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O.C.G.A. § 33-1-23 — Establishment of exchange | Georgia Code
O.C.G.A. § 33-1-23 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 33 INSURANCE

Section 1. General Provisions, 33-1-1 through 33-1-25.

33-1-23. Establishment of exchange.

  1. As used in this Code section, the term "exchange" shall have the same meaning provided for in paragraph (1) of Code Section 33-23-201.
  2. No department, agency, instrumentality, or political subdivision of this state shall:
    1. Establish any program; promulgate any rule, policy, guideline, or plan; or change any program, rule, policy, or guideline to implement, establish, create, administer, or otherwise operate an exchange; or
    2. Apply for, accept, or expend federal moneys related to the creation, implementation, or operation of an exchange.
  3. Nothing in this Code section shall apply to the Commissioner of Insurance in the implementation or enforcement of the provisions of Article 3 of Chapter 23 of this title.
  4. Neither the state nor any department, agency, bureau, authority, office, or other unit of the state, including the University System of Georgia and its member institutions, nor any political subdivision of the state shall establish, create, implement, or operate a navigator program or its equivalent as defined in Code Section 33-23-201; provided, however, that any grant regarding a navigator program in effect on April 15, 2014, shall be permitted to continue for the term of such grant but shall then terminate upon the expiration of the term of such grant and shall not be renewed, notwithstanding any provision contained within such grant allowing for automatic renewal under certain circumstances.
  5. Nothing in this Code section shall be construed to preclude the state from participating in any MEDICAID program.

(Code 1981, §33-1-23, enacted by Ga. L. 2014, p. 243, § 1-3/HB 943.)

Effective date.

- This Code section became effective April 15, 2014.

Cross references.

- Advocating for voluntary expansion by the state of eligibility for medical assistance in furtherance of the federal Patient Protection and Affordable Care Act, § 31-1-40.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2014, "April 15, 2014," was substituted for "the effective date of this Code section" in subsection (d).

Editor's notes.

- Ga. L. 2014, p. 243, § 1-1/HB 943, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Health Care Freedom Act.'"

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This Georgia Code resource is curated by a Florida and Georgia attorney, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 33 in the context of Georgia insurance coverage law and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.