Section 33-29B-3. (Repealed effective January 1, 2014) Insurers subject to provisions of this chapter as condition of issuing coverage; open enrollment; guaranteed-issue coverage regardless of health status; special enrollment periods for loss of coverage due to qualifying event

   (a) All insurers that deliver or issue for delivery individual health insurance in this state shall be subject to the provisions of this chapter. As a condition of issuing coverage in the individual health market, an insurer shall ensure that at least one policy design issued pursuant to Code Section 33-29A-3 and this chapter shall be available to individuals applying for a child-only policy.

(b) Insurers shall offer guaranteed-issue coverage to primary subscribers under the age of 19 years during open enrollment periods during which insurers shall accept applications for child-only policies.

(c) During the open enrollment period set forth in subsection (b) of this Code section and within 30 days of a qualifying event, an insurer shall accept and grant an application to insure a qualified individual for a child-only policy on a guaranteed-issue basis without any limitations or exclusions of policy benefits based upon the applicant's health status pursuant to federal law.

(d) Insurers shall not offer child-only policies outside of the open enrollment period, except insurers shall permit a child under the age of 19 years to apply and enroll for coverage during a special enrollment period under the terms of the health benefit policy if the child has experienced a qualifying event.

(e) A special enrollment period shall last 30 days from the date the insurer receives notice of loss of coverage if:

   (1) Such notice is provided to the insurer no later than the sixtieth day after the loss of coverage;

   (2) The loss of other coverage results from:

      (A) Birth;

      (B) Adoption;

      (C) Marriage;

      (D) Dissolution of marriage;

      (E) Loss of employer sponsored insurance;

      (F) Loss of eligibility under Code Section 49-4-1 or 49-5-273;

      (G) Entry of a valid court or administrative order mandating the child be covered; or

      (H) Involuntary loss of other existing coverage for any reason other than fraud, misrepresentation, or failure to pay premium; or

   (3) The person under 19 years of age is not eligible for creditable coverage.

(f) Coverage under individual policies applied for during the open enrollment period shall become effective within 30 days following the end of such period. Coverage under individual policies applied for during a special enrollment period shall become effective within 30 days following the end of the special enrollment period.

(g) Nothing in this Code section shall prohibit an insurer from setting a premium rate for individuals based upon medical underwriting so long as such rate is in compliance with the applicable product's rate filing on record with the department. An insurer may impose a surcharge for up to 12 months if an individual enrolls in a child-only policy without prior creditable coverage in the 63 day period preceding the date of application. The amount of the surcharge may be up to an additional 50 percent of the premium rate that would be charged if an individual enrolls in a child-only policy with prior creditable coverage in the 63 day period preceding the date of application.

Code 1981, § 33-29B-3, enacted by Ga. L. 2012, p. 617, § 1/HB 1166.