ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 278
(Senator Minard, original sponsor)
____________
[Passed April 11, 2009; in effect ninety days from passage.]
____________
AN ACT to amend and reenact §33-15E-15 of the Code of West
Virginia, 1931, as amended, relating to the criminal offenses
for failing to provide benefits of a discount medical plan or
discount prescription drug plan; clarifying that the severity
of the offense is dependant on the total of fees collected;
and providing for an alternate sentence upon conviction of the
felony offense.
Be it enacted by the Legislature of West Virginia:
That §33-15E-15 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 15E. DISCOUNT MEDICAL PLAN ORGANIZATIONS AND DISCOUNT
PRESCRIPTION DRUG PLAN ORGANIZATIONS ACT.
§33-15E-15. Criminal penalties.
(a) A person that willfully operates as or aids and abets
another operating as a discount medical plan organization in
violation of subsection (a), section four of this article is guilty of a felony and, upon conviction thereof, shall be fined not more
than $20,000 for each unauthorized act or imprisoned in the state
correctional facility not less than one nor more than five years,
or both fined and imprisoned.
(b) No person shall collect a fee for purported membership in
a discount medical plan or discount prescription drug plan and
knowingly and willfully fail to provide the promised benefits of
the plan. (1) Any person who violates this subsection and in doing
so collects fees totaling $1,000 or more is guilty of a felony and,
upon conviction thereof, shall be fined not more than $2,500 or
imprisoned in a state correctional facility not less than one nor
more than ten years or, in the discretion of the court, be confined
in jail for not more than one year, or both fined and imprisoned or
confined.
(2) Any person who violates this subsection and in doing so
collects fees totaling less than $1,000 is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than $2,500
or confined in jail not more than one year, or both fined and
confined.