2022 Georgia Code
Title 33 - Insurance
Chapter 24 - Insurance Generally
Article 1 - General Provisions
§ 33-24-59.23. Carrier Issuing Health Benefit Plans to Pay Insurance Agent’s Commissions; Regulation

1. 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.
2. 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.
3. The Commissioner shall adopt such rules and regulations he or she deems necessary for the administration of this Code section.

History. Code 1981, § 33-24-59.23 , enacted by Ga. L. 2018, p. 1074, § 2/HB 64; Ga. L. 2019, p. 386, § 77/SB 133; Ga. L. 2020, p. 660, § 1/HB 716.

Effective date. —

This Code section became effective July 1, 2018. See Editor’s notes for applicability.

The 2019 amendment, effective July 1, 2019, substituted the present provisions of paragraph (a)(3) for the former provisions, which read: “ ‘Health benefit plan’ shall have the same meaning as in Code Section 33-30A-1.”

The 2020 amendment, effective January 1, 2021, in subsection (b), substituted “. Such carrier shall file with the department its proposed commission rates relevant to all such agents. The commission paid to such agents shall be” for the first comma, substituted “first term compensation to such agent” for “compensation” in the present fourth sentence, and added the next-to-last sentence.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2018, Code Section 33-24-59.23, as enacted by Ga. L. 2018, p. 1078, § 1/HB 818, was redesignated as Code Section 33-24-59.24.

Editor’s notes.

Ga. L. 2018, p. 1074, § 1/HB 64, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Protection and Guarantee of Service for Health Insurance Consumers Act.’ ”

Ga. L. 2018, p. 1074, § 3/HB 64, not codified by the General Assembly, makes this Code section applicable to policies issued or renewed on or after January 1, 2019.