1 | 1 | | 25 LC 46 1104 |
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2 | 2 | | Senate Bill 192 |
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3 | 3 | | By: Senators Esteves of the 35th, Halpern of the 39th, Jones II of the 22nd, Jackson of the |
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4 | 4 | | 41st, Parent of the 44th and others |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to |
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8 | 8 | | 1 |
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9 | 9 | | insurance generally, so as to require the Department of Insurance to implement a certain2 |
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10 | 10 | | insurance affordability program in response to the pending expiration of certain Patient3 |
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11 | 11 | | Protection and Affordable Care Act tax credits; to provide for definitions; to provide for4 |
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12 | 12 | | automatic repeal; to provide for related matters; to provide for a short title; to provide for5 |
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13 | 13 | | legislative findings; to provide for an effective date; to repeal conflicting laws; and for other6 |
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14 | 14 | | purposes.7 |
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15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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16 | 16 | | SECTION 1.9 |
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17 | 17 | | This Act shall be known and may be cited as the "Georgia Health Insurance Affordability10 |
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18 | 18 | | and Consumer Protection Act."11 |
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19 | 19 | | SECTION 2.12 |
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20 | 20 | | The General Assembly finds and declares that:13 |
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21 | 21 | | (1) The enhanced premium tax credits (ePTCs) under the federal Patient Protection and14 |
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22 | 22 | | Affordable Care Act, also known as the "ACA," have significantly increased the15 |
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23 | 23 | | S. B. 192 |
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24 | 24 | | - 1 - 25 LC 46 1104 |
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25 | 25 | | affordability of health insurance for low- and middle-income Georgians, reducing the |
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26 | 26 | | 16 |
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27 | 27 | | state's uninsured rate;17 |
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28 | 28 | | (2) Without Congressional action, the ePTCs will expire on December 31, 2025, and18 |
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29 | 29 | | thousands of Georgians, particularly those earning under 250 percent of the federal19 |
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30 | 30 | | poverty level, will experience drastic premium increases, making health insurance20 |
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31 | 31 | | unaffordable and increasing the number of uninsured individuals;21 |
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32 | 32 | | (3) The expiration of these tax credits would disproportionately harm rural communities,22 |
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33 | 33 | | small business owners, gig workers, and historically marginalized populations;23 |
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34 | 34 | | (4) Several states, including New Mexico, Colorado, and Washington, have implemented24 |
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35 | 35 | | state based affordability programs to provide premium and cost-sharing assistance to25 |
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36 | 36 | | mitigate rising health insurance costs;26 |
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37 | 37 | | (5) Georgia must act swiftly to prevent gaps in affordability and ensure continued access27 |
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38 | 38 | | to affordable health insurance for its residents; and28 |
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39 | 39 | | (6) The purpose of this Act is to direct the Georgia Department of Insurance to establish29 |
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40 | 40 | | a program within statutory requirements established by law to lessen the impact of the30 |
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41 | 41 | | ePTCs' expiration, ensuring Georgians continue to have access to affordable, high quality31 |
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42 | 42 | | health coverage in 2026.32 |
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43 | 43 | | SECTION 3.33 |
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44 | 44 | | Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance34 |
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45 | 45 | | generally, is amended by adding a new Code section to read as follows:35 |
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46 | 46 | | "33-24-59.34. |
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47 | 47 | | 36 |
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48 | 48 | | (a) As used in this Code section, the term:37 |
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49 | 49 | | (1) 'Affordability program' means the program administered by the department to reduce38 |
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50 | 50 | | the cost of health insurance for Georgians through premium assistance, cost-sharing39 |
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51 | 51 | | reductions, reinsurance, or other financial mechanisms.40 |
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52 | 52 | | S. B. 192 |
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53 | 53 | | - 2 - 25 LC 46 1104 |
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54 | 54 | | (2) 'Cost-sharing reductions' means state or federal subsidies that lower out-of-pocket41 |
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55 | 55 | | costs, such as deductibles and copayments, for eligible individuals.42 |
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56 | 56 | | (3) 'Federal poverty level' means the income thresholds updated annually by the United43 |
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57 | 57 | | States Department of Health and Human Services.44 |
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58 | 58 | | (4) 'Georgia Access' means the state based health insurance marketplace established45 |
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59 | 59 | | under the federal Patient Protection and Affordable Care Act.46 |
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60 | 60 | | (5) 'Qualified health plan' or 'plan' means a health insurance plan certified to be offered47 |
