***Adopted***

AMENDMENT No. 1 PROPOSED TO

                             House Bill NO. 683

                             By Representative(s) Ketchings, Stevens


     AMEND by striking all after line 492 through the "period" on line 517 and inserting in lieu thereof the following:

          "(a)  If the commissioner finds that an insurer, during any calendar year, has paid at least ninety-five percent (95%), but less than one hundred percent (100%), of all clean claims received from all providers during that year in accordance with the provisions of subsection (1)(h) of this section, the commissioner may levy an aggregate penalty in an amount not to exceed One Thousand Dollars ($1,000.00).  If the commissioner finds that an insurer, during any calendar year, has paid at least eighty-five percent (85%), but less than ninety-five percent (95%), of all clean claims received from all providers during that year in accordance with the provisions of subsection (1)(h) of this section, the commissioner may levy an aggregate penalty in an amount not to exceed Ten Thousand Dollars ($10,000.00).  If the commissioner finds that an insurer, during any calendar year, has paid at least fifty percent (50%), but less than eighty-five percent (85%), of all clean claims received from all providers during that year in accordance with the provision of subsection (1)(h) of this section, the commissioner may levy an aggregate penalty in an amount of not less than Ten Thousand Dollars ($10,000.00) nor more than One Hundred Thousand Dollars ($100,000.00).  If the commissioner finds that an insurer, during any calendar year, has paid less than fifty percent (50%) of all clean claims received from all providers during that year in accordance with the provisions of subsection (1)(h) of this section, the commissioner may levy an aggregate penalty in an amount not less than One Hundred Thousand Dollars ($100,000.00) nor more than Two Hundred Thousand Dollars ($200,000.00).";

     AMEND FURTHER, by striking all after the "period" on line 31  through line 34;

     AMEND FURTHER,  by inserting the following after the "period" on line 23:

     "As used in this section, the term 'insurer' means a health maintenance organization, an insurance company or any other entity responsible for the payment of benefits under a policy or contract of accident and sickness insurance."