Title 33, Chapter 20, Section 6
( 33-20-6)
(a) The board of directors of each health care corporation shall
consist of one or more individuals, with the number specified in or
fixed in accordance with the bylaws of such corporation. The bylaws
of such corporation may prescribe qualifications for directors;
provided, however, that at all times at least a majority of the
directors of such corporation shall be representatives of the
general public and not (1) members of a medical or nursing
profession, or (2) employed by, representative of, or otherwise
directly or indirectly connected with the medical or nursing
profession or a hospital or facility, institution, agency, or entity
providing health care services. All currently licensed health care
corporations shall have a two-year period in which to change the
composition of their boards of directors in accordance with the
provisions of this chapter. (b) Notwithstanding any other provisions of this chapter, a medical
service corporation organized under Chapter 18 of this title and a
hospital service corporation organized under Chapter 19 of this
title may upon compliance with the applicable provisions of Chapter
3 of Title 14, the "Georgia Nonprofit Corporation Code" of this
state and other applicable laws merge or consolidate into a health
care corporation subject to this chapter if the Commissioner finds
that such merger or consolidation will promote the public interest.
Upon application, the Commissioner may authorize the surviving or
consolidated corporation to take such administrative or other action
as the Commissioner determines is necessary or desirable to
facilitate the efficient and economic combination of the business
and operation of the merging or consolidating corporations. (c) Notwithstanding any other provision of law, a health care
corporation may: (1) Exercise all of the powers of medical service and hospital service nonprofit corporations provided for under Chapters 18 and 19 of this title; provided, however, that Code Section 33-1-3 shall not apply to corporations subject to this chapter; (2) Organize, manage, and promote a prepaid comprehensive health
care plan if otherwise authorized by law; and (3) Contract or otherwise act jointly with a hospital service
corporation, a medical service corporation, a professional service
corporation, a partnership, or other organization for the purpose
of organizing, managing, and promoting such prepaid plans for the
provision of services which such corporation is authorized to
establish in accordance with the laws of this state. (d) In addition to all other powers granted in this Code section, a
health care corporation shall have all the powers granted to life
insurers which are not inconsistent with this chapter; provided,
however, that no such powers may be exercised unless approved by not
less than three-fourths of the board of directors of the health care
corporation, approved by the appropriate local medical society or
societies in the county or counties in which such subsidiary or
affiliated corporation or corporations propose to exercise such
powers, and approved by the Commissioner subject to such conditions
and limitations as the Commissioner may prescribe; provided,
further, that nothing contained in this Code section shall be deemed
to authorize a health care corporation organized in accordance with
this chapter or subject to this chapter to issue policies or
contracts of life insurance except through one or more subsidiary or
affiliated corporations organized in accordance with this title. (e) Notwithstanding any provisions of this Code section to the
contrary, this Code section shall not be deemed to authorize a
health care corporation to organize a nonprofit life insurance
company and no powers granted in this Code section other than those
contained in paragraph (1) of subsection (c) of this Code section
shall be exercised by such corporation except through one or more
subsidiary or affiliated corporations organized in accordance with
the laws of this state subject to compliance with Chapter 13 of this
title. |