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61 | 61 | | through Georgia Access.48 |
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62 | 62 | | (b) The department shall develop an affordability program by September 30, 2025, which49 |
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63 | 63 | | shall include:50 |
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64 | 64 | | (1) State premium subsidies to replace or supplement federal premium tax credits for51 |
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65 | 65 | | enrollees earning up to 400 percent of the federal poverty level;52 |
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66 | 66 | | (2) Other cost-sharing reductions for individuals earning below 250 percent of the53 |
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67 | 67 | | federal poverty level which may include lower deductibles, copays, and other54 |
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68 | 68 | | out-of-pocket expenses; and55 |
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69 | 69 | | (3) A state funded plan for individuals earning below 200 percent of the federal poverty56 |
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70 | 70 | | level that does not require the payment of any premiums.57 |
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71 | 71 | | (c) The department shall convene a stakeholder working group by July 1, 2025, consisting58 |
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72 | 72 | | of consumer advocates, health insurers, healthcare providers, and employers to develop a59 |
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73 | 73 | | consumer centered approach to the affordability program.60 |
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74 | 74 | | (d) The department shall submit the stakeholder working group's plan for the affordability61 |
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75 | 75 | | program to the Governor and General Assembly by September 30, 2025. Such submission62 |
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76 | 76 | | shall include recommendations for additional ways to reduce the cost of health insurance.63 |
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77 | 77 | | (e) The department shall promugate rules and regulations for implementation of the64 |
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78 | 78 | | affordability program by December 1, 2025.65 |
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79 | 79 | | (f) The department, in coordination with the Office of Planning and Budget, shall conduct66 |
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80 | 80 | | a fiscal impact analysis by August 1, 2025, and identify sustainable funding mechanisms67 |
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81 | 81 | | S. B. 192 |
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82 | 82 | | - 3 - 25 LC 46 1104 |
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83 | 83 | | for the affordability program, including appropriations by the General Assembly and68 |
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84 | 84 | | charges on health insurers offering plans on Georgia Access. The results of such analysis69 |
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85 | 85 | | shall be contained in a report, along with the financial structure and projected impact of the70 |
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86 | 86 | | affordability program, which shall be submitted to the Governor and General Assembly by71 |
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87 | 87 | | September 1, 2025.72 |
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88 | 88 | | (g) Beginning on January 1, 2027, the department shall provide annual reports to the73 |
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89 | 89 | | General Assembly detailing:74 |
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90 | 90 | | (1) The number of Georgians receiving assistance through the affordability program;75 |
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91 | 91 | | (2) The impact of the affordability program, enrollment rates, and health outcomes; and76 |
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92 | 92 | | (3) Any recommended changes or expansions to such program.77 |
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93 | 93 | | (h) The department shall implement consumer education and outreach initiatives to ensure78 |
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94 | 94 | | eligible Georgians are aware of and can access the affordability program.79 |
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95 | 95 | | (i) The department shall conduct a comprehensive evaluation in 2029 to assess the80 |
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96 | 96 | | program's impact and determine the need for continuation or adjustments. The results of81 |
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97 | 97 | | such evaluation shall be submitted to the Governor and General Assembly in a report by82 |
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98 | 98 | | January 1, 2030.83 |
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99 | 99 | | (j) The affordability program shall only become effective on January 1, 2026, in the event84 |
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100 | 100 | | that the United States Congress allows the enhanced premium tax credits under the federal85 |
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101 | 101 | | Patient Protection and Affordable Care Act to expire on December 31, 2025. In the event86 |
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102 | 102 | | that the affordability program does not become effective, none of the reports required in87 |
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103 | 103 | | this Code section shall be applicable.88 |
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104 | 104 | | (k) This Code section shall stand repealed on December 31, 2030."89 |
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105 | 105 | | SECTION 4.90 |
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106 | 106 | | This Act shall become effective upon its approval by the Governor or upon its becoming law91 |
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107 | 107 | | without such approval.92 |
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108 | 108 | | S. B. 192 |
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109 | 109 | | - 4 - 25 LC 46 1104 |
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110 | 110 | | SECTION 5. |
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111 | 111 | | 93 |
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112 | 112 | | All laws and parts of laws in conflict with this Act are repealed.94 |
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113 | 113 | | S. B. 192 |
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114 | 114 | | - 5 - |
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