---
title: O.C.G.A. § 33-24-28.1. Coverage of treatment of mental health or substance use disorders.
collection: code
id: 33-24-28.1
cite_as: O.C.G.A. § 33-24-28.1 (2025)
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date: 2025
status: active
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heading_path: INSURANCE / INSURANCE GENERALLY / GENERAL PROVISIONS
---

# O.C.G.A. § 33-24-28.1. Coverage of treatment of mental health or substance use disorders.

(a) As used in this Code section, the term:

(1) “Accident and sickness insurance benefit plan, policy, or contract” means:

(A) An individual accident and sickness insurance policy or contract, as defined in Chapter 29 of this title; or

(B) Any similar individual accident and sickness benefit plan, policy, or contract.

(2) “Addictive disease” has the same meaning as in Code Section 37-1-1.

(3) “Mental health or substance use disorder” means a mental illness or addictive disease.

(4) “Mental illness” has the same meaning as in Code Section 37-1-1.

(b) Every insurer authorized to issue accident and sickness insurance benefit plans, policies, or contracts shall be required to make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed coverage for the treatment of mental health or substance use disorders for children, adolescents, and adults, which coverage shall be at least as extensive and provide at least the same degree of coverage as that provided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the insured if such insured’s spouse and dependents are covered under such benefit plan, policy, or contract.

(c) The optional endorsement required to be made available under subsection (b) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to the treatment of mental health or substance use disorders unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract.

(d) Nothing in this Code section shall be construed to prohibit an insurer, health care plan, health maintenance organization, or other person issuing any similar accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section.

(e) Nothing in this Code section shall be construed to prohibit the inclusion of coverage for the treatment of mental disorders that differs from the coverage provided in the same insurance plan, policy, or contract for physical illnesses if the policyholder does not purchase the optional coverage made available pursuant to this Code section.

(f) In the event that an insurer under this Code section is also subject to Code Section 33-1-27 and the federal Mental Health Parity Addiction Equity Act of 2008, 42 U.S.C. Section 300gg-26, then such Code section and federal act shall take precedence to the extent of any conflicting requirements contained in this Code section.

## History

Code 1933, § 56-2447, enacted by Ga. L. 1981, p. 896, § 1; Ga. L. 1984, p. 777, § 1; Ga. L. 1989, p. 14, § 33; Ga. L. 1998, p. 736, § 1; Ga. L. 2019, p. 386, § 43/SB 133; Ga. L. 2022, p. 26, § 1-5/HB 1013.

## Editor's Notes

Ga. L. 2022, p. 26, § 1-1/HB 1013, not codified by the General Assembly, provides that: “This part shall be known and may be cited as the ‘Georgia Mental Health Parity Act.‘”

Ga. L. 2022, p. 26, § 1-9/HB 1013, not codified by the General Assembly, provides that: “If necessary to implement any of the provisions of this part relating to the Medicaid program, the Department of Community Health shall submit a Medicaid state plan amendment or waiver request to the United States Department of Health and Human Services.”

Ga. L. 2022, p. 26, § 1-10/HB 1013, not codified by the General Assembly, provides that: “Nothing in this part shall be construed to impair any contracts in effect on June 30, 2022.”

## Law Reviews

For article, “HB 1013: Georgia Mental Health Parity Act,” see 39 Ga. St. U.L. Rev. 145 (2022).

## Amendments

The 2022 amendment, effective July 1, 2022, deleted former paragraph (a)(2), which read: “‘Mental disorder‘ shall have the same meaning as defined by The Diagnostic and Statistical Manual of Mental Disorders (American Psychiatric Association) or The International Classification of Diseases (World Health Organization) as of January 1, 1981, or as the Commissioner may further define such term by rule and regulation.” and added present paragraphs (a)(2) through (a)(4); in subsection (b), substituted “mental health or substance use disorders for children, adolescents, and adults” for “mental disorders” in the middle of the first sentence, and deleted the former last sentence, which read: “In no event shall such an insurer be required to cover inpatient treatment for more than a maximum of 30 days per policy year or outpatient treatment for more than a maximum of 48 visits per policy year under individual policies.”; substituted “mental health or substance use disorders” for “mental disorders” in the middle of subsection (c); and added subsection (f).