Georgia Code
Article 1 - General Provisions
§ 33-6-4. Enumeration of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Penalty

(14.1) Engaging in dishonest, unfair, or deceptive insurance practices in marketing or sales of insurance to service members of the armed forces of the United States and, notwithstanding any other provision of this title, the Commissioner may promulgate such rules and regulations as necessary to define dishonest, unfair, or deceptive military marketing and sales practices;
(14.2) Failing to submit all claims data to the Georgia All-Payer Claims Database as required in Article 3 of Chapter 53 of Title 31;
(14.3) (A) As used in this paragraph:
“NOTICE
The laws of the State of Georgia prohibit insurers from unfairly discriminating against any person based upon his or her status as a victim of family violence.”
(II) A violation of this division shall give rise to a civil cause of action for damages resulting from such violation including, but not limited to, all damages recoverable for breach of insuring agreements under Georgia law including damages for bad faith and attorney’s fees and costs of litigation. A violation of this division shall also give rise to the awarding of punitive or exemplary damages in an amount as may be determined by the trier of fact if such violation is found to be intentional. The remedies provided in this division are in addition to and cumulative of all other remedies that may now or hereafter be provided by law.
(B) No insurer shall require an ophthalmologist or optometrist to accept as payment an amount set by such insurer for services that are not covered eye care services under the covered person’s eye care benefit plan as a condition to join or participate in its provider network.
(C) No insurer shall draft, publish, disseminate, or circulate any explanations of benefit forms that include language that directly or indirectly states or implies that an ophthalmologist or optometrist should extend discounts to patients for noncovered eye care services.
(D) No insurer shall require an ophthalmologist or optometrist within its provider network to extend any discounts on services that are not covered eye care services; or
History. Code 1933, §§ 56-704, 56-9906, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1978, p. 2016, § 1; Ga. L. 1980, p. 1266, § 2; Ga. L. 1989, p. 888, § 1; Ga. L. 1989, p. 1276, § 1; Ga. L. 1992, p. 6, § 33; Ga. L. 1992, p. 996, §§ 1-3; Ga. L. 2000, p. 236, § 1; Ga. L. 2001, p. 4, § 33; Ga. L. 2002, p. 441, § 2; Ga. L. 2005, p. 563, § 2/HB 407; Ga. L. 2006, p. 72, § 33/SB 465; Ga. L. 2006, p. 433, § 1/HB 425; Ga. L. 2007, p. 500, § 1/SB 84; Ga. L. 2016, p. 381, § 1/HB 784; Ga. L. 2019, p. 337, § 1-34/SB 132; Ga. L. 2019, p. 866, § 1/HB 227; Ga. L. 2020, p. 743, § 2/SB 482; Ga. L. 2021, p. 560, § 2/SB 43; Ga. L. 2022, p. 352, § 33/HB 1428.
The 2019 amendments.
The first 2019 amendment, effective July 1, 2019, deleted “of Insurance” following “Commissioner” at the end of subparagraph (b)(13)(C) and deleted “within a period of 24 months after July 1, 2000,” following “at any time” in subparagraph (b)(15)(I). The second 2019 amendment, effective July 1, 2019, substituted “family violence or sexual assault” for “family violence” throughout paragraph (b)(15); added “, the term” at the end of the introductory language of subparagraph (b)(15)(A); substituted “Confidential abuse information” for “Confidential family violence information” near the beginning of division (b)(15)(A)(i); added division (b)(15)(A)(iii); substituted “family violence or sexual assault” for “abuse” throughout subparagraph (b)(15)(C); substituted “confidential abuse information” for “family violence information” in the first sentence of division (b)(15)(C)(v) and in the last sentence of subparagraph (b)(15)(D); and substituted “Confidential abuse” for “Family violence” at the beginning of the second sentence in division (b)(15)(C)(v).
The 2020 amendment, effective August 5, 2020, added paragraph (b)(14.2).
The 2021 amendment, effective July 1, 2021, deleted “or” at the end of paragraph (b)(14.2), and added paragraph (b)(14.3). See Editor’s notes for applicability.
The 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, revised language in subparagraphs (b)(12)(A) and (b)(12)(B).
Cross references.
False advertising generally, § 10-1-420 et seq.
Provision that contracts in general restraint of trade contravene public policy, § 13-8-2 .
Punishment for misdemeanors generally, § 17-10-3 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2002, in subdivision (b)(8)(A)(iv)(II), “this division” was substituted for “this Code section” in the second sentence and “in this division” was substituted for “herein” in the last sentence.
Pursuant to Code Section 28-9-5, in 2020, “or” was deleted at the end of paragraph (b)(14.1) and “; or” was substituted for a period at the end of paragraph (b)(14.2).
Editor’s notes.
Ga. L. 2002, p. 441, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Consumers’ Health Insurance Protection Act.’ ”
Ga. L. 2002, p. 441, § 11, not codified by the General Assembly, provides that: “This Act shall apply only to health benefit plan contracts issued, delivered, issued for delivery, or renewed in this state on or after October 1, 2002; provided, however, that Section 8 of this Act shall apply to all claims relating to health care services provided on or after July 1, 2002. Any carrier, plan, network, panel, or agent thereof conducting a post-payment audit or imposing a retroactive denial on any claim initially submitted prior to July 1, 2002, shall, no later than June 30, 2003, provide written notice to the claimant of the intent to conduct such an audit or impose such a retroactive denial of any such claim or part thereof, including the specific reason for the audit or denial and shall complete the audit or retroactive denial and provide notice to the claimant of any payment or refund due prior to January 1, 2004.” The reference to Section 8 of the Act apparently should be to Section 9 of the Act, which enacted Article 3 of Chapter 20A of this title.
Ga. L. 2021, p. 560, § 1/SB 43, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Noncovered Eye Care Services Act.’”
Ga. L. 2021, p. 560, § 3/SB 43, not codified by the General Assembly, provides: “This Act shall become effective July 1, 2021, and shall apply to all policies or contracts issued, delivered, issued for delivery, or renewed in this state on or after such date.”
Law reviews.
For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 261 (1989).
For note on 2000 amendment of this Code section, see 17 Ga. St. U.L. Rev. 220 (2000).
For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 220 (2002).