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SB278 SUB1 Senate Bill 278 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 278

(By Senator Minard)

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[Originating in the Committee on the Judiciary;

reported March 30, 2009.]

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A BILL to amend and reenact §33-15E-15 of the Code of West Virginia, 1931, as amended, relating to the criminal offenses of collecting fees for a discount medical plan or discount prescription drug plan and knowingly and willfully failing to provide benefits of the plan; providing for an alternate sentence upon conviction of the felony offense; and permitting the cumulation of values of fees or premiums when the person fails to provide benefits as part of a common scheme or plan.

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) Any 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) (1) A person that collects fees in an amount excess of $1,000 for purported membership in a discount medical plan or discount prescription drug plan and knowingly and willfully fails to provide benefits of the plan with a value of one thousand dollars 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) A person that collects fees in an amount less than $1,000 for purported membership in a discount medical plan or discount prescription drug plan and knowingly and willfully fails to provide benefits of the plan with a value of less than one thousand dollars, is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed more than two thousand five hundred dollars $2,500 or confined in jail for a term not to exceed more than one year, or both fined and confined.
(c) In determining the value of fees referred to in subsection (b) of this section, it shall be permissible to cumulate amounts of fees collected when the person knowingly and wilfully obtains such fees as part of a common scheme or plan.

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(NOTE: The purpose of this bill is to clarify that the amount of fees collected will be used as the determinative amount to set the fine and/or prison sentence for a person who has knowingly and willfully failed to provide benefits under a discount medical plan or discount prescription drug plan.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)
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