O.C.G.A. § 33-17-31 (2019)

Annotations

Cross references. - Punishment for misdemeanors generally, § 17-10-3.

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CHAPTER 18 NONPROFIT MEDICAL SERVICE CORPORATIONS

Cross references. - State health planning and development, T. 31, C. 6.

Public assistance for medical care, § 49-4-140 et seq.

OPINIONS OF THE ATTORNEY GENERAL

This chapter applies to all nonprofit medical service corporations regardless of the date of incorporation. 1973 Op. Att'y Gen. No. 73-94.

Provision as to renewal and amendment of charters. - Since former Code 1933, § 56-1509 (see now O.C.G.A. § 33-14-8) provides for both renewal and amendment of corporate charters, that section governs the renewal and amendment of charters of nonprofit hospital service corporations and of nonprofit medical service corporations, regardless of when such corporations might have been organized. 1973 Op. Att'y Gen. No. 73-94.

RESEARCH REFERENCES

ALR. - Health insurance: provisions excluding or limiting liability in case of chronic diseases, 4 A.L.R. 875; 15 A.L.R. 1239.

Criterion of health for purposes of warranty or condition in insurance contract, 40 A.L.R. 662; 100 A.L.R. 362.

Validity and nature of group medical and hospital service plans, 167 A.L.R. 322.

Scope of provision in group health or accident insurance policy excluding from coverage sickness or accidents arising out of, or in the course of, employment, 47 A.L.R.2d 1240.

When is medical expense "incurred" under policy providing for payment of medical expenses incurred within fixed period of time from date of injury, 10 A.L.R.3d 468.

Medical care insurance: right of insured under individual policy to coverage afforded by group policy from which he directly transferred on termination of his employment, 66 A.L.R.3d 1192.

Elimination of particular coverage, or termination, of health, hospitalization, or medical care insurance policy as affecting insurer's liability for insured's continuing hospitalization or medical expenses relating to previously covered illness, 66 A.L.R.3d 1205.

Right of "Blue Cross" or "Blue Shield," or similar hospital or medical service organization, to be subrogated to certificate holder's claims against tortfeasor, 73 A.L.R.3d 1140.

Admissibility of opinion evidence as to employability on issue of disability in health and accident insurance and workers' compensation cases, 89 A.L.R.3d 783.

Construction and application of provision in health or hospitalization policy excluding or postponing coverage of illness originating prior to issuance of policy or within stated time, 94 A.L.R.3d 990.

33-18-1 through 33-18-33.

Editor's notes. - This chapter consisted of Code Sections 33-18-1 through 33-18-33, relating to nonprofit medical service corporations, and was based on Code 1933, §§ 56-1801-1831, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1973, p. 813, §§ 2-18; Ga. L. 1983, p. 3, § 33; Ga. L. 1982, p. 1199, §§ 2, 4.

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CHAPTER 19 NONPROFIT HOSPITAL SERVICE CORPORATIONS

Cross references. - Nonprofit corporations generally, T. 14, C. 3.

State health planning and development, T. 31, C. 6.

Construction and regulation of hospitals and other health care facilities, T. 31,C. 7.

Public assistance for medical care, § 49-4-140 et seq.

Law reviews. - For article, "Entity and Identity," see 60 Emory L.J. 1257 (2011).

OPINIONS OF THE ATTORNEY GENERAL

Nonprofit hospital service corporations are subject to insurance fees and taxes. - Despite paragraph (1) of former Code 1933, § 56-108 (see now O.C.G.A. § 33-1-3), nonprofit hospital service corporations under this chapter are subject to the fees and taxes imposed by former Code 1933, § 56-1301 et seq. (see now T. 33, C. 8). 1973 Op. Att'y Gen. No. 73-74 (decided under former Code 1933, § 56-1701 et seq.).

