1 | 1 | | 25 LC 46 1138 |
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2 | 2 | | House Bill 654 |
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3 | 3 | | By: Representatives Campbell of the 35 |
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4 | 4 | | th |
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5 | 5 | | , Au of the 50 |
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6 | 6 | | th |
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7 | 7 | | , Wilkerson of the 38 |
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8 | 8 | | th |
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9 | 9 | | , Clark of the |
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10 | 10 | | 108 |
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11 | 11 | | th |
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12 | 12 | | , and Westbrook of the 163 |
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13 | 13 | | rd |
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14 | 14 | | |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, |
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18 | 18 | | 1 |
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19 | 19 | | relating to general provisions regarding insurance, so as to prohibit insurers or third-party2 |
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20 | 20 | | administrators from conditioning the payment of any medical test or procedure or3 |
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21 | 21 | | prescription drug benefit on prior authorization; to amend Chapter 64 of Title 33 of the4 |
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22 | 22 | | Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefit5 |
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23 | 23 | | managers, so as to prohibit pharmacy benefit managers from conditioning the payment of any6 |
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24 | 24 | | benefit for a prescription drug on prior authorization; to amend Article 2 of Chapter 34 of7 |
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25 | 25 | | Title 43 of the Official Code of Georgia Annotated, relating to medical practice, so as to8 |
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26 | 26 | | provide that a physician shall not be required to obtain any prior authorization in their9 |
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27 | 27 | | exercise of patient healthcare; to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the10 |
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28 | 28 | | Official Code of Georgia Annotated, relating to state employees' health insurance plan, so11 |
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29 | 29 | | as not to condition the payment of any medical test or procedure or prescription drug benefit12 |
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30 | 30 | | on prior authorization; to provide for definitions; to provide for related matters; to provide13 |
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31 | 31 | | for an effective date and applicability; to repeal conflicting laws; and for other purposes.14 |
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32 | 32 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 |
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33 | 33 | | H. B. 654 |
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34 | 34 | | - 1 - 25 LC 46 1138 |
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35 | 35 | | SECTION 1. |
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36 | 36 | | 16 |
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37 | 37 | | Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to17 |
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38 | 38 | | general provisions regarding insurance, is amended by adding a new Code section to read as18 |
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39 | 39 | | follows:19 |
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40 | 40 | | "33-24-59.34. |
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41 | 41 | | 20 |
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42 | 42 | | (a) As used in this Code section, the term 'health benefit plan' means any individual or21 |
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43 | 43 | | group plan, policy, or contract for healthcare services issued, delivered, issued for delivery,22 |
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44 | 44 | | or renewed in this state which provides major medical benefits by a healthcare corporation,23 |
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45 | 45 | | health maintenance organization, preferred provider organization, accident and sickness24 |
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46 | 46 | | insurer, fraternal benefit society, hospital service corporation, medical service corporation,25 |
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47 | 47 | | or other insurer or similar entity.26 |
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48 | 48 | | (b) Notwithstanding any provision of law to the contrary, neither an insurer nor a27 |
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49 | 49 | | third-party administrator shall condition the payment of any benefit for a medical test or28 |
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50 | 50 | | procedure or for a prescription drug upon any preapproval, prior authorization, or29 |
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51 | 51 | | precertification of any kind by an insurer if such test, procedure, or prescription drug is30 |
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52 | 52 | | otherwise covered under the health benefit plan and such medical test, procedure, or31 |
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53 | 53 | | prescription drug has been prescribed by licensed healthcare provider."32 |
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54 | 54 | | SECTION 2.33 |
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55 | 55 | | Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and34 |
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56 | 56 | | licensure of pharmacy benefit managers, is amended by adding a new Code section to read35 |
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57 | 57 | | as follows:36 |
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58 | 58 | | "33-64-14.37 |
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59 | 59 | | (a) As used in this Code section, the term 'health benefit plan' means any individual or38 |
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60 | 60 | | group plan, policy, or contract for healthcare services issued, delivered, issued for delivery,39 |
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61 | 61 | | or renewed in this state which provides major medical benefits by a healthcare corporation,40 |
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62 | 62 | | health maintenance organization, preferred provider organization, accident and sickness41 |
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63 | 63 | | H. B. 654 |
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64 | 64 | | - 2 - 25 LC 46 1138 |
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65 | 65 | | insurer, fraternal benefit society, hospital service corporation, medical service corporation,42 |
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66 | 66 | | or other insurer or similar entity.43 |
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67 | 67 | | (b) Notwithstanding any provision of law to the contrary, a pharmacy benefit manager44 |
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68 | 68 | | shall not condition the payment of any benefit for a prescription drug upon any45 |
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69 | 69 | | preapproval, prior authorization, or precertification of any kind by such pharmacy benefit46 |
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70 | 70 | | manager, insurer, or purchaser if such prescription drug is otherwise covered under the47 |
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71 | 71 | | health benefit plan and such drug has been prescribed by a licensed healthcare provider."48 |
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72 | 72 | | SECTION 3.49 |
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73 | 73 | | Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to50 |
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74 | 74 | | medical practice, is amended by adding a new Code section to read as follows:51 |
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75 | 75 | | "43-34-49.52 |
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76 | 76 | | No physician shall be required to obtain preapproval, prior authorization, or precertification53 |
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77 | 77 | | from an insurer with regard to the healthcare of his or her patients."54 |
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78 | 78 | | SECTION 4.55 |
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79 | 79 | | Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated,56 |
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80 | 80 | | relating to state employees' health insurance plan, is amended by adding a new Code section57 |
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81 | 81 | | to read as follows:58 |
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82 | 82 | | "45-18-4.2.59 |
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83 | 83 | | (a) As used in this Code section, the term 'health benefit plan' means any individual or60 |
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84 | 84 | | group plan, policy, or contract for healthcare services issued, delivered, issued for delivery,61 |
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85 | 85 | | or renewed in this state which provides major medical benefits by a healthcare corporation,62 |
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86 | 86 | | health maintenance organization, preferred provider organization, accident and sickness63 |
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87 | 87 | | insurer, fraternal benefit society, hospital service corporation, medical service corporation,64 |
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88 | 88 | | or other insurer or similar entity.65 |
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89 | 89 | | H. B. 654 |
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90 | 90 | | - 3 - 25 LC 46 1138 |
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91 | 91 | | (b) Notwithstanding any provision of law to the contrary, the health insurance plan66 |
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92 | 92 | | established pursuant to this article shall not condition the payment of any benefit for a67 |
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93 | 93 | | medical test or procedure or for a prescription drug upon any preapproval, prior68 |
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94 | 94 | | authorization, or precertification of any kind if such test, procedure, or prescription drug69 |
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95 | 95 | | is otherwise covered under such plan and is prescribed by a licensed healthcare provider."70 |
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96 | 96 | | SECTION 5.71 |
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97 | 97 | | This Act shall become effective upon its approval by the Governor or upon its becoming law72 |
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98 | 98 | | without such approval and shall apply to all health benefit plans issued, delivered, issued for73 |
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99 | 99 | | delivery, or renewed in this state on or after July 1, 2026.74 |
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100 | 100 | | SECTION 6.75 |
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101 | 101 | | All laws and parts of laws in conflict with this Act are repealed.76 |
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102 | 102 | | H. B. 654 |
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103 | 103 | | - 4 - |
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