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2018 Georgia Code 33-20-34 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-20-34 Case Law from Google Scholar Amendments to OCGA 33-20-34

TITLE 33 INSURANCE

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

ARTICLE 7 MISCELLANEOUS PROVISIONS

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

    1. Any corporation which is governed by Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," and authorized under this chapter may merge with, or amend its articles of incorporation to become, a corporation governed by Chapter 2 of Title 14, the "Georgia Business Corporation Code," provided a detailed, written plan is submitted to the Commissioner for such conversion, written notice of such submission is given to the Attorney General, and, after a public hearing thereon, such plan is approved by the Commissioner after being found to be in the best interest of the company, its policyholders, and the general public.
    2. In any such public hearing, the Attorney General may appear before the Commissioner and make such presentation as he or she shall deem to be in the public's interest. The Attorney General shall provide representation to the Commissioner in any other legal action relating thereto. Nothing in this Code section shall be construed as a limitation upon the Attorney General in providing legal representation to the Commissioner during the pendency of any decision concerning conversion.
  2. The Commissioner may promulgate rules and regulations which are necessary to implement the provisions of this Code section.

(Code 1981, §33-20-34, enacted by Ga. L. 1995, p. 745, § 1.12.)

JUDICIAL DECISIONS

Administrative review of conversion plan.

- Where plaintiffs sought an interpretation of a plan of conversion which had been reviewed and approved by the Commissioner of Insurance, the parties were required to follow the administrative review process before seeking judicial review. Cerulean Cos. v. Tiller, 271 Ga. 65, 516 S.E.2d 522 (1999).

The trial court erred in deciding the merits of a proceeding seeking an interpretation of a plan of conversion because the Commissioner of Insurance had reviewed the plan, approved it, and participated in the conversion process after approval, and the parties were required to follow the administrative review process before seeking judicial review. Blue Cross & Blue Shield of Ga., Inc. v. Deal, 244 Ga. App. 700, 536 S.E.2d 590 (2000).

Review of order on plan of conversion.

- The orders encompassed by O.C.G.A. § 33-2-26 include hearings to determine the propriety of plans of conversion set forth in this section. Blue Cross & Blue Shield of Ga., Inc. v. Deal, 244 Ga. App. 700, 536 S.E.2d 590 (2000).

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