§ 33-64-10. Administration of Claims by Pharmacy Benefits Manager
A pharmacy benefits manager shall administer claims in compliance with Code Section 33-30-4.3 and shall not require insureds to use a mail-order pharmaceutical distributor including a mail-order pharmacy. A pharmacy benefits manager shall offer a health plan the ability to receive 100 percent of all rebates it receives from pharmaceutical manufacturers. In addition, a pharmacy […]
§ 33-64-11. Prohibited Activities of Pharmacy Benefits Manager
A pharmacy benefits manager shall be proscribed from: Prohibiting a pharmacist, pharmacy, or other dispenser or dispenser practice from providing an insured individual information on the amount of the insured’s cost share for such insured’s prescription drug and the clinical efficacy of a more affordable alternative drug if one is available. No pharmacist, pharmacy, or […]
§ 33-64-12. Legislative Findings; Surcharges and Reporting on Steering or Imposing Point-of-Sale Fees or Retroactive Fees
The General Assembly finds that: The practice of steering by a pharmacy benefits manager represents a conflict of interest; The practice of imposing point-of-sale fees or retroactive fees obscures the true cost of prescription drugs in this state; These practices have resulted in harm, including increasing drug prices, overcharging insureds and payors, restricting insureds’ choice […]
§ 33-64-13. Federal Law Governs
To the extent that any provision of this chapter is inconsistent or conflicts with applicable federal law, rule, or regulation, such applicable federal law, rule, or regulation shall apply. History. Code 1981, § 33-64-13 , enacted by Ga. L. 2020, p. 768, § 8/HB 946; Ga. L. 2020, p. 780, § 8/SB 313. Effective date. […]
§ 33-65-1. Short Title
This chapter shall be known and may be cited as the “Corporate Governance Annual Disclosure Act.” History. Code 1981, § 33-65-1 , enacted by Ga. L. 2019, p. 1038, § 1/HB 367.
§ 33-65-2. Definitions
As used in this chapter, the term: “Corporate governance annual disclosure” means a confidential report filed by the insurer or insurance group made in accordance with the requirements of this chapter. “Insurance group” means those insurers and affiliates included within an insurance holding company system as defined in paragraph (7) of Code Section 33-13-1. “Insurer” […]
§ 33-65-3. Corporate Governance Annual Disclosures; Requirements; Cross-Referencing Data
An insurer, or the insurance group of which the insurer is a member, shall, no later than June 1 of each calendar year, submit to the Commissioner a corporate governance annual disclosure that contains the information described in subsection (b) of Code Section 33-65-5. Notwithstanding any request from the Commissioner made pursuant to subsection (c) […]
§ 33-65-4. Issuance of Rules, Regulations, and Orders
The Commissioner may, upon notice and opportunity for all interested persons to be heard, issue such rules, regulations, and orders as shall be necessary to carry out the provisions of this chapter. History. Code 1981, § 33-65-4 , enacted by Ga. L. 2019, p. 1038, § 1/HB 367.
§ 33-65-5. Required Information in Corporate Governance Annual Disclosures; Additional Information
The insurer or insurance group shall have discretion over the responses to the corporate governance annual disclosure inquiries, provided that the corporate governance annual disclosure shall contain the material information necessary to permit the Commissioner to gain an understanding of the insurer’s or group’s corporate governance structure, policies, and practices. The Commissioner may request additional […]
§ 33-65-6. Proprietary and Confidential Nature of Disclosures; Limitation on Testimony
Documents, materials, or other information including the corporate governance annual disclosure, in the possession or control of the department that are obtained by, created by, or disclosed to the Commissioner or any other person under this chapter, are recognized by this state as being proprietary and to contain trade secrets. All such documents, materials, or […]