07 LC 37
0532S
The
House Committee on Insurance offers the following substitute to SB
109:
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, so as to reauthorize the
Commission on the Georgia Health Insurance Risk Pool; to provide for its
membership, duties, and functions; to provide for related matters; to provide
for an effective date; 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, is amended by revising Article 2 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)
'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.
(4)
'Eligible individual' has the same meaning as specified in Sections 2701 and
2741 of the federal Public Health Service Act, 42 U.S.C.A. Sections 300gg and
300gg-41.
(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
or the Georgia
Health Insurance Assignment
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
reauthorized
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, apply
before the deadline for submission of a grant request for federal grant funding
for states without high-risk pools as authorized by the Deficit Reduction Act of
2005 (P.L. 109-171) and the State High Risk Pool Funding Extension Act of 2006
(P.L. 109-172), and provide
recommendations for establishment of
the
a
Georgia Health Insurance Risk Pool
or Georgia
Health Insurance Assignment 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
December 31,
2008.
(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
President of
the Senate 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
2007,
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 in
the 2008 session of the General Assembly
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
a
pool will have on the small and large group insurance markets, the individual
market, and 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
a
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
a
pool;
and
(4)
An analysis of
the impact of varying rates of provider reimbursements on the costs of operating
a pool; and
(5)
The impact that eligibility of persons qualifying for federal health coverage
tax credits will have on
the
a
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
a
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
authorized by
the Deficit Reduction Act of 2005 (P.L. 109-171) and the State High Risk Pool
Funding Extension Act of 2006 (P.L.
109-172) 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
December 31,
2008, 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.
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.