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A BILL TO BE ENTITLED
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AN ACT
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relating to the waiving of insurance deductibles and other |
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manipulation of charges in the insurance claims process, creating |
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an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 27.02, Business and |
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Commerce Code, is amended to read as follows: |
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Sec. 27.02. WAIVING OF DEDUCTIBLES AND OTHER MANIPULATION |
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OF CHARGES IN INSURANCE CLAIMS CERTAIN INSURANCE CLAIMS FOR
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EXCESSIVE CHARGES
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SECTION 2. Sections 27.02(a) and (b), Business and Commerce |
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Code, are amended to read as follows: |
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(a) A person who provides sells goods or services and is |
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wholly or partially compensated with payments arising from a claim |
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under a property or casualty insurance policy commits an offense |
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if: |
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(1) the person advertises or promises to provide the
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good or service and to pay, waive, absorb, rebate, subsidize, |
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credit, or otherwise cover for any reason [: |
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[(A)] all or part of any applicable insurance |
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deductible or other uninsured amount owed by an insured under the |
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terms of the applicable policy; [or
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[(B) a rebate in an amount equal to all or part of
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any applicable insurance deductible;] |
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(2)
the good or service is paid for by the consumer
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from proceeds of a property or casualty insurance policy; and
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(23) the person knowingly provides or causes to be |
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provided to an insurer any estimate or other statement as to the |
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cost of repair for the good or service provided that has been |
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increased, inflated, or otherwise manipulated [charges an amount
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for the good or service that exceeds the usual and customary charge
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by the person for the good or service] by an amount equal to or |
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greater than all or part of the applicable insurance deductible or |
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other uninsured amount owed by an insured under the terms of the |
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applicable policy paid by the person to an insurer on behalf of an
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insured or remitted to an insured by the person as a rebate. |
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(b) A person who is insured under a property or casualty |
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insurance policy commits an offense if the person: |
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(1) knowingly submits a claim under the policy based |
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on conduct charges that are in violation of Subsection (a) of this |
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section; or |
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(2) knowingly allows a claim in violation of |
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Subsection (a) of this section to be submitted, unless the person |
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promptly notifies the insurer of the conduct in violation of |
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Subsection (a) excessive charges. |
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(c) An offense under this section is a Class A |
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misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2015. |