ARTICLE 17
TEACHERS AND OTHER SCHOOL PERSONNEL
20-2-881. Board to establish plans; rules and regulations; extent of coverage; recommendations to General Assembly for schedule of maximum fees for hospitals and practitioners.
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The board is authorized to establish a health insurance plan for public school teachers of this state and to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this subpart, which plan may provide for group hospitalization, surgical, and medical insurance against the financial costs of hospitalization, surgery, and medical treatment and care and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital inpatient and outpatient service benefits, dental benefits, vision care benefits, and medical expense indemnity benefits, including major medical benefits.
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The board shall investigate fees of hospitals, pharmacists, and practitioners of the healing arts and present recommendations to the General Assembly by not later than January 15, 1991, for a schedule of maximum fees for hospitals and practitioners of the healing arts.The recommended fees for hospitals shall be determined based upon a statistical analysis of the peer groups adjusted for the intensity of the case mix for hospitals of same licensure classification or subclassification (e.g., general, pediatric, psychiatric, rehabilitation, etc.) and of similar services in the same geographic area. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge.
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The recommended fees for practitioners of the healing arts and pharmacists shall be determined based upon a statistical analysis of the peer groups for such practitioners and pharmacists of the same licensure classification (e.g., internists, family practitioners, cardiologists, neurosurgeons, etc.) and of similar services in the same geographic area. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge.
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The recommendations shall include an analysis of all hospitals, pharmacists, and practitioners accepting assignment of benefits for such services not to exceed the amount authorized by the fee schedule.The board shall publish in print or electronically a list of practitioners who accept assignment of benefits under the plan.
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The recommendations shall include an analysis of the impact of practitioners agreeing to provide medical or surgical services at a reduced rate for members of the health insurance plan and of pharmacists and hospitals agreeing to provide hospital services, medical equipment, or pharmaceuticals at a reduced rate for members of the health insurance plan.The board shall publish in print or electronically a list of practitioners of the healing arts, pharmacists, and hospitals that offer a reduced rate for members and the rate at which those services, equipment, or pharmaceuticals have been offered.
(Ga. L. 1975, p. 37, § 2; Ga. L. 1980, p. 1541, § 1; Ga. L. 1987, p. 3, § 20; Ga. L. 1990, p. 1924, § 1; Ga. L. 1991, p. 94, § 20; Ga. L. 2001, p. 4, § 20; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2012, p. 775, § 20/HB 942.)
JUDICIAL DECISIONS
Cited in
Live Oak Consulting, Inc. v. Dep't of Cmty. Health, 281 Ga. App. 791, 637 S.E.2d 455 (2006).
OPINIONS OF THE ATTORNEY GENERAL
State Personnel Board has authority to determine benefits under plan.
- State Personnel Board has exclusive authority to determine which benefits, including which health maintenance organizations, are included in the health insurance plan for public schoolteachers. 1981 Op. Att'y Gen. No. 81-106.
Local boards may accept or reject plan, but not portions of the plan.
- Local boards of education have authority to either reject or participate in a health insurance plan, but lack authority to selectively reject portions of the plan, including various health maintenance organizations options. 1981 Op. Att'y Gen. No. 81-106.
RESEARCH REFERENCES
Am. Jur. 2d.
- 44A Am. Jur. 2d, Insurance,
§
1831 et seq. 68 Am. Jur. 2d, Schools,
§§
134, 135.
C.J.S.
- 81A C.J.S., States,
§
126.