05 HB 320/AP
House
Bill 320 (AS PASSED HOUSE AND SENATE)
By:
Representatives Forster of the
3rd,
Knox of the
24th,
Meadows of the
5th,
Dodson of the
75th,
Watson of the
91st,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated,
relating to individual health insurance coverage availability and assignment
systems, so as to create the Commission on the Georgia Health Insurance Risk
Pool; to provide for its membership, duties, and functions; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
29A of Title 33 of the Official Code of Georgia Annotated, relating to
individual health insurance coverage availability and assignment systems, is
amended by designating the existing text as Article 1 and adding a new Article 2
to read as follows:
"ARTICLE
2
33-29A-20.
(a)
As used in this article, the term:
(1)
‘Commission’ means the Commission on the Georgia Health Insurance
Risk Pool.
(2)
‘Commissioner’ means the Commissioner of Insurance.
(3)
‘Eligible individual’ has the same meaning as specified in Sections
270l and 2741 of the federal Public Health Service Act, 42 U.S.C.A. Sections
300gg and 300gg-41.
(4)
‘Dependent’ means a spouse or unmarried child under 18 years of age
residing with the eligible individual or a child who is a full-time student
according to paragraph (3) of subsection (a) of Code Section 33-29-2 or
paragraph (4) of Code Section 33-30-4.
(5)
‘Insured’ means a resident who is eligible to receive benefits from
the pool.
(6)
‘Insurer’ means any entity authorized to write health insurance in
this state.
(7)
‘Pool’ means the Georgia Health Insurance Risk Pool.
(8)
‘Resident’ means an individual who has legally domiciled in Georgia
for a minimum of 90 days; who is legally domiciled in Georgia and eligible for
enrollment in the pool as a result of the federal Health Insurance Portability
and Accountability Act of 1996, P. L. 104-191; or is eligible for federal Health
Coverage Tax Credits.
(b)
Any other term which is used in this article and which is also defined in
Section 2791 of the federal Public Health Service Act, 42 U.S.C.A. Section
300gg-92, and not otherwise defined in this article shall have the same meaning
specified in said Section 2791.
33-29A-21.
(a)
There is created the Commission on the Georgia Health Insurance Risk Pool,
consisting of seven members appointed as provided in this Code section, to
conduct a feasibility study and provide recommendations for establishment of the
Georgia Health Insurance Risk Pool as an acceptable alternative mechanism, as
contemplated by Section 2741 of the federal Public Health Service Act, 42
U.S.C.A. Section 300gg-41, for coverage for uninsurable individuals and persons
eligible for federal Health Coverage Tax Credits. The commission shall exist
for such time as needed to carry out its duties and powers, but not beyond
June 30, 2006.
(b)
The Governor shall appoint one citizen of this state who is familiar with health
insurance matters to serve as chairperson who shall not vote except to break a
tie. The chairperson shall serve at the pleasure of the Governor.
(c)
The Senate Committee on Assignments shall appoint two members of the Senate and
one citizen of this state who is familiar with health insurance matters to the
commission.
(d)
The Speaker of the House of Representatives shall appoint two members of the
House of Representatives and one citizen of this state who is familiar with
health insurance matters to the commission.
(e)
The commission shall hold meetings at the call of the chairperson. A quorum
shall be a majority of the members of the commission.
(f)
Any legislative members of the commission shall receive the allowances provided
for in Code Section 28-1-8. Citizen members shall receive a daily expense
allowance in the amount specified in subsection (b) of Code Section 45-7-21 and
the same mileage or transportation allowance as authorized for state employees.
Any members of the commission who are state officials, other than legislative
members, or state employees shall receive no compensation for their services on
the commission, but shall be reimbursed for expenses incurred in the performance
of their duties as members of the commission in the same manner as they are
reimbursed for expenses in their capacities as state officials or employees.
Funds necessary for reimbursement of expenses of state officials, other than
legislative members, and state employees shall come from funds appropriated to
or otherwise available to their respective agencies or departments.
33-29A-22.
(a)
On or before December 15, 2005, the commission shall report to the Governor, the
President of the Senate, and the Speaker of the House of Representatives on any
recommendations for legislation and the results of an actuarial and feasibility
study conducted by the commission to determine, without limitation, the
following:
(1)
The impact that the creation of the pool will have on the small and large group
insurance markets and the individual market, on premiums paid by insureds,
including an estimate of total anticipated savings for all purchasers of health
insurance in this state;
(2)
The number of individuals and dependents the pool could reasonably cover at
various premium levels, along with cost estimates for such
coverage;
(3)
An analysis of various sources of funding and a recommendation as to the best
source of funding for the future anticipated deficits of the pool;
and
(4)
The impact that eligibility of persons qualifying for federal health coverage
tax credits will have on the pool.
(b)
The commission is authorized to:
(1)
Enter into contracts to carry out its powers and duties under this
article;
(2)
Appoint appropriate legal, actuarial, and other committees that are necessary to
provide technical assistance in carrying out the purposes of the
commission;
(3)
Evaluate cost containment measures and risk reduction practices, along with
opportunities for delivery of cost-effective health care services through the
pool; and
(4)
Evaluate the feasibility of a list of medical conditions for which a person
shall be eligible for pool coverage without applying for health
insurance.
(c)
The commission shall have authority to evaluate and apply for grants and
resources, public and private, for which it may qualify for executing its powers
and duties under this article, including, but not limited to, start-up funds for
state high risk pools under the federal Trade Act of 2002 or related legislation
to extend such funding and funds as they are available for expansion of coverage
to persons eligible for federal Health Coverage Tax Credits.
(d)
Not later than June 30, 2006, the commission shall make a final report to the
Governor, the General Assembly, and the Commissioner with all of its findings
and
recommendations."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.