Georgia 2023-2024 Regular Session

Georgia House Bill HB984 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 HB 984/AP
2		-	House Bill 984 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Lumsden of the 12
4		-	th
5		-	, Tarvin of the 2
6		-	nd
7		-	, Taylor of the 173
8		-	rd
9		-	, Williams of
10		-	the 148
11		-	th
12		-	, and Gullett of the 19
13		-	th
14		-
	1	+	24 LC 52 0528S
	2	+	The Senate Committee on Insurance and Labor offered the following
	3	+	substitute to HB 984:
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Titles 25 and 33 of the Official Code of Georgia Annotated, relating to fire
18		-	1
	6	+	To amend Titles 25 and 33 of the Official Code of Georgia Annotated, relating to fire1
19	7		protection and safety and insurance, respectively, so as to modernize the practices of the2
20	8		Office of Insurance and Safety Fire Commissioner and insurers to promote efficiency; to3
21	9		provide for the off-duty use of motor vehicles by certain law enforcement officers; to repeal4
22	10		a life insurance reserves requirement for small companies for accreditation purposes; to allow5
23	11		a plan sponsor of a health benefit plan to consent on behalf of a covered person to the6
24	12		electronic transmittal or electronic posting of such plan; to allow a covered person to opt out7
25	13		of such electronic transmittal or electronic posting; to allow for the continuation of coverage8
26	14		of a developmentally disabled or physically disabled dependent child under certain policies;9
27	15		to provide for related matters; to provide for effective dates and applicability; to repeal10
28	16		conflicting laws; and for other purposes.11
29	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
30	18		SECTION 1.13
31	19		Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is14
32	20		amended in Chapter 2, relating to regulation of fire and other hazards to persons and property15
33	21		generally, by adding a new Code section to read as follows:16
34		-	H. B. 984
35		-	- 1 - 24 HB 984/AP
	22	+	- 1 - 24 LC 52 0528S
36	23		"25-2-8.1.17
37	24		(a)(1) Certified law enforcement officers employed by the office of Safety Fire18
38	25		Commissioner may use an office motor vehicle while working an off-duty job if such job19
39	26		requires vested police powers as a condition of employment, has been approved by the20
40	27		Commissioner, and has been determined by the Commissioner to be in furtherance of the21
41	28		office's mission and service to the state. Office motor vehicles used for off-duty22
42	29		employment shall not be used at any political function.23
43	30		(2) Except as otherwise provided for in this subsection, office motor vehicles shall be24
44	31		used only in the discharge of official duties.25
45	32		(3) Any other office equipment shall be used only with the express written approval of26
46	33		the Commissioner.27
47	34		(b) The Commissioner, in his or her sole discretion, in granting approval for such off-duty28
48	35		job in which an office motor vehicle is used, prior to the use of such vehicle, shall29
49	36		determine whether the off-duty employer provided for in subsection (a) of this Code30
50	37		section shall reimburse the office for use of the vehicle. When reimbursement is required,31
51	38		such off-duty employer shall enter into a written agreement with the office to pay an32
52	39		amount determined by the Commissioner to be sufficient to reimburse the office for the use33
53	40		of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such34
54	41		agreement, the office shall pay the employee of the office the compensation earned on35
55	42		off-duty employment whenever such employee performs such service in an office motor36
56	43		vehicle; provided, however, that such compensation shall not be characterized as direct37
57	44		employment compensation but shall be paid as services under contract.38
58	45		(c) Employees of the office operating an office motor vehicle pursuant to this Code section39
59	46		shall be deemed to be acting within the scope of their official duties and employment40
60	47		within the meaning of Article 2 of Chapter 21 of Title 50, 'The Georgia Tort Claims Act,'41
61	48		and the commissioner of administrative services shall provide liability coverage for claims42
62	49		arising out of such use.43
63		-	H. B. 984
64		-	- 2 - 24 HB 984/AP
	50	+	- 2 - 24 LC 52 0528S
65	51		(d) The Commissioner shall adopt rules and regulations governing the use of office motor44
66	52		vehicles and equipment by off-duty office employees subject to Code Section 25-2-4."45
67	53		SECTION 2.46
68	54		Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in47
69	55		Chapter 2, relating to department and Commissioner, by revising Code Section 33-2-8, which48
70	56		is reserved, as follows:49
71	57		"33-2-8.50
72	58		(a)(1) Certified law enforcement officers employed by the department may use a51
73	59		department motor vehicle while working an off-duty job if such job requires vested police52
74	60		powers as a condition of employment, has been approved by the Commissioner, and has53
75	61		been determined by the Commissioner to be in furtherance of the department's mission54
76	62		and service to the state. Department motor vehicles used for off-duty employment shall55
77	63		not be used at any political function.56
78	64		(2) Except as otherwise provided for in this subsection, department motor vehicles shall57
