Current through 2023-2024 Legislative Session Chapters 1-374, 376-386, 393, 394, 397, 398, 406-412, 414, 415, 421, 424, 427, 429, 430, 432-456, 460, 461, 471, 473, 475, 478, 480, 483, 484, 488, 490
Section 33-24-59.23 - Carrier issuing health benefit plans to pay insurance agent's commissions; regulation(a) As used in this Code section, the term:(1) "Agent" shall have the same meaning as in Code Section 33-23-1.(2) "Carrier" means any entity licensed to provide health insurance in this state and which is subject to state insurance regulation.(3) "Health benefit plan" means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, or health maintenance organization subscriber contract. Health benefit plan does not include policies issued in accordance with Chapter 31 of this title; disability income policies; policies issued in accordance with Code Section 34-9-14 or 34-9-122.1; limited accident and sickness insurance policies such as credit, dental, vision, medicare supplement, long-term care, hospital indemnity, or specified disease insurance; coverage issued as a supplement to liability insurance; workers' compensation or similar insurance; or automobile medical payment insurance.(4) "Premium" means the consideration paid in exchange for coverage under a health benefit plan.(b) Any carrier that issues a health benefit plan in this state through an agent shall pay a commission to such agent. Such carrier shall file with the department its proposed commission rates relevant to all such agents. The commission paid to such agents shall be consistent with the amount proposed in the rates filed with the department, as required by the Commissioner. Such commission shall be structured to compensate the agent for the first term and for each renewal term thereafter, so long as such agent reviews coverage and provides ongoing customer service for such plan; provided, however, that no such first term compensation to such agent shall be required for any individual health benefit plan sold during a special enrollment period. Notwithstanding the above, any carrier that does not provide such first term commission during a special enrollment period shall, upon policy renewal, provide the agent with the renewal commission and any first term commission that was not paid because such policy was sold during a special enrollment period. Nothing in this Code section is intended or shall be construed to require a carrier to pay a commission to an agent who is employed by such carrier.(c) The Commissioner shall adopt such rules and regulations he or she deems necessary for the administration of this Code section.Amended by 2020 Ga. Laws 565,§ 1, eff. 1/1/2021.Amended by 2019 Ga. Laws 140,§ 77, eff. 7/1/2019.Added by 2018 Ga. Laws 549,§ 2, eff. 7/1/2018. See 2018 Ga. Laws 549, § 3.