1 | 1 | | 25 LC 46 1213 |
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2 | 2 | | House Bill 928 |
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3 | 3 | | By: Representatives Willis of the 55 |
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4 | 4 | | th |
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5 | 5 | | , Crawford of the 89 |
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6 | 6 | | th |
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7 | 7 | | , McQueen of the 61 |
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8 | 8 | | st |
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9 | 9 | | , Jackson |
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10 | 10 | | of the 165 |
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11 | 11 | | th |
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12 | 12 | | , and Miller of the 62 |
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13 | 13 | | nd |
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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 Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to |
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18 | 18 | | 1 |
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19 | 19 | | insurance generally, so as to provide that utilization review by an insurer shall not be2 |
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20 | 20 | | required in the instance in which a physician has determined the existence of dense breast3 |
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21 | 21 | | tissue and the medical necessity of a breast ultrasound; to provide for a definition; to provide4 |
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22 | 22 | | for related matters; to provide for an effective date and applicability; to repeal conflicting5 |
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23 | 23 | | laws; and for other purposes.6 |
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24 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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25 | 25 | | SECTION 1.8 |
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26 | 26 | | Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance9 |
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27 | 27 | | generally, is amended by revising Code Section 33-24-59.32, relating to cost-sharing10 |
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28 | 28 | | requirements for diagnostic and supplemental breast screening examinations, as follows: 11 |
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29 | 29 | | "33-24-59.32.12 |
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30 | 30 | | (a) As used in this Code section, the term:13 |
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31 | 31 | | (1) 'Breast magnetic resonance imaging' or 'breast |
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32 | 32 | | MRI' means a diagnostic and14 |
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33 | 33 | | screening tool, including standard and abbreviated breast MRI, that uses radio waves and15 |
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34 | 34 | | magnets to produce detailed images of structures within the breast.16 |
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35 | 35 | | H. B. 928 |
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37 | 37 | | (2) 'Breast ultrasound' means a noninvasive diagnostic and screening tool that uses |
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38 | 38 | | 17 |
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39 | 39 | | high-frequency sound waves and their echoes to produce detailed images of structures18 |
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40 | 40 | | within the breast.19 |
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41 | 41 | | (3) 'Cost-sharing requirement' means a deductible, coinsurance, or copayment and any20 |
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42 | 42 | | maximum limitation on the application of such a deductible, coinsurance, copayment, or21 |
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43 | 43 | | similar out-of-pocket expense.22 |
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44 | 44 | | (4) 'Dense breast tissue' means heterogeneously or extremely dense breast tissue based |
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45 | 45 | | 23 |
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46 | 46 | | on nationally recognized guidelines or systems for breast imaging reporting of24 |
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47 | 47 | | mammography, including, but not limited to, the Breast Imaging Reporting and Data25 |
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48 | 48 | | System established by the American College of Radiology.26 |
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49 | 49 | | (4)(5) 'Diagnostic breast examination' means a medically necessary and clinically27 |
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50 | 50 | | appropriate examination of the breast, including such examination using breast MRI,28 |
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51 | 51 | | breast ultrasound, or mammogram, that is:29 |
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52 | 52 | | (A) Used to evaluate an abnormality seen or suspected from a screening examination30 |
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53 | 53 | | for breast cancer; or31 |
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54 | 54 | | (B) Used to evaluate an abnormality detected by another means of examination.32 |
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55 | 55 | | (5)(6) 'Health benefit policy' means any individual or group plan, policy, or contract for33 |
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56 | 56 | | health care healthcare services issued, delivered, issued for delivery, executed, or34 |
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57 | 57 | | renewed by an insurer in this state.35 |
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58 | 58 | | (6)(7) 'Insurer' means any person, corporation, or other entity authorized to provide36 |
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59 | 59 | | health benefit policies under this title.37 |
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60 | 60 | | (7)(8) 'Mammogram' means a diagnostic or screening mammography exam using a38 |
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61 | 61 | | low-dose X-ray to produce an image of the breast.39 |
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62 | 62 | | (8)(9) 'Supplemental breast screening examination' means a medically necessary and40 |
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63 | 63 | | clinically appropriate examination of the breast, including such examination using breast41 |
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64 | 64 | | MRI, breast ultrasound, or mammogram, that is:42 |
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65 | 65 | | H. B. 928 |
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66 | 66 | | - 2 - 25 LC 46 1213 |
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67 | 67 | | (A) Used to screen for breast cancer when there is no abnormality seen or suspected |
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68 | 68 | | 43 |
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69 | 69 | | in the breast; or44 |
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70 | 70 | | (B) Based on personal or family medical history or additional factors that may increase45 |
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71 | 71 | | the individual's risk of breast cancer.46 |
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72 | 72 | | (b) A health benefit policy that provides coverage for diagnostic breast |
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73 | 73 | | examinations for47 |
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74 | 74 | | breast cancer shall include provisions that ensure that the cost-sharing requirements48 |
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75 | 75 | | applicable to diagnostic breast examinations and supplemental breast screening49 |
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76 | 76 | | examinations are no less favorable than the cost-sharing requirements applicable to50 |
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77 | 77 | | screening mammography for breast cancer.51 |
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78 | 78 | | (c) Nothing in this Code section shall be construed to preclude existing utilization review52 |
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79 | 79 | | provided under Chapter 46 of this title, except that, if a supplemental breast screening53 |
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80 | 80 | | examination reveals the existence of dense breast tissue, following the patient notification54 |
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81 | 81 | | required in Code Section 31-1-17, the diagnosing physician may determine whether a55 |
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82 | 82 | | breast ultrasound is medically necessary, and such determination shall not be disputed56 |
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83 | 83 | | through utilization review or any other procedure by an insurer for purposes of denying57 |
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84 | 84 | | insurance coverage for such examinee.58 |
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85 | 85 | | (d) If under federal law application of subsection (b) of this Code section would result in59 |
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86 | 86 | | Health Savings Account ineligibility under Section 223 of the Internal Revenue Code, such60 |
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87 | 87 | | cost-sharing requirement shall apply only for Health Savings Account qualified High61 |
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88 | 88 | | Deductible Health Plans with respect to the deductible of such plan after the enrollee has62 |
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89 | 89 | | satisfied the minimum deductible under Section 223 of the Internal Revenue Code, except63 |
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90 | 90 | | with respect to items or services that are preventive care pursuant to Section 223(c)(2)(C)64 |
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91 | 91 | | of the Internal Revenue Code, in which case the requirements of subsection (b) of this65 |
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92 | 92 | | Code section shall apply regardless of whether the minimum deductible under Section 22366 |
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93 | 93 | | of the Internal Revenue Code has been satisfied.67 |
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94 | 94 | | H. B. 928 |
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96 | 96 | | (e) The Commissioner shall promulgate rules and regulations necessary to implement the |
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97 | 97 | | 68 |
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98 | 98 | | provisions of this Code section in accordance with current guidelines established by69 |
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99 | 99 | | professional medical organizations such as the National Comprehensive Cancer Network."70 |
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100 | 100 | | SECTION 2.71 |
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101 | 101 | | This Act shall become effective on July 1, 2025, and shall apply to all applicable policies,72 |
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102 | 102 | | contracts, and certificates executed, delivered, issued for delivery, or renewed in this state73 |
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103 | 103 | | on or after October 1, 2025.74 |
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104 | 104 | | SECTION 3.75 |
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105 | 105 | | All laws and parts of laws in conflict with this Act are repealed.76 |
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106 | 106 | | H. B. 928 |
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107 | 107 | | - 4 - |
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