07 LC 37 0375S (SCS)
Senate
Bill 153
By:
Senator Hill of the 32nd
AS
PASSED SENATE
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 for the development of consumer driven health insurance plans
by the Commissioner of Insurance; to allow such plans to include wellness and
health promotion programs; to provide that such programs shall not be considered
unfair trade practices; 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 striking Chapter 51 in its entirety and inserting in lieu thereof a new
Chapter 51 to read as follows:
"Chapter
51
33-51-1.
This
chapter shall be known and may be cited as the 'Georgia Consumer Driven Health
Insurance Plan.'
33-51-2.
It
is the intent of this chapter to authorize the Commissioner of Insurance to
establish guidelines for plan designs for the development of health insurance
products which will be affordable to Georgians and to increase the availability
of health insurance coverage by encouraging the promotion of these types of
plans by accident and sickness insurers licensed to transact such insurance in
this state. It is the intent of this chapter that plan designs include high
deductible health insurance plans as required under the rules of the federal
Internal Revenue Service related to the establishment of health savings
accounts.
33-51-3.
The
Commissioner shall develop guidelines for consumer driven health insurance plans
which are designed to qualify under federal and state requirements as high
deductible health insurance plans for use with health savings accounts and which
shall include, but shall not be limited to, nominal copayment provisions,
reasonable lifetime benefit maximums, and choices of deductible amounts and
other policy provisions and limits which comply with federal requirements under
the applicable provisions of the federal Internal Revenue Code for high
deductible health insurance plans sold in connection with health savings
accounts. Insurance plans under this title shall comply with Code Sections
33-24-56.2, 33-24-56.3, 33-24-59.1, 33-24-59.2, 33-24-72, 33-29-3.2, and
33-30-4.2.
33-51-4.
(a)
The Commissioner shall be authorized to request information and data from any
available source and to request the assistance of accident and sickness insurers
and providers of health care services in order to develop guidelines for
consumer driven health insurance plans.
(b)
The Commissioner shall be authorized to encourage and promote the marketing of
consumer driven health insurance plans by accident and sickness insurers in this
state.
(c)
The Commissioner shall be authorized to promulgate such rules and regulations as
he or she deems necessary and appropriate for the design, promotion, and
regulation of these products, including rules and regulations for the expedited
review of standardized policies and rates by insurers, advertisements and
solicitations, and other matters deemed relevant by the
Commissioner.
33-51-5.
Policies
sold under this chapter may be designed with out of network differentials that
exceed the normal maximum differential allowed under paragraph (3) of subsection
(b) of Code Section 33-30-23 or the coinsurance limitation applicable to
nonpreferred providers under paragraph (4) of subsection (b) of Code Section
33-30-23 so long as the percentage reimbursement for nonpreferred providers for
out of network benefits is at least 50 percent.
33-51-6.
(a)
Insurers are allowed to include wellness and health promotion programs in
policies designed and sold under this chapter in keeping with federal
requirements under high deductible health insurance plans, provided that such
programs are approved by the Commissioner of Insurance.
(b)
Insurers which include and operate wellness and health promotion programs in
their high deductible health insurance policies in keeping with federal
requirements shall not be considered to be engaging in unfair trade practices
under Code Section 33-6-4 with respect to references to the practices of illegal
inducements, unfair discrimination, or rebating."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.