08 LC 28
4252S
The
Senate Insurance and Labor Committee offered the following substitute to HB
544:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 33 of the Official Code of Georgia Annotated, relating to insurance,
so as to provide that any plan or arrangement established or maintained by two
or more accredited independent nonproprietary institutions of higher education
located in this state is not subject to the requirements relating to multiple
employer self-insured health plans; to provide that the Commissioner of
Insurance shall be authorized to allow health reimbursement arrangement only
plans that encourage employer financial support of health insurance or health
related expenses recognized under the rules of the federal Internal Revenue
Service to be approved for sale in connection with or packaged with individual
health insurance policies otherwise approved by the Commissioner; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
33 of the Official Code of Georgia Annotated, relating to insurance, is amended
by revising subsection (b) of Code Section 33-50-2, relating to a required
license for any multiple employer self-insured health plan to transact business
in this state and health plans of municipalities, counties, or other political
subdivisions, as follows:
"(b)
This chapter does not apply to any plan or arrangement established or maintained
by municipalities, counties, or other political subdivisions of
the
this
state; any multiple employer self-insured health plan which is not subject to
the application of state insurance laws under the provisions of the Employee
Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.; to
organizations established under the authority of or receiving funds pursuant to
42 U.S.C. Section 254(b) or 254(c), the federal Public Health Service Act; any
other nonprofit organization exempt from federal taxation whose primary purpose
is providing access to primary health care services for indigent citizens of
Georgia; or
to any plan or arrangement established or
maintained by a nonprofit educational organization with assets of more than $100
million for the benefit of the employees of such organization and the employees
of any affiliated or associated persons, firms, associations, or corporations
which perform functions related to those of such educational organization or of
which a majority of the membership of the governing body is composed of
employees or members of the governing body of the nonprofit educational
organization;
or to any plan or arrangement established or maintained, directly or through a
legal entity, by two or more accredited independent nonproprietary institutions
of higher education located in this state, which such institutions have combined
assets of more than $100 million and are members of the Georgia nonprofit
corporation representing a majority of the accredited independent nonproprietary
institutions of higher education located in this state, for the benefit of the
employees, including retired employees, of:
(1)
Such institutions;
(2)
Any affiliated or associated persons, firms, associations, trusts, or
corporations that perform functions similar or related to those of one or more
of such institutions or of which a majority of the membership of the governing
body is composed of employees or members of the governing body of one or more of
such institutions; and
(3)
The Georgia nonprofit corporation representing a majority of the accredited
independent nonproprietary institutions of higher education located in this
state."
SECTION
2.
Said
title is further amended by striking Chapter 51, the "Georgia Basic Health
Insurance Plan," in its entirety and inserting in lieu thereof a new Chapter 51
to read as follows:
"CHAPTER
51
33-51-1.
(a)
The Commissioner shall be authorized to allow health reimbursement arrangement
only plans that encourage employer financial support of health insurance or
health related expenses recognized under the rules of the federal Internal
Revenue Service to be approved for sale in connection with or packaged with
individual health insurance policies otherwise approved by the
Commissioner.
(b)
Health reimbursement arrangement only plans that are not sold in connection with
or packaged with individual health insurance policies shall not be considered
insurance under this title.
(c)
Individual insurance policies offered or funded through health reimbursement
arrangements shall not be considered employer sponsored or group coverage for
purposes of this title, and nothing in this Code section shall be interpreted to
require an insurer to offer an individual health insurance policy for sale in
connection with or packaged with a health reimbursement arrangement or to accept
premiums from health reimbursement arrangement plans for individual health
insurance policies."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.