1996-1997 Biennial Report Office of Commissioner of insurance State of Georgia John W. Oxendine lnsurance Commissioner Safety Fire Commissioner industrial Loan Commissioner Comptroller General Table of Contents History 3 Insurance Commissioner 3 State Fire Marshal 3 Comptroller General 3 Industrial Loan Commissioner 3 Statement of F ~ n dAsvailable and Expenditures 4 Statement of Funds Available and E-xpenditures 5 Statutes Enacted at the 1996 Session of the GeneralAssembly of Georgia 6 Statutes Enacted at the 1997Session of the GeneralAssembly of Georgia 10 - Actions Initiated Against Domestic Insurers 1996 and 1997 15 - Health Care Plans Licensed in Georgia 1996 and 1997 17 - Health Maintenance OrganizationsLicensed in Georgia 1996 18 Health Maintenance Or,oanizationsLicensed in Georgia -1997 19 - Company Withdrawalsand Changes 1996 20 - Company Withdrawalsand Changes 1997 27 Written Premium and Surplrrs of Licensed Workers' Compensation GroupSelf - Insurance Funds 1996 34 Written Premium and Surplus of Licensed Workers' Compensation Grozp Self Insurance Funds - 1997 36 Licensed Inter-Local Risk Management Agencies 1996 and 1997 35 - Title Inszrrance CompaniesLicensed in Georgia 1996 3 9 Titk Ins~rranceCompaniesLicensed in Georgia - 1997 40 1996-1997 Biennial Report - Office of Commissioner of Insurance Page I History . -\ Commissioner of lnsurance and Safety Fire, John W. Oxendine, was elected to office in November of 1994, and began serving his term in January of 1995. The Commissioner of lnsurance serves a four-year term and is elected by a statewide vote at the same general election at which the Governor and other statewide constitutional officers are elected. Formerly known as the Comptroller's General Office, the office was designated as the Commissioner of lnsurance under the 1983 Georgia Constitution. The Commissioner of lnsurance and Safety Fire also serves concurrently as the lndustrial Loan Commissioner and the Comptroller General. Under the previous designation of Comptroller General, the office has functioned continuously since 1799. That year the General Assembly provided far a Comptroller General. Not designated as a public office in the first three state constitutions, the office of Comptroller General was permanently created in the Constitution of 1861, and specifically provided for in the Constitution of 1945. Listed below are the four constitutional functions of the Commissioner of lnsurance and Safety Fire. Some functions have staffed Divisions performing duties necessary to the fulfillment of the mission of the Department. lnsurance Commissioner In carrying out the Commissioner's responsibility to regulate insurance, the Department supervises insurance companies that conduct business in Georgia. State Fire Marshal The responsibilities of the Safety Fire Division are organized into six main functions: fire safety education, building inspection, manufactured housing construction and inspection, fire and arson investigation, engineering and plan review and hazardous materials facility inspection and licensing. Comptroller General The Comptroller General determines that appropriated state funds are paid and deposited to the General Fund of the State; determines that expenditures do not exceed the sum provided by law; signs all warrants drawing funds from the General Fund of the State; and keeps complete books. The Comptroller General also performs many of the duties formerly found in the State Treasurer's Office. lndustrial Loan Commissioner The lndustrial Loan Division is charged with the responsibility of licensing and regulating the small loan industry in the state of Georgia. lndustrial loan companies are licensed under the Georgia lndustrial Loan Act to lend funds to consumers in amounts not to exceed $3,000 for a period not to exceed 36 months and 15 days. 1996-1997 Biennial Report - Office of Commissioner of Insurance Page 3 Statement of Funds Available and Expenditu.re- s- Compared to Budget Budget Fund Year Ended June 30, 1996 Budget Actual Variance Revenues State Appropriation Federal Revenues Other Revenues Retained Total $15,788,518.00 1,627,622.00 450,360.00 $17,866,500.00 $15,788,515.00 1,737,989.03 556,660.07 $18,083,164.1 0 $(3.00) 110,367.03 - 106,300.07 $216,664.1 0 Expenditures Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Total $14,171,864.00 851,699.00 451,560.00 564,140.00 $17,866,500.00 $12,899,722.06 892,326.91 454,209.44 528,563.07 $16,537,420.53 $1,272,141.94 (- (40,627.9'1) (2,649.44) 35,576.93 $1,329,079.47 Excess of Funds Available over Expenditures 1996-1997 Biennial Report - Office of Commissioner of Insurance f--- Page 4 - - Statement of Funds Available and Expenditu-res \ Compared to Budget Budget Fund Year Ended June 30, 1997 Revenues State Appropriation Federal Revenues Other Revenues Retained Total Budget $15,149,383.00 1,560,706.00 750,360.00 $17,460,449.00 Actual . Variance $14,997,889.00 1,768,610.34 752,086.58 $17,518,585.92 $ ( I 51,494.00) 207,904.34 1,726.58 $58,136.92 Expenditures Personal Services $13,517,OI 1-00 $13,014,350.09 $502,660.91 i !. Regular Operating Expenses 855,314.00 862,251.13 (6,937.13) Travel 384,754.00 373,714.30 11,039.70 Motor Vehicle Purchases 86,733.00 86,688.66 44.34 Equipment 59,129.00 49,215.30 9,913.70 Computer Charges 580,235.00 589,212.46 , (8,977.46) Real Estate Rentals 804,647.00 800,227.00 4,420.00 Telecommunications 331,334.00 314,111.02 17,222.98 Per Diem, Fees and Contracts 841,292.00 738,849.54 102,442.46 total $17,460,449.00 $16,828,619.50 $631,829.50 Excess of Funds Available over Expenditures i 1996-1997 Biennial Report - Office of Commissioner of Insurance Page 5 Statutes Enacted at the 1996 Session of the General Assembly of Georgia S.B. 227 This Act strengthened Georgia's laws pertaining to the collection of child support. Only a small portion of this bill applies to the insurance code. Sections Nine and Ten authorize the Commissioner of Insurance to suspend, refuse or revoke the license of insurance agents who are not in compliance with an order for child support as defined by Code Section 19-6-28.1 or 19-11-9.3. The Act amends O.C.G:A. Sections 33-23-21 and 33-23-22. Effective date July I,1996. S.B. 482 This Act requires that policies providing maternity benefits on a risk basis shall provide a minimum of 48 hours of inpatient care for a mother and her newborn infant for a normal traditional delivery, and a minimum of 96 hours following a caesarean delivery. A hospital confinement of less than 48 or 96 hours is (., allowable if the health benefit policy provides coverage for post-deiivery care to a mother and her new born child in the home, unless such in-patient care is medically necessary or is requested by the mother. The Act amends O.C.G.A. by adding Sections 33-24-58, 33-24-59 and 33-24-60. Effective date July 1, 1996. S.B. 592 This Act requires all health benefit policies which are issued, delivered, issued for delivery, or renewed in Georgia on or after July I , 1996, to provide for the direct access of patients to services of an obstetrician or a gynecologist without first obtaining a referral from another physician. The Act amends O.C.G.A. by adding Section 33-24-58. Effective date July 1, 1996. 1996-1997 Biennial Report - Office of Commissioner of Insurance I- - Page 6 H.B. 106 This Act relates to workers' compensation and states that any insuran'ce company that writes a policy for any employer that was previously self-insured shall use the employer's prior experience, while self-insured, to determine an experience modifier for that employer. This Act also requires every applicant for an insurance administrator's license to maintain a fidelity bond. This Act amends O.C.G.A. by adding Section 34-9-138 and amending Section 33-23-102. Effective date April 15, 1996. H.B. 838 This Act establishes a universal minimum capital standard, sets guidelines for regulatory review, establishes a system for priority review and increases the lnsurance Department's regulatory authority. All of which give the Department an additional tool for assessing an insurance company's solvency. The Act also provides immunity to the Commissioner of lnsurance from any civil action pertaining to rehabilitation, reorganization, conservation and liquidation of insurers. It also provides indemnification costs related to receivership matters to be paid by the insurer and considered an administrative expense of the insurer. It further provides for the segregation and reserving of funds from the assets of the insurer in the event of actual or threatened legal action against the receiver or an employee. This Act amends O.C.G.A. by adding 33-54 and adding 33-37-8.1. Effective date April 15, 1996. H.B.I 130 This Act allows insurers which only insure the risks of places of worship to be exempt from premium taxes. To qualify, the insurer must present a certificate issued by the Internal Revenue Service which evidences their tax exempt status. This Act amends O.C.G.A. by adding 33-8-13. Effective date July 1, 1996. 1996-1997 Biennial Report - Office of Commissioner of Insurance Page 7 H.B. 1338 This Act is known as the 'Patient ProtectionAct of 1996' (PPA). Uride'r PPA the Commissioner of Insurance is given an expanded regulatory role over the certification of a broad range of managed care entities. PPA applies Georgia's current health care availability and accessibility language to a broader range of managed care companies. The Act also establishes new quality assurance standards that include references to health outcomes, peer review and physician input. This Act amends O.C.G.A. by adding Chapter 20A to Title 33. Effective date July 1, 1996. H.B. 1398 This Act changes the name of credit insurance to credit default insurance in O.C.G.A. 33-7-3. This Act also adds to the definition of property insurance in O.C.G.A. 33-7-6, the term non-recording and vendor's single interest which is also included in the definition of casualty insurance under O.C.G.A. 33-7-3(2) & (3). This Act adds a new code section O.C.G.A. 33-24-16.1 which adds new definitions for credit insurance and creditor. This section also adds that any monies collected by or through a creditor from the sale of insurance shall not be deemed interest. This Act amends O.C.G.A. 33-7-3, 33-7-6, 33-24-16.1. Effective date July 1, 1996. H.B. 1404 This Act affects various chapters of the Title 33. Changes to O.C.G.A. 33-1614(a) relate to an increase in the amount of risk a farmers' mutual insurance company can legally retain after reinsurance. O.C.G.A. 33-23-5(1)(a) grants insurance agents the option of living in Georgia for at least six months of every year or maintaining a principal place of business within Georgia. O.C.G.A. 33-23-14(b) eliminates the minimum (three months) and maximum (twelve months) duration for probationary agents' licenses. O.C.G.A. 33-23-31(b) expands the realm of agents who can countersign from those that reside in Georgia to any agent. 1996-1997 Biennial Report - Office of Commissioner of Insurance Page 8 , <- -