House Bill 153

Actions | Amendments
Last Action signed by Governor (Acts, ch. 46)
Title AN ACT relating to solicitation of a person involved in a motor vehicle accident for healthcare services.
Bill Documents Bill
Bill Request Number 857
Sponsors J. Gooch Jr., R. Benvenuti III
Summary of Original Version Create a new Section of KRS Chapter 367 to define "healthcare provider", "intermediary", and "solicit"; create a new section of KRS Chapter 367 to prohibit solicitation of a person involved in a motor vehicle accident by a health care provider or the provider's intermediary for the purpose of obtaining basic reparation benefits, specify the acts prohibited by a healthcare provider; provide that the healthcare provider is responsible for the contact made by an intermediary with the person involved in a motor vehicle accident; require any healthcare provider who suspects a violation by a healthcare provider or an intermediary to report the suspected violation to the appropriate board listed in the definition section of this Act; require the licensing or regulatory appropriate authority to impose sanctions on the healthcare provider who violates the solicitation prohibition; provide that charges for services owed by the person involved in a motor vehicle accident or on behalf of the person involved in a motor vehicle accident, by a healthcare provider in violation of the prohibition on solicitation shall be void, and any charges billed and paid by or on behalf of a person involved in a motor vehicle accident to the healthcare provider shall be returned to the payor; amend KRS 21A.300 to conform; repeal KRS 367.409.
Index Headings of Original Version Insurance - Accident, charges void if solicited by provider or intermediary
Insurance - Motor vehicle accident, charges to be returned to payor
Insurance - Motor vehicle accident, contact by an intermediary prohibited
Insurance - Motor vehicle accident, prohibit solicitation of person by healthcare provider or intermediary
Insurance - Motor vehicle, regulatory sanctions against healthcare provider for
Insurance, Motor Vehicle - Accident, contact by an intermediary prohibited
Insurance, Motor Vehicle - Accident, prohibit solicitation of person by healthcare provider within 30 days of accident
Insurance, Motor Vehicle - Accident, regulatory sanctions against healthcare provider for solicitation of person
Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
Senate Floor Amendment 1
Senate Floor Amendment 2
Senate Floor Amendment 3
Senate Floor Amendment 4
Votes Vote History

Actions

Top | Amendments
01/08/15
  • introduced in House
01/09/15
  • to Labor & Industry (H)
02/03/15
  • posted in committee
02/23/15
  • reported favorably, 1st reading, to Calendar with Committee Substitute
02/24/15
  • posted for passage in the Regular Orders of the Day for Wednesday, February 25, 2015
  • floor amendment (2) filed to Committee Substitute, floor amendment (1) filed
02/25/15
  • 2nd reading
02/26/15
  • 3rd reading, passed 89-4 with Committee Substitute, floor amendment (2)
02/27/15
  • received in Senate
03/02/15
  • to Veterans, Military Affairs, & Public Protection (S)
03/09/15
  • reported favorably, 1st reading, to Calendar
  • floor amendments (1-title) (2) (3) and (4-title) filed
03/10/15
  • 2nd reading, to Rules
03/11/15
  • posted for passage in the Regular Orders of the Day for Wednesday, March 11, 2015
  • 3rd reading
  • floor amendments (1-title) (2) (3) and (4-title) withdrawn
  • passed 35-1
  • received in House
  • enrolled, signed by each presiding officer
  • delivered to Governor
03/23/15
  • signed by Governor (Acts, ch. 46)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Summary Amend Section 1 to clarify actions that are not solicitation; amend Section 2 to eliminate the requirement for healthcare providers who suspect a violation of this section to notify the board and retain the requirement that a healthcare provider who has knowledge of a violation, within their scope of practice, notify the board; amend Section 3 to prohibit a healthcare provider who violates Section 2 from pursuing collection from the person.
Index Headings Insurance - Accident, charges void if solicited by provider or intermediary
Insurance - Motor vehicle accident, charges to be returned to payor
Insurance - Motor vehicle accident, contact by an intermediary prohibited
Insurance - Motor vehicle accident, prohibit solicitation of person by healthcare provider or intermediary
Insurance - Motor vehicle, regulatory sanctions against healthcare provider for
Insurance, Motor Vehicle - Accident, contact by an intermediary prohibited
Insurance, Motor Vehicle - Accident, prohibit solicitation of person by healthcare provider within 30 days of accident
Insurance, Motor Vehicle - Accident, regulatory sanctions against healthcare provider for solicitation of person

Amendment House Floor Amendment 1
Sponsor J. Gooch Jr.
Summary Delete provision for face-to-face contact.
Index Headings Insurance - Accident, charges void if solicited by provider or intermediary
Insurance - Motor vehicle accident, charges to be returned to payor
Insurance - Motor vehicle accident, contact by an intermediary prohibited
Insurance - Motor vehicle accident, prohibit solicitation of person by healthcare provider or intermediary
Insurance - Motor vehicle, regulatory sanctions against healthcare provider for
Insurance, Motor Vehicle - Accident, contact by an intermediary prohibited
Insurance, Motor Vehicle - Accident, prohibit solicitation of person by healthcare provider within 30 days of accident
Insurance, Motor Vehicle - Accident, regulatory sanctions against healthcare provider for solicitation of person

