Category(s): Georgia - 01/25/2017

Following the trend established by the federal Fixing America's Surface Transportation Act (FAST Act) at the end of 2015 and thereafter by other state insurance departments, the Georgia Insurance Department issued Bulletin 16-EX-2 on November 28, 2016 regarding the ongoing requirement to deliver annual GLBA privacy notices.  This bulletin eliminates the requirement that insurance companies deliver annual GLBA privacy notices if the insurance company has not changed its privacy notice previously delivered to a policyholder and is not required to provide the policyholder with an opt-out right.

Brian T. Casey, Esq. - LOCKE LORD LLP, (404) 870-4638 , bcasey@lockelord.com

Category(s): Georgia - 01/25/2017

On December 8, 2016, the Georgia Department of Insurance issued a new Bulletin (16 EX 3).  The Department reviewed Georgia Senate Bill 302 (“SB 302”) and determined that it is not going to issue any regulations.  The Bulletin also reflects the Department’s current thinking about practical interpretations of SB 302.  The Bulletin does provide some guidance to common questions regarding provider directories.  Importantly, SB 302 does not import the federal requirements for provider directories to insurers who operate outside of the federal exchange.  Insurers can satisfy the annual audit requirement for accuracy of its directory by showing to the Department that it provided a reasonable work effort.  Insurers are required to disclose any tiering they use (linked to reimbursement levels, cost sharing, provider access requirements or any combination thereof) in their respective provider directories.

Tony Roehl, Esq. - BAKER HOSTETLER LLP, (404) 256-8419 , troehl@bakerlaw.com