Bill Text: MS HB44 | 2018 | Regular Session | Introduced

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Bill Title: Insurance fraud; provide civil immunity for certain reporting when done in good faith.

Spectrum: Bipartisan Bill

Status: (Failed) 2018-01-30 - Died In Committee [HB44 Detail]

Download: Mississippi-2018-HB44-Introduced.html

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MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Insurance

By: Representative Steverson

House Bill 44

AN ACT TO AMEND SECTION 7-5-307, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT INSURERS AND OTHER PERSONS WHO REPORT INSURANCE FRAUD ARE IMMUNE FROM CIVIL LIABILITY IF THE REPORTING IS MADE IN GOOD FAITH; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 7-5-307, Mississippi Code of 1972, is amended as follows:

     7-5-307.  (1)  If any workers' compensation provider, health insurance provider, employee of the Workers' Compensation Commission or other person or entity has a belief or has any information that a false or misleading statement or representation or fraud or fraudulent denial has been made in connection with or relating to a workers' compensation claim or in connection with or relating to any insurance claim in relation to an insurance plan as defined in Section 7-5-303, such person or entity may report such belief to the Insurance Integrity Enforcement Bureau, furnish any information which may be pertinent and cooperate in an investigation conducted by the bureau.  Investigators for the Insurance Integrity Enforcement Bureau are authorized law enforcement officers and they are authorized to investigate and exercise such powers as are granted to other authorized law enforcement officers; however, the Insurance Integrity Enforcement Bureau and its investigators and personnel shall not have any authority to impede, interfere with or control the operations and functions of the Mississippi Workers' Compensation Commission. 

     (2)  No insurer, employees or agents of any insurer, or any other person acting without malice, fraudulent intent or bad faith, shall be subject to civil liability for libel, slander or any other similar tort, and no civil cause of action of any nature shall exist against such person or entity by virtue of the filing of reports or furnishing other information, either orally, electronically or in writing, concerning suspected, anticipated, or completed acts which are or might be violations of Sections 7-5-301 through 7-5-311 or for violations of any other criminal act arising from cases of insurance fraud when such reports or information are provided to:

          (a)  The Insurance Integrity Enforcement Bureau or other law enforcement officials, their agents and employees; or

          (b)  The National Association of Insurance Commissioners, the Mississippi Insurance Department, a federal or state agency or bureau established to detect and prevent fraudulent insurance acts or any other organization established for the same purpose, their agents, employees or designees.

     ( * * *23)  Prosecutions for violations under Sections 7-5-301 through 7-5-311 or for violations of any other criminal law arising from cases of insurance fraud, may be instituted by the Attorney General, his designee or the district attorney of the district in which the violation occurred, and shall be conducted in the name of the State of Mississippi.  In the prosecution of any criminal proceeding in accordance with this subsection by the Attorney General, or his designee, and in any proceeding before a grand jury in connection therewith, the Attorney General, or his designee, shall exercise all the powers and perform all the duties which the district attorney would otherwise be authorized or required to exercise or perform.  The Attorney General, or his designee, shall have the authority to issue and serve subpoenas in the investigation of any matter which may violate Sections 7-5-301 through 7-5-311 or any matter relating to insurance fraud which may violate any criminal law.

     ( * * *34)  The Attorney General, or his designee, shall notify the Workers' Compensation Commission when the Insurance Integrity Enforcement Bureau opens or closes or otherwise disposes of an investigative file relating to workers' compensation fraud.  Such notification shall be confidential and shall not be subject to release to any third party except as otherwise provided by law.  After such notification, it is solely within the discretion of the Mississippi Workers' Compensation Commission whether to modify or alter the proceedings in any such workers' compensation claims from the normal course of proceedings.

     ( * * *45)  On or before January 1 of each year, the Insurance Integrity Enforcement Bureau shall file a report with the Senate and House of Representatives Insurance Committees detailing its work during the preceding calendar year and shall include the following:

          (a)  The number and types of cases or complaints reported to the bureau;

          (b)  The number and types of cases assigned for investigation;

          (c)  The number of criminal warrants issued and the types of cases;

          (d)  The number and types of cases referred to a district attorney for prosecution;

          (e)  The number and types of cases retained by the Attorney General for prosecution;

          (f)  The number and types of cases closed without prosecution;

          (g)  The number and types of cases closed by the district attorney without prosecution;

          (h)  The number and types of cases pending; and

          (i)  The amount of actual expenses of the bureau during the preceding year classified by the types of cases.

     ( * * *56)  The jurisdiction of the Insurance Integrity Enforcement Bureau shall not infringe upon any matters under the jurisdiction of the Medicaid Fraud Control Unit created in Section 43-13-201 et seq.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2018.

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