Georgia 2025-2026 Regular Session

Georgia Senate Bill SB192 Compare Versions

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11 25 LC 46 1104
22 Senate Bill 192
33 By: Senators Esteves of the 35th, Halpern of the 39th, Jones II of the 22nd, Jackson of the
44 41st, Parent of the 44th and others
55 A BILL TO BE ENTITLED
66 AN ACT
77 To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to
88 1
99 insurance generally, so as to require the Department of Insurance to implement a certain2
1010 insurance affordability program in response to the pending expiration of certain Patient3
1111 Protection and Affordable Care Act tax credits; to provide for definitions; to provide for4
1212 automatic repeal; to provide for related matters; to provide for a short title; to provide for5
1313 legislative findings; to provide for an effective date; to repeal conflicting laws; and for other6
1414 purposes.7
1515 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
1616 SECTION 1.9
1717 This Act shall be known and may be cited as the "Georgia Health Insurance Affordability10
1818 and Consumer Protection Act."11
1919 SECTION 2.12
2020 The General Assembly finds and declares that:13
2121 (1) The enhanced premium tax credits (ePTCs) under the federal Patient Protection and14
2222 Affordable Care Act, also known as the "ACA," have significantly increased the15
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2525 affordability of health insurance for low- and middle-income Georgians, reducing the
2626 16
2727 state's uninsured rate;17
2828 (2) Without Congressional action, the ePTCs will expire on December 31, 2025, and18
2929 thousands of Georgians, particularly those earning under 250 percent of the federal19
3030 poverty level, will experience drastic premium increases, making health insurance20
3131 unaffordable and increasing the number of uninsured individuals;21
3232 (3) The expiration of these tax credits would disproportionately harm rural communities,22
3333 small business owners, gig workers, and historically marginalized populations;23
3434 (4) Several states, including New Mexico, Colorado, and Washington, have implemented24
3535 state based affordability programs to provide premium and cost-sharing assistance to25
3636 mitigate rising health insurance costs;26
3737 (5) Georgia must act swiftly to prevent gaps in affordability and ensure continued access27
3838 to affordable health insurance for its residents; and28
3939 (6) The purpose of this Act is to direct the Georgia Department of Insurance to establish29
4040 a program within statutory requirements established by law to lessen the impact of the30
4141 ePTCs' expiration, ensuring Georgians continue to have access to affordable, high quality31
4242 health coverage in 2026.32
4343 SECTION 3.33
4444 Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance34
4545 generally, is amended by adding a new Code section to read as follows:35
4646 "33-24-59.34.
4747 36
4848 (a) As used in this Code section, the term:37
4949 (1) 'Affordability program' means the program administered by the department to reduce38
5050 the cost of health insurance for Georgians through premium assistance, cost-sharing39
5151 reductions, reinsurance, or other financial mechanisms.40
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5454 (2) 'Cost-sharing reductions' means state or federal subsidies that lower out-of-pocket41
5555 costs, such as deductibles and copayments, for eligible individuals.42
5656 (3) 'Federal poverty level' means the income thresholds updated annually by the United43
5757 States Department of Health and Human Services.44
5858 (4) 'Georgia Access' means the state based health insurance marketplace established45
5959 under the federal Patient Protection and Affordable Care Act.46
6060 (5) 'Qualified health plan' or 'plan' means a health insurance plan certified to be offered47
6161 through Georgia Access.48
6262 (b) The department shall develop an affordability program by September 30, 2025, which49
6363 shall include:50
6464 (1) State premium subsidies to replace or supplement federal premium tax credits for51
6565 enrollees earning up to 400 percent of the federal poverty level;52
6666 (2) Other cost-sharing reductions for individuals earning below 250 percent of the53
6767 federal poverty level which may include lower deductibles, copays, and other54
6868 out-of-pocket expenses; and55
6969 (3) A state funded plan for individuals earning below 200 percent of the federal poverty56
7070 level that does not require the payment of any premiums.57
7171 (c) The department shall convene a stakeholder working group by July 1, 2025, consisting58
7272 of consumer advocates, health insurers, healthcare providers, and employers to develop a59
7373 consumer centered approach to the affordability program.60
7474 (d) The department shall submit the stakeholder working group's plan for the affordability61
7575 program to the Governor and General Assembly by September 30, 2025. Such submission62
7676 shall include recommendations for additional ways to reduce the cost of health insurance.63
7777 (e) The department shall promugate rules and regulations for implementation of the64
7878 affordability program by December 1, 2025.65
7979 (f) The department, in coordination with the Office of Planning and Budget, shall conduct66
8080 a fiscal impact analysis by August 1, 2025, and identify sustainable funding mechanisms67
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8383 for the affordability program, including appropriations by the General Assembly and68
8484 charges on health insurers offering plans on Georgia Access. The results of such analysis69
8585 shall be contained in a report, along with the financial structure and projected impact of the70
8686 affordability program, which shall be submitted to the Governor and General Assembly by71
8787 September 1, 2025.72
8888 (g) Beginning on January 1, 2027, the department shall provide annual reports to the73
8989 General Assembly detailing:74
9090 (1) The number of Georgians receiving assistance through the affordability program;75
9191 (2) The impact of the affordability program, enrollment rates, and health outcomes; and76
9292 (3) Any recommended changes or expansions to such program.77
9393 (h) The department shall implement consumer education and outreach initiatives to ensure78
9494 eligible Georgians are aware of and can access the affordability program.79
9595 (i) The department shall conduct a comprehensive evaluation in 2029 to assess the80
9696 program's impact and determine the need for continuation or adjustments. The results of81
9797 such evaluation shall be submitted to the Governor and General Assembly in a report by82
9898 January 1, 2030.83
9999 (j) The affordability program shall only become effective on January 1, 2026, in the event84
100100 that the United States Congress allows the enhanced premium tax credits under the federal85
101101 Patient Protection and Affordable Care Act to expire on December 31, 2025. In the event86
102102 that the affordability program does not become effective, none of the reports required in87
103103 this Code section shall be applicable.88
104104 (k) This Code section shall stand repealed on December 31, 2030."89
105105 SECTION 4.90
106106 This Act shall become effective upon its approval by the Governor or upon its becoming law91
107107 without such approval.92
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110110 SECTION 5.
111111 93
112112 All laws and parts of laws in conflict with this Act are repealed.94
113113 S. B. 192
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