Each violation by a private review agent or utilization review entity of deadline or other requirements specified in this chapter shall result in the automatic authorization of healthcare services under review by such private review agent or utilization review entity if such noncompliance is related to such services. Notwithstanding the foregoing, noncompliance based on a de minimis violation that does not cause, or is not likely to cause, prejudice or harm to the covered person shall not result in the automatic authorization of such healthcare services, so long as the insurer demonstrates that the violation occurred due to good cause or due to matters beyond the control of the insurer and that such violation occurred in the context of an ongoing good faith exchange of information between the insurer and the covered person, or, if applicable, the covered person’s healthcare provider or authorized representative.
History. Code 1981, § 33-46-29 , enacted by Ga. L. 2021, p. 629, § 2/SB 80.
Structure Georgia Code
Chapter 46 - Certification of Private Review Agents
Article 2 - Prior Authorizations
§ 33-46-20. Prior Authorization Requirements Posted on Website; Statistical Reporting
§ 33-46-22. Review of Appeals by Appropriate Healthcare Provider
§ 33-46-23. Restrictions on Authorizations When Service Timely Rendered
§ 33-46-24. Medically Necessary Unanticipated Emergency or Urgent Healthcare Services
§ 33-46-26. Timely Notification of Prior Authorization or Adverse Determination
§ 33-46-27. Notification Time for Prior Authorization or Adverse Determination
§ 33-46-28. Honoring of Prior Authorizations
§ 33-46-29. Noncompliance Resulting in Automatic Authorization
§ 33-46-30. Mandatory Compliance
§ 33-46-31. Role of Commissioner; Compliance Enforced by Department of Community Health