Governor's Request for Waiver From Federal Patient Protection and Affordable Care Act; Expiration of Authority

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  5. Governor's Request for Waiver From Federal Patient Protection and Affordable Care Act; Expiration of Authority

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  1. The Governor is hereby authorized to submit one or more applications to the United States Secretaries of Health and Human Services and the Treasury for waiver of applicable provisions of the federal Patient Protection and Affordable Care Act (P. L. 111-148) under Section 1332 with respect to health insurance coverage or health insurance products.Any such submission to obtain a state innovation waiver may include multiple waiver submissions.On or after January 1, 2020, upon approval of one or more waivers, the state is authorized to implement such waiver or waivers as provided under Section 1332 of such federal act in a manner consistent with state and federal law.
  2. The authority granted to the Governor in subsection (a) of this Code section to submit one or more applications shall expire on December 31, 2021.

(Code 1981, §33-1-26, enacted by Ga. L. 2019, p. 2, § 3-2/SB 106.)

Editor's notes.

- Ga. L. 2019, p. 2, § 1-1/SB 106, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Patients First Act.'"

Ga. L. 2019, p. 2, § 3-1/SB 106, not codified by the General Assembly, provides: "The General Assembly finds that:

"(1) For Georgians in recent years, private sector health insurance choices have decreased and the costs of insurance coverage have increased;

"(2) Through the granting of Section 1332 innovation waivers, the federal government allows states to pursue innovative strategies for providing their residents with access to high quality, comprehensive, and affordable health insurance while retaining the basic protections for consumers; and

"(3) Such waivers may be narrowly tailored to address specific problems and may address, among other things, the creation of state reinsurance programs, high-risk health conditions, changes to premium tax credits and cost-sharing arrangements, consumer-driven health care accounts, the creation of new health insurance products, the implementation of health care delivery systems, or the redefinition of essential health benefits."

Law reviews.

- For article on the 2019 enactment of this Code section, see 36 Ga. St. U.L. Rev. 207 (2019).

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 544 et seq.

70C Am. Jur. 2d, Social Security and Medicare, § 1905.

CHAPTER 2 DEPARTMENT AND COMMISSIONER

Sec.

  • 33-2-1. Creation of department; Commissioner chief officer of department; powers and duties of department and Commissioner generally.
  • 33-2-2. Seal of Commissioner.
  • 33-2-3. Organization of department by Commissioner.
  • 33-2-4. Appointment and removal of chief deputy insurance commissioner and other deputies [Repealed].
  • 33-2-5. Appointment of personnel; possession of financial interest; additional remuneration for services.
  • 33-2-6. Delegated authority.
  • 33-2-7. Maintenance of records, books, or papers by Commissioner generally; furnishing of copies; disposal of records.
  • 33-2-8 through 33-2-8.2 [Repealed].
  • 33-2-9. Rules and regulations.
  • 33-2-10. Issuance and service of orders and notices.
  • 33-2-11. Examination of insurers and organizations; effect of insurer's change of domicile from Georgia.
  • 33-2-12. Examination of agents, solicitors, brokers, counselors, adjusters, managers, and promoters.
  • 33-2-13. Access of Commissioner to records; correction of inadequate or incorrect accounts.
  • 33-2-14. Preparation of written reports of examinations generally; certification of reports; admissibility in evidence; notice and hearing on reports; use of examination documents.
  • 33-2-15. Payment of expenses of examinations; immunity of examiners.
  • 33-2-16. Powers of Commissioner as to evidence and witnesses; payment of witness fees and expenses; subpoenas; giving of false testimony.
  • 33-2-17. Conduct of hearings by Commissioner generally; demands for hearings.
  • 33-2-18. Place of hearings; hearings to be open to public.
  • 33-2-19. Notice of hearings generally.
  • 33-2-20. Notice to show cause.
  • 33-2-21. Presiding officer at hearing; rights of parties; intervention; pleading and evidence; record of proceedings; rehearing or reargument.
  • 33-2-22. Adjournment of hearings; effect of nonattendance.
  • 33-2-23. Issuance of order on hearing; contents.
  • 33-2-24. Enforcement of title and rules, regulations, and orders; issuance of orders without hearings; civil actions; criminal violations; penalties.
  • 33-2-25. Effect of chapter upon power of Commissioner or superior courts to enforce title; construction of grants of power contained in chapter.
  • 33-2-26. Persons entitled to appeal; procedure generally.
  • 33-2-27. Pleading and procedure of judicial review; powers of reviewing court generally.
  • 33-2-28. Scope of judicial review; disposition of action by reviewing court.
  • 33-2-29. Disposition of amounts collected under title generally; allowance of refunds and credits.
  • 33-2-30. Limitation period for issuance of notice of deficiency assessment or execution thereon; waiver of limitations.
  • 33-2-31. Extension of time for filing tax return or paying tax; payment of interest by taxpayer granted extension.
  • 33-2-32. Fees.
  • 33-2-33. List of written requests for assistance by citizens against insurers [Repealed].
  • 33-2-34. Insurance compliance self-evaluative privilege.
Cross references.

- Requirements pertaining to regulations, standards, and plans required to be filed by Insurance Commissioner with Secretary of State, § 50-13-21.

Administrative Rules and Regulations.

- Organization, practice and procedure, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General Office of Commissioner of Insurance, Chapters 120-2-1 through 120-2-2.

JUDICIAL DECISIONS

Investigation does not require hearing.

- The investigative powers of the Insurance Commissioner under this title are not restricted only to those instances in which a hearing is pending. Southeastern Adjusters, Inc. v. Caldwell, 229 Ga. 4, 189 S.E.2d 76 (1972).

If hearing held, procedural requirements must be met.

- In the event a hearing does take place, the Commissioner must accord all the procedural safeguards provided as hearing requirements of this title before there can be any final decisions, orders, or actions adverse to any member of the insurance industry. Southeastern Adjusters, Inc. v. Caldwell, 229 Ga. 4, 189 S.E.2d 76 (1972).

Action involving insurance violations.

- A consumer class action complaint asserting various claims against an insurance company, including claims for fraud, Georgia RICO, and breach of contract was erroneously dismissed on the basis that the Insurance Commissioner had exclusive jurisdiction and that plaintiffs were required to exhaust their administrative remedies before the Insurance Commissioner before filing an action in court. Griffeth v. Principal Mut. Ins. Co., 243 Ga. App. 618, 533 S.E.2d 126 (2000).

OPINIONS OF THE ATTORNEY GENERAL

Rule-making procedures.

- The Insurance Department may utilize rule-making procedures of T. 33, C. 2 in lieu of rule-making procedures outlined in § 50-13-21. 1982 Op. Att'y Gen. No. 82-10.


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