within and outside this state, to conflagration and catastrophe hazards, to a151 reasonable margin for underwriting profit and contingencies, to past and prospective152 expenses both country wide and those specially applicable to th is state, to the insurer's153 average yield from investment income, and to all other factors, including judgment154 factors, deemed relevant within and outside this state; and, in the case of fire insurance155 rates, consideration may be given to the experience of the fire insurance business during156 the most recent five-year period;157 (5) Consideration may also be given, in the making and use of rates, to dividends,158 savings, or unabsorbed premium deposits allowed or returned by insurers to their159 policyholders, members, or subscribers;160 (6) The systems of expense provisions included in the rates fo r use by any insurer or161 group of insurers may differ from those of other insurers or groups of insurers to reflect162 the operating methods of any such insurer or group with respect to any kind of insurance163 or with respect to any subdivision or combination thereof;164 (7) Risks may be grouped by classifications for the establishment of rates and minimum165 premiums. Classification rates may be modified to produce rates for individual risks in166 accordance with rating plans which establish standards for meas uring variations in167 hazards or expense provisions, or both. Such standards may mea sure any difference168 among risks that have a probable effect upon losses or expenses . Classifications or169 S. B. 603 - 7 - 26 LC 65 0056 modifications of classifications of risks may be established ba sed upon size, expense,170 management, individual experience, location or dispersion of ha zard, or any other171 reasonable considerations. Such classifications and modifications shall apply to all risks172 under the same or substantially the same circumstances or conditions; provided, however,173 the Commissioner shall establish the maximum amount of any such modification;174 (8) Nothing contained in this Code section or elsewhere in this chapter shall be construed175 to repeal or modify Chapter 6 of this title, relating to unfair trade practices, and any rate,176 rating classification, rating plan or schedule, or variation thereof established in violation177 of Chapter 6 of this title shall, in addition to the consequences stated in Chapter 6 of this178 title or elsewhere, be deemed violative of to violate his Code section;179 (9) No insurer shall base any standard or rating plan on vehicle insurance, in whole or180 in part, directly or indirectly, upon race, creed, or ethnic extraction; and181 (10) No insurer shall base any standard or rating plan on vehicle insurance, in whole or182 in part, directly or indirectly, upon any physical disability o f an insured unless the183 disability directly impairs the ability of the insured to drive a motor vehicle."184 SECTION 9.185 Said title is further amended in said chapter by revising Code Section 33-9-21, relating to186 maintenance and filing rates, rating plans, rating systems, or underwriting rules and187 examination of claim reserve practices by the Commissioner, as follows:188 "33-9-21.189 (a) Every insurer shall maintain with the Commissioner copies of the rates, rating plans,190 rating systems, underwriting rules, and policy or bond forms used by it. The maintenance191 of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the192 Commissioner by a licensed rating organization of which an insu rer is a member or193 subscriber will be sufficient compliance with this Code section for any insurer maintaining194 membership or subscriberships in such organization, to the extent that the insurer uses the195 S. B. 603 - 8 - 26 LC 65 0056 rates, rating plans, rating systems, underwriting rules, and po licy or bond forms of such196 organization; provided, however, that the Commissioner, when he or she deems it197 necessary, without compliance with the rule-making procedures of this title or Chapter 13198 of Title 50, the 'Georgia Administrative Procedure Act':199 (1) May require any domestic, foreign, and alien insurer to file the required rates, rating200 plans, rating systems, underwriting rules, and policy or bond forms used independent of201 any filing made on its behalf or a s a member of a licensed rati ng organization, as the202 Commissioner shall deem to be necessary to ensure compliance with the standards of this203 chapter and Code Section 34-9-130 and for the best interests of the citizens of this state;204 (2) Shall require each domestic, foreign, and alien insurer, writing or authorized to write205 workers' compensation insurance in this state, to file such insurer's own individual rate206 filing for rates to be charged for workers' compensation insurance coverage written in this207 state. Such rates shall be developed and established after con sultation with the State208 Board of Workers' Compensation based upon each individual insurer's experience in the209 State of Georgia to the extent actuarially credible. The experience filed shall include the210 loss ratios, reserves, reserve development information, expenses, including commissions211 paid and dividends paid, investment