08 LC 33 2509S
(SCS)
Senate
Bill 504
By:
Senators Hill of the 32nd, Hudgens of the 47th, Goggans of the 7th, Seabaugh of
the 28th, Rogers of the 21st and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating
to insurance generally, so as to provide that a religious nonprofit organization
which enters into a health care cost sharing arrangement with its members shall
not be considered an insurance company, health maintenance organization, or
health benefit plan of any class, kind, or character and shall not be subject to
any laws related to such; to provide for definitions; to provide for related
matters; to provide for applicability; to repeal conflicting laws; and for other
purposes.
SECTION
1.
Chapter
1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance
generally, is amended by adding a new Code section to read as
follows:
"33-1-19.
(a)
As used in this Code section, the term:
(1)
'Health care cost sharing arrangement' means an arrangement between a religious
nonprofit organization and members of such organization in which the nonprofit
organization:
(A)
Acts as an organizational clearinghouse for information between members or
subscribers who have financial, physical, or medical needs and members or
subscribers with the present ability to assist those with present financial or
medical needs;
(B)
Provides for the financial or medical needs of a member or subscriber through
gifts directly from one member or subscriber to another, which may be
accomplished by a trust established solely for the benefit of members or
subscribers, which trust is audited annually by an independent auditing
firm;
(C)
Provides amounts that members or subscribers may give with no assumption of risk
or promise to pay either among the members or subscribers or between the members
or subscribers and such nonprofit organization;
(D)
Provides a written monthly statement to all members or subscribers listing the
total dollar amount of qualified needs submitted to such nonprofit organization,
as well as the amount actually published or assigned to members or subscribers
for voluntary payment; and
(E)
Provides the following written disclaimer in substantially the same form on or
accompanying all promotional documents distributed by or on behalf of the
nonprofit organization, including applications and guideline
materials:
'NOTICE:
This publication is not an insurance policy nor is it offered through an
insurance company. Whether anyone chooses to assist you with your medical bills
will be totally voluntary, as no other subscriber or member will be compelled to
contribute toward your medical bills. As such, this publication should never be
considered to be insurance. Whether you receive any payments for medical
expenses and whether or not this publication continues to operate, you are
always personally responsible for the payment of your own medical
bills.'
(2)
'Nonprofit organization' means a nonprofit corporation qualified as exempt from
federal income taxation under Section 501(c) of the Internal Revenue
Code.
(b)
A religious nonprofit organization which has entered into a health care cost
sharing arrangement with its members shall not be considered an insurance
company, health maintenance organization, or health benefit plan of any class,
kind, or character and shall not be subject to any laws respecting insurance
companies, health maintenance organizations, or health benefit plans of any
class, kind, or character in this state or regulation under such laws,
including, but not limited to, the provisions of this title, and shall not be
subject to the jurisdiction of the Commissioner of Insurance."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.