Provisions Required in Group Policies or Contracts of Disability Income Insurance Covering Preexisting Conditions; Restrictions on Preexisting Condition Limitations or Exclusions

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  2. Georgia Code
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  4. Insurance Generally
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  6. Provisions Required in Group Policies or Contracts of Disability Income Insurance Covering Preexisting Conditions; Restrictions on Preexisting Condition Limitations or Exclusions

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  1. A group policy or contract of disability income insurance shall not contain a definition of the term "preexisting condition" which is more restrictive than the following: preexisting condition means the existence of symptoms which would cause an ordinarily prudent person to seek diagnosis, care, or treatment, or a condition for which medical advice or treatment was recommended by or received from a provider of health care services, within 12 months preceding the effective date of coverage of the insured.
  2. Any group policy or contract of disability income insurance which limits, restricts, or excludes payment of benefits for preexisting conditions shall contain a notice as provided in this subsection. The notice shall be entitled "Preexisting Conditions Limitations or Exclusions," shall appear as a separate paragraph of the policy or contract, shall appear in boldface type, and shall provide an appropriate definition or description of the term "preexisting condition" for the purposes of the policy.
  3. No policy or certificate of group disability income insurance shall be issued or delivered in this state which limits or excludes payment of benefits for a disability resulting from a preexisting condition if that disability occurs more than 24 months following the effective date of an insured's coverage under such policy.

(Code 1981, §33-24-26.1, enacted by Ga. L. 1995, p. 1009, § 2; Ga. L. 2019, p. 386, § 38/SB 133; Ga. L. 2020, p. 493, § 33/SB 429.)

The 2019 amendment, effective July 1, 2019, substituted "Reserved." for the former provisions of subsection (d), which read: "This Code section shall apply to group policies or contracts of disability income insurance issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1995."

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, deleted former subsection (d) which was designated as reserved.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, "preexisting" was substituted for "Preexisting" following the colon in subsection (a).


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