Last Action | signed by Governor (Acts, ch. 46) |
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Title | AN ACT relating to solicitation of a person involved in a motor vehicle accident for healthcare services. |
Bill Documents |
Bill
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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 |
01/08/15 |
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01/09/15 |
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02/03/15 |
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02/23/15 |
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02/24/15 |
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02/25/15 |
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02/26/15 |
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02/27/15 |
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03/02/15 |
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03/09/15 |
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03/10/15 |
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03/11/15 |
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03/23/15 |
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Amendment | House Committee Substitute 1 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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)