Georgia Commons

Title 33. INSURANCE

Chapter 24. INSURANCE GENERALLY

143 sections · 33-24-1 to 33-24-98

Article 1. GENERAL PROVISIONS

  1. 33-24-1Definitions.
  2. 33-24-2Applicability of chapter.
  3. 33-24-3Insurable interest; personal insurance.
  4. 33-24-4Insurable interest; property insurance.
  5. 33-24-5Persons having capacity to contract for insurance; purchase of insurance by or for minors; rescission, avoidance, or repudiation of contracts by minors.
  6. 33-24-6Consent of insured to insurance contract; exceptions; reliance by insurer on statements in application.
  7. 33-24-6.1Prerequisites for replacement life insurance exceeding insurance being surrendered.
  8. 33-24-7Statements and descriptions in applications or in negotiations deemed representations and not warranties; effect of misrepresentations upon recovery under policies.
  9. 33-24-8Admissibility in evidence of applications in actions between insurer and insured.
  10. 33-24-9Approval or disapproval of forms.
  11. 33-24-10Grounds for disapproval of forms.
  12. 33-24-10.1Standard or uniform claim form.
  13. 33-24-11Waiver by Commissioner of use of standard or uniform provisions in policies or contracts; approval of use of substitute provisions.
  14. 33-24-12Noncomplying conditions or provisions; cancellation of contracts covering uninsurable subjects.
  15. 33-24-13Execution of policies; use of facsimile signatures.
  16. 33-24-14(See Editor’s notes.) Delivery of policies; applicability of Uniform Electronic Transactions Act; additional mailings.
  17. 33-24-14.1Electronic delivery of plan documentation.
  18. 33-24-15When policies or contracts become effective.
  19. 33-24-16Construction of policies.
  20. 33-24-16.1Clarification of term ‘‘actual charge’’ or ‘‘actual fee’’.
  21. 33-24-17Assignment of policies.
  22. 33-24-18Contents of insurance policies and annuity contracts generally.
  23. 33-24-19Incorporation of constituent documents in policies.
  24. 33-24-19.1Certificate of insurance forms to be approved by Commissioner; definitions; required provisions of certificate.
  25. 33-24-20Provision in accident and sickness policies for termination of coverage of surviving spouse or as result of break in marital relationship; issuance of policy to spouse.
  26. 33-24-21Provision in accident and sickness policies for termination of group coverage of surviving spouse or as result of break in marital relationship; issuance of policy to spouse.
  27. 33-24-21.1Group accident and sickness contracts; conversion privilege and continuation right provisions; impact of federal legislation.
  28. 33-24-21.2Continuation of coverage under group accident and sickness plans for persons 60 years of age or older.
  29. 33-24-22Provision in health insurance policies for coverage of newly born or adopted children.
  30. 33-24-23Provision in group policies of accident and sickness insurance for exclusion or reduction of benefits.
  31. 33-24-24Provision in group or blanket accident and sickness policies of coverage for complications of pregnancy.
  32. 33-24-25Provisions in group or blanket policies excluding or reducing coverage of persons eligible for or receiving medical assistance.
  33. 33-24-26Provisions limiting or restricting payment of benefits for preexisting illnesses or conditions.
  34. 33-24-26.1Provisions required in group policies or contracts of disability income insurance covering preexisting conditions; restrictions on preexisting condition limitations or exclusions.
  35. 33-24-27Provision for reimbursement for services within the lawful scope of practice of psychologists or chiropractors.
  36. 33-24-27.1Provision for reimbursement for services within the lawful scope of practice of optometrists.
  37. 33-24-27.2Provision for reimbursement for services within the lawful scope of practice of athletic trainers.
  38. 33-24-28Termination of coverage of dependent child upon attainment of specified age.
  39. 33-24-28.1Coverage of treatment of mental health or substance use disorders.
  40. 33-24-28.2Coverage of outpatient surgery.
  41. 33-24-28.3Policies not to exclude payment to hospitals specializing in treatment of alcoholics or drug addicts.
  42. 33-24-28.4Coverage of general anesthesia and hospital or ambulatory surgical facility charges for certain dental care.
  43. 33-24-29Coverage for treatment of mental disorders under accident and sickness insurance benefit plans providing major medical benefits covering small groups; federal law.
  44. 33-24-29.1Coverage for mental disorders under accident and sickness insurance benefit plans providing major medical benefits covering all groups except small groups.
  45. 33-24-30Excluding or denying coverage on basis of violation of civil air regulations.
  46. 33-24-30.1Excluding or denying coverage on basis of lawful firearms possession.
  47. 33-24-31Provision in group disability income policies for offsetting of increased social security benefits.
  48. 33-24-32Underwriters’ and combination policies.
  49. 33-24-33Binders and other contracts for temporary insurance.
  50. 33-24-34Authorization of group insurance for government employees; deduction of premiums from wages or salaries.
  51. 33-24-35Withdrawal or retirement from group insurance plan.
  52. 33-24-36Effect of government employee group insurance upon rights under Workers’ Compensation Act.
  53. 33-24-37Effect of government employee group insurance upon local and special laws.Repealed
  54. 33-24-38Renewal or extension of policies by certificate or endorsement.
  55. 33-24-39Insurers to furnish forms for proof of loss; effect of furnishing or failure to furnish forms.
  56. 33-24-40Acts of claims administration not to be deemed waiver of policies or defenses under policies.
  57. 33-24-41Discharge of insurer by payment generally.
  58. 33-24-41.1Motor vehicle accident claim covered by two or more insurance carriers; limited release.
  59. 33-24-41.2Written notice by insurer to claimant of payment of claim in third-party settlement.
  60. 33-24-42Payment of claims in event of simultaneous deaths.
  61. 33-24-43Medium of payment.
  62. 33-24-44Cancellation of policies generally.
  63. 33-24-44.1Procedure for cancellation by insured and notice.