Provisions as to renewal and amendment of charters apply to all nonprofit hospital service corporations. - Since former Code 1933, § 56-1301 et seq. (see now T. 33, C. 8) provides for both renewal and amendment of corporate charters, that section governs the renewal and amendment of charters of nonprofit hospital service corporations and of nonprofit medical service corporations, regardless of when such corporations might have been organized. 1973 Op. Att'y Gen. No. 73-94.

RESEARCH REFERENCES

ALR. - Health insurance: provisions excluding or limiting liability in case of chronic diseases, 4 A.L.R. 875, 15 A.L.R. 1239.

Criterion of health for purposes of warranty or condition in insurance contract, 40 A.L.R. 662, 100 A.L.R. 362.

Validity and nature of group medical and hospital service plans, 167 A.L.R. 322.

Scope of provision in group health or accident insurance policy excluding from coverage sickness or accident arising out of, or in the course of, employment, 47 A.L.R.2d 1240.

When is medical expense "incurred" under policy providing for payment of medical expenses incurred within fixed period of time from date of injury, 10 A.L.R.3d 468.

Medical care insurance: right of insured under individual policy to coverage afforded by group policy from which he directly transferred on termination of his employment, 66 A.L.R.3d 1192.

Elimination of particular coverage, or termination, of health, hospitalization, or medical care insurance policy as affecting insurer's liability for insured's continuing hospitalization or medical expenses relating to previously covered injuries, 66 A.L.R.3d 1205.

Right of "Blue Cross" or "Blue Shield," or similar hospital or medical service organization, to be subrogated to certificate holder's claims against tortfeasor, 73 A.L.R.3d 1140.

Admissibility of opinion evidence as to employability on issue of disability in health and accident insurance and workers' compensation cases, 89 A.L.R.3d 783.

Construction and application of provision in health or hospitalization policy excluding or postponing coverage of illness originating prior to issuance of policy or within stated time, 94 A.L.R.3d 990.

33-19-1 through 33-19-22.

Editor's notes. - This chapter consisted of Code Sections 33-19-1 through 33-19-22, relating to nonprofit hospital service corporations, and was based on Code 1933, §§ 56-1701-1720, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1972, p. 682, § 1; Ga. L. 1980, p. 68, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 1982, p. 1199, §§ 1, 5; Ga. L. 2008, p. 12, § 2-33/SB 433.

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CHAPTER 20 HEALTH CARE PLANS

Sec.

33-20-1. Short title.

33-20-2. Purpose and construction of chapter.

33-20-3. Definitions.

33-20-4. Authorization of formation of health care corporations generally.

33-20-5. Procedure for formation of health care corporations; regulation and supervision of corporations by Commissioner generally.

33-20-6. Board of directors; merger or consolidation of medical service corporations and hospital service corporations; powers of health care corporations generally [Repealed].

33-20-7. Bond of treasurer; deposit of funds collected from subscribers.

33-20-8. Certificate of authority - Requirement; application.

33-20-9. Certificate of authority - Issuance.

33-20-10. Certificate of authority - Expiration, renewal, and amendment.

33-20-11. Certificate of authority - Refusal, revocation, or suspension generally.

33-20-12. Certificate of authority - Mandatory refusal, revocation, or suspension.

33-20-13. Management of corporations; general powers; requirements as to reserves, minimum subscriber's surpluses, and charges.

33-20-14. Acceptance of applications.

33-20-15. Issuance and contents of membership certificates.

33-20-16. Right to become participating physician or approved health care provider.

33-20-17. Powers of corporations to contract for provision of health care services; receipt of payments.

33-20-18. Sale of contracts providing for payment of specified charges made by participating physicians; right of subscribers to select physicians; liability of corporations for negligence of physicians.

33-20-19. Regulation and supervision of corporations by Commissioner generally; payment of fees and taxes by corporations generally.

33-20-20. Submission to Commissioner of operating plan, schedule of rates, and amount of service; approval by Commissioner.

33-20-21. Approval of Commissioner of rates to be paid to providers of services.

