GEORGIA LIFE AND HEALTH INSURANCE
GUARANTY ASSOCIATION
HEALTH CARE PLANS
HEALTH MAINTENANCE ORGANIZATIONS
INSURANCE PREMIUM FINANCE COMPANIES
INSURERS, DOMESTIC STOCK AND MUTUAL
LICENSING OF AGENTS, SOLICITORS, BROKERS, COUNSELORS, AND
ADJUSTERS
MAINTENANCE OF INFORMATION
NONPROFIT HOSPITAL SERVICE CORPORATION
NONPROFIT MEDICAL SERVICE CORPORATIONS
PREPAID LEGAL SERVICES PLANS
PROPERTY INSURANCE
RATES
SURPLUS LINE INSURANCE
Citation: O.C.G.A. Section 33-38-11 Records
of meetings and negotiations of the association.
Regulating Agency: Commissioner of Insurance.
Requirement: To keep records of all negotiations
and meetings in which the association or its representatives are
involved to discuss the activities of the association in carrying
out its powers and duties under O.C.G.A. Section 33-38-7.
Persons Affected: Management of the Georgia Life
and Health Insurance Guaranty Association.
Retention Period: Not specified.
Citation: O.C.G.A. Section 33-20-23
Maintenance of books and records showing funds collected and
disbursed; examination of books and records by Commissioner.
Regulating Agency: Commissioner of Insurance.
Requirement: To keep complete books and records
in accordance with the requirements of the Commissioner of
Insurance showing all funds collected and disbursed.
Persons Affected: Every health care corporation.
Retention Period: Not specified.
Citation: O.C.G.A. Section 33-21-9
Establishment, etc. of complaint system; maintenance of records
of complaints; annual reports; examination of system.
Regulating Agency: Commissioner of Insurance.
Requirement: To maintain records of written
complaints concerning health care services.
Persons Affected: Every health maintenance
organization.
Retention Period: Five years from the time the
complaints are filed.
Citation: O.C.G.A. Section 33-22-7
Maintenance of records of transactions by licensees; examination
of records by Commissioner.
Regulating Agency: Commissioner of Insurance.
Requirement: To maintain records of premium
finance transactions, including cards used in a card system.
Persons Affected: Insurance premium finance
companies holding licenses issued by the Commissioner of
Insurance under O.C.G.A. Title 33, Chapter 22.
Retention Period: At least three years after
making the final entry in respect to any premium finance
agreement.
Citation: Rule 120-2-21-.05 Separation and Preservation of
Records. Amended.
Regulating Agency: Commissioner of Insurance.
Requirement: To preserve every premium finance
contract and all documents relating thereto (and copies of all
documents delivered to an insured).
Persons Affected: Insurance premium finance
companies holding licenses issued by the Commissioner of
Insurance under O.C.G.A. Title 33, Chapter 22.
Retention Period: At least three years after
making the final entry in respect to any premium finance
agreement.
Related Code Sections: O.C.G.A. Section
33-22-7.
Citation: O.C.G.A. Section 33-14-13
Maintenance of principal place of business and records of assets,
transactions, etc.,; maintenance of assets within state; removal
of records or assets from state without approval of Commissioner,
etc.
Regulating Agency: Commissioner of Insurance.
Requirement: To keep in the principal place of
business in Georgia complete records of the assets, transactions,
and affairs in accordance with the methods and systems which are
customary or suitable as to the kind or kinds of insurance
transacted.
Persons Affected: Every domestic insurer.
Retention Period: Not specified.
Citation: O.C.G.A. Section 33-23-34 Records
of transactions.
Regulating Agency: Commissioner of Insurance.
Requirement: To keep in an organized form at the
address as shown on the licensee's license or at the insurer's
regional or home office situated in the State of Georgia a record
of all transactions consummated under the license, including:
(1), in the case of an agent or subagent, a record of each
insurance contract procured, issued, or countersigned together
with the names of the insurers and insureds, the amount of
premium paid or to be paid, and a statement of the subject of the
insurance; and the names of any other licensees from whom
business is accepted and of persons to whom commissions or
allowances of any kind are promised or paid; (2), in the case of
an adjuster, a record of each investigation or adjustment
undertaken or consummated and a statement of any fee, commission,
or other compensation received or to be received by the adjuster
on account of the investigation or adjustment; and (3) such other
and additional information as may be customary or as may be
reasonably required by the Commissioner of Insurance.
Persons Affected: Licensees under O.C.G.A. Title
33, Chapter 23 (i.e., agents, solicitors, brokers,
counselors, and adjusters).
Retention Period: A term of five years beginning
immediately after the completion of the transaction or the term
of the contract, whichever is greater.
