Senate Bill 2516c1

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    Florida Senate - 1999                           CS for SB 2516

    By the Committee on Banking and Insurance; and Senator Rossin





    311-1984B-99

  1                      A bill to be entitled

  2         An act relating to insurance fraud; amending s.

  3         626.321, F.S.; providing requirements for

  4         limited licenses for credit life or disability

  5         insurance and credit insurance; amending s.

  6         626.989, F.S.; defining the terms "insurer" and

  7         "insurance policy" for purposes of determining

  8         insurance fraud; creating s. 626.9892, F.S.;

  9         establishing the Anti-Fraud Reward Program in

10         the department; providing for rewards under

11         certain circumstances; requiring the department

12         to adopt rules to implement the program;

13         exempting review of department decisions

14         relating to rewards; creating s. 641.3915,

15         F.S.; requiring health maintenance

16         organizations to comply with insurer anti-fraud

17         requirements; amending s. 775.15, F.S.;

18         extending the statute of limitations for

19         certain insurance fraud violations; amending s.

20         817.234, F.S.; specifying a schedule of

21         criminal penalties for committing insurance

22         fraud; providing definitions; providing

23         application to health maintenance organizations

24         and contracts; amending s. 817.505, F.S.;

25         revising a penalty for patient brokering;

26         reenacting s. 455.657(3), F.S., relating to

27         kickbacks, to incorporate changes; providing an

28         appropriation; providing an effective date.

29

30  Be It Enacted by the Legislature of the State of Florida:

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  1         Section 1.  Paragraphs (e) and (f) of subsection (1) of

  2  section 626.321, Florida Statutes, 1998 Supplement are amended

  3  to read:

  4         626.321  Limited licenses.--

  5         (1)  The department shall issue to a qualified

  6  individual, or a qualified individual or entity under

  7  paragraphs (c), (d), and (e), a license as agent authorized to

  8  transact a limited class of business in any of the following

  9  categories:

10         (e)  Credit life or disability insurance.--License

11  covering only credit life or disability insurance.  The

12  license may be issued only to an individual employed by a life

13  or health insurer as an officer or other salaried or

14  commissioned representative, or to an individual employed by

15  or associated with a lending or financing institution or

16  creditor, and may authorize the sale of such insurance only

17  with respect to borrowers or debtors of such lending or

18  financing institution or creditor.  However, only the

19  individual or entity whose tax identification number is used

20  in receiving or is credited with receiving the commission from

21  the sale of such insurance shall be the licensed agent of the

22  insurer.  No individual while so licensed shall hold a license

23  as an agent or solicitor as to any other or additional kind or

24  class of life or health insurance coverage.  An entity other

25  than a lending or financial institution defined in s. 626.988

26  holding a limited license under this paragraph shall also be

27  authorized to sell credit property insurance. An entity

28  applying for a license under this section:

29         1.  Is required to submit only one application for a

30  license under s. 626.171.

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  1         2.  Is required to obtain a license for each office,

  2  branch office, or place of business making use of the entity's

  3  business name by applying to the department for the license on

  4  a simplified form developed by rule of the department for this

  5  purpose.

  6         3.  Is not required to pay any additional application

  7  fees for a license issued to the offices or places of business

  8  referenced in subsection (2), but is required to pay the

  9  license fee as prescribed in s. 624.501, be appointed under s.

10  626.112, and pay the prescribed appointment fee under s.

11  624.501. The license obtained under this paragraph shall be

12  posted at the business location for which it was issued so as

13  to be readily visible to prospective purchasers of such

14  coverage.

15         (f)  Credit insurance.--License covering only credit

16  insurance, as such insurance is defined in s. 624.605(1)(i),

17  and no individual or entity so licensed shall, during the same

18  period, hold a license as an agent or solicitor as to any

19  other or additional kind of life or health insurance with the

20  exception of credit life or disability insurance as defined in

21  paragraph (e). The same licensing provisions as outlined in

22  paragraph (e) apply to entities licensed as credit insurance

23  agents under this paragraph.