income, pure premium data a djusted for loss212 development and loss trending, profits, and all other data and information used by that213 insurer in formulating its workers' compensation rates which are used in this state and any214 other information or data required by the Commissioner. In establishing and maintaining215 loss reserves, no workers' compensation insurer shall be allowed to maintain any excess216 loss reserve for any claim or potential claim for more than 90 days after the amount of217 liability for such claim or potential claim has been establishe d, whether by final218 judgment, by settlement agreement, or otherwise. This limitation on the maintenance of219 loss reserves shall be enforced through this Code section, as w ell as through Code220 Section 33-9-23, relating to examination of admitted insurers, and any other appropriate221 enforcement procedures. The Commissioner is authorized to acce pt such rate222 S. B. 603 - 9 - 26 LC 65 0056 classifications as are reasonable and necessary for compliance with this chapter. A rate223 filing required by this paragraph shall be updated by the insurer at least once every two224 years; and225 (3) As used in paragraph (2) of this subsection, the term 'excess loss reserve' means any226 reserve amount in excess of the reserve required by law.227 (b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state228 must shall file with the Commissioner any rate, rating plan, rating system, or underwriting229 rule for all personal private passenger motor vehicle insurance:230 (1) For private passenger motor vehicle insurance providing on ly the mandatory231 minimum limits required by Code Section 33-34-4 and subsection (a) of Code232 Section 40-9-37, and no such rate, rating plan, rating system, or underwriting rule shall233 become effective, nor may any premium be collected by any insurer thereunder, unless234 the filing has been received by the Commissioner in his or her office and such filing has235 been approved by the Commissioner or a period of 45 60 days has elapsed from the date236 such filing was received by the Commissioner during which time such filing has not been237 disapproved by the Commissioner. The Commissioner shall be authorized to extend such238 45 60 day period by no more than 55 40 days at his or her discretion. If a filing is239 disapproved, notice of such disapproval order shall be given within 100 days of receipt240 of filing by the Commissioner, specifying in what respects such filing fails to meet the241 requirements of this chapter. The filer shall be given a hearing upon written request made242 within 30 days after the issuance of the disapproval order, and such hearing shall243 commence within 30 days after such request unless postponed by mutual consent. Such244 hearing, once commenced, may be postponed or recessed by the Commissioner only for245 weekends, holidays, or after normal working hours or at any time by mutual consent of246 all parties to the hearing. The Commissioner may also, at his or her discretion, recess any247 hearing for not more than two recess periods of up to 15 consec utive days each. In248 connection with any hearing or judicial review with respect to the approval or disapproval249 S. B. 603 - 10 - 26 LC 65 0056 of such rates, the burden of persuasion shall fall upon the affected insurer or insurers to250 establish that the challenged rates are adequate, not excessive , and not unfairly251 discriminatory, and not unjustifiably increased. After such a hearing, the Commissioner252 must shall affirm, modify, or reverse his or her previous action within t he time period253 provided in subsection (a) of Code Section 33-2-23 relative to orders of the254 Commissioner. The requirement of approval or disapproval of a rate filing by the255 Commissioner under this subsection shall not prohibit actions b y the Commissioner256 regarding compliance of such rate filing with the requirements of Code Section 33-9-4257 brought after such approval or disapproval.258 (2) For personal private passenger motor vehicle insurance other than that described in259 paragraph (1) of this subsection, such rate, rating plan, rating system, or underwriting rule260 for all such personal private passenger motor vehicle insurance shall be effective 60 days261 after such filing and shall be implemented without approval of the Commissioner, unless262 an earlier effective date is authorized by the Commissioner or a later effective date is263 specified by the insurer. This paragraph shall apply to the en tire personal private264 passenger motor vehicle insurance policy with limits above the mandatory minimum265 required by Code Section 33-34-4 and subsection (a) of Code Section 40-9-37 and shall266 apply to the entire personal private passenger motor vehicle policy with minimum limits267 if such policy has any additional nonmandatory coverage or coverages.268 (3) Notwithstanding the provisions of paragraphs (1) and (2) o f this subsection, an269 insurer may, but shall not be required to, file its rate, ratin g plan, rating system, or270 underwriting rule for all such personal private passenger motor vehicle insurance271 provided for in paragraphs (1) and (2) of this subsection under the filing process