---
title: O.C.G.A. § 33-20E-10. Dismissal of arbitration requests.
collection: code
id: 33-20E-10
cite_as: O.C.G.A. § 33-20E-10 (2025)
canonical_url: https://georgiacommons.org/code/33-20E-10
md_url: https://georgiacommons.org/code/33-20E-10.md
text_url: https://georgiacommons.org/code/33-20E-10/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t33-ch1-22-(v24)-pdf.pdf?sfvrsn=7cbbe9cb_0#page=199
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: INSURANCE / SURPRISE BILLING CONSUMER PROTECTION ACT
---

# O.C.G.A. § 33-20E-10. Dismissal of arbitration requests.

(a) The Commissioner shall dismiss certain requests for arbitration if the disputed claim is:

(1) Related to a healthcare plan that is not regulated by the state;

(2) The basis for an action pending in state or federal court at the time of the request for arbitration;

(3) Subject to a binding claims resolution process entered into prior to July 1, 2021;

(4) Made against a healthcare plan subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001, et seq.; or

(5) In accord with other circumstances as may be determined by department rule.

(b) The Commissioner may dismiss certain requests for arbitration in the following circumstances:

(1) The provider or facility has engaged in a pattern or practice of any of the following:

(A) Failing to respond to the department’s requests for data under Code Section 33-20E-11.1;

(B) Failing to respond to the department’s other inquires after filing requests for arbitration; or

(C) Failing to pay resolution organizations as required under Code Section 33-20E-16;

(2) The provider or facility failed to file its request for arbitration within 60 days of receipt of payment for the claim and concurrently provide the insurer with a copy of such request; or

(3) The provider or facility failed to explain in detail the reasons arbitration is needed. Such explanation shall include a representation as to whether the insurer’s payment was in accord with the relevant provisions of Code Sections 33-20E-4 or 33-20E-5 if the party requesting arbitration is an out-of-network provider, and Code Section 33-20E-4 if the requesting party is out-of-network facility. If such payment was in such accord, the explanation shall provide in detail the complexity and circumstances of the services provided which necessitate additional payment.

## History

Code 1981, § 33-20E-10, enacted by Ga. L. 2020, p. 210, § 1/HB 888; Ga. L. 2023, p. 304, § 4/HB 295, effective July 1, 2023.

## Amendments

The 2023 amendment, effective July 1, 2023, added the subsection (a) designation and added subsection (b).