  64. 33-24-45Cancellation or nonrenewal of automobile or motorcycle policies; procedure for review by Commissioner.
  65. 33-24-46Cancellation or nonrenewal of certain property insurance policies.2 versions
  66. 33-24-47Notice required of termination or nonrenewal, increase in premium rates, or change restricting or reducing coverage; failure of insurer to comply.
  67. 33-24-47.1Notice prior to cancellation or nonrenewal of individual or group accident and sickness policy.
  68. 33-24-48Acceptance of surety insurance companies as sureties upon bonds of persons or corporations; rights and liabilities of corporate sureties.
  69. 33-24-49Deposit of funds covered by bonds.
  70. 33-24-50Action as sureties upon guaranteed arrest bond certificates; acceptance of certificates.
  71. 33-24-51Purchase of insurance covering injuries resulting from governmental ownership and use of motor vehicles; waiver of governmental immunity; limitation of liabilities.
  72. 33-24-52Direct response insurance business.
  73. 33-24-53Solicitation, release, or sale of automobile accident information prohibited; definitions; exceptions; penalties.
  74. 33-24-54Payments to nonparticipating or nonpreferred providers of health care services.
  75. 33-24-55Health insurance; recovery rights of state for payments made under Medicaid; rights of children to coverage; requirements for insurers under orders to provide coverage.
  76. 33-24-56Prohibition against requiring referral from primary care physician to dermatologist.
  77. 33-24-56.1Reimbursement of medical expense or disability benefit providers in personal injury cases; subrogation prohibited; notice.
  78. 33-24-56.2Surveillance tests for ovarian cancer.
  79. 33-24-56.3Colorectal cancer screening and testing.
  80. 33-24-56.4Short title; definitions; payment for telehealth services.
  81. 33-24-56.5Health benefit policy to provide coverage for orally administered chemotherapy for the treatment of cancer; definitions.
  82. 33-24-57Health insurance; provision that coverage cannot be terminated due to individual claims experience required.
  83. 33-24-57.1Health insurance identification card; issue required; contents; updating; social security numbers not to be displayed.
  84. 33-24-58Newborn Baby and Mother Protection Act; short title.
  85. 33-24-58.1Newborn Baby and Mother Protection Act; legislative findings and declaration.
  86. 33-24-58.2Newborn Baby and Mother Protection Act; minimum health benefit policy coverage; prohibited actions by insurance providers; required notice to mother.
  87. 33-24-59Women’s access to health care; health insurance; provision disclosing insured’s right to direct access to obstetricians and gynecologists required.
  88. 33-24-59.1Coverage for treatment of dependent children with cancer.
  89. 33-24-59.2Coverage for equipment and self-management training for individuals with diabetes; enforcement.
  90. 33-24-59.3Payments sent directly to health care provider by insurer.
  91. 33-24-59.4Confidentiality of medical information obtained from pharmacies; restrictions on release of information; penalty for violation.
  92. 33-24-59.5Definitions; timely payment of health benefits; notification of failure to pay; penalties; applicability.
  93. 33-24-59.6Prescribed female contraceptive drugs or devices; insurance coverage.
  94. 33-24-59.7Coverage for the treatment of morbidly obese patients; short title; legislative findings; adoption of rules and regulations by Commissioner.
  95. 33-24-59.8Coverage for prescription inhalers; no restriction on the number of days before obtaining a refill as prescribed.
  96. 33-24-59.9Registered nurse first assistants.
  97. 33-24-59.10Coverage for autism.
  98. 33-24-59.11Insurance coverage for prescription drugs used in manner different than use authorized by FDA.
  99. 33-24-59.12Patient access to eye care.
  100. 33-24-59.13Exemptions from certain unfair trade practices for certain wellness and health improvement programs; incentives.
  101. 33-24-59.14Definitions; prompt pay requirements; penalties.
  102. 33-24-59.15Definitions; dental insurance; prohibited activities.2 versions
  103. 33-24-59.16Equal access to child’s health insurance information; exceptions.
  104. 33-24-59.17Coverage of certain abortions through certain qualified health plans prohibited; definitions.
  105. 33-24-59.18Coverage for treatment of a terminal condition.
  106. 33-24-59.19Coverage for treatment of burns with skin substitutes utilizing cryopreserved cadaver derived skin tissue.
  107. 33-24-59.20Access to stage four advanced, metastatic cancer treatments in health benefit plans.
  108. 33-24-59.21Health plans to provide coverage for hearing aids for certain individuals; frequency of replacement; coverage of services and supplies; options for higher priced devices.
  109. 33-24-59.22Prescription drug program defined; cost sharing; denial of coverage; dispensing fees.
  110. 33-24-59.23Carrier issuing health benefit plans to pay insurance agent’s commissions; regulation.
  111. 33-24-59.24Restrictions on payment methods prohibited; waiver of provisions prohibited; enforcement.
  112. 33-24-59.25Establishment by health benefit plans of step therapy protocols; exception process; time requirements; appeals; construction; application.
  113. 33-24-59.26Limitation on definition of ‘‘preexisting condition’’.
  114. 33-24-59.27Right to shop for insurance coverage; disclosure of pricing information; notice.
  115. 33-24-59.28Insurer obligations for early prescription refills during emergencies.
  116. 33-24-59.29Copayments.
  117. 33-24-59.30Requirements for health insurance issuer for anatomical gifts or organ transplants; medically inappropriate organ transplants.
  118. 33-24-59.31When a value-added product or service is not an unfair trade practice or unlawful inducement.
  119. 33-24-59.32Cost-sharing requirements for diagnostic and supplemental breast screening examinations.
  120. 33-24-59.33Required coverage for biomarker testing.
  121. 33-24-59.34Required medical coverage for standard fertility preservation services.
  122. 33-24-59.35Required coverage orthotic devices and prosthetic devices; reporting; regulation.
  123. 33-24-59.36Required coverage for healthcare services for PANDAS or PANS.

