(a) As used in this Code section, the term:
(1) "Agent" shall have the same meaning as in Code Section 33-23-1.
(2) "Carrier" means any entity licensed to provide health insurance in this state and which is subject to state insurance regulation.
(3) "Health benefit plan" shall have the same meaning as in Code Section 33-30A-1.
(4) "Premium" means the consideration paid in exchange for coverage under a health benefit plan.
(b) Any carrier that issues a health benefit plan in this state through an agent shall pay a commission to such agent, consistent with the amount proposed in the rates filed with the department, as required by the Commissioner. Such commission shall be structured to compensate the agent for the first term and for each renewal term thereafter, so long as such agent reviews coverage and provides ongoing customer service for such plan; provided, however, that no such compensation shall be required for any individual health benefit plan sold during a special enrollment period. Nothing in this Code section is intended or shall be construed to require a carrier to pay a commission to an agent who is employed by such carrier.
(c) The Commissioner shall adopt such rules and regulations he or she deems necessary for the administration of this Code section.
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