History. Code 1981, § 33-24-29 , enacted by Ga. L. 1998, p. 736, § 2; Ga. L. 2001, p. 4, § 33; Ga. L. 2017, p. 164, § 26/HB 127; Ga. L. 2019, p. 386, § 44/SB 133; Ga. L. 2022, p. 26, § 1-6/HB 1013.
The 2019 amendment, effective July 1, 2019, deleted “on or after July 1, 1998,” following “or renewed” in the middle of the first sentence of subsection (c).
The 2022 amendment, effective July 1, 2022, deleted former paragraph (a)(2), which read: “‘Mental disorder‘ shall have the same meaning as defined by The Diagnostic and Statistical Manual of Mental Disorders (American Psychiatric Association) or The International Classification of Diseases (World Health Organization) as of January 1, 1981, or as the Commissioner may further define such term by rule and regulation.” and added present paragraphs (a)(2) through (a)(4); substituted “mental health or substance use disorders for children, adolescents, and adults” for “mental disorders” in the middle of the first sentence of subsection (c); substituted “mental health or substance use disorders” for “mental disorders” near the middle of paragraphs (d)(1), (d)(2), and (e)(2); and added subsection (h).
Editor’s notes.
Ga. L. 1998, p. 736, § 2, repealed former Code Section 33-24-29, pertaining to medicare supplement health insurance. The former Code section was based on Ga. L. 1980, p. 1266, § 1; Ga. L. 1980, p. 1418, § 1.
On November 30, 1999, the Commissioner of Insurance reported to the General Assembly that “pursuant to O.C.G.A. Section 33-24-29(g) and O.C.G.A. Section 33-24-29.1(g), I do not find and cannot report that as an effect of the changes in coverage required by Senate Bill 620, premiums increased on average at a rate exceeding 2 percent for the period July 1, 1998 to October 1, 1999.”
Ga. L. 2022, p. 26, § 1-1/HB 1013, not codified by the General Assembly, provides that: “This part shall be known and may be cited as the ‘Georgia Mental Health Parity Act.‘”
Ga. L. 2022, p. 26, § 1-9/HB 1013, not codified by the General Assembly, provides that: “If necessary to implement any of the provisions of this part relating to the Medicaid program, the Department of Community Health shall submit a Medicaid state plan amendment or waiver request to the United States Department of Health and Human Services.”
Ga. L. 2022, p. 26, § 1-10/HB 1013, not codified by the General Assembly, provides that: “Nothing in this part shall be construed to impair any contracts in effect on June 30, 2022.”
Law reviews.
For note, “The Parity Cure: Solving Unequal Treatment of Mental Illness Health Insurance Through Federal Legislation,” see 44 Ga. L. Rev. 511 (2010).
Structure Georgia Code
Chapter 24 - Insurance Generally
Article 1 - General Provisions
§ 33-24-2. Applicability of Chapter
§ 33-24-3. Insurable Interest; Personal Insurance
§ 33-24-4. Insurable Interest; Property Insurance
§ 33-24-6.1. Prerequisites for Replacement Life Insurance Exceeding Insurance Being Surrendered
§ 33-24-8. Admissibility in Evidence of Applications in Actions Between Insurer and Insured
§ 33-24-9. Approval or Disapproval of Forms
§ 33-24-10. Grounds for Disapproval of Forms
§ 33-24-10.1. Standard or Uniform Claim Form
§ 33-24-13. Execution of Policies; Use of Facsimile Signatures
§ 33-24-14.1. Electronic Delivery of Plan Documentation
§ 33-24-15. When Policies or Contracts Become Effective
§ 33-24-16. Construction of Policies
§ 33-24-16.1. Clarification of Term “Actual Charge” or “Actual Fee”
§ 33-24-17. Assignment of Policies
§ 33-24-18. Contents of Insurance Policies and Annuity Contracts Generally
§ 33-24-19. Incorporation of Constituent Documents in Policies
§ 33-24-22. Provision in Health Insurance Policies for Coverage of Newly Born or Adopted Children
§ 33-24-28. Termination of Coverage of Dependent Child Upon Attainment of Specified Age
§ 33-24-28.1. Coverage of Treatment of Mental Health or Substance Use Disorders
§ 33-24-28.2. Coverage of Outpatient Surgery
§ 33-24-30. Excluding or Denying Coverage on Basis of Violation of Civil Air Regulations
§ 33-24-30.1. Excluding or Denying Coverage on Basis of Lawful Firearms Possession
§ 33-24-32. Underwriters’ and Combination Policies
§ 33-24-33. Binders and Other Contracts for Temporary Insurance
§ 33-24-35. Withdrawal or Retirement From Group Insurance Plan
§ 33-24-38. Renewal or Extension of Policies by Certificate or Endorsement
§ 33-24-41. Discharge of Insurer by Payment Generally
§ 33-24-41.2. Written Notice by Insurer to Claimant of Payment of Claim in Third-Party Settlement
§ 33-24-42. Payment of Claims in Event of Simultaneous Deaths
§ 33-24-44. Cancellation of Policies Generally
§ 33-24-44.1. Procedure for Cancellation by Insured and Notice
§ 33-24-46. Cancellation or Nonrenewal of Certain Property Insurance Policies
§ 33-24-49. Deposit of Funds Covered by Bonds
§ 33-24-50. Action as Sureties Upon Guaranteed Arrest Bond Certificates; Acceptance of Certificates
§ 33-24-52. Direct Response Insurance Business
§ 33-24-54. Payments to Nonparticipating or Nonpreferred Providers of Health Care Services
§ 33-24-56. Prohibition Against Requiring Referral From Primary Care Physician to Dermatologist
§ 33-24-56.2. Surveillance Tests for Ovarian Cancer
§ 33-24-56.3. Colorectal Cancer Screening and Testing
§ 33-24-56.4. Short Title; Definitions; Payment for Telehealth Services
§ 33-24-58. Newborn Baby and Mother Protection Act; Short Title
§ 33-24-58.1. Newborn Baby and Mother Protection Act; Legislative Findings and Declaration
§ 33-24-59.1. Coverage for Treatment of Dependent Children With Cancer
§ 33-24-59.3. Payments Sent Directly to Health Care Provider by Insurer
§ 33-24-59.6. Prescribed Female Contraceptive Drugs or Devices; Insurance Coverage
§ 33-24-59.9. Registered Nurse First Assistants
§ 33-24-59.10. Coverage for Autism
§ 33-24-59.12. Patient Access to Eye Care
§ 33-24-59.14. Definitions; Prompt Pay Requirements; Penalties
§ 33-24-59.15. Definitions; Dental Insurance
§ 33-24-59.16. Equal Access to Child’s Health Insurance Information; Exceptions
§ 33-24-59.18. Coverage for Treatment of a Terminal Condition
§ 33-24-59.20. Access to Stage Four Advanced, Metastatic Cancer Treatments in Health Benefit Plans
§ 33-24-59.22. Prescription Drug Program Defined; Cost Sharing; Denial of Coverage; Dispensing Fees
§ 33-24-59.23. Carrier Issuing Health Benefit Plans to Pay Insurance Agent’s Commissions; Regulation
§ 33-24-59.26. Limitation on Definition of “Preexisting Condition”
§ 33-24-59.27. Right to Shop for Insurance Coverage; Disclosure of Pricing Information; Notice
§ 33-24-59.28. Insurer Obligations for Early Prescription Refills During Emergencies