33-20-22. Investment of funds of corporations.

33-20-23. Maintenance of books and records showing funds collected and disbursed; examination of books and records by Commissioner.

33-20-24. Filing of reports with Commissioner.

33-20-25. Liability for expenses of Commissioner's supervisory and other activities.

33-20-26. Powers of Commissioner as to protection of subscribers and public health and welfare.

33-20-27. Imposition by Commissioner of administrative fine for certain acts of officers, employees, agents, or representatives of corporations.

33-20-28. Termination of organizers, agents, solicitors engaging in unfair or deceptive practices.

33-20-29. Unlawful actions by unauthorized persons.

33-20-30. Resolution of disputes.

33-20-31. Applicability and construction of chapter.

33-20-32. Application of other provisions of Code to health care corporations.

33-20-33. Payment of distribution of reserved funds or surplus; requirements for initial public offering; fees, taxes, and assessments; applicability of other provisions of Title 33; regulation.

33-20-34. Conversion of nonprofit health care corporation; requirements and procedures; rules and regulations.

Cross references. - Health insurance plans for public school teachers and other public school employees, § 20-2-880 et seq.

State health planning and development, T. 31, C. 6.

Public assistance for medical care, § 49-4-140 et seq.

Law reviews. - For note, "Paying the Piper: Third-party Payor Liability for Medical Treatment Decisions," see 25 Ga. L. Rev. 861 (1991).

RESEARCH REFERENCES

ALR. - Health insurance: provisions excluding or limiting liability in case of chronic diseases, 4 A.L.R. 875, 15 A.L.R. 1239.

Criterion of health for purpose of warranty or condition in insurance contract, 40 A.L.R. 662, 100 A.L.R. 362.

Validity and nature of group medical and hospital service plans, 167 A.L.R. 322.

Scope of provision in group health or accident insurance policy excluding from coverage sickness or accidents arising out of, or in the course of, employment, 47 A.L.R.2d 1240.

Provision of accident or health insurance policy that insured shall be under care of physician or surgeon, 84 A.L.R.2d 375.

When is medical expense "incurred" under policy providing for payment of medical expenses incurred within fixed period of time from date of injury, 10 A.L.R.3d 468.

Medical care insurance: right of insured under individual policy to coverage afforded by group policy from which he directly transferred on termination of his employment, 66 A.L.R.3d 1192.

Elimination of particular coverage, or termination, of health, hospitalization, or medical care insurance policy as affecting insurer's liability for insured's continuing hospitalization or medical expenses relating to previously covered illness, 66 A.L.R.3d 1205.

Right of "Blue Cross" or "Blue Shield," or similar hospital or medical service organization, to be subrogated to certificate holder's claims against tortfeasor, 73 A.L.R.3d 1140.

Admissibility of opinion evidence as to employability on issue of disability in health and accident insurance and workers' compensation cases, 89 A.L.R.3d 783.

Construction and application of provision in health or hospitalization policy excluding or postponing coverage of illness originating prior to issuance of policy or within stated time, 94 A.L.R.3d 990.

Construction and application of provision in health or hospitalization policy excluding or postponing coverage of illness for which medical care or treatment was received within stated time preceding or following issuance of policy, 95 A.L.R.3d 1290.

What services, equipment, or supplies are "medically necessary" for purposes of coverage under medical insurance, 75 A.L.R.4th 763.

Validity of state statute prohibiting health providers from the practice of waiving patients' obligation to pay health insurance deductibles or copayments, or advertising such practice, 8 A.L.R.5th 855.

Coverage under medical and health insurance plans for services performed by dentists, oral surgeons, and orthodontists, 43 A.L.R.5th 657.

The propriety, under ERISA (29 USCS §§ 1001 et seq.) and the Americans With Disabilities Act (42 USCS §§ 12101 et seq.), of capping health insurance coverage for HIV-related claims, 131 A.L.R. Fed. 191.