Notice is hereby given pursuant to the Georgia Administrative Procedure Act, Code Sections 50-13-3, 50-13-4, 50-13-6, 50-13-21, and 33-2-9 of the following proposals by the Commissioner of Insurance to amend the Rules and Regulations of the Office of the Commissioner of Insurance. It is the expectation of the Commissioner of Insurance that the economic impact of these proposed amendments will benefit the economy of the State of Georgia. 

The Rules and Regulations of the Office of the Commissioner of Insurance are proposed to be amended by the following actions:

Amending Rule 120-2-3-.09 relating to Examinations creates a new provision allowing an applicant who scores 60% on the licensing exam to receive a temporary license if they have a currently licensed agent sponsor and an insurer submits a written request. This change introduces a discretionary exception to the standard 70% passing requirement, enabling limited entry into practice under supervised conditions. 

Amending Rule 120-2-58-.03 relating to Application and Renewal Filing Requirements to provide more explicit detailing of required submissions (e.g., utilization review plan, quality assessment, confidentiality policies, complaint system, accreditation documentation).

Amending Rule 120-2-58-.05 relating to Requirements for Utilization Review adds new, detailed operational requirements for private review agents, including staffing, phone access, limit on information collected, and structured procedures for medical-necessity determinations and appeals

Amending Rule 120-2-58-.07 relating to Reporting Requirements introduces new, recurring annual reporting obligations for private review agents. It requires each agent to submit by March 1 of each year a detailed list of all complaints received, categorized by type and outcome, along with an analysis of those complaints. It also mandates filing annual utilization review activity report, following the Commissioner's prescribed format. The rule further imposes a new requirement that private review agents must notify the Department in writing within 60 days of any changes to previously filed information.

Amending Rule 120-2-58-.09 relating to Severability Provision adds a standard legal severability clause that was not present previously. It states that any part of the chapter is found invalid by a court, the remainder of the rules and their application to other persons or circumstances will not be affected.

Amending Rule 120-2-112-.05 relating to User Fees adds new procedures allowing issuers to request user-fee refunds for enrollment discrepancies, including a strict 90-day documentation deadline and potential ineligibility for late submissions. This also introduces multiple exemptions, such as state system errors, force majeure events, datat-transmission failures, and administrative waivers, along with new documentation requirements.

SCHEDULE

The aforesaid proposals are now on file in the Administrative Procedure Division of the Office of Commissioner of Insurance, 708 West Tower, Floyd Building, Two Martin Luther King, Jr. Drive, Atlanta, Georgia 30334, and are hereby declared to be a public record as follows:

Interested persons may participate in the proposed rulemaking process by submitting their written comments to Michael Dawson, Administrative Procedure Division, Office of Commissioner of Insurance, 708 West Tower, Floyd Building, Two Martin Luther King, Jr. Drive, Atlanta, Georgia 30334. All comments must be received by the Administrative Procedure Division by 4:30 P.M. on July 22nd, 2026.

Interested persons may also participate in the proposed rulemaking by submitting oral comments at the hearing to commence on July 29th, 2026, at 10:00 a.m. in the Hearing Room of the Office of Commissioner of Insurance, Ninth Floor - Peach Room, West Tower, Floyd Building, Two Martin Luther King, Jr. Drive, Atlanta, Georgia 30334.

Oral presentations at the hearing may be limited to five (5) minutes per person in order to afford all interested persons an opportunity to be heard. If you have a physical impairment and require assistance or have any questions regarding this notice, please contact the Administrative Procedure Division.

Based upon full consideration of all written and oral comments regarding the above matters, the Commissioner of Insurance may reject or adopt the proposed rules or may make changes to the proposed rules which may require another rulemaking hearing.

Direct All Correspondence To:

Michael Dawson
Administrative Procedure Division
708 West Tower, Floyd Building
Two Martin Luther King, Jr. Drive
Atlanta, Georgia 30334
Telephone Number (404) 651 6501
[email protected]

Related Files