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Document Type

Peach Sheet

Abstract

The Act amends eleven Code sections relating to insurance. The Act classifies as "felonies" all acts that meet the current definition of insurance fraud and increases the maximum penalty for insurance fraud to ten years imprisonment and/or a $10,000 fine. The Act prohibits the Insurance Commissioner and the Office of the Insurance Commissioner from adopting or proposing rules relating to the sale of gasoline to the public, unless the rules require that a gas station be supervised by an on-site employee. The Act changes provisions relating to service of process on uninsured motorist carriers; the injured party need only serve the carrier if the party has a reasonable belief that the other party's vehicle is uninsured. The Act also relaxes the statute of limitations for filing a claim against uninsured motorist carriers in certain circumstances, and provides for a minimum 120-day discovery period for the uninsured motorist carrier after service. The Act brings Code sections relating to conversion provisions and continuation rights under group accident and sickness contracts into compliance with the Kennedy-Kassenbaum legislation recently enacted by the United States Congress. The Act amends provisions relating to effective dates for health insurance for newly born children and adopted children to include the date an adopted child is placed for adoption. The Act redesignates what was formerly termed an "association" in the definitions relating to accident and sickness insurance as a "true association." The Act increases time limitations and requirements relating to the continuation of health coverage, preexisting conditions, and procedures from thirty days to thirty-one days. The Act changes the requirements an accident and sickness insurance carrier must meet to void a policy or deny coverage to an insured. The Act eliminates the need for licensed agents to adhere to the certificate of authority requirements for applications for the Georgia Health Insurance Assignment System and the Georgia Health Benefits Assignment System. The Act eliminates notice provisions relating to women's healthcare and direct access to obstetricians and gynecologists when the policy or plan in question does not require referral as a prerequisite to treatment by an obstetrician or gynecologist. Finally, the Act mandates medical payments coverage rate filing requirements for auto insurers and prohibits the Commissioner from requiring agents to offer or quote medical payments coverage.

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