05 LC 28
2105
Senate
Bill 102
By:
Senators Rogers of the 21st, Hudgens of the 47th, Stephens of the 27th, Mullis
of the 53rd, Smith of the 52nd and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating
to group accident and sickness insurance, so as to clarify a definition; to
require that insurers offering coverage in the individual market must
participate in the assigned risk pool and may take adverse underwriting action
on the basis of permitted health status factors and other evidence of
insurability; 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
30 of Title 33 of the Official Code of Georgia Annotated, relating to group
accident and sickness insurance, is amended by striking subsection (b) of Code
Section 33-30-1, relating to definitions of group accident and sickness
insurance and association, and inserting in lieu thereof a new subsection (b) to
read as follows:
"(b)(1)
As used in this chapter, the term 'true association' means an organization
that:
(1)
(A)
Has been in existence for at least five years;
(2)
(B)
Has been formed and maintained in good faith for purposes other than obtaining
insurance;
(3)
(C)
Does not condition membership in the association on any health status related
factor relating to an individual (including an employee of an employer or a
dependent of an employee);
(4)
(D)
Makes health insurance coverage offered through the association available to all
members regardless of any health status related factor relating to such members
(or individual eligible for coverage through a member);
(5)
(E)
Does not make health insurance coverage offered through the association
available other than in connection with a member of the association;
and
(6)
(F)
Meets such additional requirements as may be imposed under Georgia law or
regulation.
(2)
The term 'true association' does not include associations defined in paragraph
(2) of subsection (a) of this Code
section."
SECTION
2.
Said
chapter is further amended by adding a new subsection (h) to Code Section
33-30-15, relating to continuation of similar coverage, preexisting conditions,
and procedures and guidelines, to read as follows:
"(h)
To the extent that an insurer is offering coverage in the individual market, as
defined in the Health Insurance Portability and Accountability Act of 1996, 42
U.S.C. Section 300gg-91(e)(1), the insurer must participate in the assigned risk
pool established in Chapter 29A of this title and may take adverse underwriting
action on the basis of permitted health status factors and other evidence of
insurability."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.