Georgia 2025-2026 Regular Session

Georgia House Bill HB654 Compare Versions

Only one version of the bill is available at this time.
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11 25 LC 46 1138
22 House Bill 654
33 By: Representatives Campbell of the 35
44 th
55 , Au of the 50
66 th
77 , Wilkerson of the 38
88 th
99 , Clark of the
1010 108
1111 th
1212 , and Westbrook of the 163
1313 rd
1414
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated,
1818 1
1919 relating to general provisions regarding insurance, so as to prohibit insurers or third-party2
2020 administrators from conditioning the payment of any medical test or procedure or3
2121 prescription drug benefit on prior authorization; to amend Chapter 64 of Title 33 of the4
2222 Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefit5
2323 managers, so as to prohibit pharmacy benefit managers from conditioning the payment of any6
2424 benefit for a prescription drug on prior authorization; to amend Article 2 of Chapter 34 of7
2525 Title 43 of the Official Code of Georgia Annotated, relating to medical practice, so as to8
2626 provide that a physician shall not be required to obtain any prior authorization in their9
2727 exercise of patient healthcare; to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the10
2828 Official Code of Georgia Annotated, relating to state employees' health insurance plan, so11
2929 as not to condition the payment of any medical test or procedure or prescription drug benefit12
3030 on prior authorization; to provide for definitions; to provide for related matters; to provide13
3131 for an effective date and applicability; to repeal conflicting laws; and for other purposes.14
3232 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
3333 H. B. 654
3434 - 1 - 25 LC 46 1138
3535 SECTION 1.
3636 16
3737 Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to17
3838 general provisions regarding insurance, is amended by adding a new Code section to read as18
3939 follows:19
4040 "33-24-59.34.
4141 20
4242 (a) As used in this Code section, the term 'health benefit plan' means any individual or21
4343 group plan, policy, or contract for healthcare services issued, delivered, issued for delivery,22
4444 or renewed in this state which provides major medical benefits by a healthcare corporation,23
4545 health maintenance organization, preferred provider organization, accident and sickness24
4646 insurer, fraternal benefit society, hospital service corporation, medical service corporation,25
4747 or other insurer or similar entity.26
4848 (b) Notwithstanding any provision of law to the contrary, neither an insurer nor a27
4949 third-party administrator shall condition the payment of any benefit for a medical test or28
5050 procedure or for a prescription drug upon any preapproval, prior authorization, or29
5151 precertification of any kind by an insurer if such test, procedure, or prescription drug is30
5252 otherwise covered under the health benefit plan and such medical test, procedure, or31
5353 prescription drug has been prescribed by licensed healthcare provider."32
5454 SECTION 2.33
5555 Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and34
5656 licensure of pharmacy benefit managers, is amended by adding a new Code section to read35
5757 as follows:36
5858 "33-64-14.37
5959 (a) As used in this Code section, the term 'health benefit plan' means any individual or38
6060 group plan, policy, or contract for healthcare services issued, delivered, issued for delivery,39
6161 or renewed in this state which provides major medical benefits by a healthcare corporation,40
6262 health maintenance organization, preferred provider organization, accident and sickness41
6363 H. B. 654
6464 - 2 - 25 LC 46 1138
6565 insurer, fraternal benefit society, hospital service corporation, medical service corporation,42
6666 or other insurer or similar entity.43
6767 (b) Notwithstanding any provision of law to the contrary, a pharmacy benefit manager44
6868 shall not condition the payment of any benefit for a prescription drug upon any45
6969 preapproval, prior authorization, or precertification of any kind by such pharmacy benefit46
7070 manager, insurer, or purchaser if such prescription drug is otherwise covered under the47
7171 health benefit plan and such drug has been prescribed by a licensed healthcare provider."48
7272 SECTION 3.49
7373 Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to50
7474 medical practice, is amended by adding a new Code section to read as follows:51
7575 "43-34-49.52
7676 No physician shall be required to obtain preapproval, prior authorization, or precertification53
7777 from an insurer with regard to the healthcare of his or her patients."54
7878 SECTION 4.55
7979 Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated,56
8080 relating to state employees' health insurance plan, is amended by adding a new Code section57
8181 to read as follows:58
8282 "45-18-4.2.59
8383 (a) As used in this Code section, the term 'health benefit plan' means any individual or60
8484 group plan, policy, or contract for healthcare services issued, delivered, issued for delivery,61
8585 or renewed in this state which provides major medical benefits by a healthcare corporation,62
8686 health maintenance organization, preferred provider organization, accident and sickness63
8787 insurer, fraternal benefit society, hospital service corporation, medical service corporation,64
8888 or other insurer or similar entity.65
8989 H. B. 654
9090 - 3 - 25 LC 46 1138
9191 (b) Notwithstanding any provision of law to the contrary, the health insurance plan66
9292 established pursuant to this article shall not condition the payment of any benefit for a67
9393 medical test or procedure or for a prescription drug upon any preapproval, prior68
9494 authorization, or precertification of any kind if such test, procedure, or prescription drug69
9595 is otherwise covered under such plan and is prescribed by a licensed healthcare provider."70
9696 SECTION 5.71
9797 This Act shall become effective upon its approval by the Governor or upon its becoming law72
9898 without such approval and shall apply to all health benefit plans issued, delivered, issued for73
9999 delivery, or renewed in this state on or after July 1, 2026.74
100100 SECTION 6.75
101101 All laws and parts of laws in conflict with this Act are repealed.76
102102 H. B. 654
103103 - 4 -