Related Code Sections: O.C.G.A. Sections
33-23-1(a)(1) [definition of "adjuster"], 33-23-1(a)(3)
[definition of "agent"], 33-23-1(a)(5) [definition of
"counselor"], and 33-23-1(a)(9) [definition of
"subagent"].
Citation: Rule 120-2-49-.05 Maintenance of
Information; Books and Records; Annual Report; Return Credits;
Correction of Violation.
Regulating Agency: Commissioner of Insurance.
Requirement: Every administrator shall maintain
at its principal administrative office for the duration of the
written agreement referred to in Rule 120-2-49-.04 and five years
thereafter books and records of all transactions between it,
insurers, self-insurers and insured persons. Administrators shall
maintain detailed books and records that reflect all administered
transactions specifically in regard to premiums, premium taxes,
agent's commissions, administrator's fees, contributions received
and deposited, claims, and authorized expenses paid. All books
and records maintained by an administrator on behalf of an
insurer, self-insurer or plan sponsor for a calendar or fiscal
year shall be maintained for the period in which the
administrator is providing service for the insurer, self-insurer,
or plan sponsor and for five years thereafter.
Persons Affected: Any administrator as defined
by O.C.G.A. 33-23-100.
Retention Period: Five years.
Related Code Sections: O.C.G.A. Sections
33-2-9 , 33-23-104 and 33-23-105.
Citation: O.C.G.A. Section 33-19-18
Maintenance of books and records showing funds collected and
disbursed; examination of books and records by Commissioner.
Regulating Agency: Commissioner of Insurance.
Requirement: To keep complete books and records
showing all funds collected and disbursed.
Persons Affected: Every nonprofit hospital
service corporation.
Retention Period: Not specified.
Citation: O.C.G.A. Section 33-18-26
Maintenance of books and records showing funds collected and
disbursed; examination of books and records by Commissioner.
Regulating Agency: Commissioner of Insurance.
Requirement: To keep complete books and records
showing all funds collected and disbursed.
Persons Affected: Every medical service
corporation.
Retention Period: Not specified.
Citation: O.C.G.A. Section 33-35-15
Maintenance of books and records by sponsors; examination by
Commissioner; reports of examinations; payment of expenses of
examinations.
Regulating Agency: Commissioner of Insurance.
Requirement: To retain at the address shown on
the sponsor's license the plan-related books, records, accounts,
and vouchers.
Persons Affected: Every sponsor of a prepaid
legal services plan.
Retention Period: A term of three years
beginning immediately after the completion of the transaction.
Citation: Rule 120-2-47-.09 Recordkeeping.
Regulating Agency: Commissioner of Insurance.
Requirement: To keep accurate accounts, books,
and records concerning transactions regulated under O.C.G.A.
Title 33, Chapter 7, including: (1) copies of all service
contracts; (2) the name and address of each service contract
holder; and (3) the dates, amounts, and descriptions of all
receipts, claims, and expenditures.
Persons Affected: All vehicle service contract
providers.
Retention Period: At least two years after the
specified period of coverage has expired, and, in the case of a
provider who is discontinuing business in Georgia, until the
provider furnishes the Commissioner of Insurance satisfactory
proof that it has discharged all obligations to contract holders
in Georgia.
Related Code Sections: O.C.G.A. Sections
33-2-9 and 33-7-6.
Citation: O.C.G.A. Section 33-9-20
Maintenance of records, data, statistics, etc., by rating
organizations, advisory organizations, insurers, etc., generally;
maintenance and reporting of statistics by insurers. NOTE:
Records of losses adjusted by an independent adjuster may be kept
at the office of the insurer for whom the adjuster acted.
Regulating Agency: Commissioner of Insurance.
Requirement: To maintain reasonable records of
the type and kind reasonably adapted to its method of operation,
of its experience or the experience of its members, and of the
data, statistics, or information collected or used by it in
connection with the rates, rating plans, rating systems,
underwriting rules, policy or bond forms, surveys, or inspections
made or used by it.
Persons Affected: Every insurer, rating
organization, or advisory organization and every group,
association, or other organization of insurers which engages in
joint underwriting or joint reinsurance.
Retention Period: Not specified.
Citation: O.C.G.A. Section 33-5-28
Maintenance by broker of records of policies written or renewed.
Regulating Agency: Commissioner of Insurance.
Requirement: To keep in the office a separate
account of each policy written or renewed showing (1) the exact
amount of insurance placed, (2) the name and post office address
of the insured, (3) the name and home address of the insurer, (4)
the location of the insured property, (5) the gross premium
charged therefor, (6) the amount of premium tax paid thereon, (7)
the nature of the risk, (8) the number, date, and term of the
policy, and (9) any other information as the Commissioner of
Insurance may require.
Persons Affected: Licensed surplus line brokers.
Retention Period: Not specified.