24         Section 2.  Subsection (1) of section 626.989, Florida

25  Statutes, 1998 Supplement, is amended to read:

26         626.989  Division of Insurance Fraud; definition;

27  investigative, subpoena powers; protection from civil

28  liability; reports to division; division investigator's power

29  to execute warrants and make arrests.--

30         (1)  For the purposes of this section, a person commits

31  a "fraudulent insurance act" if the person knowingly and with

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    Florida Senate - 1999                           CS for SB 2516
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  1  intent to defraud presents, causes to be presented, or

  2  prepares with knowledge or belief that it will be presented,

  3  to or by an insurer, self-insurer, self-insurance fund,

  4  servicing corporation, purported insurer, broker, or any agent

  5  thereof, any written statement as part of, or in support of,

  6  an application for the issuance of, or the rating of, any

  7  insurance policy, or a claim for payment or other benefit

  8  pursuant to any insurance policy, which the person knows to

  9  contain materially false information concerning any fact

10  material thereto or if the person conceals, for the purpose of

11  misleading another, information concerning any fact material

12  thereto. For the purposes of this section, the term "insurer"

13  also includes any health maintenance organization and the term

14  "insurance policy" also includes a health maintenance

15  organization subscriber contract.

16         Section 3.  Section 626.9892, Florida Statutes, is

17  created to read:

18         626.9892  Anti-Fraud Reward Program; reporting of

19  insurance fraud.--

20         (1)  The Anti-Fraud Reward Program is established

21  within the department, to be funded from the Insurance

22  Commissioner's Regulatory Trust Fund.

23         (2)  The department may pay rewards of up to $25,000 to

24  persons providing information leading to the arrest and

25  conviction of persons committing complex or organized crimes

26  investigated by the Division of Insurance Fraud arising from

27  violations of s. 440.105, s. 624.15, s. 626.9541, s. 626.989,

28  or s. 817.234.

29         (3)  Only a single reward amount may be paid by the

30  department for claims arising out of the same transaction or

31  occurrence, regardless of the number of persons arrested and

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    Florida Senate - 1999                           CS for SB 2516
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  1  convicted and the number of persons submitting claims for the

  2  reward.  The reward may be disbursed among more than one

  3  person in amounts determined by the department.

  4         (4)  The department shall adopt rules that set forth

  5  the application and approval process, including the criteria

  6  against which claims are to be evaluated, the basis for

  7  determining specific reward amounts, and the manner in which

  8  rewards are disbursed. Applications for rewards authorized by

  9  this section must be made under rules established by the

10  department.

11         (5)  Determinations by the department to grant or deny

12  a reward under this section is not considered agency action

13  subject to review under s. 120.569 or s. 120.57.

14         Section 4.  Section 641.3915, Florida Statutes, is

15  created to read:

16         641.3915  Health maintenance organization anti-fraud

17  plans and investigative units.--Each authorized health

18  maintenance organization and applicant for a certificate of

19  authority shall comply with the provisions of ss. 626.989 and

20  626.9891 as though such organization or applicant were an

21  authorized insurer. For purposes of this section, the

22  reference to the year 1996 in s. 626.9891 means the year 2000

23  and the reference to the year 1995 means the year 1999.

24         Section 5.  Paragraph (h) of subsection (2) of section

25  775.15, Florida Statutes, 1998 Supplement, is amended to read:

26         775.15  Time limitations.--

27         (2)  Except as otherwise provided in this section,

28  prosecutions for other offenses are subject to the following

29  periods of limitation:

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    Florida Senate - 1999                           CS for SB 2516
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  1         (h)  A prosecution for a felony violation of s. 440.105

  2  or s. 817.234 must be commenced within 5 years after the

  3  violation is committed.

  4         Section 6.  Subsections (1), (2), (3), (4), and (10) of

  5  section 817.234, Florida Statutes, 1998 Supplement, are

  6  amended and subsections (11) and (12) are added to that

  7  section to read:

  8         817.234  False and fraudulent insurance claims.--

  9         (1)(a)  A person commits insurance fraud punishable as

10  provided in subsection (11) if that person Any person who,

11  with the intent to injure, defraud, or deceive any insurer:

12         1.  Presents or causes to be presented any written or

13  oral statement as part of, or in support of, a claim for

14  payment or other benefit pursuant to an insurance policy or

15  health maintenance organization subscriber or provider

16  contract, knowing that such statement contains any false,

17  incomplete, or misleading information concerning any fact or

18  thing material to such claim;