of272 paragraph (1) of this subsection.273 (c) When a rate filing of an insurer required under paragraph (1) of subsection (b) of this274 Code section is not accompanied by the information upon which the insurer supports the275 filing and the Commissioner does not have sufficient information to determine whether the276 S. B. 603 - 11 - 26 LC 65 0056 filing meets the requirements of this chapter, then the Commiss ioner shall request in277 writing, within 20 days of the date he or she receives the fili ng, the specifics of such278 additional information as he or she requires, and the insurer s hall be required to furnish279 such information, and in such event the 45 60 day period provided for in paragraph (1) of280 subsection (b) of this Code section shall commence as of the da te such information is281 furnished.282 (d) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state283 must shall file with the Commissioner any rate, rating plan, rating system, or underwriting284 rule at least 45 60 days prior to any indicated effective date for all insurance o ther than285 personal private passenger motor vehicle insurance. No rate, rating plan, rating system, or286 underwriting rule required to be filed under this subsection will become effective, nor may287 any premium be collected by any insurer thereunder, unless the filing has been received by288 the Commissioner in his office not less than 45 60 days prior to its effective date.289 (e) When a rate filing of an insurer required under subsection (d) of this Code section290 results in any increase that impacts insurance consumers or pol icyholders, such insurer291 shall submit to the Commissioner a detailed actuarial report demonstrating the necessity292 of the proposed rate increase based on claims trends, risk factors, and financial solvency;293 a breakdown of administrative expenses, claim costs, and antici pated profit margins; a294 statement on how the proposed rate increase shall affect policyholders, including families,295 small businesses, and commercial enterprises in this state; historical past rate changes and296 corresponding justifications for the preceding five years; and any other documents deemed297 necessary by the advocate or the Commissioner. When a rate filing of an insurer required298 under subsection (d) of this Code section results in any overall rate increase of 10 percent299 or more within any 12 month period, the Commissioner shall order an examination of that300 insurer to determine the accuracy of the claim reserves, the ap plicability of the claim301 reserve practices for the loss data used in support of such filing, and any other component302 of the rate filing; provided, however, that in the event the overall increase is less than 25303 S. B. 603 - 12 - 26 LC 65 0056 percent within any 12 month period and the Commissioner affirmatively determines that304 he or she has sufficient information to evaluate such rate increase and that the cost thereof305 would not be justified, he or she may waive all or part of such examination. In all other306 rate filings required under subsection (d) of this Code section, the Commissioner may order307 an examination of that insurer as provided in this subsection. Such examination shall be308 conducted in accordance with the provisions of Chapter 2 of this title. Upon notification309 by the Commissioner of his or her intent to conduct such examination, the insurer shall be310 prohibited from placing the rates so filed in effect until such examination has been311 reviewed and certified by the Commissioner as being complete. Such examination, if312 conducted by the Commissioner, shall be reviewed and certified within 90 days of the date313 such rate, rating plan, rating system, or underwriting rule is filed; provided, however, that314 if the Commissioner makes an affirmative finding that the exami nation may not be315 completed within the 90 day period, he or she may extend such time for one additional 60316 day period completed and reviewed by the advocate and the Commissioner has approved317 or disapproved the rate filing. Any examination required under this Code section shall be318 conducted in accordance with Chapter 2 of this title.319 (f) Notwithstanding the provisions of subsection (d) of this Code section, in the event the320 filing of any rate, rating plan, rating system, or underwriting rule under subsection (d) of321 this Code section is not necessary, in the judgment of the Commissioner, to accomplish the322 purposes of this chapter as set forth in Code Section 33-9-1, then the Commissioner may323 exempt all domestic, foreign, and alien insurers from being required to file such rate, rating324 plan, rating system, or underwriting rule.325 (g) Filings required pursuant to this Code section shall be accompanied by a fee or fees as326 provided in Code Section 33-8-1.327 (h) All filings related to rate i ncreases shall be made availa ble on the office's public328 website within ten days of submission, as provided under Articl e 4 of Chapter 18 of329 Title 50."330 S. B. 603 - 13 - 26 LC 65 0056 SECTION 10.331 Said title is further amended in said chapter by revising Code Section 33-9-21.2, relating to332 petition for hearing by aggrieved insurer, as