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2018 Georgia Code 33-20-30 | Car Wreck Lawyer

TITLE 33 INSURANCE

Section 20. Health Care Plans, 33-20-1 through 33-20-34.

ARTICLE 7 MISCELLANEOUS PROVISIONS

33-20-30. Resolution of disputes.

Any dispute arising within the purview of this chapter with reference to the regulation and supervision of any health care corporation shall within 30 days after such dispute arises be submitted by the aggrieved person to the Commissioner for his decision with reference thereto, provided nothing in this Code section shall authorize or require the Commissioner to determine the contractual rights between the parties interested in any such corporations. After proper notice and hearing, any decisions and order of the Commissioner made pursuant to this chapter shall be binding on the persons involved unless set aside on review as provided by this Code section.

(Code 1933, § 56-1728a, enacted by Ga. L. 1976, p. 1461, § 1; Ga. L. 1982, p. 3, § 33.)

JUDICIAL DECISIONS

Exhaustion of remedies required.

- Medical group's suit for a declaratory judgment as to the group's rights to participate in a health maintenance organization under Georgia's Any Willing Provider Statute, O.C.G.A. § 33-20-16, was procedurally barred by the failure to exhaust administrative remedies by first submitting the group's dispute to the Georgia Insurance Commissioner pursuant to O.C.G.A. § 33-20-30. Northeast Ga. Cancer Care, LLC v. Blue Cross & Blue Shield of Ga., Inc., 297 Ga. App. 28, 676 S.E.2d 428 (2009), cert. denied, No. S09C1241, 2009 Ga. LEXIS 805 (Ga. 2009).

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