Amendment
Bill No. 1437
Amendment No. 838181
CHAMBER ACTION
Senate House
.
.
.






1Representative(s) Goodlette offered the following:
2
3     Amendment
4     Remove line(s) 975-1035 and insert:
5     (6)  No viatical settlement broker, viatical settlement
6provider, or insurance agent in the business of viatical
7settlements in this state shall directly or indirectly own or be
8an officer, director, or employee of a life expectancy provider.
9     (7)  Each registered life expectancy provider shall provide
10the office, as applicable, at least 30 days' advance notice of
11any change in the registrants name, residence address, principal
12business address, or mailing address.
13     (8)  A person required to be registered by this section
14shall for 5 years retain copies of all life expectancies and
15supporting documents and medical records unless those personal
16medical records are subject to different retention or
17destruction requirements of a federal or state personal health
18information law.
19     (9)  An application for life expectancy provider
20registration shall be approved or denied by the commissioner
21within 60 calendar days following receipt of a completed
22application by the commissioner. The office shall notify the
23applicant that the application is complete. A completed
24application that is not approved or denied in 60 calendar days
25following its receipt shall be deemed approved.
26     (10)  The office may, in its discretion, deny the
27application for a life expectancy provider registration or
28suspend, revoke, or refuse to renew or continue the registration
29of a life expectancy provider if the office finds:
30     (a)  Any cause for which registration could have been
31refused had it then existed and been known to the office;
32     (b)  A violation of any provision of this code or of any
33other law applicable to the applicant or registrant;
34     (c)  A violation of any lawful order or rule of the
35department, commission, or office; or
36     (d)  The applicant or registrant:
37     1.  Has been found guilty of or pled guilty or nolo
38contendere to a felony or a crime punishable by imprisonment of
391 year or more under the law of the United States of America or
40of any state thereof or under the law of any other country;
41     2.  Knowingly and willfully aided, assisted, procured,
42advised, or abetted any person in the violation of or to violate
43a provision of the insurance code or any order or rule of the
44department, commission, or office;
45     3.  Knowingly and with intent to defraud, provided a life
46expectancy that does not conform to a applicant's or
47registrant's general practice;
48     4.  Does not have a good business reputation or does not
49have experience, training, or education that qualifies the
50applicant or registrant to conduct the business of a life
51expectancy provider; or
52     5.  Demonstrated lack of fitness or trustworthiness to
53engage in the business of issuing life expectancies.
54     (11)  The office may, in lieu of or in addition to any
55suspension or revocation, assess an administrative fine not to
56exceed $2,500 for each nonwillful violation or $10,000 for each
57willful violation by a registered life expectancy provider. The
58office may also place a registered life expectancy provider on
59probation for a period not to exceed 2 years.
60     (12)  It is a violation of this section for a person to


CODING: Words stricken are deletions; words underlined are additions.