Amendment House Floor Amendment 2
Sponsor J. Gooch Jr.
Summary Delete provision for face-to-face contact.
Index Headings Insurance - Accident, charges void if solicited by provider or intermediary
Insurance - Motor vehicle accident, charges to be returned to payor
Insurance - Motor vehicle accident, contact by an intermediary prohibited
Insurance - Motor vehicle accident, prohibit solicitation of person by healthcare provider or intermediary
Insurance - Motor vehicle, regulatory sanctions against healthcare provider for
Insurance, Motor Vehicle - Accident, contact by an intermediary prohibited
Insurance, Motor Vehicle - Accident, prohibit solicitation of person by healthcare provider within 30 days of accident
Insurance, Motor Vehicle - Accident, regulatory sanctions against healthcare provider for solicitation of person

Amendment Senate Floor Amendment 1
Sponsor E. Harris
Summary Make title amendment.
Index Headings Insurance - Accident, charges void if solicited by provider or intermediary
Insurance - Motor vehicle accident, charges to be returned to payor
Insurance - Motor vehicle accident, contact by an intermediary prohibited
Insurance - Motor vehicle accident, prohibit solicitation of person by healthcare provider or intermediary
Insurance - Motor vehicle, regulatory sanctions against healthcare provider for
Insurance, Motor Vehicle - Accident, contact by an intermediary prohibited
Insurance, Motor Vehicle - Accident, prohibit solicitation of person by healthcare provider within 30 days of accident
Insurance, Motor Vehicle - Accident, regulatory sanctions against healthcare provider for solicitation of person

Amendment Senate Floor Amendment 2
Sponsor E. Harris
Summary Add definition of insurer; add to definition of solicitation a communication made for the purpose of obtaining a release from tort liability or PIP claims from a person involved in a motor vehicle accident; prohibit an insurer from seeking to obtain a release from tort liability or PIP claims, within the first 30 days of an accident.
Index Headings Insurance - Accident, charges void if solicited by provider or intermediary
Insurance - Motor vehicle accident, charges to be returned to payor
Insurance - Motor vehicle accident, contact by an intermediary prohibited
Insurance - Motor vehicle accident, prohibit solicitation of person by healthcare provider or intermediary
Insurance - Motor vehicle, regulatory sanctions against healthcare provider for
Insurance, Motor Vehicle - Accident, contact by an intermediary prohibited
Insurance, Motor Vehicle - Accident, prohibit solicitation of person by healthcare provider within 30 days of accident
Insurance, Motor Vehicle - Accident, regulatory sanctions against healthcare provider for solicitation of person

Amendment Senate Floor Amendment 3
Sponsor R. Jones II
Summary Retain original provisions; add definition of insurer; add to definition of solicitation a communication made for the purpose of obtaining a release from tort liability or PIP claims from a person involved in a motor vehicle accident; require an insurer with knowledge of another insurer's violation to notify the department of insurance; prohibit an insurer from seeking to obtain a release from tort liability or PIP claims, within the first 30 days of an accident; require that a release obtained in violation of Section 2 be void; create a new section of subtitle 99 to KRS Chapter 304 to grant the commissioner of insurance authority to fine an insurer who violates Section 2.
Index Headings Insurance - Accident, charges void if solicited by provider or intermediary
Insurance - Motor vehicle accident, charges to be returned to payor
Insurance - Motor vehicle accident, contact by an intermediary prohibited
Insurance - Motor vehicle accident, prohibit solicitation of person by healthcare provider or intermediary
Insurance - Motor vehicle, regulatory sanctions against healthcare provider for
Insurance, Motor Vehicle - Accident, contact by an intermediary prohibited
Insurance, Motor Vehicle - Accident, prohibit solicitation of person by healthcare provider within 30 days of accident
Insurance, Motor Vehicle - Accident, regulatory sanctions against healthcare provider for solicitation of person

Amendment Senate Floor Amendment 4
Sponsor R. Jones II
Summary Make title amendment.
Index Headings Insurance - Accident, charges void if solicited by provider or intermediary
Insurance - Motor vehicle accident, charges to be returned to payor
Insurance - Motor vehicle accident, contact by an intermediary prohibited
Insurance - Motor vehicle accident, prohibit solicitation of person by healthcare provider or intermediary
Insurance - Motor vehicle, regulatory sanctions against healthcare provider for
Insurance, Motor Vehicle - Accident, contact by an intermediary prohibited
Insurance, Motor Vehicle - Accident, prohibit solicitation of person by healthcare provider within 30 days of accident
Insurance, Motor Vehicle - Accident, regulatory sanctions against healthcare provider for solicitation of person

Last updated: 1/16/2019 3:10 PM (EST)