follows:333 "33-9-21.2.334 (a) The Commissioner shall only approve a proposed rate, rating plan, rating system, or335 underwriting rule that results in an increase if such increase is:336 (1) Supported by clear and compelling data;337 (2) Necessary to ensure the insurer's financial stability; and338 (3) Not excessive, inadequate, or unfairly discriminatory to i nsurance consumers or339 policyholders.340 (b) The Commissioner shall disapprove any proposed rate, rating plan, rating system, or341 underwriting rule that results in an increase that fails to comply with the requirements of342 this chapter.343 (c) Any insurer aggrieved by the Commissioner's disapproval of an y rate filing may344 petition the Commissioner for a hearing within ten days of the notification of such345 disapproval, unless otherwise specifically provided by law. A hearing conducted pursuant346 to this Code section shall be conducted in accordance with the provisions of Chapter 2 of347 this title. The insurance consumer and policyholder advocate is authorized to participate348 in such hearing and in any appeal therefrom."349 SECTION 11.350 Said title is further amended in said chapter by revising Code Section 33-9-26, relating to351 review of rate, rating plan, rating system, or underwriting rul e by insurer or rating352 organization, as follows:353 "33-9-26.354 (a) Any person aggrieved by any rate charged, rating plan, rating system, or underwriting355 rule followed or adopted by an insurer or rating organization m ay request the insurer or356 S. B. 603 - 14 - 26 LC 65 0056 rating organization to review the manner in which the rate, plan, system, or rule has been357 applied with respect to insurance afforded him. The request ma y be made by his358 authorized representative and shall be written. If the request is not granted within 30 days359 after it is made, the requestor may treat it as rejected.360 (b) Any person aggrieved by any rate charged, rating plan, rating system, or underwriting361 rule followed or adopted by an insurer or rating organization or the action of an insurer or362 rating organization in refusing the review requested or in failing or refusing to grant all or363 part of the relief requested may file a written complaint and r equest for hearing with the364 Commissioner, specifying the grounds relied upon.365 (c) The insurance consumer and policyholder advocate shall review and investigate any366 written complaint as provided for in subsection (b) of this Code section and, on his or her367 own initiative, may review and investigate any rate, rating pla n, rating system, or368 underwriting rule proposed, followed, or adopted by an insurer or rating organization. If369 the Commissioner has information concerning a similar complaint , he may deny the370 hearing. If he believes that probable cause for the complaint does not exist or that the371 complaint is not made in good faith, he shall deny the hearing. Otherwise, and if he372 (d) If the advocate finds that the complaint charges a violation of this chapter and that the373 complainant would be aggrieved if the violation is proven, he or if the advocate finds a374 violation of this chapter based on his or her investigation, th e advocate shall request a375 hearing before the Commissioner and such complaint shall proceed as provided in Code376 Section 33-9-27."377 SECTION 12.378 Said title is further amended in said chapter by revising Code Section 33-9-28, relating to379 conduct of hearing by Commissioner upon failure to correct nonc ompliance, notice of380 hearing, and matters considered at hearing, as follows:381 S. B. 603 - 15 - 26 LC 65 0056 "33-9-28.382 If the Commissioner has good cause to believe the noncompliance to be willful, or, if383 within the period prescribed by the Commissioner in the notice required by Code384 Section 33-9-27, the insurer, organization, group, or association does not make the changes385 necessary to correct the noncompliance specified by the Commissioner or establish to the386 satisfaction of the Commissioner that the specified noncompliance does not exist, then the387 Commissioner may hold a public hearing in connection with the noncompliance, provided388 that within a reasonable period of time, which shall be not less than ten days before the date389 of the hearing, he shall mail written notice specifying the matters to be considered at the390 hearing to the insurer, organization, group, or association. If no notice has been given as391 provided in Code Section 33-9-27, the notice provided for in this Code section shall state392 to the extent practicable in what manner such noncompliance is alleged to exist. The393 hearing shall not include any additional subjects not specified in the notices required by394 Code Section 33-9-27 or this Code section. The insurance consu mer and policyholder395 advocate shall represent the interests of insurance consumers and policyholders before the396 Commissioner."397 SECTION 13.398 This Act shall become effective on July 1, 2026, and shall appl y to all policies issued,399 delivered, issued for delivery, or renewed in this state on or after such date.400 SECTION 14.401 All laws and parts of laws in conflict with this Act are repealed.402 S. B. 603 - 16 -