19         2.  Prepares or makes any written or oral statement

20  that is intended to be presented to any insurer in connection

21  with, or in support of, any claim for payment or other benefit

22  pursuant to an insurance policy or health maintenance

23  organization subscriber or provider contract, knowing that

24  such statement contains any false, incomplete, or misleading

25  information concerning any fact or thing material to such

26  claim; or

27         3.a.  Knowingly presents, causes to be presented, or

28  prepares or makes with knowledge or belief that it will be

29  presented to any insurer, purported insurer, servicing

30  corporation, insurance broker, or insurance agent, or any

31  employee or agent thereof, any false, incomplete, or

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    Florida Senate - 1999                           CS for SB 2516
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  1  misleading information or written or oral statement as part

  2  of, or in support of, an application for the issuance of, or

  3  the rating of, any insurance policy, or health maintenance

  4  organization subscriber or provider contract; or

  5         b.  Knowingly who conceals information concerning any

  6  fact material to such application,

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  8  commits a felony of the third degree, punishable as provided

  9  in s. 775.082, s. 775.083, or s. 775.084.

10         (b)  All claims and application forms shall contain a

11  statement that is approved by the Department of Insurance that

12  clearly states in substance the following: "Any person who

13  knowingly and with intent to injure, defraud, or deceive any

14  insurer files a statement of claim or an application

15  containing any false, incomplete, or misleading information is

16  guilty of a felony of the third degree."  This paragraph does

17  not apply to reinsurance contracts, reinsurance agreements, or

18  reinsurance claims transactions. The changes in this paragraph

19  relating to applications shall take effect on March 1, 1996.

20         (2)  Any physician licensed under chapter 458,

21  osteopathic physician licensed under chapter 459, chiropractic

22  physician licensed under chapter 460, or other practitioner

23  licensed under the laws of this state who knowingly and

24  willfully assists, conspires with, or urges any insured party

25  to fraudulently violate any of the provisions of this section

26  or part XI of chapter 627, or any person who, due to such

27  assistance, conspiracy, or urging by said physician,

28  osteopathic physician, chiropractic physician, or

29  practitioner, knowingly and willfully benefits from the

30  proceeds derived from the use of such fraud, commits insurance

31  fraud is guilty of a felony of the third degree, punishable as

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  1  provided in subsection (11) s. 775.082, s. 775.083, or s.

  2  775.084. In the event that a physician, osteopathic physician,

  3  chiropractic physician, or practitioner is adjudicated guilty

  4  of a violation of this section, the Board of Medicine as set

  5  forth in chapter 458, the Board of Osteopathic Medicine as set

  6  forth in chapter 459, the Board of Chiropractic Medicine as

  7  set forth in chapter 460, or other appropriate licensing

  8  authority shall hold an administrative hearing to consider the

  9  imposition of administrative sanctions as provided by law

10  against said physician, osteopathic physician, chiropractic

11  physician, or practitioner.

12         (3)  Any attorney who knowingly and willfully assists,

13  conspires with, or urges any claimant to fraudulently violate

14  any of the provisions of this section or part XI of chapter

15  627, or any person who, due to such assistance, conspiracy, or

16  urging on such attorney's part, knowingly and willfully

17  benefits from the proceeds derived from the use of such fraud,

18  commits insurance fraud a felony of the third degree,

19  punishable as provided in subsection (11) s. 775.082, s.

20  775.083, or s. 775.084.

21         (4)  Any No person or governmental unit licensed under

22  chapter 395 to maintain or operate a hospital, and any no

23  administrator or employee of any such hospital, who shall

24  knowingly and willfully allows allow the use of the facilities

25  of said hospital by an insured party in a scheme or conspiracy

26  to fraudulently violate any of the provisions of this section

27  or part XI of chapter 627.  Any hospital administrator or

28  employee who violates this subsection commits insurance fraud

29  a felony of the third degree, punishable as provided in

30  subsection (11) s. 775.082, s. 775.083, or s. 775.084.  Any

31  adjudication of guilt for a violation of this subsection, or

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  1  the use of business practices demonstrating a pattern

  2  indicating that the spirit of the law set forth in this

  3  section or part XI of chapter 627 is not being followed, shall

  4  be grounds for suspension or revocation of the license to

  5  operate the hospital or the imposition of an administrative

  6  penalty of up to $5,000 by the licensing agency, as set forth

  7  in chapter 395.