79	65		be used only in the discharge of official duties.58
80	66		(3) Any other department equipment shall be used only with the express written approval59
81	67		of the Commissioner.60
82	68		(b) The Commissioner, in his or her sole discretion, in granting approval for such off-duty61
83	69		job in which a department motor vehicle is used, prior to the use of such vehicle, shall62
84	70		determine whether the off-duty employer provided for in subsection (a) of this Code63
85	71		section shall reimburse the department for use of the vehicle. When reimbursement is64
86	72		required, such off-duty employer shall enter into a written agreement with the department65
87	73		to pay an amount determined by the Commissioner to be sufficient to reimburse the66
88	74		department for the use of the vehicle and to pay the off-duty employee sufficient67
89	75		compensation. Pursuant to such agreement, the department shall pay the employee of the68
90	76		department the compensation earned on off-duty employment whenever such employee69
91		-	H. B. 984
92		-	- 3 - 24 HB 984/AP
	77	+	- 3 - 24 LC 52 0528S
93	78		performs such service in a department motor vehicle; provided, however, that such70
94	79		compensation shall not be characterized as direct employment compensation but shall be71
95	80		paid as services under contract.72
96	81		(c) Employees of the department operating a department motor vehicle pursuant to this73
97	82		Code section shall be deemed to be acting within the scope of their official duties and74
98	83		employment within the meaning of Article 2 of Chapter 21 of Title 50, 'The Georgia Tort75
99	84		Claims Act,' and the commissioner of administrative services shall provide liability76
100	85		coverage for claims arising out of such use.77
101	86		(d) The Commissioner shall adopt rules and regulations governing the use of department78
102	87		motor vehicles and equipment by off-duty department employees. Reserved."79
103	88		SECTION 3.80
104	89		Said title is further amended by repealing subsection (t) of Code Section 33-10-13, relating81
105	90		to standard valuation.82
106	91		SECTION 4.83
107	92		Said title is further amended by revising Code Section 33-24-14.1, relating to electronic84
108	93		delivery of plan documentation, as follows:85
109	94		"33-24-14.1.86
110	95		(a) As used in this Code section, the term:87
111	96		(1) 'Health benefit plan' means a policy, contract, certificate, or agreement entered into,88
112	97		offered by, or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse89
113	98		any of the costs of healthcare services, including a vision or dental benefit plan.90
114	99		(2) 'Plan sponsor' means a person, other than a regulated entity, who establishes, adopts,91
115	100		or maintains a health benefit plan that covers residents of this state, including a plan92
116	101		established, adopted, or maintained by an employer or jointly by an employer and one or93
117		-	H. B. 984
118		-	- 4 - 24 HB 984/AP
119		-	more employee organizations, an association, a committee, a joint board of trustees, or
120		-	94
	102	+	- 4 - 24 LC 52 0528S
	103	+	more employee organizations, an association, a committee, a joint board of trustees, or94
121	104		any similar group of representatives who establish, adopt, or maintain a plan.95
122		-	(b) The plan sponsor of a health benefit plan may, on behalf of a party enrolled in the plan,
123		-	96
	105	+	(b) The plan sponsor of a health benefit plan may, on behalf of a party enrolled in the plan,96
124	106		provide the consent to the mailing covered person, consent to the delivery of the plan by97
125	107		electronic transmittal or electronic posting, to the delivery of all communications related98
126	108		to the plan by electronic means otherwise required by paragraph (2) of subsection (d) of99
127	109		Code Section 33-24-14, and to the electronic delivery of any health insurance identification100
128	110		card required by Code Section 33-24-57.1.101
129	111		(c) Before consenting on behalf of a party covered person, a plan sponsor must shall102
130	112		confirm that the party covered person routinely uses electronic communications during the103
131	113		normal course of employment.104
132	114		(c.1) Before providing delivery of a health benefit plan by electronic transmittal or105
133	115		electronic posting, the insurer for the plan shall:106
134	116		(1) Provide the covered person an opportunity to opt out of the electronic transmittal or107
135	117		electronic posting of the plan; and108
136	118		(2) Document that the remaining conditions under subparagraphs (a)(2)(B) through109
137	119		(a)(2)(E) of Code Section 33-24-14 are satisfied.110
138	120		(d) Before providing delivery of communications related to the plan or a health insurance111
139	121		identification card by electronic means, the insurer for the health benefit plan must shall:112
140	122		(1) Provide the party covered person an opportunity to opt out of delivery by electronic113
141	123		means; and114
142	124		(2) Document that the remaining conditions under paragraphs (4) through (9) of115
143	125		subsection (d) of Code Section 33-24-14 are satisfied."116
144	126		SECTION 5.117
145	127		Said title is further amended by revising Code Section 33-24-28, relating to termination of118
146	128		coverage of dependent child upon attainment of specified age, as follows:119
147		-	H. B. 984
148		-	- 5 - 24 HB 984/AP
149		-	"33-24-28.
