HB2417 H B&I AM 3-4
The Committee on Banking and Insurance moves to amend the bill on page 1, section 15, line 19, by striking all of section 15 and inserting in lieu thereof the following:
"§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, 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 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 more than two thousand five hundred dollars 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 benefits referred to in subsection (b) of this section, it shall be permissible to cumulate amounts or values of benefits when the person knowingly and wilfully failed to provide such benefits as part of a common scheme or plan. "

Adopted
Rejected