6.1 Georgia Group Life and Health Insurance Requirements
Key Takeaways
- Georgia group life policies must offer a 31-day conversion privilege with no proof of insurability when group coverage ends.
- Georgia's small group market is defined as employers with 1 to 50 employees; large group is 51 or more.
- Group health certificates of coverage must disclose benefits, eligibility, conversion, continuation, and appeal rights.
- Group health plans must cover dependents to age 26 and apply mental health and substance use disorder parity.
- The birthday rule and the coordination-of-benefits (COB) order-of-determination rules decide which plan pays first.
Group Life Conversion Privilege
A group life insurance policy covers many people under one master contract held by an employer or association. Individual insureds receive a certificate of coverage, not the policy itself. When an insured leaves the group, Georgia (following the model group life law) requires a conversion privilege: the right to convert group term coverage to an individual permanent (whole life) policy without proving insurability.
| Conversion feature | Rule under Georgia law |
|---|---|
| Election window | 31 days from loss of group coverage |
| Proof of insurability | Not required (guaranteed issue) |
| Plan available | Any individual permanent plan the insurer issues, except term |
| Premium | Insured's attained age and standard class rates |
| Maximum face | Up to the amount lost (group plan may cap convertible amount) |
Conversion is triggered by termination of employment, retirement, elimination of an eligible class, or a dependent aging out. If the master policy itself terminates and the person had been insured 5+ years, a limited conversion right still applies, usually capped at the lesser of the group amount or $10,000. The converted policy uses attained-age rates, so the older the insured at conversion, the higher the premium — a key counseling point because many leaving employees assume rates stay level.
Converted group life is permanent coverage, not term; the insured cannot demand a term plan at the lower premium. There is no new contestable or suicide clause restart for the converted amount because the conversion is a continuation of existing coverage, not a new application requiring underwriting.
Death during the conversion period
If the insured dies within the 31-day conversion window, the group insurer pays the group death benefit even if no individual policy was applied for or issued. This protects beneficiaries during the transition. Example: Maria is laid off March 1 and dies March 20 without converting. Because death occurred inside the 31-day window, the group death benefit is payable to her beneficiary — the conversion paperwork is irrelevant. If she had instead survived to April 5 and never applied, the conversion right would have lapsed, leaving no coverage.
Small Group Market and Certificate Requirements
Georgia defines its small group market by headcount, which governs guaranteed issue, rating, and renewability protections aligned with the federal Affordable Care Act (ACA).
| Market segment | Employee count | Key protections |
|---|---|---|
| Small group | 1–50 employees | Guaranteed issue, no pre-existing exclusions, essential health benefits, adjusted community rating, guaranteed renewal |
| Large group | 51+ employees | Negotiated terms; ACA essential-benefit mandate does not apply the same way |
Small group rating in the individual and small group markets may vary only by age (3:1 max ratio), geography, tobacco use, and family size — not by health status or gender. A carrier may impose minimum participation and contribution requirements at issue but cannot decline a qualified small employer.
Certificate of coverage contents
Each covered employee must receive a written certificate summarizing coverage. Required disclosures include:
- Benefits summary — covered services, deductibles, copays, and the Summary of Benefits and Coverage (SBC) in the federal standard format
- Eligibility and effective dates — who is covered and when coverage begins or ends
- Conversion rights — the 31-day group life conversion and any health continuation
- Continuation rights — COBRA or Georgia state continuation (see Section 6.2)
- Claims and appeals procedures — how to file, internal appeal, and external review
Exam trap: A certificate is evidence of coverage; the master policy is the actual contract. If a certificate conflicts with the master policy, the master policy controls.
Mental Health Parity, Dependent Coverage, and Coordination of Benefits
Mental health and substance use parity
Georgia group health plans must apply parity between behavioral health and medical/surgical benefits, consistent with the federal Mental Health Parity and Addiction Equity Act (MHPAEA).
| Parity element | Requirement |
|---|---|
| Cost sharing | Copays/coinsurance no higher than comparable medical benefits |
| Treatment limits | Visit or day limits no more restrictive than medical |
| Prior authorization | Non-quantitative limits (e.g., medical necessity review) applied comparably |
| Conditions | Mental illness and substance use disorders treated like physical illness |
Dependent coverage to age 26
Georgia follows the federal rule: plans offering dependent coverage must extend it to a child until age 26, regardless of marital status, student status, residency, financial dependence, or whether the child is offered coverage through their own employer.
Coordination of benefits (COB)
When a person is covered by more than one plan, COB rules prevent paying more than 100% of the loss and set the order of determination.
| Situation | Primary plan |
|---|---|
| Person is the active employee on Plan A and a dependent on Plan B | Plan A (own coverage) is primary |
| Dependent child, both parents employed (birthday rule) | Plan of the parent whose birthday (month/day) falls earlier in the year |
| Parents share the same birthday | Plan that has covered the parent longer |
| Divorced/separated parents | Court order controls; otherwise custodial parent's plan first |
The birthday rule uses calendar month and day — not the older parent. Worked example: Dad's birthday is April 2, Mom's is September 15. Their child's claim is paid first by Dad's plan because April precedes September. The secondary plan then coordinates: it may pay the remaining balance up to its own allowable amount so the family pays little or nothing out of pocket, but the two plans together never reimburse more than 100% of the actual charge.
For an active employee versus retiree or COBRA conflict, the plan covering the person as an active employee is primary over the plan covering them as a retiree or COBRA continuant. Knowing the order of determination prevents the common error of assuming the plan the patient "likes" or names first must pay first.
An employee is terminated and dies 12 days later without applying for conversion. What happens to the group life death benefit?
Two married parents both cover their child. The father's birthday is March 8 and the mother's is November 20. Under the birthday rule, which plan pays first?
Which employer size defines Georgia's small group health insurance market?