Adopted by House 4-9-2009
SB278 H JUD AM 4-7 #1
The Committee on the Judiciary moves to amend the bill on page
two, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
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 No person that collects fees shall collect a fee for
purported membership in a discount medical plan or discount
prescription drug plan and knowingly and willfully fails fail to
provide the promised benefits of the plan. with a value of one
thousand dollars or more (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) 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, Any person who violates this sub
section and in doing so collects fees totaling less than $1,000 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.