MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Insurance; Medicaid
By: Representative Currie
AN ACT TO AMEND SECTION 83-17-71, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF INSURANCE TO SUSPEND OR REVOKE AN INSURANCE PRODUCER'S LICENSE OR IMPOSE A CIVIL PENALTY AGAINST AN INSURANCE PRODUCER FOR VIOLATING ANY PROVISION OF SECTION 103 OF THE MEDICARE IMPROVEMENTS FOR PATIENTS AND PROVIDERS ACT OF 2008, OR VIOLATING ANY RULE OR REGULATION OF THE CENTERS FOR MEDICARE AND MEDICAID SERVICES RELATING TO PROHIBITIONS AND LIMITATIONS ON CERTAIN SALES AND MARKETING ACTIVITIES OF MEDICARE ADVANTAGE PLANS AND MEDICARE PRESCRIPTION DRUG PLANS; TO CODIFY NEW SECTION 83-17-72, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT IS A MISDEMEANOR FOR AN INSURANCE PRODUCER TO VIOLATE THAT SECTION OF FEDERAL LAW OR THOSE FEDERAL RULES OR REGULATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 83-17-71, Mississippi Code of 1972, is amended as follows:
83-17-71. (1) The commissioner may place on probation, suspend, revoke or refuse to issue or renew an insurance producer's license, or may levy a civil penalty in an amount not to exceed One Thousand Dollars ($1,000.00) per violation, and the penalty shall be deposited into the special fund of the State Treasury designated as the "Insurance Department Fund" for any one or more of the following causes:
(a) Providing incorrect, misleading, incomplete or materially untrue information in the license application;
(b) Violating any insurance laws, or violating any regulation, subpoena or order of the commissioner or of another state's commissioner;
(c) Obtaining or attempting to obtain a license through misrepresentation or fraud;
(d) Improperly withholding, misappropriating or converting any monies or properties received in the course of doing insurance business;
(e) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance;
(f) Having been convicted of a felony;
(g) Having admitted or been found to have committed any insurance unfair trade practice or fraud;
(h) Using fraudulent, coercive or dishonest practices or demonstrating incompetence, untrustworthiness or financial irresponsibility in the conduct of business in this state or elsewhere;
(i) Having an insurance producer license, or its equivalent, denied, suspended or revoked in any other state, province, district or territory;
(j) Forging another's name to an application for insurance or to any document related to an insurance transaction;
(k) Improperly using notes or any other reference material to complete an examination for an insurance license;
(l) Knowingly accepting insurance business from an individual who is not licensed;
(m) Failing to comply with an administrative or court order imposing a child support obligation; * * *
(n) Failing to pay state income tax or comply with any administrative or court order directing payment of state income tax; or
(o) Violating any provision of Section 103 of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275), or violating any rule or regulation of the Centers for Medicare and Medicaid Services (CMS) relating to prohibitions and limitations on certain sales and marketing activities of Medicare Advantage plans and Medicare Prescription Drug plans.
(2) If the action by the commissioner is to nonrenew or to deny an application for a license, the commissioner shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make written demand upon the commissioner within ten (10) days for a hearing before the commissioner to determine the reasonableness of the commissioner's action. The hearing shall be held within thirty (30) days.
(3) The license of a business entity may be suspended, revoked or refused if the commissioner finds, after hearing, that an individual licensee's violation was known or should have been known by one or more of the partners, officers or managers acting on behalf of the partnership or corporation and the violation was neither reported to the commissioner nor corrective action taken.
(4) In addition to, or in lieu of, any applicable denial, suspension or revocation of a license, a person may, after hearing, be subject to a civil fine not to exceed One Thousand Dollars ($1,000.00) per violation, and the fine shall be deposited into the special fund in the State Treasury designated as the "Insurance Department Fund."
(5) The commissioner shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this article and Title 83, Mississippi Code of 1972, against any person who is under investigation for or charged with a violation of this article or Title 83, Mississippi Code of 1972, even if the person's license or registration has been surrendered or has lapsed by operation of law.
(6) No licensee whose license has been revoked under this section shall be entitled to file another application for a license as a producer within one (1) year from the effective date of the revocation or, if judicial review of the revocation is sought, within one (1) year from the date of final court order or decree affirming the revocation. The application, when filed, may be refused by the commissioner unless the applicant shows good cause why the revocation of his license shall not be deemed a bar to the issuance of a new license.
SECTION 2. The following shall be codified as Section 83-17-72, Mississippi Code of 1972:
83-17-72. Any insurance producer who violates any provision of Section 103 of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275), or violates any rule or regulation of the Centers for Medicare and Medicaid Services (CMS) relating to prohibitions and limitations on certain sales and marketing activities of Medicare Advantage plans and Medicare Prescription Drug plans, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) and not more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for not more than six (6) months, or both.
SECTION 3. This act shall take effect and be in force from and after July 1, 2012.