Article 2. ASSESSMENT OF PROPOSED ACCIDENT AND SICKNESS INSURANCE COVERAGE

  1. 33-24-60Short title.
  2. 33-24-61Legislative findings and intent.
  3. 33-24-62‘‘Health insurance benefit bill’’ defined.
  4. 33-24-63Review of health insurance benefit bill by General Assembly; Commissioner to issue report on bill.
  5. 33-24-64Contents of report by Commissioner on health insurance benefit bills.
  6. 33-24-65Public hearing.
  7. 33-24-66Evidence, testimony, and information necessary to prepare report under Code Section 33-24-63; time period for issuing of reports on bill.
  8. 33-24-67Rules and regulations.

Article 3. BREAST CANCER PATIENT CARE

  1. 33-24-70Short title.
  2. 33-24-71Legislative findings.
  3. 33-24-72Mastectomy; lymph node dissection; coverage for inpatient care and follow-up visits required by health insurers; notice to policyholders.

Article 4. UNDERWRITING AND RATE RISKING

  1. 33-24-90Definitions.
  2. 33-24-91Use of credit information to underwrite or rate risks.
  3. 33-24-92Disputed items in credit report.
  4. 33-24-93Disclosure by insurer of use of credit information.
  5. 33-24-94Adverse action based on credit information; notice to consumer.
  6. 33-24-95Filing scoring models with Commissioner; confidential nature of filing.
  7. 33-24-96Insurer obligation to indemnify and defend agents.
  8. 33-24-97Consumer reporting agency disclosure of insurance information; applicability to motor vehicle reports.
  9. 33-24-98Use of insurance scores permitted.