150		-	120
	129	+	- 5 - 24 LC 52 0528S
	130	+	"33-24-28.120
151	131		(a) An individual hospital or medical expense insurance policy or hospital contract which121
152	132		provides that coverage of a dependent child shall terminate upon attainment of the limiting122
153	133		age for dependent children specified in the policy or contract shall also provide in123
154	134		substance that attainment of the limiting age shall not operate to terminate the coverage of124
155		-	the child while the child is and continues to be both incapable of self-sustaining
156		-	125
	135	+	the child while the child is and continues to be both incapable of self-sustaining125
157	136		employment by reason of developmental disability or physical disability as determined by126
158	137		the Department of Behavioral Health and Developmental Disabilities and chiefly127
159	138		dependent upon the policyholder or subscriber for support and maintenance, provided proof128
160	139		of incapacity developmentally disabled or physically disabled, provided that proof of129
161	140		disability and dependency is furnished to the insurer or hospital by the policyholder or130
162	141		subscriber within 31 days of the child's attainment of the limiting age and subsequently as131
163	142		may be required by the insurer or corporation but not more frequently than annually after132
164	143		the two-year period following the child's attainment of the limiting age.133
165	144		(b) A group hospital or medical expense insurance policy or hospital contract which134
166	145		provides that coverage of a dependent child of an employee or other member of the covered135
167	146		group shall terminate upon attainment of the limiting age for dependent children specified136
168	147		in the policy or contract shall also provide in substance that attainment of such limiting age137
169	148		shall not operate to terminate the coverage of the child while the child is and continues to138
170	149		be both incapable of self-sustaining employment by reason of developmental disability or139
171	150		physical disability as determined by the Department of Behavioral Health and140
172	151		Developmental Disabilities and chiefly dependent upon the employee or member for141
173	152		support and maintenance, provided proof of incapacity developmentally disabled or142
174	153		physically disabled, provided that proof of disability and dependency is furnished to the143
175	154		insurer or hospital by the employee or member within 31 days of the child's attainment of144
176	155		the limiting age and subsequently as may be required by the insurer or corporation but not145
177		-	H. B. 984
178		-	- 6 - 24 HB 984/AP
179		-	more frequently than annually after the two-year period following the child's attainment
180		-	146
	156	+	- 6 - 24 LC 52 0528S
	157	+	more frequently than annually after the two-year period following the child's attainment146
181	158		of the limiting age.147
182	159		(c) This Code section shall apply equally to health insurance policies issued pursuant to148
183	160		Chapters 29 and 30 of this title, coverage by health maintenance organizations under149
184	161		Chapter 21 of this title, and health care plans under Chapter 20 of this title."150
185	162		SECTION 6.151
186	163		(a) This Act shall become effective upon its approval by the Governor or upon its becoming152
187	164		law without such approval, except as otherwise provided in subsection (b) of this section.153
188	165		(b) Section 4 of this Act shall become effective on July 1, 2024, and shall apply to all154
189	166		policies, certificates, or contracts issued, delivered, issued for delivery, or renewed in this155
190	167		state on or after such date.156
191	168		SECTION 7.157
192	169		All laws and parts of laws in conflict with this Act are repealed.158
193		-	H. B. 984
194	170		- 7 -