05 LC 33
0674
House
Bill 330
By:
Representatives Gardner of the
57th,
Harbin of the
118th,
Morgan of the
39th,
Drenner of the
86th,
Hugley of the
133rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating
to insurance generally, so as to provide for definitions; to provide for the
establishment of a task force to study the consumer protection provisions in the
Georgia Insurance Code; to provide for the study of the impact of health
insurance mandates; to provide for the membership and appointment of members of
such task force; to provide for reports and recommendations from such task
force; to provide for the dissolution of the task force; to require that any new
mandated health care benefits be studied by the task force prior to being acted
upon by the General Assembly; to provide for applicability; to provide for
related matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance
generally, is amended by adding a new Article 5 to read as follows:
"ARTICLE
5
33-24-110.
(a)
As used in this Code section, the term:
(1)
'Health insurance issuer' means any entity that provides health insurance
coverage in this state.
(2)
'Mandated health benefit' means a benefit or coverage that is required by law to
be offered or provided by a health insurance issuer and includes coverage for
specific health care services, treatments, or practices; the offering of
specific health care services, treatments, or practices; or the process by which
a benefit for coverage must be offered or provided.
(b)
There is established the Task Force to Study Consumer Protection Provisions in
the Georgia Insurance Code. The task force shall consist of 17 members as
follows:
(1)
The Commissioner of Insurance or his or her designee, who shall act as the
chairperson of the task force;
(2)
The chairperson of the Senate Insurance and Labor Committee or his or her
designee from such committee;
(3)
The chairperson of the House Committee on Insurance or his or her designee from
such committee;
(4)
The chairperson of the Senate Health and Human Services Committee or his or her
designee from such committee;
(5)
The chairperson of the House Committee on Health and Human Services or his or
her designee from such committee;
(6)
The commissioner of community health or his or her designee;
(7)
Two members to be appointed by the Governor, one of whom must be a
representative of a company that employs ten or fewer employees and one of whom
must be a member of the general public who is not associated with health care
providers;
(8)
Four members who shall be consumer advocate members, two of whom shall be
appointed by the Speaker of the House of Representatives and two of whom shall
be appointed by the Senate Committee on Assignments; and
(9)
Five members appointed as follows:
(A)
One member shall be a representative of the Georgia Association of Health
Plans;
(B)
One member shall be a representative of the National Federation of Independent
Business;
(C)
One member shall be a representative of the Georgia Hospital
Association;
(D)
One member shall be a representative of the Medical Association of Georgia;
and
(E)
One member shall be an appointee of the Georgia State University Center on
Health Policy.
(c)
Vacancies in the task force shall be filled by appointment in the manner of the
original appointment.
(d)
No business other than that necessary to establish the task force may be
conducted until all 17 members have been appointed. The chairperson shall
convene the first meeting of the task force within 30 days after the effective
date of this Code section.
(e)
The task force may hold public hearings, conduct research, receive the testimony
of experts, review for purposes of comparison the mandated health benefits upon
health insurance issuers in other states and jurisdictions and the effects of
such mandates, and take such other actions the task force determines appropriate
for the completion of its assigned task. At a minimum, the task force shall
inquire into and make recommendations with respect to:
(1)
Each and every state mandated health benefit placed upon health insurance
issuers in Georgia since 1990; and
(2)
The impact of each such mandated health benefit on the premiums for health
insurance coverage in Georgia and the ability of all Georgians to continue to
afford health care coverage.
(f)
The task force shall make a final report with recommendations to the General
Assembly no later than January 1, 2007. Upon submission of such final report
and recommendations, the task force shall be dissolved by operation of law.
Until such time as the task force makes its final report, mandated health
benefits beyond those required as of January 1, 2005, may be imposed on a
health insurance issuer doing business in this state only after at least a
six-month review by the task force, submission of a written report to the
members of the General Assembly, and subsequent passage by the General Assembly
and enactment into law. Nothing in this Code section shall be construed to
prohibit any health insurance issuer from voluntarily expanding coverage or to
prohibit any individual or employer from electing to expand coverage on any
health maintenance organization contract or individual or group health insurance
policy or contract covering the individual, the employer, or employees of the
employer as
applicable."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.