AN ACT CONCERNING SOLICITATION OF CLIENTS, PATIENTS OR CUSTOMERS.

This bill makes it a crime for someone to knowingly, for financial gain, procure or attempt to procure a client, patient, or customer at the direction of, request of, or in cooperation with a “provider” as defined by the bill whose purpose is to:

1. seek to obtain benefits under an insurance contract;

2. assert a claim against an insured or an insurance carrier for providing services to the client, patient, or customer; or

3. obtain benefits under or assert a claim against a state or federal health care benefits program or prescription drug assistance program.

The bill labels such a person a “runner. ” The bill also makes it a crime to solicit, direct, hire, or employ someone as a runner.

The penalty for acting as, or hiring, a runner is imprisonment for up to one year, or a fine of up to $ 5,000, or both.

The criminal penalties do not apply to the referrals by an attorney or health care professional to another attorney or health care professional, or referrals between attorneys or between health care professionals.

The bill specifies that a “runner” does not include someone who procures or attempts to procure clients, patients, or customers for a provider through public media or a person who refers clients, patients, or customers to a provider as otherwise authorized by law.

1. attorney, a health care professional, an owner or operator of a health care practice or facility;

2. any person who creates the impression that he or she individually or his or her practice or facility can provide legal or health care services; or

3. any person employed or acting on their behalf.

Under the bill “public media” means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, mail, or electronically transmitted written communications that do not involve in-person contact with a specific prospective client, patient, or customer. The bill specifies that “public media” does not include contact or mailings within 40 days of an accident to any person (1) who has been involved in a motor vehicle accident, (2) who has suffered a personal injury, or (3) whose relative has suffered a wrongful death.

Yea

Nay

(03/27/2009)