Georgia 2025-2026 Regular Session

Georgia House Bill HB928 Compare Versions

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11 25 LC 46 1213
22 House Bill 928
33 By: Representatives Willis of the 55
44 th
55 , Crawford of the 89
66 th
77 , McQueen of the 61
88 st
99 , Jackson
1010 of the 165
1111 th
1212 , and Miller of the 62
1313 nd
1414
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to
1818 1
1919 insurance generally, so as to provide that utilization review by an insurer shall not be2
2020 required in the instance in which a physician has determined the existence of dense breast3
2121 tissue and the medical necessity of a breast ultrasound; to provide for a definition; to provide4
2222 for related matters; to provide for an effective date and applicability; to repeal conflicting5
2323 laws; and for other purposes.6
2424 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
2525 SECTION 1.8
2626 Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance9
2727 generally, is amended by revising Code Section 33-24-59.32, relating to cost-sharing10
2828 requirements for diagnostic and supplemental breast screening examinations, as follows: 11
2929 "33-24-59.32.12
3030 (a) As used in this Code section, the term:13
3131 (1) 'Breast magnetic resonance imaging' or 'breast
3232 MRI' means a diagnostic and14
3333 screening tool, including standard and abbreviated breast MRI, that uses radio waves and15
3434 magnets to produce detailed images of structures within the breast.16
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3737 (2) 'Breast ultrasound' means a noninvasive diagnostic and screening tool that uses
3838 17
3939 high-frequency sound waves and their echoes to produce detailed images of structures18
4040 within the breast.19
4141 (3) 'Cost-sharing requirement' means a deductible, coinsurance, or copayment and any20
4242 maximum limitation on the application of such a deductible, coinsurance, copayment, or21
4343 similar out-of-pocket expense.22
4444 (4) 'Dense breast tissue' means heterogeneously or extremely dense breast tissue based
4545 23
4646 on nationally recognized guidelines or systems for breast imaging reporting of24
4747 mammography, including, but not limited to, the Breast Imaging Reporting and Data25
4848 System established by the American College of Radiology.26
4949 (4)(5) 'Diagnostic breast examination' means a medically necessary and clinically27
5050 appropriate examination of the breast, including such examination using breast MRI,28
5151 breast ultrasound, or mammogram, that is:29
5252 (A) Used to evaluate an abnormality seen or suspected from a screening examination30
5353 for breast cancer; or31
5454 (B) Used to evaluate an abnormality detected by another means of examination.32
5555 (5)(6) 'Health benefit policy' means any individual or group plan, policy, or contract for33
5656 health care healthcare services issued, delivered, issued for delivery, executed, or34
5757 renewed by an insurer in this state.35
5858 (6)(7) 'Insurer' means any person, corporation, or other entity authorized to provide36
5959 health benefit policies under this title.37
6060 (7)(8) 'Mammogram' means a diagnostic or screening mammography exam using a38
6161 low-dose X-ray to produce an image of the breast.39
6262 (8)(9) 'Supplemental breast screening examination' means a medically necessary and40
6363 clinically appropriate examination of the breast, including such examination using breast41
6464 MRI, breast ultrasound, or mammogram, that is:42
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6767 (A) Used to screen for breast cancer when there is no abnormality seen or suspected
6868 43
6969 in the breast; or44
7070 (B) Based on personal or family medical history or additional factors that may increase45
7171 the individual's risk of breast cancer.46
7272 (b) A health benefit policy that provides coverage for diagnostic breast
7373 examinations for47
7474 breast cancer shall include provisions that ensure that the cost-sharing requirements48
7575 applicable to diagnostic breast examinations and supplemental breast screening49
7676 examinations are no less favorable than the cost-sharing requirements applicable to50
7777 screening mammography for breast cancer.51
7878 (c) Nothing in this Code section shall be construed to preclude existing utilization review52
7979 provided under Chapter 46 of this title, except that, if a supplemental breast screening53
8080 examination reveals the existence of dense breast tissue, following the patient notification54
8181 required in Code Section 31-1-17, the diagnosing physician may determine whether a55
8282 breast ultrasound is medically necessary, and such determination shall not be disputed56
8383 through utilization review or any other procedure by an insurer for purposes of denying57
8484 insurance coverage for such examinee.58
8585 (d) If under federal law application of subsection (b) of this Code section would result in59
8686 Health Savings Account ineligibility under Section 223 of the Internal Revenue Code, such60
8787 cost-sharing requirement shall apply only for Health Savings Account qualified High61
8888 Deductible Health Plans with respect to the deductible of such plan after the enrollee has62
8989 satisfied the minimum deductible under Section 223 of the Internal Revenue Code, except63
9090 with respect to items or services that are preventive care pursuant to Section 223(c)(2)(C)64
9191 of the Internal Revenue Code, in which case the requirements of subsection (b) of this65
9292 Code section shall apply regardless of whether the minimum deductible under Section 22366
9393 of the Internal Revenue Code has been satisfied.67
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9696 (e) The Commissioner shall promulgate rules and regulations necessary to implement the
9797 68
9898 provisions of this Code section in accordance with current guidelines established by69
9999 professional medical organizations such as the National Comprehensive Cancer Network."70
100100 SECTION 2.71
101101 This Act shall become effective on July 1, 2025, and shall apply to all applicable policies,72
102102 contracts, and certificates executed, delivered, issued for delivery, or renewed in this state73
103103 on or after October 1, 2025.74
104104 SECTION 3.75
105105 All laws and parts of laws in conflict with this Act are repealed.76
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