2001 REGULAR SESSION (71st) A AB135 146
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, line 2, by deleting “6,” and inserting “6.5,”.
Amend sec. 2, page 1, line 4, by deleting “6,” and inserting “6.5,”.
Amend sec. 6, page 2, by deleting line 8 and inserting:
“of a business which is not a criminal suspect that are relevant to an investigation of insurance fraud”.
Amend sec. 6, page 2, line 13, by deleting “6,” and inserting “6.5,”.
Amend sec. 6, page 2, lines 15 and 19, by deleting “a person” and inserting “the business”.
Amend sec. 6, page 2, lines 24, 26, 28 and 31, by deleting “person” and inserting “business”.
Amend sec. 6, page 2, line 33, by deleting “he” and inserting “the business”.
Amend sec. 6, page 2, line 34, by deleting “person.” and inserting “business.”.
Amend sec. 6, page 2, line 36, by deleting “person” and inserting “business”.
Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:
“Sec. 6.5. 1. All records and other information related to an investigation conducted by the attorney general and the fraud control unit for the prosecution of insurance fraud are confidential unless:
(a) The attorney general releases, in such manner as he deems appropriate, all or any part of the records or information for public inspection after determining that the release of the records or information:
(1) Will not harm the investigation or the person who is being investigated; or
(2) Serves the interests of a policyholder, the shareholders of the insurer or the public; or
(b) A court orders the release of the records or information after determining that the production of the records or information will not damage any investigation being conducted by the fraud control unit.
2. The attorney general may classify as confidential specific records and other information if the records or other information was obtained from a governmental agency or other source upon the express condition that the contents would remain confidential.
3. All information and documents in the possession of the attorney general and the fraud control unit that are related to cases or matters under investigation are confidential for the duration of the investigation and may not be made public unless the attorney general finds the existence of an imminent threat of harm to the safety or welfare of the policyholder, shareholders or the public and determines that the interests of the policyholder, shareholders or the public will be served by publication thereof, in which event he may make a record public or publish all or any part of the record in any manner he deems appropriate.”.
Amend sec. 7, page 2, line 47, by deleting “6,” and inserting “6.5,”.
Amend sec. 9, page 3, by deleting lines 29 through 36 and inserting:
“679B.157 [An]Any person, governmental entity, insurer, employee or representative of an insurer, official of an investigative or law enforcement agency, employee of the division ,[or] the commissioner , the attorney general or a member of the fraud control unit is not subject to a criminal penalty or subject to civil liability for libel, slander or any similar cause of action in tort if he, without malice, discloses information on a fraudulent claim or suspicious fire.”.
Amend the bill as a whole by deleting sections 10 through 12 and inserting:
“Secs. 10-12. (Deleted by amendment.)”.
Amend sec. 17, page 6, line 30, after “2.” by inserting:
“Any money received by the attorney general pursuant to paragraph (b) of subsection 1 must be accounted for separately and used to pay the expenses of the fraud control unit for insurance established pursuant to section 27 of this act, and is hereby authorized for expenditure for that purpose. The money in the account does not revert to the state general fund at the end of any fiscal year and must be carried forward to the next fiscal year.
3.”.
Amend sec. 19, pages 6 and 7, by deleting lines 48 and 49 on page 6 and lines 1 through 3 on page 7, and inserting:
“686A.283 1. Any person, governmental entity, insurer or authorized representative of an insurer [, who believes, or has reason to believe, that a fraudulent claim for benefits under a policy of insurance has been made, or is about to be made] shall report any information concerning [that claim]insurance fraud to the”.
Amend sec. 20, page 7, lines 27 and 29, by deleting “or” and inserting “and”.
Amend sec. 27, page 11, line 14, by deleting “6,” and inserting “6.5,”.