  8         (10)  As used in this section, the term "insurer" means

  9  any insurer, health maintenance organization, self-insurer,

10  self-insurance fund, or other similar entity or person

11  regulated under chapter 440 or chapter 641 or by the

12  Department of Insurance under the Florida Insurance Code.

13         (11)  If the value of any property involved in a

14  violation of this section:

15         (a)  Is less than $20,000, the offender commits a

16  felony of the third degree, punishable as provided in s.

17  775.082, s. 775.083, or s. 775.084.

18         (b)  Is $20,000 or more, but less than $100,000, the

19  offender commits a felony of the second degree, punishable as

20  provided in s. 775.082, s. 775.083, or s. 775.084.

21         (c)  Is $100,000 or more, the offender commits a felony

22  of the first degree, punishable as provided in s. 775.082, s.

23  775.083, or s. 775.084.

24         (12)  As used in this section, the term:

25         (a)  "Property" means property as defined in s.

26  812.012.

27         (b)  "Value" means value as defined in s. 812.012.

28         Section 7.  Subsection (4) of section 817.505, Florida

29  Statutes, 1998 Supplement, is amended to read:

30         817.505  Patient brokering prohibited; exceptions;

31  penalties.--

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  1         (4)  Any person, including an officer, partner, agent,

  2  attorney, or other representative of a firm, joint venture,

  3  partnership, business trust, syndicate, corporation, or other

  4  business entity, who violates any provision of this section

  5  commits:

  6         (a)  A misdemeanor of the first degree for a first

  7  violation, punishable as provided in s. 775.082 or by a fine

  8  not to exceed $5,000, or both.

  9         (b)  a felony of the third degree for a second or

10  subsequent violation, punishable as provided in s. 775.082, s.

11  775.083, or s. 775.084 or by a fine not to exceed $10,000, or

12  both.

13         Section 8.  For the purpose of incorporating the

14  amendment to subsection (4) of section 817.505, Florida

15  Statutes, 1998 Supplement, in a reference thereto, subsection

16  (3) of section 455.657, Florida Statutes, is reenacted to

17  read:

18         455.657  Kickbacks prohibited.--

19         (3)  Violations of this section shall be considered

20  patient brokering and shall be punishable as provided in s.

21  817.505.

22         Section 9.  The sum of $250,000 is appropriated from

23  the Insurance Commissioner's Regulatory Trust Fund in a

24  nonoperating category for fiscal year 1999-2000 for the

25  purpose of implementing the reward program under section

26  626.9892, Florida Statutes, as created by this act.

27         Section 10.  This act shall take effect July 1, 1999.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2516

  3

  4  1.    Allows entities licensed to market credit life, credit
          disability, and credit property insurance as well as
  5        credit insurance, to submit only one application to the
          Department of Insurance, to obtain a license for each
  6        branch office, and apply for licensure using an
          abbreviated fee for a license issued to a branch office,
  7        but are required to pay certain appointment fees.

  8  2.    Health maintenance organizations (HMOs) and HMO
          contracts would be included under the law prohibiting
  9        false and fraudulent insurance claims and applications.
          Health maintenance organizations would be required to
10        file anti-fraud plans with the Department of Insurance
          or establish special investigative units.
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    3.    The Department of Insurance would be authorized to
12        create an "Anti-Fraud Reward Program" in order to pay
          rewards to individuals who provide information leading
13        to the arrest and conviction of persons committing
          insurance fraud. Appropriates $250,000 from the
14        Insurance Commissioner's Regulatory Trust Fund to
          implement the reward program.
15
    4.    Criminal penalties for insurance fraud would be
16        increased using a sliding scale based on the value of
          the property involved in the fraudulent activity. The
17        statute of limitations for prosecuting insurance fraud
          would be extended from 3 years to 5 years.
18
    5.    The criminal penalties for patient brokering would be
19        increased. Reenacts the provision which prohibits
          kickbacks under s. 455.657, F.S.
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