05 LC 14
8976
House
Bill 214
By:
Representatives Franklin of the
43rd,
Ralston of the
7th,
Ehrhart of the
36th,
Cooper of the
41st,
Miller of the
106th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia
Annotated, relating to crimes involving theft, so as to define and establish the
crime of theft by conversion of health care benefits; to provide that a person
commits such crime when he or she converts to his or her own use certain health
insurance benefits or other similar benefits in violation of a written
assignment of such benefits to a health care provider; to provide for
punishment; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating
to crimes involving theft, is amended by adding immediately after Code Section
16-8-4 a new Code Section 16-8-4.1 to read as follows:
"16-8-4.1.
(a)
Where an insured or a person covered as a dependent of the insured has in
writing assigned health insurance benefits or other similar benefits to a health
care provider for the cost of health care services provided by the health care
provider, the insured and his or her insured dependents shall have the status of
fiduciaries with respect to any assigned benefits received by them.
(b)
A person commits the offense of theft by conversion of health care benefits
when:
(1)
Such person or a person insured as a dependent of such person has executed a
written assignment of health care benefits in which:
(A)
Health insurance benefits or other similar benefits payable to such person for
the cost of health care services provided by a health care provider were
assigned to the health care provider;
(B)
The person executing the assignment agreed to promptly forward to the health
care provider health insurance benefits or other similar benefits received for
the cost of the health care services provided by the health care provider;
and
(C)
There was included a prominently displayed statement in substantially the
following form:
'I
UNDERSTAND THAT I AGREE TO TRANSFER TO (NAME OF HEALTH CARE PROVIDER) ANY
INSURANCE BENEFITS OR OTHER SIMILAR BENEFITS RECEIVED FOR THE COST OF HEALTH
CARE SERVICES PROVIDED BY (NAME OF HEALTH CARE PROVIDER). I UNDERSTAND THAT ANY
PERSON WHO CONVERTS TO HIS OR HER OWN USE THE BENEFITS ASSIGNED SHALL BE GUILTY
OF A CRIME.'; and
(2)
Such person knowingly and in violation of the written assignment of health care
benefits converts to his or her own use health insurance benefits or other
similar benefits received by such person for the cost of the health care
services provided by the health care provider.
(c)
A person who commits the offense of theft by conversion of health care benefits
shall upon conviction be punished as provided in Code Section
16-8-12.
(d)
No person shall be found guilty of an offense under this Code section if such
person within three days after the receipt of assigned health insurance benefits
or other similar benefits forwarded the assigned benefits to the health care
provider and maintained a reasonable record of the forwarding of the assigned
benefits."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.