Definitions; Prompt Pay Requirements; Penalties

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  2. Georgia Code
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  4. Insurance Generally
  5. General Provisions
  6. Definitions; Prompt Pay Requirements; Penalties

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  1. As used in this Code section, the term:
    1. "Administrator" shall have the same meaning as provided in Code Section 33-23-100.
    2. "Benefits" shall have the same meaning as provided in Code Section 33-24-59.5.
    3. "Facility" shall have the same meaning as provided in Code Section 33-20A-3.
    4. "Health benefit plan" shall have the same meaning as provided in Code Section 33-24-59.5.
    5. "Health care provider" shall have the same meaning as provided in Code Section 33-20A-3.
    6. "Insurer" means an accident and sickness insurer, fraternal benefit society, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity, which provides for the financing or delivery of health care services through a health benefit plan, the plan administrator of any health plan, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45.
    1. All benefits under a health benefit plan will be payable by the insurer or administrator which is obligated to finance or deliver health care services or process claims under that plan upon such insurer's or administrator's receipt of written or electronic proof of loss or claim for payment for health care goods or services provided. The insurer or administrator shall within 15 working days for electronic claims or 30 calendar days for paper claims after such receipt mail or send electronically to the facility or health care provider claiming payments under the plan payment for such benefits or a letter or notice which states the reasons the insurer or administrator may have for failing to pay the claim, either in whole or in part, and which also gives the facility or health care provider so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. Where the insurer or administrator disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer or administrator in accordance with this chapter. When all of the listed documents or other information needed to process the claim have been received by the insurer or administrator, the insurer or administrator shall then have 15 working days for electronic claims or 30 calendar days for paper claims within which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the facility or health care provider claiming payments under the plan the insurer's or administrator's reasons for such denial.
    2. Receipt of any proof, claim, or documentation by an entity which administers or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section.
  3. Each insurer or administrator shall pay to the facility or health care provider claiming payments under the health benefit plan interest equal to 12 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section.
  4. An insurer or administrator may only be subject to an administrative penalty by the Commissioner as authorized by the insurance laws of this state when such insurer or administrator processes less than 95 percent of all claims in a standard financial quarter in compliance with paragraph (1) of subsection (b) of this Code section. Such penalty shall be assessed on data collected by the Commissioner.
  5. This Code section shall be applicable when an insurer is adjudicating claims for its fully insured business or its business as a third-party administrator.
  6. This Code section shall not apply to limited benefit insurance policies. For the purpose of this subsection, the term "limited benefit insurance" means accident or sickness insurance designed, advertised, and marketed to supplement major medical insurance and specifically shall include accident only, CHAMPUS supplement, disability income, fixed indemnity, long-term care, or specified disease insurance.

(Code 1981, §33-24-59.14, enacted by Ga. L. 2011, p. 595, § 6/HB 167; Ga. L. 2017, p. 164, § 35/HB 127; Ga. L. 2019, p. 386, § 74/SB 133.)

The 2019 amendment, effective July 1, 2019, deleted "entity" preceding "provides for the financing" in the middle of paragraph (a)(6).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2011, Code Section 33-24-59.14 as enacted by Ga. L. 2011, p. 609, § 2, was redesignated as Code Section 33-24-59.15.

Editor's notes.

- Ga. L. 2011, p. 595, § 1/HB 167, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Insurance Delivery Enhancement Act of 2011.'"

JUDICIAL DECISIONS

Preemption.

- Because self-funded plans would have different timeliness obligations in different states if amended state prompt-pay legislation went into effect, ERISA preempted the challenged provisions as relating to benefit plans, regardless of whether risk pooling was affected for saving clause purposes; ERISA's deemer clause applied. America's Health Ins. Plans v. Hudgens, 742 F.3d 1319 (11th Cir. 2014).


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