1 | Representative(s) Goodlette offered the following: |
2 |
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3 | Amendment |
4 | Remove line(s) 975-1035 and insert: |
5 | (6) No viatical settlement broker, viatical settlement |
6 | provider, or insurance agent in the business of viatical |
7 | settlements in this state shall directly or indirectly own or be |
8 | an officer, director, or employee of a life expectancy provider. |
9 | (7) Each registered life expectancy provider shall provide |
10 | the office, as applicable, at least 30 days' advance notice of |
11 | any change in the registrants name, residence address, principal |
12 | business address, or mailing address. |
13 | (8) A person required to be registered by this section |
14 | shall for 5 years retain copies of all life expectancies and |
15 | supporting documents and medical records unless those personal |
16 | medical records are subject to different retention or |
17 | destruction requirements of a federal or state personal health |
18 | information law. |
19 | (9) An application for life expectancy provider |
20 | registration shall be approved or denied by the commissioner |
21 | within 60 calendar days following receipt of a completed |
22 | application by the commissioner. The office shall notify the |
23 | applicant that the application is complete. A completed |
24 | application that is not approved or denied in 60 calendar days |
25 | following its receipt shall be deemed approved. |
26 | (10) The office may, in its discretion, deny the |
27 | application for a life expectancy provider registration or |
28 | suspend, revoke, or refuse to renew or continue the registration |
29 | of a life expectancy provider if the office finds: |
30 | (a) Any cause for which registration could have been |
31 | refused had it then existed and been known to the office; |
32 | (b) A violation of any provision of this code or of any |
33 | other law applicable to the applicant or registrant; |
34 | (c) A violation of any lawful order or rule of the |
35 | department, commission, or office; or |
36 | (d) The applicant or registrant: |
37 | 1. Has been found guilty of or pled guilty or nolo |
38 | contendere to a felony or a crime punishable by imprisonment of |
39 | 1 year or more under the law of the United States of America or |
40 | of any state thereof or under the law of any other country; |
41 | 2. Knowingly and willfully aided, assisted, procured, |
42 | advised, or abetted any person in the violation of or to violate |
43 | a provision of the insurance code or any order or rule of the |
44 | department, commission, or office; |
45 | 3. Knowingly and with intent to defraud, provided a life |
46 | expectancy that does not conform to a applicant's or |
47 | registrant's general practice; |
48 | 4. Does not have a good business reputation or does not |
49 | have experience, training, or education that qualifies the |
50 | applicant or registrant to conduct the business of a life |
51 | expectancy provider; or |
52 | 5. Demonstrated lack of fitness or trustworthiness to |
53 | engage in the business of issuing life expectancies. |
54 | (11) The office may, in lieu of or in addition to any |
55 | suspension or revocation, assess an administrative fine not to |
56 | exceed $2,500 for each nonwillful violation or $10,000 for each |
57 | willful violation by a registered life expectancy provider. The |
58 | office may also place a registered life expectancy provider on |
59 | probation for a period not to exceed 2 years. |
60 | (12) It is a violation of this section for a person to |