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Introduced Version Senate Bill 278 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 278

(By Senator Minard)

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[Introduced February 17, 2009; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §33-15E-15 of the Code of West Virginia, 1931, as amended, relating to criminal violations involving discount medical plan and discount prescription drug plan organizations.

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 for purported membership in a discount medical plan or discount prescription drug plan and knowingly and willfully fails to provide benefits 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 both fined and imprisoned.
(2) A person that collects fees for purported membership in a discount medical plan or discount prescription drug plan and knowingly and willfully fails to provide benefits 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 two thousand five hundred dollars or confined in jail for a term not to exceed one year, or both fined and confined.



NOTE: The purpose of this bill is to make any willful failure to provide benefits under a DMPO or DPDPO plan a felony. The bill deletes the provisions that currently allow for a misdemeanor if the "value of benefits" is less than $1000.

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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